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200501143 reason of acts of God, war, terrorism, civil commotion, riots, strikes, picketing or other labor disputes, unavailability of labor or materials, damage to work in progress by reason of fire or other casualty, or any cause beyond the reasonable control of such Person, then the time for performance as herein specified shall be appropriately extended by the amount of the delay actually so caused. The provisions of this section shall not operate to excuse any Person from the prompt payment of any monies required by this OEA. 12.11 Notice of Transfer. (a) Subject to the provisions of Section 12.12, each Party shall be liable for the performance of all covenants, obligations and undertakings herein set forth with respect to the portion of the Shopping Center owned by it which accrue during the period of such ownership (and with respect to Kohl's, during the continuance of the Kohl's Lease), and such liability shall continue with respect to any portion transferred until the notice of transfer set forth below is given, at which time (i) the transferring Party shall be released from the obligations of this OEA arising subsequent to the effective date of the transfer notice and (ii) the transferee Party shall assume the obligations of this OEA arising subsequent to the effective date of the transfer notice. (b) A Party transferring all or any portion of its interest in the Shopping Center shall give notice to all other Parties of such transfer and shall include therein at least the following information: (i) the name and address of the new Party; (ii) a copy of the legal description of the portion of the Shopping Center transferred; and (iii) if the transferee is the designated Approving Party. Until the notice of transfer is given, the transferring Party shall (for the purpose of this OEA only) be the transferee's agent. (c) Notwithstanding anything to the contrary contained herein, upon the expiration of the term of the Kohl's Lease or the earlier termination of the Kohl's Lease, the fee owner of the Kohl's Tract shall be deemed to be a transferee Party for the Kohl's Tract and the Approving Party for the Kohl's Tract and notice under Section 12.11(b) shall not be required for such event. (d) If a Tract is owned by more than one Person as tenants in common or as joint tenants, the Person or Persons holding at least fifty -one percent (51 %) of the ownership interest in the Tract shall designate one of their number to represent all owners of the Tract and such designated Person shall be deemed to be the Party for such Tract. (e) Nothing to the contrary contained in this OEA shall affect the existence, priority, validity or enforceability of any lien permitted hereunder which is placed upon the transferred portion of the Shopping Center prior to receipt of the notice of the transfer or which is placed on the transferred portion of the Shopping Center after receipt of the notice of transfer with respect to events occurring prior to the effective date of the transfer notice. GALEGAL \STORES \NE \GRAND ISLAND \OEA4.WPD 11/16/04 41