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200501143 <br />(ii) unreasonably interfere with construction work being performed on <br />any other part of the Shopping Center; <br />(iii) unreasonably interfere with the use, occupancy or enjoyment of any <br />part of the remainder of the Shopping Center by any other Party or its Permittees; <br />or <br />(iv) cause any Building located on another Tract to be in violation of any <br />Law. <br />(c) No enclosed mall shall be permitted within the Developer Tract without the <br />prior written consent of the Approving Party for the Kohl's Tract, and no enclosed mall shall <br />be permitted within the Kohl's Tract without the prior written consent of the Approving Party <br />for the Developer Tract. <br />3.2 Permissible Building Areas. <br />(a) Although no Party shall have an obligation to commence construction of any <br />Building on its Tract, once construction of a Building has been commenced, such Building <br />shall be completed. The following restrictions shall apply unless otherwise approved in <br />writing by the Approving Parties, which approval may be granted or withheld in the sole and <br />absolute discretion of the Approving Parties: <br />(i) Buildings may be constructed only within the Building Areas shown <br />on the SITE PLAN and otherwise shall comply with all applicable Laws; <br />(ii) if a Building Area has a maximum Floor Area designation on the <br />SITE PLAN, such amount shall not be exceeded; <br />(iii) Floor Areas for each Building shall comply with all applicable Laws; <br />and <br />(iv) one or more Buildings may be constructed within a Building Area <br />except that no more than one (1) Building may be constructed on each of the Outlot <br />Tracts. <br />(b) If a portion of any Building Area is at any time paved and used as Common <br />Area, such portion may be subsequently used for building purposes provided that all <br />parking requirements and other provisions relating to such Tract are complied with. <br />Likewise, such building may be subsequently razed and, until replaced, the area shall <br />thereafter be deemed part of the Common Area, and shall be improved to the same <br />standards as the other Common Area, either as automobile parking and drive area or as <br />landscaped area. <br />3.3 Building Height Restrictions. <br />(a) No Building shall exceed one story in height; provided, however, the <br />foregoing restriction shall not prohibit the construction of mezzanines. <br />GALEGAL\STORES\NE\GRAND ISLAND \OEA4.WPD <br />11/16/04 10 <br />