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_ 99 110984
<br /> signs, utility services, drainage and retention pond facilities, landscaped areas and other
<br /> facilities and areas intended for common use
<br /> 1.06 Exclusive Use. Outlot Owner, as the Owner of the Outlot, shall have the
<br /> exclusive use of the Outlot and the improvements thereon, subject to a nonexclusive
<br /> vehicular access, ingress, egress and parking easement described in Article 3.02 hereof.
<br /> The Company shall not take any action that will adversely affect access to or the flow of
<br /> traffic to, from, and through the Outlot.
<br /> 1.07 Utilities. The Outlot Owner shall cause, at its expense and in cooperation
<br /> with the utility companies, the installation of sanitary sewer piping and water, gas and
<br /> electric lines to the Outlot. The Outlot Owner shall construct, at its cost, any connections
<br /> necessary between such utility lines and the Building or Outlot, including any connections
<br /> or extensions required by the City of Grand Island. Easements for such utilities, where
<br /> necessary, shall be granted by the Company to the Outlot Owner pursuant to Article III
<br /> hereof.
<br /> ARTICLE II
<br /> OPERATION OF THE OUTLOT
<br /> 2.01 Operating Agreements. There are hereby declared and established the
<br /> following operating agreements regarding the Outlot:
<br /> (a) Casualty Insurance. The Outlot Owner shall keep the Building and all
<br /> other improvements located on the Outlot insured, at its expense, against loss or damage
<br /> by fire, windstorm, hail, explosion, vandalism, malicious mischief, earthquake, damage
<br /> from aircraft vehicles, smoke damage and such other risks which are from time to time
<br /> included in "Extended Coverage" endorsements in Hall County, Nebraska, in an amount
<br /> not less than 100% of the actual replacement cost of the Building and improvements on
<br /> the Outlot (excluding foundation and excavation costs of underground flues, pipes and
<br /> drains) which amount shall be sufficient to restore the same to, or replace it with, buildings
<br /> and improvements of at least the same size as existed before and to as good of condition
<br /> as such were in immediately preceding such destruction. Outlot Owner shall always have
<br /> the right to construct, reconstruct and repair the building and improvements within the
<br /> Outlot subject to the terms of this Agreement.
<br /> (b) Liability Insurance. The Outlot Owner shall, at its expense, maintain
<br /> comprehensive liability insurance against claims for personal injury or death and property
<br /> damage occasioned by accident occurring upon, in or on its respective property, such
<br /> insurance in each case to afford protection with 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. In addition to the foregoing, the insurance coverage required under this Section
<br /> shall extend to any liability arising out of the indemnity set forth below in Section 2.01(c).
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