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2008-062
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2008-062
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Section 4.06 Survival . The provisions of this Article IV shall survive the termination or <br /> expiration of the Facility Lease Agreement. <br /> ARTICLE V <br /> Option to Void Certain Provisions of Third Amendment <br /> Section 5 .01 Dodgers' Option to Void Certain Provisions of this Third Amendment: <br /> Notwithstanding anything to the contrary contained in this Third Amendment, Dodgers shall <br /> have the option and right, to be exercised in their sole and absolute discretion, to revoke, nullify, <br /> and void, ab initio, the following sections and provisions of this Third Amendment : Sections <br /> 2 . 01 , 2 . 025 2 . 03 , 2 .05, 2. 07, 2 . 08, 2 . 0% 2. 12, and 3 . 02. Dodgers shall exercise their option <br /> hereunder, if at all, by giving the County written notice thereof on or before 5 : 00 P.M. (EST) on <br /> March 31 , 2008 . <br /> Section 5 . 02 Effective Provisions of this Third Amendment: To avoid confusion or <br /> misunderstanding regarding the effect of Dodgers' rights under Section 5 . 01 , above, the parties <br /> hereby agree that the following provisions shall become effective and may not be voided by <br /> either party without the consent and agreement of the other after this Third Amendment has been <br /> executed by both parties: Sections 2. 04, 2 . 06, 2 . 10, 2. 11 , 3 . 01 , 4 . 01 , 4. 02, 4. 03 , 4. 04, 4.05, 5 . 01 , <br /> and 5 . 03 . <br /> Section 5 . 03 Alternative Amendment to Section 1004 of the Original FLA. If, and <br /> only if, Dodgers exercise their option and rights under Section 5 .01 of this Third Amendment, <br /> then Section 10. 04 of the Original FLA shall be amended by being deleted it in its entirety and <br /> replaced with the following provision: <br /> "If, at any time during the Initial Term (and not a Renewal Term), the Dodgers <br /> either (i) lose the right to own the Team, or (ii) are unable for any reason to hold <br /> Spring Training Home Games in the Facility, or (iii) otherwise decide, in their <br /> sole discretion, to cease to conduct their spring training operations and/or Spring <br /> Training Home Games at the Facility, such event shall constitute a "Cessation of <br /> Use" of the Facility by the Dodgers. Notwithstanding anything to the contrary <br /> contained in this Agreement, a Cessation of Use of the Facility by the Dodgers <br /> shall entitle either party to terminate this Agreement by giving the other ten ( 10) <br /> days' written notice of termination to the other party. If the notice of termination <br /> is given by the County to the Dodgers hereunder, then the Dodgers shall have ten <br /> (10) days after receipt of the aforementioned notice of termination to renounce the <br /> Cessation of Use by confirming to the County, in writing, their intention to <br /> continue to use the Facility during the Initial Term as the spring training facility <br /> for the Team. Subject to the Dodgers' right to cure hereunder, a termination <br /> pursuant to the provisions of this Section 10 . 04 shall become effective upon the <br /> expiration of the ten ( 10) days notice period. " <br /> Page I 1 of 15 <br />
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