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200501143
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Last modified
10/17/2011 1:58:10 AM
Creation date
10/18/2005 3:12:15 PM
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DEEDS
Inst Number
200501143
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200501143 <br />(b) Developer shall be responsible for the construction and installation of the <br />Center Monument Signs; provided, however, each Party having a sign panel thereon shall <br />pay its pro rata share of the cost of such Center Monument Signs, as determined by <br />Developer based upon the size of the sign panel divided by the total size of the Center <br />Monument Signs. Developer shall be responsible for the sign's operation and maintenance <br />on a first -class basis, and each Party having a sign panel thereon shall maintain and <br />illuminate such panel at its own expense. The cost of the electricity for such illumination <br />shall be assessed by Developer to each such Party and shall be based upon such Party's <br />pro rata share of the total electrical cost for such freestanding sign, which shall be the <br />quotient of the number of sign panels on the freestanding sign being used by such Party <br />divided by the total number of sign panels on the freestanding sign which are being used. <br />The Approving Parties shall have the right to approve the design and size of all <br />freestanding signs, including the panel inserts; provided, however, any Major Occupant <br />shall have the unqualified right to use in the panel or space allocated to it on any <br />freestanding sign its standard prototype identification as the same exists from time to time. <br />(c) Notwithstanding anything to the contrary contained in this Section 9. 1, (i) the <br />Kohl's Lease provides for Kohl's to make certain payments to Developer for the cost of the <br />construction, installation, operation, maintenance and repairof the Center Monument Signs, <br />(ii) Kohl's shall remain obligated to make such payments to Developer, (iii) Kohl's shall not <br />be obligated to make any payments to Developer under this OEA for the construction, <br />installation, operation, maintenance and repair of the Center Monument Signs, and <br />(iv) Kohl's shall maintain its sign panels at its own expense. <br />(d) The design and dimensions of each approved freestanding sign is set forth <br />in EXHIBIT D attached hereto and made a part hereof. <br />9.2 Building Signs. <br />(a) Each Occupant may have only one (1) identification sign placed on the <br />exterior of the Building it occupies; provided, however, that if such Occupant is located at <br />the corner of a Building, then such Occupant may have an identification sign on each side <br />of such corner. The restrictions set forth in this Section 9.2(a) shall not apply to Major <br />Occupants, and each Major Occupant may have more than one identification sign placed <br />on the exterior of the Building it occupies if such signage is permitted under applicable <br />Laws. <br />be: <br />(b) No Occupant identification sign attached to the exterior of a Building shall <br />(i) placed on canopy roofs extending above the Building roof, placed on <br />penthouse walls, or placed so as to project above the parapet, canopy or top of the <br />wall upon which it is mounted; <br />(ii) placed at any angle to the Building; provided, however, the foregoing <br />shall not apply to any sign located under a sidewalk canopy if such sign is at least <br />eight feet (8') above the sidewalk; or <br />(iii) painted on the surface of any Building. <br />GALEGAL\STORES\NE\GRAND ISLAND \0EA4.WPD <br />11/16/04 27 <br />
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