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200501143 responsible periodical or publication of recognized authority most closely approximating the result which would have been achieved by the Index. 1.9 Floor Area. "Floor Area" shall mean the actual number of square feet of space contained on each floor within a Building, as measured from the exterior faces of the exterior walls or storefront and /or the centerline of any common walls, including mezzanine and basement space and including stairs, interior elevations, escalators, air conditioning and other interior equipment rooms; provided, however, that the following areas shall not be included in such calculations: (a) loading docks and platforms, transformer vaults, utility and mechanical penthouses, and utility enclosures; (b) mezzanine space and basement space which are not used for the display or sale of merchandise; (c) space attributable to multi -deck, platform, rack and other multi -level systems used solely for the storage of merchandise to the extent located above the ground floor; and (d) any Outside Sales Area not included within a Building. Within thirty (30) days after written request from another Party therefor, a Party shall certify to the requesting Party the amount of Floor Area applicable to each Building on its Tract. If any Party causes an as -built survey to be prepared with respect to any portion of the Shopping Center, such Party shall furnish a copy of the survey to the other Parties for informational purposes only. 1.10 Indemnify. "Indemnify" shall mean indemnify, protect, hold harmless and defend with counsel designated by the insurer charged with the obligation to defend (or if no insurer is involved, with counsel reasonably acceptable to the Person being defended). 1.11 Laws. "Laws" shall mean and include all laws, rules, regulations, orders, ordinances, statutes and other requirements of all federal, state, county and municipal authorities having jurisdiction over the Shopping Center. 1.12 Major Occupant. "Major Occupant" shall mean any Occupant which occupies more than thirty thousand (30,000) square feet of Floor Area within the Shopping Center. 1.13 Occupant. "Occupant" shall mean any Person from time to time entitled to the use and occupancy of any portion of a Building in the Shopping Center under an ownership right or any lease, sublease, license, concession or other similar agreement. 1.14 Outlot Tracts. " Outlot Tracts" shall mean the portions of the Shopping Center legally described on EXHIBIT C attached hereto and made a part hereof and identified on the SITE PLAN as "Parcel Three ", "Parcel Four" and "Parcel Five ". 1.15 Outside Sales Area. "Outside Sales Area" shall mean those areas, if any, designated on the SITE PLAN which from time to time may be used for sales, display and /or storage purposes. During the period an Outside Sales Area is: (i) used, such space shall be enclosed by a fence or other security barrier, but shall not be heated nor air - conditioned, and G1LEGAL \ST0RES \NE \GRAND ISLAND\OEMAPD 11/16/04 3