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200501143 parking areas, drives, and access roads shall be designed in conformity with the recommendations of a registered soils engineer approved by the Approving Parties which shall require the installation of a suitable base and the surfacing with an asphaltic concrete or concrete wearing material. (c) Except as otherwise provided in the plans and specifications prepared pursuant to the Kohl's Lease, Utility Lines that are placed underground shall be at depths designated by consultants approved by the Approving Parties. 4.5 Common Area Modifications. (a) No Party shall make changes to the improved Common Area on its Tract without the approval of the Approving Parties, except that each Party hereby reserves the right, from time to time without obtaining the consent or approval of any other Party, to make at its own expense any insignificant change, modification or alteration in its portion of the Common Area, provided that: (i) the accessibility of such Common Area for pedestrian and vehicular traffic (as it relates to the remainder of the Shopping Center) is not unreasonably restricted or hindered, and all parking stalls and rows and vehicular traffic lanes shall remain generally as shown on the SITE PLAN; (ii) there shall be maintained at all times within such Common Area, a sufficient number of vehicular parking spaces to meet the parking requirements set forth in Section 4.2; (iii) all Laws applicable to such modifications shall be satisfied by the Party performing the same; and such action shall not result in any other Party being in violation of any Law; (iv) no change shall be made in the access points between the Common Area and the adjacent public streets; provided, however, that additional access points may be created with the approval of the Approving Parties, which approval shall not be unreasonably withheld; (v) at least thirty (30) days prior to making any such change, modification or alteration, the Party desiring to do such work shall deliver to each other Party copies of the plans therefor; and (vi) such work shall not be performed during the months of November and December. (b) The provisions of this Section 4.5 do not apply to any changes, modifications or alterations of Common Area located within Building Areas which result from or arise out of the construction, expansion or maintenance of Buildings or Outside Sales Areas. GALEGAL \STORES \NE \GRAND ISLAND \0EA4.WPD 11/16/04 16