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200501143 (d) Whenever required by the context of this OEA, (i) the singular shall include the plural, and vice versa, and the masculine shall include the feminine and neutergenders, and vice versa; and (ii) use of the words "including ", "such as ", or words of similar import, when following any general term, statement or matter shall not be construed to limit such statement, term or matter to specific items, whether or not language of non - limitation, such as "without limitation ", or "but not limited to ", are used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest scope of such statement, terms or matter. (e) The captions preceding the text of each article and section of this OEA are included only for convenience of reference. Captions shall be disregarded in the construction and interpretation of this OEA. Capitalized terms are also selected only for convenience of reference and do not necessarily have any connection to the meaning that might otherwise be attached to such term in a context outside of this OEA. (f) Invalidation of any of the provisions contained in this OEA, or invalidation of the application thereof to any Person by judgment or court order shall in no way affect any of the other provisions hereof or the application thereof to any other Person and the same shall remain in full force and effect. (g) No Occupant or Person other than the Parties shall have the right to enforce any of the provisions of this OEA except that an Anchor Occupant shall have the right to enforce the provisions of this OEA against the Parties, even if such Occupant is not a Party, if such Occupant's lease gives the Occupant the authority to do so. (h) This OEA may be executed in several counterparts, each of which shall be deemed an original. The signatures to this OEA may be executed and notarized on separate pages, and when attached to this OEA shall constitute one complete document. (i) For purposes of this OEA, the term "Kohl's" shall refer to the tenant under the Kohl's Lease. 12.8 Negation of Partnership. None of the terms or provisions of this OEA shall be deemed to create a partnership between or among the Parties in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. Each Party shall be considered a separate owner, and no Party shall have the right to act as an agent for another Party, unless expressly authorized to do so herein or by separate written instrument signed by the Party to be charged. 12.9 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Shopping Center or of any Tract or portion thereof to the general public, or for any public use or purpose whatsoever. Except as herein specifically provided, no right, privileges or immunities of any Party hereto shall inure to the benefit of any third -party Person, nor shall any third -party Person be deemed to be a beneficiary of any of the provisions contained herein. 12.10 Excusable Delays. Whenever performance is required of any Person hereunder, such Person shall use all due diligence to perform and take all necessary measures in good faith to perform; provided, however, that if completion of performance shall be delayed at any time by G: \LEGAL \STORES \NE \GRAND ISLAND \OEA4.WPD 11/16/04 40