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<br />200807158 <br /> <br />(12) Any area within the Property which houses refuse <br />dumpsters or garbage containers shall be completely surrounded on <br />three (3) sides with a wall the exterior of which shall be of the <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 /> <br />(i3) No fences or barricades of any kind shall be <br />constructed on the Property except as set forth in subsection (12) <br />above. <br /> <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 /> <br />(15) All utilities and sewers serving and located within <br />the Property shall be installed underground. <br /> <br />(16) The roof of any building constructed within the <br />Property which can be seen by the public from ground level shall <br />have a slate-like appearance and shall not be metal or covered with <br />asphalt shingles. The foregoing shall not apply to any awnings <br />located on the improvements on the Property. <br /> <br />(17) Any sidewalks required to be constructed on the <br />Property by applicable law or any Subdivision Agreement with the <br />City of Grand Island which affects the Property shall be <br />constructed by Owner as part of the building construction at <br />Owner's sole cost and expense. <br /> <br />Notwithstanding th~ foregoing provisions of this Agreement, Owner shall have <br />111e right to make such alterations, additions or improvements to: (i) the exterior <br />of the building that are required by Owner as part of an overall exterior scheme <br />and appearance required system wide for other Walgreens facilities; and (ii) the <br />interior of the building, without the written approval by Developer. <br /> <br />D. Hazardous Uses. The Property shall not be used nor shall the <br />Owner of the Property permit the use of HazardO'llS Materials (as hereinafter <br />defined) on, about, tmder or in the Property, except in the ordinary course of its <br />usual business operations conducted thereon, and any such use shall at all times <br />be in compliance with all Environmental Laws. <br /> <br />For the purpose of this Section D, the term (i) "Hazardous Materials" shall mean <br />petroleum products, asbestos, polychlorinated biphenyls, radioactive materials <br />and all other dangerous, toxic or hazardous pollutants, contaminants, chemicals, <br />materials .or substances listed or identified in, or regulated by, any Environmental <br /> <br />6 <br />