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99 1i0984
<br /> permitted by law, whichever is lower, until paid. The lien, if any, shall be filed and enforced
<br /> and have priority in accordance with Article V hereof.
<br /> ARTICLE III
<br /> EASEMENTS
<br /> 3.01 Utility Easement. The Company hereby grants to the Outlot Owner, its
<br /> successors, assigns, mortgagees, lessees, sublessees, employees, agents, customers,
<br /> licensees and invitees, successors, over, across and under the Shopping Center and the
<br /> Outlot, a permanent, non-exclusive easement and right to construct, use, maintain and
<br /> repair utility lines serving the Outlot and the Shopping Center. The easement granted to
<br /> Outlot Owner shall extend only to utility lines which may, from time to time, exist within the
<br /> Common Areas which serve the Outlot. Any maintenance or repair of such utility lines by
<br /> Outlot Owner shall be performed at the Outlot Owner's sole expense and in a manner so
<br /> as to not unreasonably interfere with the operation of the Shopping Center. If necessary,
<br /> the Outlot Owner agrees to grant a nonexclusive utility easement to the company and his
<br /> successors, assigns, mortgagees, lessees, sublessees, employees, agent, customers,
<br /> licensees and invitees over and through the parking and driveway areas within the Outlot
<br /> in an area acceptable to the Outlot Owner so long as such easement does not interfere
<br /> with the Outlot Owner's use of the Outlot or any improvements thereon.
<br /> 3.02 Easement for Ingress and Egress. The Company hereby grants to the Outlot
<br /> Owner, its successors, assigns, mortgagees, lessees, sublessees, employees, agents,
<br /> customers, licensees and invitees, and the Outlot Owner hereby grants to the Company,
<br /> its successors, assigns, mortgagees, lessees, sublessees, employees, agents, customers,
<br /> licensees and invitees, a permanent, non-exclusive easement and right to use the
<br /> entrances, exits and driveways and parking areas within the Common Area for the purpose
<br /> of access, ingress, egress, and parking provided, however, that the use of the Common
<br /> Area for ingress and egress shall not cause the obstruction nor the impediment of vehicular
<br /> or pedestrian traffic, upon or across the parking areas, entrances, exits, driveways, walks
<br /> or service drives located within the Common Area and Outlot, and provided further, that
<br /> such nonexclusive ingress and egress easement shall not cover any area within the Outlot
<br /> upon which a building is constructed and shall not interfere with the use of the Outlot by
<br /> the Outlot Owner for its intended purpose.
<br /> ARTICLE IV
<br /> USE OF OUTLOT
<br /> 4.01 Permitted and Prohibited Uses. The Outlot shall be used only for the
<br /> construction, operation and maintenance of a retail store selling automobile parts and
<br /> supplies. Thereafter, the Outlot may be used for any lawful retail purpose; provided that
<br /> the Outlot Owner shall obtain the prior written consent of the Company to such use; and
<br /> provided further that the Outlot shall not be used for: any of the following (i) entertainment
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