2008-062 - Laserfiche WebLink

Home Browse Search

Section 5.04 Alternative Amendment to Section 10.05 of the Original FLA. If, and only if, Dodgers exercise their option and rights under Section 5.01 of this Third Amendment, then Section 10.05 of the Original FLA shall be amended by being deleted it in its entirety and replaced with the following provision: "If this Agreement is terminated by the either party during the Initial Term as the result of a Cessation of Use by the Dodgers, then the Dodgers shall pay to the County, as "Liquidated Damages" and in lieu of all other remedies and/or damages of any type which may be available to the County, the sum of Five Hundred Seventy Five Thousand Dollars ($575,000) for each full year remaining in the Initial Term after the date of termination as determined in accordance with the provisions of Section 10.04 (Cessation of Use by Dodgers), above. For purposes of the foregoing, a "year" shall mean a period of twelve months commencing on May 1 and ending on April 30 of the following calendar year (e.g., May 1, 2020 to April 30, 2021 is the last year of the Initial Term)." ARTICLE VI Donation of Furniture, Fixtures and Equipment Section 6.01 Donation of Furniture Fixtures and Equipment ("FF&EDl If, and only if, (i) the Dodgers do not exercise their option and rights under Section 5.01 of this Third Amendment and (ii) the Facility Lease Agreement is terminated on or before May 31, 2009, then, upon vacating Dodgertown, the Dodgers shall donate and quitclaim to the County, "AS IS" and "WHERE IS," all of the FF&E listed in Exhibit A hereto (as same may be modified from time to time to reflect replacement equipment). The Dodgers make no representations and/or warranties whatsoever, express or implied, as to the value, condition, merchantability, fitness for any particular or general use and/or purpose, or any other aspect of any of the FF&E. ARTICLE VII Reimbursement of Attorneys' Fees Section 7.01 Reimbursement of Attorneys' Fees: Within ten (10) days after the execution of this Third Amendment by both parties, the Dodgers shall pay the County the sum of Five Thousand Dollars ($5,000) to reimburse the County for attorneys' fees incurred by the County in connection with this Third Amendment. [Remainder of page intentionally left blank.] Page 12 of 15