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200501143 vehicles of workers, shall occur only on the constructing Party's Tract, and all laborers, suppliers, contractors and others connected with such construction activities shall use only the access points located upon the constructing Party's Tract, unless use of such access points is not reasonably practicable. (d) Upon completion of such work, the constructing Party shall restore the affected Common Area to a condition equal to or better than that existing prior to commencement of such work. 3.5 License to use Common Areas. (a) Each Party hereby irrevocably grants to each other Party and to its respective contractors, materialmen and laborers a temporary license during the term of this OEA for access and passage over and across the Common Area of the grantor's Tract as shall be reasonably necessary for the grantee to construct and /or maintain improvements upon the grantee's Tract; provided, however, such license shall be in effect only during periods when actual construction and /or maintenance is being performed and such license shall not be used in a manner that will unreasonably interfere with the use and operation of the Common Area by others. Prior to using the license granted herein, the grantee shall endeavor to notify the grantor of the work to be performed. (b) Any Party availing itself of the temporary license shall promptly pay all costs and expenses associated with such work, shall complete such work as quickly as possible, and shall promptly clean the area and restore and /or repair the affected portion of the Common Area to a condition which is equal to or better than the condition which existed prior to the commencement of such work. (c) If a dispute exists between the contractors, laborers, suppliers and /or others connected with construction activities, each Party shall have the right to prohibit the contractors, laborers, suppliers and /or others working for another Party from using the Common Area on its Tract. 3.6 Adjacent Buildings. (a) The Parties hereby specifically consent to the placement of Buildings along their respective common boundary lines, and each Party shall support any request by another Party for a side -yard or setback variance if the same is required in order to accommodate such construction. (b) The second Party to construct a Building adjacent to a common boundary line shall do so in a manner that does not result in damage to the improvements in place on the adjoining Tract, and such Party shall undertake and assume at its sole cost the obligation of completing and maintaining the nominal attachment (flashing and seal) of its Building to that of the existing Building on the other Tract, it being the intent of the Parties to establish and maintain the appearance of one continuous Building complex. In performing such attachment, the wall of one Building shall not receive support from nor apply pressure to the wall of the other Building. G: \LEGAL \STORES \NE \GRAND ISLAND \OEA4.WPD 11/16/04 12