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t � Application, Dodgers shall promptly notify Developer in writing of such noncompliance, and Developer shall immediately undertake to remedy the noncompliance. If Dodgers fail to provide notice of noncompliance within ten (10) business days after their receipt of Developer's notice of completion, then the work shall be deemed to have been effected in accordance with the approved Site Plan Application. (C) Standard of Review: Dodgers shall review and approve or disapprove all Site Plan Applications, and any alterations or additions thereto, solely on the basis of the guidelines set forth in the Pattern Book and/or any material detriment which would result to the Baseball Facilities. Dodgers shall not be responsible for reviewing, nor shall their approval of any Site Plan Application or any modification thereof be deemed an approval of, any plan or design from the standpoint of structural safety or conformance with Legal Requirements. Section 3. Non-Liability of Dodgers Neither Dodgers nor any owner, shareholder, director, officer, employee, representative, agent or assign of Dodgers shall be liable to Developer or any other person or entity for any loss, damage, or injury arising out of or in any way connected with any Improvements approved by Dodgers and/or the performance by Dodgers of their duties hereunder, unless such damage or injury is caused directly by the willful misconduct of Dodgers. Section 4. Regulations of Operation and Uses (A) Cooperative Development: It is the intention of the parties that the operation and use of the Baseball Facilities and the Collateral Development will be carried on in a cooperative manner and for the mutual benefit of the parties hereto. (B) ging Training Games: Pursuant to the Facility Lease Agreement referenced above, Dodgers (subject to the conditions and limitations set forth in the Facility Lease Agreement) are required to cause the Team to play at least ten (10) Spring Training Home Games (as such term is defined in the Facility Lease Agreement) at the Baseball Facilities during each Lease Year of the Term of the Facility Lease Agreement (as such terms are defined in the Facility Lease Agreement). Dodgers hereby agree that such covenant to play at least ten (10) Spring Training Home Games at the Baseball Facilities per Lease Year is also deemed to be a covenant in favor of Developer, but subject to the conditions and limitations set forth in the Facility Lease Agreement and, if applicable, Dodgers' inability to play such games because of an "Event of Force Majeure" (as defined in Section 7(A), below). (C) Uses at Collateral Development: As a general (but not exclusive) standard, and in accordance with Section 1(E), above, it is intended that the specific uses to be engaged in at the Collateral Development reflect high quality, family-style uses as would customarily be found in family-oriented, mixed-use developments. (D) Nuisances. No noxious or offensive activity shall be carried on in or on any portion of the Adjacent Land or the Collateral Development. No portion of the Adjacent Land will be used for or in connection with any unlawful or illegal business, use, or purpose, or for Page 6 of 19 726colla.doc