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- � 99 lOS3�7 � COMMON AREA MAINTENANCE AGREEMENT THIS COMMON AREA MAINTENANCE AGREEMENT("CAMA") is made as of the � day of , 1999, by and between Robert M. Allen Family Limited Partnership, a Nebraska limited partnership ("Allen"), and Albertson's, Inc., a Delaware corporation ("Albertson's"). 1. Recitals. 1.1 Allen owns Parcels 1 through 5 and 14 through 29, collectively referred to as the "Shopping Center." Albertson's is the lessee of Parcel2. Parcels 1 through 5 and 14 through 29 are shown on Exhibit "A" and more particularly described in Schedule I attached i hereto and incorporated herein by this reference. 1.2 By virtue of that certain document entitled "Declaration of Restrictions and Grant of Easements" which encumbers the Shopping Center and is recorded concurrently herewith ("Declaration"), the Owners (including Albertson's, who is deemed to be the Owner of Parcel2 for purposes of the Declaration and this CAMA) have imposed certain restrictions on their Parcels and have executed reciprocal easements each in favor of the other, covering those portions of the Shopping Center defined in the Declaration as "Common Area." 1.3 Each of Parcels 1 through 5 and 14 through 29 is sometimes referred to herein as "Parcel." Phase 1 and Phase 2 of the Shopping Center each consist of the area respectively shown as such on Exhibit "A" attached hereto. The Phases are more particularly defined in Section 1.2 of the Declaration. 1.4 The Owners desire to provide for the common operation, cleaning, maintenance, repair, replacement and insurance of the Common Area within the Shopping Center as hereinafter provided. 1.5 All of the terms in this CAMA shall have the meanings set forth in the Declaration, the provisions of which are incorporated herein by this reference, except that references herein to exhibits and schedules shall refer to those attached to this CAMA. In the event of any conflict between the terms of this CAMA and the Declaration, the Declaration shall control. 2. Maintenance Standards. 2.1 Commencing on the date Albertson's first opens its building on Parcel2 for business (the "Albertson's Opening"), the Maintenance Director shall, except as hereinafter provided, maintain the Common Area of Phase 1 at all times in good and clean condition and repair, and shall also maintain those Common Areas within the balance of the Shopping Center reasonably required for operation of business within the buildings constructed on Parcels 1 and 2, including without limitation those areas discussed in Section 2.1(c) - (j) below, pursuant to the