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.90 -- 106923 <br />Signs d. The Devised premises shall be referred to by only <br />such designation as Tenant may indicate. Landlord expressly <br />recognizes that the service mark and trademark •K mart* is the <br />valid and exclusive property of Tenant, and Landlord agrees <br />that it shall not either during the term of thin lease or <br />thereafter directly or indirectly contest the validity at said <br />mark Ox matt*, or any of Tenant's registrations pertaining <br />thereto in the United States or elsewhere, nor adopt or use <br />said mark or any tern, work, mark or designation which is in <br />any aspect similar to the mark of Tenant. Landlord further <br />agrees that it will not at any time do or cause to be done any <br />act or thing directly or indirectly, contesting or in any way <br />impairing or tending to impair any part of the Tenant's rights, <br />title and interest in the aforesaid mark, and Landlord shall <br />not in any wanner represent that it has ownership interest in <br />the aforesaid mark or registrations therefor, and specifically <br />acknowledges that any use thereof pursuant to this lease shall <br />not create in Landlord alley right, title or interest in the <br />aforesaid mark. <br />Tenant shall have the option to erect at its sole cost <br />and expense upon any portion of the demised premises signs of <br />such height and other dimensions as Tenant shall determine, <br />bearing such legend or inscription as Tenant shall determine. <br />Landlord shall not permit any other signs, billboards or <br />posters to be displAyad an any portion of the demised premises. <br />The sole purpose of this instrument is to give notice of <br />said lease and all its terms, covenants and conditions to the <br />same extent as if said lease were fully set forth herein. <br />The conditions, covenants and agreements contained in <br />this instrument shall be binding upon and inure to the benefit <br />of the parties hereto, their respective heirs, executors, <br />administrators, successors and assigns. All covenants and <br />agreements of this instrument and said lease shall run with the <br />land. <br />IN WITNESS WHEREOF, the parties hereto have executed this <br />agreement in triplicate as of the day and year first above', , <br />written. <br />WITNESSES: <br />LANDLORD �" " •. <br />Park Investments, Ltd. •' <br />,A <br />BAosr Ie .! nt S <br />H. aeorgueis Preside ' <br />Attest: J f- t.e�C. 1� . � • <br />-- ,-•—•^ Se etary <br />TENANT <br />K MART CORPORATION <br />Y <br />M. L. Skiles Vice President <br />Attest: <br />Assistant secretary <br />2 <br />