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200501143 ARTICLE 5 COMMON AREA MAINTENANCE AND REPAIR 5.1 Common Area Maintenance Standards. (a) Developer shall improve or cause to be improved the Common Area in accordance with the Kohl's Lease and thereafter each Party shall maintain, or cause to be maintained, the Common Area on its Tract in a safe and attractive condition and in a good state of repair. The unimproved Common Area shall be mowed and kept litter -free. The minimum standard of maintenance for the improved Common Area shall be comparable to the standard of maintenance followed in other first-class retail developments of comparable size in the metropolitan area in which the Shopping Center is located; notwithstanding the foregoing, however, the Common Area shall be operated, maintained and repaired in compliance with all applicable Laws and with the provisions of this OEA. All Common Area improvements shall be repaired or replaced with materials of a quality which is at least equal to the quality of the materials being repaired or replaced so as to maintain the architectural and aesthetic harmony and integration of the Shopping Center as a whole. (b) The maintenance and repair obligation shall include, but shall not be limited to, the following: (i) Drive and Parking Areas. Maintaining all paved surfaces and curbs in a smooth and evenly covered condition, including, without limitation, replacing base, skin patching, resealing, crack filling and resurfacing (for the purpose of this section, an overlay of the drives and parking areas shall be considered to be a maintenance item). (ii) Debris and Refuse. Periodically removing of all papers, debris, filth, refuse, including periodic vacuuming and broom sweeping to the extent necessary to keep the Common Area in a first - class, clean and orderly condition. All sweeping shall be performed at appropriate intervals during such times as shall not interfere with the conduct of business or use of the Common Area by Permittees. (iii) Ice and Snow. Removal of ice and snow as necessary. Snow shall be plowed as soon as a two -inch accumulation occurs and re- plowed as necessary to maintain less than a two -inch accumulation at all times; upon cessation of the snowfall, the Common Area shall be plowed to the paved surface. Snow shall be plowed away from Buildings to the farthest area on such Tract from the Buildings situated thereon and shall not be stacked so high as to unreasonably impede visibility to and from access roads. (iv) Non - Occupant Signs and Markers. Maintaining, cleaning, repairing and replacing directional, stop and handicapped parking signs and markers; restriping of parking lots and drive lanes as necessary to maintain parking space designation and traffic direction; and keeping clearly marked fire lanes, loading zones, no parking areas and pedestrian crosswalks. GALEGAL \STORES \NE \GRAND ISLAND \0EA4.WPD 11/16/04 17