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200501143 Notwithstanding the foregoing, the restrictions set forth in clauses (vi) through (xiii), inclusive, above, shall not apply to the Kohl's Tract. (c) Except to the extent required by law, no Permittee shall be charged for the right to use the Common Area; for the purposes of this provision, a tax assessment or other form of charge applicable to parking spaces or parking lots may be deemed by the Approving Parties to be an imposition required by law. (d) Each Party shall use commercially reasonable efforts to cause the employees of the Occupants of its Tract to park their vehicles only on such Tract. (e) The name "Kohl's" shall not be used to identify the Shopping Center or any business or trade conducted on the Developer Tract or any of the Outlot Tracts. The Approving Parties shall agree upon a name for the Shopping Center. 7.3 Hazardous Materials. No Party shall use or permit the use of Hazardous Materials (as hereinafter defined) on, about, under or in its Tract, or the Shopping Center, except in the ordinary course of its usual business operations conducted thereon, and any such use shall at all times be in compliance with all Environmental Laws (as hereinafter defined). Each Party shall Indemnify the other Parties from and against all Claims, including, but not limited to, costs of investigation, litigation and remedial response arising out of any Hazardous Materials used or permitted to be used by such Party, whether or not in the ordinary course of business. "Hazardous Materials" shall mean petroleum products, asbestos, polychlorinated biphenyls, radioactive materials and all other dangerous, toxic or hazardous pollutants, contaminants, chemicals, materials or substances listed or identified in, or regulated by, any Environmental Law. "Environmental Laws" shall mean all Laws which relate to or deal with human health or the environment, all as may be amended from time to time. ARTICLE 8 COMMON AREA LIGHTING 8.1 Common Area Lighting. After completion of the Common Area lighting system on its Tract, each Party shall keep its Tract fully illuminated each day from dusk to at least 11:00 p.m. unless the Approving Parties agree upon a different time. Each Party shall keep any exterior Building security lights illuminated from dusk until dawn. During the term of this OEA, each Party grants an irrevocable license to each other Party for the purpose of permitting the lighting from one Tract to incidentally shine on the adjoining Tract. 8.2 After Hours Lighting. (a) Each Party ( "Requesting Party ") shall have the right, at any time to require another Party ( "Requested Party ") to keep its Common Area lights operating beyond the hours set forth in Section 8.1 provided that the Requesting Party notifies the Requested Party of such request not less than five (5) days in advance. The Requesting Party shall GALEGAL \STORES \NE \GRAND ISLAND \0EA4.WPD 11/16/04 25