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200501143 3.7 Side Yard Requirements. (a) The Parties acknowledge that Kohl's initially proposes to construct on the Kohl's Tract a Building which is classified as an "unlimited area" building under certain building codes (By way of explanation, but not limitation, an "unlimited area" building is designated II -N or V -N under the Uniform Building Code). All Buildings constructed within the Shopping Center shall comply with the following requirements: (i) no Building shall be constructed within sixty feet (60') of the Building Area on an adjoining Tract unless such Building, hereinafter referred to as the "Adjacent Building," shall be located immediately adjacent to the common boundary line and is attached to the Building, if any, on the adjacent Tract in accordance with Section 3.6(b); (ii) if an Adjacent Building exists, then no Building shall be located within sixty feet (60') of the Adjacent Building unless such Building is attached to the Adjacent Building in accordance with Section 3.6(b); the Adjacent Building and all other Buildings on the Tract that are attached to the Adjacent Building and to each other are hereinafter referred to as the "Building Group "; (iii) any Building that is not part of the Building Group, shall be located at least sixty feet (60') distant from the Building Group; and (iv) the Adjacent Building or the Building Group, as the case may be, shall comply with the Building code requirements applicable to an "unlimited area" building, including without limitation the installation of an approved sprinkler system for fire protection. (b) In addition to the requirements set forth above, no Building shall initially be placed or constructed on their respective Tracts in a manner which will, based on then existing governmental regulations, either preclude the construction of an "unlimited area" building within the Building Areas, or cause an existing "unlimited area" building thereon to no longer be in conformance with applicable building code requirements; provided, however, subsequent changes in governmental regulations shall not obligate a Party to modify or alter its existing Building. (c) If required by any governmental authority, each Party shall join in a recordable declaration which confirms the existence of a sixty foot (60') clear area around the Building Areas. 3.8 Liens. (a) If any mechanic's lien is filed against the Tract of one Party as a result of services performed or materials furnished for the use of another Party, the Party permitting or causing such lien to be so filed shall cause such lien to be discharged within fifteen (15) days after the entry of a final judgment (after all appeals) for the foreclosure of such lien and shall Indemnify the other Party and its Tract against all Claims on account of such lien or claim of lien. G: \LEGAL \STORES \NE \GRAND ISLAND\OEA4.WPD 11/16/04 13