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Page 7 of 29 <br />injury to the Facility or the fixtures or equipment thereon, with the exception of reasonable wear and <br />tear, loss or damage by fire, natural catastrophe, or other casualty, or condemnation. <br />Notwithstanding anything to the contrary contained in this Agreement, the Dodgers shall not be <br />responsible for ad valorem real estate taxes, if any, assessed or collected with respect to the Facility. <br />The County shall not remove any FF&E from the Facility and the Dodgers shall have the right, during <br />the Term, to use all FF&E in place prior to or after the Effective Date. During the Term, the Dodgers <br />shall have, but not be limited to, the following rights, responsibilities, and obligations in connection <br />with the Facility: <br />(a) At their sole discretion, control the scheduling and use of the Facility as a <br />publicly operated spring training facility for all baseball and non -baseball events; <br />(b) Perform all maintenance of the Facility, including by providing all of the labor <br />and materials required to keep the Facility clean and free of debris and by repairing, <br />maintaining, and replacing all components of the Facility consistent with the Maintenance <br />Standards; <br />(c) Maintain the Facility, including, but not limited to, the parking lots at the <br />Facility, the structural portions of the Facility, the foundation of the Facility, the exterior <br />structural walls of the Facility, all electrical, plumbing, heating, ventilating, air-conditioning, <br />mechanical and utility systems for the Facility or any portion thereof, including any portion <br />located in the Facility, in good order, condition, and repair, in a clean, sanitary, and safe <br />condition, arid in accordance with all applicable laws and resalations; <br />(d) Provide all security, crowd control, maintenance, cleaning, landscaping and <br />other personnel or independent contractors required for the proper maintenance and operation <br />of the Facility consistent with the Maintenance Standards; <br />(e) Obtain and maintain all commercial general liability insurance necessary or <br />appropriate to inure the liability of the County, the City, and the Dodgers with respect to the <br />Facility and property insurance. The insurance, as it protects the County's and the City's <br />interest, shall be subject to the County's reasonable approval and shall cause the County and <br />the Cit} to be named as an additional insured on such policies. Further pro-,isions concerning <br />insurance are set forth in Section 14 05, below. A certificate of insurance evidencing proof <br />of such insurance shall be provided to the County and the City annually starting on the <br />beginning date of the Term and as further provided in Section 14 05, below; <br />( i) Set rates and charges for the use of the Facility by third parties; <br />0 <br />(c) :Advertise and promote all baseball and non -baseball events conducted at the <br />Facility, such advertising and promotion to mention or idemifi- the County and!or the City to <br />the extent practicable (the Dodgers understand the importance of promoting the County and <br />r <br />the Citv and their image and desire and agree to assist in such regard). <br />v <br />W <br />Pace 7 of_; <br />https:Hori.indian-river.org///Document/GetDocumentForPrintPNG/?request=AQAAANC... 5/25/2021 <br />