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200406869 Area ") through an open channel and/or culvert facility (the "Channel ") so that it may collect in a detention basin (the "Detention Basin ") in the area identified as "Detention Easement Area" as depicted and legally described on Exhibit E attached hereto which is located upon the Wal -Mart Property (the "Detention Easement Area "). Wal -Mart, at Wal -Mart's sole expense, shall be responsible for the construction and maintenance of the Channel and Detention Basin, which may be necessary to accommodate storm -water leaving the Wal -Mart Property and the Trust Property. The Trust shall grant to Wal -Mart such easements as may be necessary for Wal -Mart to complete the construction referenced in the preceding sentence as well as for maintenance of the Channel, and Detention Basin. The Trust shall not alter the Channel nor the Detention Basin, nor their respective functions without Wal -Mart's prior written consent. Wal -Mart hereby indemnifies Trust and Trusts heirs, successors and assigns, against any and all claims and losses arising out of Wal -Mart's use of the Channel or the Detention Basin, or arising out of the introduction of any substance into the Channel or the Detention Basin from the Wal -Mart Property in violation of any applicable laws including, without limitation, the Federal Water Pollution Control Act (33 USC §1251, et seq.), as amended, including any claim that the storm water or any other substance which enters the Channel or the Detention Basin from the Wal -Mart Property violates the terms or provisions of any applicable laws as aforesaid. e. Wal -Mart hereby grants to the Trust, for the benefit of the Trust Property and the Trust's heirs, successors and assigns, perpetual easements (i) to allow storm - water leaving the Trust Property to enter onto and/or cross over that certain portion of the Wal -Mart Property which comprises a part of the Drainage Easement Area through the Channel so that it may collect in the Detention Basin and (ii) to allow storm -water leaving the Trust Property through the Channel to collect in the Detention Basin. The Trust hereby indemnifies Wal -Mart and Wal -Mart's successors and assigns, against any and all claims and losses arising out of the Trust's use of the Channel or the Detention Basin, or arising out of the introduction of any substance into the Channel or Detention Basin from the Trust Property in violation of any applicable laws including, with out limitation, the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.), as amended, including any claim that the storm water or any other substance which enters the Channel or the Detention Basin from the Trust Property violates the terms or provisions of any applicable laws as aforesaid. 6. Development, Maintenance, and Taxes. a. Development. (1) Arrangement. The arrangement of the Common Areas on the Trust Property shall not be changed in a manner inconsistent with the provisions of this Agreement. (2) "Parking Area" Ratio. With respect to the development and use of the Trust Property, the owner of the Trust Property or any portion thereof, shall continuously provide and maintain the following parking ratios: (i) no less than 15 parking spaces for every 1,000 square feet of building space for any restaurant use in excess of 5,000 square feet; or (ii) no less than 10 parking spaces for every 01498488.6/5 5