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200501143 purpose of this clause only, a Restaurant shall be an "incidental operation" if it occupies less than seven percent (7 %) of the Occupant's Floor Area and does not have a separate customer entry/exit door to the outside of the Building. If an Occupant uses Floor Area for Restaurant and other purposes, only the portion of Floor Area allocated for Restaurant purposes shall be subject to the increased parking requirements. (c) The foregoing requirements set forth in this Section 4.2, together with the parking requirements imposed under all applicable Laws, shall be satisfied throughout the term of this OEA for each Tract and for each of the Outlot Tracts without reliance on the easements granted under Section 2. 1, except as otherwise indicated on the SITE PLAN. (d) If a condemnation of part of a Tract or sale or transfer in lieu thereof reduces the number of usable parking spaces below that which is required herein, the Party whose Tract is so affected shall use commercially reasonable efforts (including using proceeds from the condemnation award or settlement) to restore and /or substitute ground level parking spaces on such Tract in order to comply with the following minimum requirements: (i) four and one -half (4.5) parking spaces for each one thousand (1,000) square feet of Floor Area; and (ii) for each single Restaurant, then four and one -half (4.5) additional parking spaces for each one thousand (1,000) square feet of Floor Area devoted to such use. If such compliance is not possible, such Party shall not be deemed in default hereunder, but such Party shall not be permitted to expand the amount of Floor Area located upon its Tract. If such Floor Area is thereafter reduced other than by casualty, then the Floor Area on such Tract may not subsequently be increased unless the parking requirement is satisfied. 4.3 Lighting Requirements. The lighting system shall be initially designed in accordance with photometric plans prepared pursuant to the Kohl's Lease. Each Party shall control the lighting system located on its Tract. The type and design of the Common Area light standards shall initially be in accordance with plans and specifications prepared pursuant to the Kohl's Lease. Without the prior written approval of the Approving Parties, there shall be no changes in type or design of the Common Area light standards nor shall be any material modification in the maintained lighting intensity for the Common Area. 4.4 Slope. Pavement Materials and Utility Line Depth. (a) Except as otherwise provided in the plans and specifications prepared pursuant to the Kohl's Lease, (i) the slope in the driveway areas shall not exceed a maximum of four percent (4 %), nor be less than a minimum of one percent (1 %) and (ii) the slope in the parking areas shall not exceed a maximum of two and one -half percent (2.5 %), nor be less than a minimum of one percent (1 %). (b) Except as otherwise provided in the plans and specifications prepared pursuant to the Kohl's Lease, (i) all sidewalks and pedestrian aisles shall be comprised of concrete or other materials approved by the Approving Parties, and (ii) the automobile GALEGALISTORES \NE\GRAND ISLAND \OEA4.WPD 11/16/04 15