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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. <br /> Page 10 of 15 <br />