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6B (1)
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12-13-11 Packet
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6B (1)
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11/1/2012 11:59:55 AM
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12/9/2011 12:51:40 PM
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Section 15.05 MODIFICATION OF TEAM RESPONSIBILITIES IF PARK BOARD <br />FEES CHARGED. If the Park Board determines to charge a fee for on -site parking and for <br />supplemental parking areas for non -Team Events, it shall have the responsibility to provide <br />parking lot attendants and clean -up services, and neither the provision of attendants nor provision <br />of such clean -up services shall be an element of either Team Stadium Services or Park Board <br />Stadium Services. <br />ARTICLE XVI <br />TRAFFIC CONTROL AND POLICE PATROLS <br />Section 16.01 TRAFFIC CONTROL. Traffic control on all public streets around the <br />Stadium shall be the responsibility of the Park Board. The Park Board shall assure that an <br />adequate number of officers of the South Bend Police Department are provided when necessary <br />to assure safe and efficient traffic control before and after Team Events and Team Special Events <br />in the Stadium and will additionally be available to respond to on -site or supplemental parking <br />lot security problems as required. <br />ARTICLE XVII <br />ASSIGNABILITY OF LEASE SUBJECT TO PRIOR PARK BOARD APPROVAL <br />Section 17.01 ASSIGNMENT IN GENERAL. Except as provided in the following <br />Section 17.02, the Team shall have no authority to assign or otherwise transfer this Stadium <br />Agreement or any provision thereof to any other person, corporation, partnership or other entity <br />without the prior written approval of the Park Board which approval shall not be unreasonably <br />withheld, conditioned or delayed. The consideration of the Park Board of any requested <br />assignment or transfer shall include, but not be limited to, the approval or disapproval of the <br />Midwest League of such assignment or transfer. <br />Section 17.02 ASSIGNMENT TO SWING- BATTER - SWING, LLC. The Team and the <br />Park Board represent that the Team is in the process of being sold to Swing- Batter - Swing, LLC, <br />an Indiana limited liability company, but that the proposed sale will not likely be consummated <br />until after this Stadium Agreement is executed. Therefore, by signing this Stadium Agreement <br />below, the Park Board hereby approves and consents to (i) all aspects of the terms, conditions, <br />provisions, execution and delivery of that certain Management Agreement dated as of November <br />23, 2011 by and between the Team and Swing- Batter - Swing, LLC and (ii) the assignment and <br />transfer of this Stadium Agreement from the Team to Swing- Batter - Swing, LLC, in connection <br />with its proposed purchase of the Team pursuant to that certain Asset Purchase Agreement dated <br />as of November 23, 2011 by and between the Team and Swing- Batter - Swing, LLC. <br />ARTICLE XVIII <br />TEAM BASEBALL GAME TICKETS <br />Section 18.01 COMPLIMENTARY TICKETS. The Team shall provide the Park Board <br />with up to twenty (20) complimentary tickets for each Team baseball game to assist the Park <br />Board and the City of South Bend in the marketing of the Stadium. <br />
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