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<br />t / I <br /> <br />200608370 <br /> <br />metropolitan area, and (iii) has not assigned the Lease or sublet the Premises, and (iv) the <br />conditions described in (i) and (ii) have continued for twelve or more months, then Landlord may <br />introduce or allow merchants at the Shopping Center to sell and display Tenant's Protected <br />Products so long as the leasable area devoted to their sale and display by any single merchant <br />does not exceed 5,000 square feet; and the aggregate leasable area devoted to Tenant's Protected <br />Products does not exceed 20,000 square feet. This exclusion from Tenant's Protected Products is <br />separate from and in addition to the exclusion provided in the immediately preceding paragraph <br />relating to incidental uses; but the preceding paragraph cannot be applied in addition to the terms <br />of this paragraph so that the maximum square footage devoted by any merchant under any <br />permitted situation cannot exceed 5,000 square feet. <br /> <br />6. Termination. Upon the expiration or sooner termination of the Lease, at the <br />request of either party, Landlord and Tenant shall enter into and record a memorandum <br />evidencing such termination in a form reasonably satisfactory to both parties. <br /> <br />This Memorandum is executed for the purpose of recordation in the Official Records of <br />Hall County, Nebraska, in order to give notice of the terms and provisions of the Lease and is not <br />intended and shall not be construed to define, limit or modify the Lease. In the event of a <br />conflict between the terms hereof and the terms of the Lease, the terms of the Lease shall control. <br />This Memorandum may be executed in counterpart. <br /> <br />[SIGNATURES ON NEXT PAGE.] <br /> <br />4 <br /> <br />(2070) <br />MP2 15202184.1 <br />