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200501143 reserves and retains the right to proceed against such other Party or third Person for indemnity, contribution or damages. ARTICLE 6 MAINTENANCE OF BUILDINGS AND UTILITY LINES 6.1 Building Improvements and Outside Sales Area. (a) After completion of construction, each Party shall maintain and keep the exterior portion of the Buildings and Outside Sales Area, if any, located on its Tract in first -class condition and state of repair, in compliance with all applicable Laws, and in compliance with the provisions of this OEA, including the architectural theme. Each Party shall store all trash and garbage in adequate containers, to locate such containers so that they are not readily visible from the parking area, and to arrange for regular removal of such trash or garbage. (b) If any of the Buildings are damaged by fire or other casualty (whether insured or not), the Party upon whose Tract such Building is located shall, subject to governmental regulations and /or insurance adjustment delays, promptly remove the debris resulting from such event and provide a sightly barrier, and within a reasonable time thereafter shall perform one of the following alternatives: (i) such Party shall repair or restore the Building so damaged to a complete unit, such repair or restoration to be performed in accordance with all applicable provisions of this OEA; (ii) such Party shall erect another Building in such location, such construction to be performed in accordance with all applicable provisions of this OEA; or (iii) such Party shall demolish the damaged portion and /or the balance of such Building and restore the cleared area to either a hard surface condition or a landscaped condition in which event the area shall be Common Area until a replacement Building is erected. Within ninety (90) days from the date of the casualty, such Party shall give notice to each other Party of which alternative it elects. (c) During any period of rebuilding, repairing, replacement or reconstruction of a Building, the Floor Area of that Building shall be deemed to be the same as existed immediately prior to that period. Upon completion of such rebuilding, repairing, replacement or reconstruction, the Party upon whose Tract such Building is located shall cause a new determination of Floor Area for such Building to be made in the manner described above, and such determination shall be sent to any Party requesting the same. GALEGAL \STORES \NE \GRAND ISLAND\OEMAPD 11/16/04 19