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Term shall be deemed to have been abandoned by the Dodgers, and may be retained or disposed of by the County, in its sole discretion, in accordance with applicable law. (k) Upon the expiration or earlier termination of the Facility Lease Agreement, the Dodgers shall return the Parking Facility to the County free and clear of any contractual obligations or other legal encumbrances granted by the Dodgers, except utility easements and other encumbrances necessary for the maintenance and operation of the Parking Facility. (1) The Parking Facility shall not be used for the manufacture or storage of flammable, explosive or Hazardous Materials (as defined below), except for Hazardous Materials typically found for use or sale in retail stores, including supermarkets and dry cleaning stores, and/or typically found for use in comparable spring training facilities. For purposes of this First Amendment, "Hazardous Materials" shall mean any containment, chemical, waste, irritant petroleum product, waste product, radioactive material, flammable or corrosive substance, explosive, poly -chlorinated biphenyls, asbestos, hazardous toxic substance, material or waste of any kind, or any other substance that any environmental law regulates. "Hazardous Materials" shall include, but not be limited to, substances defined as "hazardous substances," "hazardous materials," or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.; the Hazardous Materials Transportation Act, 39 U.S.C. Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; all applicable state and local laws; and in the regulations adopted and publications promulgated pursuant to said laws or any amendments or addenda thereto. Section 3.05 Indemnification. The Dodgers shall defend, indemnify and hold the County harmless from all claims relating to the installation and construction of the Parking Improvements, including, but not limited to, those that may be asserted against the Dodgers or the Parking Facility, and also including without limitation, all lien rights or claims created or permitted by the Dodgers, its employees, agents or contractors, in exercising its access and possessory rights as set forth herein relating to the installation and construction of the Parking Improvements. Section 3.06 Facility Lease Agreement. All other terms and conditions of the Facility Lease Agreement remain the same, and shall remain in full force and effect. Section 3.07 Right of First Refusal; Repurchase Option. Pursuant to the County Deed, the Dodgers reserved a right of first refusal and a repurchase option, on the terms and conditions set forth in the County Deed. The County and the Dodgers hereby acknowledge and agree that the Parking Property is included within the property that is the subject of the right of first refusal and the repurchase option for all purposes of the County Deed. {FT218339;2} [Remainder of page intentionally left blank.] Page 7 of 11