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99 110984 10.03 Term of Agreement. Each agreement, covenant, restriction, obligation, warranty, representation, indemnity, easement or other term of this Agreement shall be for the term of seventy-five years from the date hereof and may be renewed each ten years thereafter by the written consent of all owners of the Outlot and the Company (if it is the owner, tenant or subtenant of any portion of the Shopping Center) for additional periods of ten years each provided, however, that the easements granted pursuant to Section 3.01 and 3.02 shall survive such termination unless this Agreement shall be terminated by the written agreement of all owners of other Outlot and the Company (if it is the owner, tenant or subtenant of any portion of the Shopping Center). 10.04 Headings. The Section headings in this Agreement are for convenience only, shall in no way define or limit the scope or content of this Agreement and shall not be considered in any construction or interpretation of this Agreement or any part thereof. 10.05 Severabilitv. If any clause, sentence or other portion of this Agreement shall become illegal, null or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remaining portions thereof shall remain in full force and effect. 10.06 Subsequent Conveyances. All conveyances of any portion of the Outlot subsequent to the date hereof shall recite that they are subject and subordinate to the terms and provisions hereof. 10.07 Force Majeure. Time is of the essence hereof, provided, however, the Outlot Owner shall be excused for failure to commence and complete the construction work required to be performed hereunder if such failure is unavoidably caused by: Act of God or the elements; war, war defense conditions or the act of the public enemy; strikes or walkouts (but not lockouts initiated by Outlot Owner or its contractors, subcontractors or agents); the unavailability of labor and materials (if not due to the lack of funds to purchase such labor or materials); or other causes (other than financial) beyond the Outlot Owner's reasonable control. The Outlot Owner shall use reasonable diligence to avoid any such delay and to resume construction as promptly as possible after any such delay. 10.08 Governing Law. This Agreement shall be construed in accordance with the laws of the State of Nebraska. 10.09 Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed to have been duly given on the day of being sent if mailed by registered or certified mail with postage prepaid addressed or by overnight courier service as follows: (a) If to the Company, to: c/o Archway Realty Corporation 16619 South Manchester Tinely Park, Illinois 60477 Attn: Judith A. Haines 11 i