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Section 3. Parking Charges (A) Parking Charges: All charges for all parking within the Collateral Development shall be as may be agreed to from time to time solely by Dodgers and Developer, in their sole discretion (subject to applicable Legal Requirements). All charges for all parking at the Baseball Facilities shall be as promulgated from time to time by Dodgers, in their sole discretion (subject to applicable Legal Requirements). In all cases, any and all revenues derived from parking on the Collateral Development in connection with events at the Baseball Facilities shall be retained solely by Dodgers after reimbursing Developer for any costs and expenses incurred by Developer in connection with such parking, provided that such costs and expenses (or the method of calculating the same) has been approved in writing in advance by Dodgers, which approval will not be unreasonably withheld or delayed. At such time as Dodgers are no longer lessee of the Baseball Facilities, any reference herein to Dodgers shall mean the County or its assigns (except if Dodgers have become the fee owner of the Baseball Facilities). (B) Other Parking: The provisions of Section 3(A), above, do not apply to parking on land which is secured by Developer and is not within the Adjacent Land. As to such land, Developer and Dodgers shall share any revenues derived therefrom in accordance with an allocation formula to be determined hereafter by mutual agreement of the parties. Section 4. Defaults (A) Defaults: If either party (as the "Defaulting Party") is in default of any of its obligations hereunder and such default either cannot be cured, or, if it can be cured, has not been cured by the Defaulting Party within thirty (30) days after its receipt of written notice of default from the other party (the "Non-Defaulting Party"), then the Non-Defaulting Party shall have the right to seek any remedies which may be available to it at law or in equity as a result of the default. (B) Cumulative Remedies: The various rights, powers, and/or remedies of any party hereto or herein contained shall not be considered as exclusive of, but shall be considered cumulative to, any rights, powers, and/or remedies now or hereafter existing at law or in equity and/or created by this Declaration. (C) No Implied Waiver: The failure of either party to seek redress for any violation of, or to insist upon the strict performance of, any covenant, term, condition, representation, and/or warranty set forth in this Declaration shall not constitute a waiver of such rights or in any way limit or prevent the subsequent enforcement of any such covenant,term, condition, representation, and/or warranty. (D) No Termination by Developer: Notwithstanding anything to the contrary contained in this Declaration, it is expressly understood and agreed that no uncured breach or default of this Declaration by Dodgers shall entitle Developer to cancel, rescind, or otherwise terminate this Declaration. However, such limitation shall not affect in any manner any other rights or remedies which Developer may have hereunder or under any applicable law by reason of any such uncured breach. (E) Notice to Mortgagees: Each party shall provide copies to the other party's first priority mortgagee (if any) of any default notices sent hereunder, provided any such mortgagee has requested such notices and has provided the other party in writing with an appropriate address for the mailing of such notices. Any such first priority mortgagee which has requested notice in accordance with this 726decla.doc Page 4 of 13