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200502516 <br />same materials as the building constructed on the Property; the <br />entrance to such area shall be gated with wood or wrought iron. <br />(13) No fences or barricades of any kind shall be <br />constructed on the Property. <br />(14) The Property may not be subdivided, in any <br />manner, into smaller lots without the prior written consent of <br />Developer, which may be withheld in its sole discretion. <br />(15) All utilities and sewers serving and located within <br />the Property shall be installed underground. <br />(16) The roof of any building constructed within the <br />Property shall not be metal. <br />4. Indemnity and Insurance. Owner, its successors and assigns shall indemnify, <br />defend and save Developer and its agents, employees, members, directors and officers <br />harmless from all loss, damages, liability, costs or expenses, including, but not limited to, <br />reasonable attorney's fees and all other sums incurred by or threatened against Developer, its <br />agents, employees, members, directors and officers because of any claim or assertion of <br />liability arising or alleged to have arisen out of any act or omission of Owner, its agents, <br />employees and contractors, for any work to be performed by or at the direction of the Owner <br />pursuant to this Agreement. <br />5. Miscellaneous. <br />A. All notices, requests, demands or other communications <br />( "Notices ") hereunder shall be in writing and given by certified mail, return <br />receipt requested or by national overnight courier (e.g., Federal Express, UPS, <br />Airborne) and, in the case of courier service, shall be effective as of the date of <br />delivery to the intended recipient as shown on the courier's records, and in the <br />case of mail, shall be effective three (3) days (excluding weekends and holidays) <br />after mailing, delivery shall be deemed to have been made if the postal service <br />or courier was not able to deliver due to change of address for which no Notice <br />was given. Notices shall be addressed as shown below or to such other address <br />as may be specified from time to time in writing by either party: <br />To Developer: Allen Phase III LLC <br />1115 West 2 °d Street <br />P.O. Box 987 <br />Hastings, Nebraska 68902 <br />Attention: Robert M. Allen <br />�1 <br />