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200501143 (b) Nothing herein shall prevent a Party permitting or causing such lien from contesting the validity thereof in any manner such Party chooses so long as such contest is pursued with reasonable diligence and in good faith. If such contest is determined adversely (allowing for appeal to the highest appellate court), such Party shall, within fifteen (15) days after the final determination of such contest, pay in full the required amount, together with any interest, penalties, costs or other charges necessary to release such lien. (c) Notwithstanding the foregoing, upon request of the Party whose Tract is subject to such lien, the Party permitting or causing such lien to be filed shall, within forty -five (45) days after receipt of notice of such filing, cause such lien to be released and discharged of record, either by paying the indebtedness which gave rise to such lien or by posting bond or other security as shall be required by law to obtain such release and discharge, unless such Party delivers to the other an undertaking from a title insurance company to discharge the lien in accordance with Section 3.8(a). ARTICLE 4 DEVELOPMENT OF COMMON AREA 4.1 Common Area. The Common Area shall be initially constructed as shown on the SITE PLAN; provided, however, no fence or other barrier which would prevent or unreasonably obstruct the passage of pedestrian or vehicular travel shall be erected or permitted within or across the Common Area, exclusive of (i) the limited curbing and other forms of traffic control depicted on the SITE PLAN and (ii) the permitted staging and /or storage areas. Contemporaneously with the construction of a Building upon its Tract, the constructing Party shall cause the Common Area on its Tract to be substantially completed no later than the day on which the first Occupant of such Tract opens for business with the public. Such work shall be done in a good and workmanlike manner and in accordance with good engineering standards. 4.2 Parking Re uirements. (a) The parking area on the Kohl's Tract, on each separate Tract comprising the Developer Tract and on each of the Outlot Tracts shall contain sufficient uncovered ground level, parking spaces in order to comply with the following minimum requirements: (i) five (5.0) parking spaces for each one thousand (1,000) square feet of Floor Area; (ii) if a business use contains a drive -up unit (such as remote banking teller or food ordering /dispensing facility), then there shall also be created space for stacking not less than five (5) automobiles for each drive -up unit; and (iii) for each single Restaurant, then five (5) additional parking spaces for each one thousand (1,000) square feet of Floor Area devoted to such use. (b) If an Occupant operates a Restaurant incidentally to its primary business purpose, then so long as such incidental operation continues, the portion of the Floor Area occupied by such Restaurant shall be excluded from the application of (iii) above. For the GALEGALWORES\NE \GRAND ISLAND \OEA4.WPD 11116/04 14