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form or forum, whether initially or by way of defense, offset, or cross-, counter-, or third party
<br />claim, any Released Claims (as defined above) which each Releasing Party has, has had, or may
<br />hereafter have against the other Released Parties which have been released by each of them pursuant
<br />to this Agreement_
<br />Section 4.03 No Assignment of Released Claims. Each Releasing Party represents and
<br />warrants that it has not assigned or otherwise transferred to any person or entity any interest in any
<br />Released Claims which it may have against either or both of the other Released Parties, and agrees
<br />to indemnify and hold harmless the other Released Parties from and against any Released Claims,
<br />demands, damages, costs, expenses and attorneys' fees incurred by the other Released Parties as a
<br />result of any person or entity asserting any such assigned or transferred Released Claims, or any
<br />rights or Released Claims under any such assignment or transfer.
<br />Section 4.04 Payment for Defense against Released Claims. Each Releasing Party
<br />agrees that if it commences, joins in, or in any way seeks relief through any action arising out of,
<br />based upon, or relating to any of the Released Claims, or in any way asserts against any of the
<br />Released Parties any of the Released Claims, then the Releasing Party shall pay to the Released
<br />Parties, in addition to any other damages caused to the Released Parties thereby, all reasonable
<br />attorneys' fees and other fees and costs incurred by the Released Parties, or any of them, in
<br />defending against or otherwise responding to said action and/or Released Claims.
<br />Section 4.05 Dodgers' Release of Claims against Other Major League Clubs. The
<br />Dodgers, on behalf of itself and its Releasing Parties, hereby waive, release, and forever discharge
<br />any and all claims (regardless of whether such claims arise in tort or contract law, or when such
<br />claims may have arisen) they may have against the County and its Released Parties and all other
<br />Major League Baseball Clubs, their divisions, subsidiaries, parents, units, affiliated entities,
<br />owners, stockholders, members, directors, officers, employees, agents, attorneys, representatives,
<br />partners, predecessors, heirs, successors and assigns, and each and every person acting by, through,
<br />under or in concert with them, or any of them (herein the "MLB Club Parties") arising out of or
<br />relating to any such MLB Club Parties' discussions or negotiations with the County, or any
<br />County representative, agent, employee, or attorney, to replace the Dodgers as the lessee and
<br />user of the Facility or to lease the Facility from the County, regardless of whether the Facility
<br />Lease Agreement (as modified by this Third Amendment) was in effect at the time of such
<br />discussions or negotiations, or had terminated, including, but not limited to, claims for
<br />interference with contractual relations or interference with prospective business advantage. It is
<br />the express intent and understanding of the parties hereto that, in light of the voluntary decision
<br />of the Dodgers to relocate their spring training activities to a location other than the Facility and
<br />the County's desire to retain spring training activities at the Facility, the County should and must
<br />be free to discuss use of the Facility with any and all potential MLB Club Parties and that such
<br />MLB Club Parties may enter into discussions or negotiations with the County for the use of the
<br />Facility without fear of reprisal in any form by the Dodgers. Each MLB Club Party that has ever
<br />entered, or will in the future enter, into discussions or negotiations with the County or any of its
<br />representatives, agents, employees or attorneys, for use as lessee of the Facility, shall be entitled
<br />to rely on this Section 4.05 as a third party beneficiary.
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