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<br />(ii) not used, the surrounding barrier, if any, shall be removed by the Occupant and the surface of
<br />such area shall be used for Common Area purposes, or if the area is located within a Building Area,
<br />for the location of Buildings.
<br />1.16 Party. "Party" shall mean each signatory hereto and their respective successors
<br />and assigns who become owners of any portion of the Shopping Center; provided, however, during
<br />the term of the Kohl's Lease, Kohl's shall be deemed to be the Party owning the Kohl's Tract, and
<br />upon the expiration of the term of the Kohl's Lease or the earlier termination of the Kohl's Lease,
<br />the fee owner of the Kohl's Tract shall be deemed to be the Party owing the Kohl's Tract.
<br />1.17 Permittee. " Permittee" shall mean all Occupants and the officers, directors,
<br />employees, agents, contractors, customers, vendors, suppliers, visitors, invitees, licensees,
<br />subtenants, and concessionaires of Occupants insofar as their activities relate to the intended
<br />development, use and occupancy of the Shopping Center; provided, however, persons engaged
<br />in civic, public or political activities within the Shopping Center, including but not limited to the
<br />following activities, shall not be considered to be Permittees:
<br />(a) exhibiting any placard, sign or notice;
<br />(b) distributing any circular, handbill, placard or booklet;
<br />(c) soliciting memberships or contributions for private, civic, public or charitable
<br />purposes;
<br />(d) parading, picketing or demonstrating; and
<br />(e) failing to follow rules or regulations established by the Parties relating to the
<br />use of the Shopping Center.
<br />1.18 Person. "Person" shall mean any individual, partnership, firm, association,
<br />corporation, limited liability company, trust, or any other form of business or government entity.
<br />1.19 Restaurant. "Restaurant" shall mean any operation or business which requires a
<br />governmental permit, license and /or authorization to prepare and /or serve food for either on -site
<br />or off -site consumption; provided, however, notwithstanding anything herein to the contrary, a
<br />supermarket, grocery store or similar operation shall not be deemed a Restaurant.
<br />1.20 Tract. "Tract" shall mean that portion of the Shopping Center owned by a Party.
<br />1.21 Utility Lines.
<br />(a) "Utility Lines" shall mean those facilities and systems for the transmission
<br />of utility services, including the drainage and storage of surface water.
<br />(b) "Common Utility Lines" shall mean those Utility Lines which are installed to
<br />provide the applicable service to both the Kohl's Tract and the balance of the Shopping
<br />Center. The surface water collection, detention and distribution facilities for the Shopping
<br />Center shall be deemed to be a Common Utility Line.
<br />GALEGAL\STORES\NE \GRAND ISLAND \OEA4.WPD
<br />11/16/04 4
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