Common use of Design Changes/Abandonment of Stadium Clause in Contracts

Design Changes/Abandonment of Stadium. If (i) in the final design and configuration of the Stadium (1) the Seat(s) which is the subject of this License Agreement is not included in the Stadium, or (2) the Seat(s) is not available for licensing, or (ii) the development of the Stadium is terminated or otherwise abandoned before the first Team Game is played in the Stadium, then, in each case of clause (i) and (ii) above, the PSL Agent, on behalf of the Authority, may terminate this License Agreement. If the Licensee’s Seat(s) are not included in the final design and configuration of the Stadium, the PSL Agent will endeavor to provide the Licensee with a Comparable Seat(s). In the event the PSL Agent notifies the Licensee that there is no Comparable Seat(s), then the PSL(s) and this License Agreement will terminate as of the date of such notification. Upon such termination, the portion of the License Fee that the Licensee has paid will be refunded to the Licensee by the PSL Agent. No interest will be paid on any refunded License Fee amounts. Upon return of such paid amount of the License Fee to the Licensee, the parties hereto will have no further liability or obligation to each other under the terms of this License Agreement or at law or in equity. The Licensee shall have no recourse against the Authority, including for any refund of the License Fee, for the failure of StadCo to commence or complete construction of the Stadium or for the unavailability of any Seat(s). The Licensee’s right to a refund of the Licensee Fee from the PSL Agent set forth in this Section 11(a) of this Exhibit C is the Licensee’s sole and exclusive remedy for StadCo’s failure to commence or complete construction of the Stadium or for the unavailability of the Seat(s). Except as expressly provided under this License Agreement, the Licensee will not be entitled to a refund of the License Fee or any interest paid by the Licensee under any circumstances after the date that the first Team Game is played in the Stadium.