Amendment No. 1 to Use Agreement - Swing Batter Swing LCC

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8 including all board members, commissioners, officers, directors, duly authorized agents, employees and sub-contractors from any damage and injury resulting from the use of the equipment by the Team. The Team shall use the equipment in a careful and proper manner and shall repair, or if necessary, replace any equipment damaged by its negligent or reckless use. The Team is solely responsible for all maintenance of this heavy equipment and all training requirements necessary for the Team’s safe use of said heavy equipment.” 21. The last sentence of Section 12.03 is hereby deleted in its entirely and replaced by the following: “The Parties agree that any and all scheduling decisions described in Article XII of this Stadium Agreement are subject to the PDL Rules and Regulations.” 22. Section 14.01 of the Stadium Agreement is hereby deleted in its entirety and replaced by the following: “MAINTENANCE OF SOUTH BEND CUBS PDL LICENSE AGREEMENT. The Team represents that as of February 12, 2021, it is a party to the South Bend Cubs PDL License Agreement. During the term of this Stadium Agreement, the Team shall use its best efforts to remain a PDL Club in good standing. The Team agrees to take commercially reasonable steps to refrain from any conduct or activities which would cause the early termination or non-renewal of the South Bend Cubs PDL License Agreement.” 23. Section 18.01 of the Stadium Agreement is hereby deleted in its entirety and replaced by the following: “COMPLIMENTARY TICKETS. The Team shall provide the Park Board, or its designee, with up to thirty (30) complimentary tickets for each Team baseball game to assist the Park Board and the City of South Bend in the marketing of the Stadium.” 24. Section 19.03 of the Stadium Agreement is hereby deleted in its entirety. 25. Section 24.08 shall be amended only to name ”Executive Director of South Bend Venues Parks & Arts in place of Aaron Perri as Executive Director of South Bend Venues Parks & Arts and add the following language at the end of Section 24.08 as follows: “Should the Parties wish to designate another individual to receive notices under this Section 24.08 they shall send such designation in writing to the Board of Park Commissioners or Swing Batter Swing, LLC addresses listed herein.” 26. Section 24.09 is hereby deleted in its entirety and replaced by the following: “AMENDMENT, MODIFICATION, OR ALTERATION. No amendment, modification or alteration of the terms of this Stadium Agreement shall be binding unless (i) in writing, dated subsequent to the date hereon and duly executed by the Parties and (ii) all necessary PDL Approvals have been obtained in advance thereof.”