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200501143 <br />6.2 Utility Lines. <br />(a) Each Party shall maintain and repair, or cause to be maintained and <br />repaired, in a good state of repair and safe condition, all Separate Utility Lines used by such <br />Party regardless of where located unless the provider of the utility service or a public or <br />quasi - public authority has agreed to maintain such Utility Lines. Any maintenance, <br />replacement and /or repair of nondedicated Utility Lines located on another Party's Tract <br />shall be performed only after twenty (20) days' notice to the grantor (except in an <br />emergency the work may be initiated with reasonable notice), after normal business hours <br />whenever possible, and in such a manner as to cause as little disturbance in the use of the <br />grantor's Tract as is practicable under the circumstances. Any Party performing or causing <br />to be performed maintenance or repair work shall promptly pay all costs and expenses <br />associated therewith, diligently complete such work as quickly as possible and promptly <br />clean the area and restore the affected portion of the Common Area to a condition equal <br />to or better than the condition which existed prior to the commencement of such work. <br />(b) Common Utility Lines shall be maintained, repaired and /or replaced by the <br />Party on whose Tract the Common Utility Lines are located in accordance with the <br />standards set forth in Section 6.2(a) above. <br />ARTICLE 7 <br />USE OF THE SHOPPING CENTER <br />7.1 Permitted Uses. <br />(a) The Shopping Center shall be used onlyfor retail sales, offices, Restaurants <br />or other commercial purposes. No use shall be permitted in the Shopping Center which is <br />inconsistent with the operation of a first -class retail shopping center. Without limiting the <br />generality of the foregoing, the following uses shall not be permitted without the prior written <br />consent of the Approving Parties (which consent may be granted orwithheld in the sole and <br />absolute discretion of the Approving Parties): <br />(i) Any use which emits an obnoxious odor, noise, or sound which can <br />be heard or smelled outside of any Building in the Shopping Center (except that this <br />provision shall not prohibit normal cooking odors which are associated with a <br />first -class Restaurant operation); <br />(ii) Any operation primarily used as a storage warehouse operation and <br />any assembling, manufacturing, distilling, refining, smelting, agricultural or mining <br />operation; <br />(iii) Any "second hand" store or "surplus" store, thrift shop or other <br />business principally engaged in the sale of used merchandise; <br />(iv) Any mobile home park, trailer court, labor camp, junkyard or <br />stockyard (except that this provision shall not prohibit the temporary use of <br />construction trailers during periods of construction, reconstruction or maintenance); <br />GALEGAL\STORES \NE \GRAND ISLAND \OEA4.WPD <br />11/16/04 20 <br />