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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