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200501143 (iv) Each Party reserves the right at any time and from time to time to exclude and restrain any Person who is not a Permittee from using the Common Area on its Tract. (d) The Parties acknowledge that any curb cuts shown on the SITE PLAN providing access from the Outlot Tracts situated to the west of Wilmar Avenue onto Wilmar Avenue are shown for illustrative purposes only, that actual curb cuts to such Outlot Tracts will be established at the time of approval by the City of Grand Island of the development to take place on the applicable Outlot Tract, and that the Approving Parties shall not have the right to approve the location of such curb cuts. 2.2 Utilities. (a) Each Party hereby grants and conveys to each other Party non - exclusive perpetual easements in, to, over, under, along and across those portions of the Common Area (exclusive of any portion located within Building Areas) located on the grantor's Tract necessary for the installation, operation, flow, passage, use, maintenance, connection, repair, relocation, and removal of Utility Lines serving the grantee's Tract, including but not limited to, sanitary sewers, storm drains, and water (fire and domestic), gas, electrical, telephone and communication lines. (b) All Utility Lines shall be underground except: (i) ground mounted electrical transformers; (ii) above - ground surface water collection, detention and distribution facilities shown on the SITE PLAN; (iii) as may be necessary during periods of construction, reconstruction, repair, or temporary service; (iv) as may be required by governmental agencies having jurisdiction over the Shopping Center; (v) as may be required by the provider of such service; and (vi) fire hydrants. (c) Except for those construction activities which Developer is required to perform under the Kohl's Lease, at least fifteen (15) days prior to any installation, maintenance, connection, repair, relocation or removal of Utility Lines located on another Party's Tract pursuant to the easement granted herein (except in an emergency, the work may be initiated with reasonable notice), the grantee shall first provide the grantor with a written statement describing the need for such work, shall identify the proposed location of the Utility Line the nature of the service to be provided, the anticipated commencement and completion dates for the work and shall furnish a certificate of insurance showing that its contractor has obtained the minimum insurance coverage required by Section 10.2. GALEGAL\STORES\NE \GRAND ISLAND \OEA4.WPD 11/16/04 6