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200406869 or a facility selling gasoline on the Trust Property shall terminate and be of no further force or effect. In the event of a breach of the covenants set forth herein, Wal -Mart shall have the right to terminate this Agreement and to seek any and all remedies afforded by either law or equity. For purposes of this Agreement, the terms "discount department store" and/or "discount store" shall refer to a discount department store or discount store containing more than 8,000 square feet of rentable area for the purpose of selling a full line of hard goods and soft goods, including but not limited to clothing, cards, gifts, electronics, garden supplies, furniture, pharmacy items, lawnmowers, toys, health and beauty aids, hardware items, bath accessories and auto accessories in a retail operation similar to that of Wal -Mart. Building. a. Design and Construction. Any buildings constructed on the Trust Property shall be designed so that the exterior elevation of such building shall be architecturally and aesthetically compatible with any building constructed by Wal -Mart on the Wal -Mart Property and so that building wall footings shall not encroach from the Trust Property onto another property. The design and construction shall be in conformity with sound architectural and engineering standards and the construction shall be first quality. Unless Wal -Mart has provided its prior written consent, no portion of any building constructed on the Trust Property (including architectural features) shall exceed (i) 27 feet in height above the finished grade of the Trust Property with respect to buildings on BLDG PAD #1, and (ii) 32 feet in height as measured from the finished grade of the Trust Property with respect to buildings on BLDG PAD #2. b. Location. (1) No building shall be constructed on the Trust Property except within the Building Areas, without Wal -Mart's prior written consent. No building shall be constructed on Outlot A of Wal -Mart South Addition to the City of Grand Island, Hall County, Nebraska. (2) The retail store facility to be constructed on the Wal -Mart Property, which will do business under the name of "Wal -Mart" ( "Wal -Mart Store "), shall be located within the Wal -Mart Pad. The limitation as to location set forth in this Section 3(b)(2) shall only apply to the Wal -Mart Store. Nothing contained in this Agreement shall limit or restrict the location of additional building(s) or other improvements upon the Wal -Mart Property (including placement of building(s) or other improvements on the outlots of the Wal -Mart Property). 4. Common Areas. The Common Areas shall be used with reason and judgment so as to provide for landscaping and parking for the customers, invitees, and employees of the business conducted on the Trust Property and for servicing and supplying of such business. 01498488.6/3 3