Common use of Level of Play Clause in Contracts

Level of Play. Tenant shall exercise its commercially reasonable efforts to maintain the Myrtle Beach Pelicans PDL License Agreement. If the Myrtle Beach Pelicans PDL License Agreement shall be terminated or the Tenant shall or shall otherwise cease to have the right to own and operate a PDL Club (a “PDL Termination”), then, if such PDL Termination is the result of Landlord selling the Ballpark to a third party with whom Tenant is prohibited from having a contractual relationship under then existing PDL Rules and Regulations as uniformly applied to all PDL Clubs, then Tenant may give written notice to the Landlord stating that this Lease shall expire and terminate on the date specified in such notice, otherwise the Tenant shall continue to be bound by this Lease and use its reasonable commercial efforts to enter into another PDL License Agreement and/or own and operate another PDL Club with the right to play its home games at the Ballpark. If it is unable to do so, the Tenant shall nonetheless continue to be bound by this Lease and obligated to field a team at the Ballpark for professional or amateur home baseball games. If Tenant has not entered into another PDL License Agreement and/or does not own and operate another PDL Club with the right to play its home games at the Ballpark within 18 months after the PDL Termination, Landlord may give written notice to the Tenant stating that this Lease shall expire and terminate on the date specified in such notice, which date shall be not less than three

Level of Play. Tenant shall exercise its commercially reasonable efforts to maintain the Myrtle Beach Pelicans its PDL License Agreement. If the Myrtle Beach Pelicans Tenant’s PDL License Agreement shall be terminated or the Tenant shall or shall otherwise cease to have the right to own and operate a PDL Club (a “PDL Termination”), then, if such PDL Termination is the result of Landlord selling the Ballpark to a third party with whom Tenant is prohibited from having a contractual relationship under then existing PDL Rules and Regulations as uniformly applied to all PDL Clubs, then Tenant may give written notice to the Landlord stating that this Lease shall expire and terminate on the date specified in such notice, otherwise the Tenant shall continue to be bound by this Lease and use its reasonable commercial efforts to enter into another PDL License Agreement and/or own and operate another PDL Club with the right to play its home games at the Ballpark. If it is unable to do so, the Tenant shall nonetheless continue to be bound by this Lease and obligated to field a team at the Ballpark for professional or amateur home baseball gamesTenant Home Games. If Tenant has not entered into another PDL License Agreement and/or does not own and operate another PDL Club with the right to play its home games at the Ballpark within 18 months after the PDL Termination, Landlord may give written notice to the Tenant stating that this Lease shall expire and terminate on the date specified in such notice, which date shall be not less than threethree (3) months after the giving of such notice; provided that if such date is during the then current baseball season of the team playing at the Ballpark, then such date shall be extended to the end of such baseball season. Thereafter, this Lease and all rights of the Tenant under this Lease shall expire and terminate on the date specified in the notice as if that date were the date definitely fixed in this Lease for the expiration of the Term, and the Tenant shall immediately quit and surrender the Premises. Following such surrender of the Premises, neither Landlord nor Tenant shall have any further rights or obligations under this Lease.‌