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200501143 12.12 Limitation of Liability. Except as specifically provided below, there shall be absolutely no corporate or personal liability of persons, firms, corporations or entities who constitute a Party hereto, including, but not limited to, officers, directors, shareholders, members, partners, employees or agents of a party hereto with respect to any of the terms, covenants, conditions, and provisions of this OEA. Any Non - Defaulting Party who seeks recovery from a Oefaulting Party hereto shall look solely to the interest of such Defaulting Party, its successors and assigns, in the Shopping Center for the satisfaction of each and every remedy of the Non - defaulting Party; provided, however, the foregoing shall not in any way impair, limit or prejudice the right of any Party: (a) to pursue equitable relief in connection with any term, covenants or condition of this OEA, including a proceeding for temporary restraining order, preliminary injunction, permanent injunction or specific performance; (b) to recover from another Party all damages and costs on account of, or in connection with, casualty insurance or condemnation proceeds which are not applied or used in accordance with the terms of this OEA; (c) to recover from another Party (or its guarantor) all losses suffered, liabilities incurred or costs imposed arising out of or in connection with, or on account of, such Party's (or its guarantor's) breach of its obligation to Garry liability insurance, or fund its self-insurance obligation pursuant to Section 10.4; (d) to recover from a Party all damages and costs arising out of or in connection with, or on account of, a breach by such Party of its obligations under Section 7.3; (e) to recover from a Party all damages and costs arising out of or in connection with, or on account of, the failure by such Party to pay when due any tax, assessment or lien as specified under Section 12.5; and (f) to recover from a party all damages and costs as a result of any fraud or misrepresentation by such Party in connection with any term, covenants, or condition in this OEA. ARTICLE 13 IM 13.1 Term of this OEA. This OEA shall be effective as of the date first above written and shall continue in full force and effect until 11:59 p.m. on January 31, 2056; provided, however, that the easements referred to in Article 2 which are specified as being perpetual or as continuing beyond the term of this OEA shall continue in full force and effect as provided therein. Upon: termination of this OEA, all rights and privileges derived from and all duties and obligations created and imposed by the provisions of this OEA, except as the same relate to the easements mentioned above, shall terminate and have no further force or effect; provided, however, that the termination of this OEA shall not limit or affect any remedy at law or in equity that a Party may have against any other Parry with respect to any liability or obligation arising or to be performed under this OEA prior to the date of such termination. Notwithstanding the foregoing to the contrary, this OEA shall not be terminated without the prior written consent of the City of Grand Island, Nebraska. G.1LEGa&WTORESWEXGRANO 1$LANOt0EA4.WPD fi1b4 42 11/1