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� 99 110984
<br /> with the operation or use of the Shopping Center or other construction activities within the
<br /> Shopping Center. No signs may be erected or placed on the Outlot except as have been
<br /> previously approved by the Company, which approval shall not be unreasonably withheld,
<br /> in writing and as are in conformance with all governmental regulations.
<br /> 1.03 Indemnification; Insurance. With respect to any construction activity on the
<br /> Outlot, the Outlot Owner agrees to indemnify, defend and save harmless the Company and
<br /> its agents, contractors, servants, employees, officers and directors, from any and all loss,
<br /> damage, liability, cost or expenses, including, but not limited to, attorneys' fees, reasonable
<br /> investigative and discovery costs, court costs and other sums which the Company, its
<br /> agents, contractors, servants, employees, officers and members may pay or become
<br /> obligated to pay on account of any, all and every demand or claim, or assertion of liability,
<br /> or any claim or action founded on or arising or alleged to have arisen out of any act or
<br /> omission of the Outlot Owner, its agents, contractors, servants and employees, whether
<br /> such claim or claims, action or actions be for damages, injury to person or property,
<br /> including the property of the Company, or death of any person. During construction, the
<br /> Outlot Owner, at its own expense, agrees to maintain, or cause to be maintained the
<br /> following: (i) builder's risk insurance (all risk coverage) covering the construction of the
<br /> Buildings to the full extent of the insurable value thereof; (ii) workers' compensation
<br /> insurance covering all persons who are employed in connection with such construction and
<br /> who may assert death or bodily injury claims against the Company; and (iii) a policy of
<br /> insurance written by one or more responsible insurance carriers licensed to do business
<br /> in Nebraska which shall insure against liability for injury to and/or death of and/or damage
<br /> to property of any person or persons, with policy limits of not less than $2,000,000 for injury
<br /> to or death of any one person, $3,000,000 for injury to or death of any number of persons
<br /> in any one incident, and $1,000,000 for damages to property resulting from any one
<br /> incident. The policy shall name Outlot Owner and the Company as insureds and shall
<br /> provide, among other things, that the insurer specifically recognizes and insures the liability
<br /> assumed herein by the Outlot Owner. The Outlot Owner shall deliver to Company a
<br /> certificate of insurance evidencing the existence of the policy of insurance hereinabove
<br /> provided. Such certificate shall provide that the insurance shall not be canceled or
<br /> materially amended unless 30 days prior written notice of such cancellation or amendment
<br /> is given to the named insureds.
<br /> 1.04 Building Dimensions. No building or structure erected on the Outlot shall
<br /> exceed twenty-four feet in height, inclusive of any chimneys, decorative towers or roof
<br /> peaks incidental to the design of the building or structure, nor exceed a square footage of
<br /> 7,000 square feet.
<br /> 1.05 Parking Area. Outlot Owner, the Company and their invitees, employees,
<br /> representatives, tenants, subtenants, successors and assigns shall have a non-exclusive
<br /> right and easement to park on and use the "Common Area." "Common Area" shall mean
<br /> all public and common facilities which shall, from time to time, exist in the Shopping Center
<br /> and the Outlot and which are intended for common use, including, but not limited, to,
<br /> entrances, exits, driveways, access roads, parking areas, walks, service drives, directional
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