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Section 21. Time Time is of the essence in the performance of this Agreement. Section 22. Extended Meanings The words "hereof," "hereto," "hereunder," and similar expressions used in this Agreement relate to the whole of this Agreement and not only to the provisions in which such expressions appear. This Agreement shall be read with all changes in number and gender as may be appropriate or required by the context. Any reference to Developer includes, when the context allows, the employees, agents, invitees, and licensees of Developer and all others over whom the Developer might reasonably be expected to exercise control. Section 23. No Public Dedication Nothing contained in this Agreement will be deemed to be a gift or dedication of any portion of the Baseball Facilities or the Adjacent Land to the general public or for any public purpose whatsoever. Section 24. Subservience to Major League Baseball (A) Notwithstanding any other provision of this Agreement, any and all rights granted by Dodgers to Developer to use the Dodgers' Marks pursuant to this Agreement are subject to the approval of the Office of the Commissioner of Baseball and shall, in all respects, be subordinate to, and shall not prevent the issuance, entering into, or amendment of, any of the following documents, each as may be issued, entered into, or amended from time to time (collectively, the "MLB Documents"): (1) any present or future agreements or arrangements regarding the telecast, broadcast, recording (audio or visual), or other transmission or retransmission (including, but not limited to, transmission via the Internet or any other medium of interactive communication, now known or hereafter developed) of Major League Baseball games, and/or the accounts and descriptions thereof, entered into with third parties by any of the MLB Entities, either on its own behalf or on behalf of the Major League Baseball Clubs and/or other MLB Entities; (2) any other present or future agreements or arrangements entered into with third parties by, or on behalf of, any of the MLB Entities, including, without limitation, those relating to ticketing, e-commerce, and/or the exploitation of intellectual property rights in any medium, including the Internet or any other medium of interactive communication; (3) any present or future agreements or arrangements entered into by Dodgers with the other Major League Baseball Clubs and/or one or more of the MLB Entities (including, without limitation, the Major League Constitution and each agency agreement and operating guidelines among the Major League Baseball Clubs and an MLB Entity); and (4) any Rules issued or adopted either by the Commissioner or otherwise pursuant to the Major League Constitution or any such agency agreement. Dodgers and Developer shall each comply with all applicable terms, conditions and requirements contained in the MLB Documents with respect to the subject matter of this Agreement. Page 15 of 19 726colla.doc