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As used in the foregoing provision, the term "Agreement" means the Facility Lease Agreement. To avoid confusion or misunderstanding, it is the intention of the parties that the foregoing provision grant to the Dodgers the right and option to terminate the Facility Lease Agreement at any time during the Dodgers' Option Period, effective as aforesaid. Section 2.09 Amendment to Section 10.05 of the Original FLA. The County and Dodgers hereby agree to amend Section 10.05 of the Original FLA by deleting Section 10.05 in its entirety and replacing it with the following provision: "Termination after Expiration of the Dodgers' Option Period — Liquidated Damages. After the expiration of the Dodgers' Option Period described in Section 10.04, above, the Dodgers will still have the right and option to terminate this Agreement and vacate the Facility before commencing Spring Training in 2009. However, if the Dodgers exercise their option to terminate this Agreement after the expiration of the Dodgers' Option Period, but before the New Expiration Date, which exercise would affirmatively indicate that the Dodgers will not conduct their spring training operations and play at least twelve (12) Spring Training Home Games (in accordance with Section 5.01 of this Agreement, as amended) at the Facility during Spring Training 2009, then the Dodgers will be required to pay to the County liquidated damages in the amount of Five Hundred Seventy -Five Thousand Dollars ($575,000); provided, however, that the Dodgers will not be required to pay any of the aforesaid amount of liquidated damages if any other Major League Baseball team conducts its spring training operations and plays its spring training home games at the Facility during Spring Training 2009. To avoid confusion or misunderstanding, the Dodgers will not be required to pay any liquidated damages hereunder (i) if the Dodgers exercise their option to terminate this Agreement prior to the expiration of the Dodgers' Option Period, or (ii) if the Dodgers conduct their spring training operations and play at least twelve (12) Spring Training Home Games (in accordance with Section 5.01 of this Agreement, as amended) at the Facility during Spring Training 2009, or (iii) if another Major League Baseball team conducts its spring training operations and plays its spring training home games at the Facility during Spring Training 2009. If applicable, then at the time that the Dodgers give notice to the County that the Dodgers are exercising their option to terminate this Agreement after the expiration of the Dodgers' Option Period, the Dodgers shall accompany such notice with a check (or other form of payment) for the payment of the liquidated damages as hereinabove required; provided, however, that Five Hundred Twenty - Five Thousand Dollars ($525,000) shall be refunded by the County to the Dodgers within thirty (30) days after the County enters into an agreement with another Major League Baseball team whereby the other Major League Baseball team will conduct its spring training operations and play its spring training home games at the Facility during Spring Training 2009. The County shall retain the balance of Fifty Thousand Dollars ($50,000) to cover its expenses in obtaining a another Major League Baseball team to occupy the Facility. If the Dodgers have not terminated the Facility Lease Agreement by February 20, 2009 pursuant to their termination rights hereunder, then the Dodgers' failure to commence Spring Page 5 of 15