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<br />200510142 <br /> <br />governmental authority or agency having jurisdiction, including, without limitation, the <br />subdivision laws of the State of Nebraska, the subdivision regulations of the City, the subdivider <br />registration laws of the State of Nebraska, applicable environmental laws, ordinances, rules and <br />regulations and applicable laws, ordinances, rules and regulations relating to storm water runoff, <br />sediment or erosion control, or any other water or sediment discharge relating to the Property. <br /> <br />1.18 Parking. Grantee shall, in the Site Plan, design and thereafter construct as a part <br />of the Improvements a parking lot containing no less ,than five (5) parking spaces per one <br />thousand.(1,OOO) square feet of building area to be constructed on the Property. The parking field <br />and drive aisles shall be constructed in concrete. <br /> <br />1.19 Traffic Signal. Grantee shall pay Grantee's pro-rata share of the traffic signal, <br />required pursuant to the Subdivision Agreement identified on Exhibit B as Exception No. 14, if <br />and when such traffic signal is required to be installed, in an amount not to exceed $44,403.59. <br /> <br />2. DEF AUL T AND ENFORCEMENT. <br /> <br />2.1 Default by Grantee. A "Default by Grantee" shall exist if Grantee breaches or <br />fails to comply with any Restriction in this Deed applicable to Grantee. <br /> <br />2.2 Remedies. In the event of a Default by Grantee, Grantor shall have all rights and <br />remedies at law and in equity against Grantee for such default, including without limitation, <br />attorneys fees and court costs incurred by Grantor in pursuing such rights and remedies. <br /> <br />2.3 Inspection by Grantor. Upon prior notice to Grantee of the time and date of a <br />proposed inspection and of the identities of the inspecting parties, Grantor may, from time to <br />time, at any reasonable hour or hours, enter upon and inspect the Property (other than the interior <br />of any buildings located on the Property) to ascertain compliance by Grantee with the terms and <br />conditions contained in this Deed. <br /> <br />3. GENERAL. <br /> <br />3.1 No Implied Waiver. No failure by Grantor to insist upon the strict performance of <br />any Restriction contained in this Deed, no failure by Grantor to exercise any right or remedy <br />under this Deed, and no acceptance of full or partial payment during the continuance of any <br />Default by Grantee, shall constitute a waiver of any such Restriction or waiver of any such right <br />or remedy or a waiver of any such Default by Grantee. <br /> <br />3.2 No Liability for Plans. Grantor shall not be liable for any damage, loss or <br />prejudice incurred or claimed by Grantee or any other person or party on account of the <br />acceptance or rejection of the Site Plan. <br /> <br />3.3 Notices. All notices, consents or other instruments or communications provided <br />for under this Deed, including, but not limited to, any notice of a Default by Grantee, shall be in <br />writing, signed by the party giving the same and shall be deemed properly given and received <br />when actually delivered and received, for next business day delivery by reputable overnight <br /> <br />{31858.2.IO/10/2005 10:00 AM.RFlSCHER.A0208687.DOC;4} 6 <br />