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200501143 (c) "Separate Utility Lines" shall mean those Utility Lines which are installed to provide the applicable service to either the Kohl's Tract or the balance of the Shopping Center, but not both. For the purpose of this OEA, the portion of a Utility Line extending between a Common Utility Line and a Building shall be considered a Separate Utility Line. ARTICLE 2 EASEMENTS 2.1 Ingress, Egress and Parking. (a) During the term of this OEA each Party hereby grants and conveys to each other Party for its use and for the use of its Permittees, in common with others entitled to use the same, a non - exclusive easement for the passage and parking of vehicles over and across the parking and driveway areas of the grantor's Tract, as the same may from time to time be constructed and maintained for such use, and for the passage and accommodation of pedestrians over and across the parking, driveway and sidewalk areas of the grantor's Tract, as the same may from time to time be constructed and maintained for such use. (b) Each Party hereby grants and conveys to each other Party for its use and for the use of its Permittees, in common with others entitled to use the same, a non - exclusive perpetual easement for the passage of vehicles over and across the access drives and service drives of the grantor's Tract, if any, which are designated on the SITE PLAN as "Perpetual Access ". (c) The easement rights granted under this Section 2.1 shall be subject to the following reservations as well as any other applicable provisions contained in this OEA: (i) Each Party reserves the right to close off its portion of the Common Area for such reasonable period of time as may be legally necessary, in the opinion of such Party's counsel, to prevent the acquisition of prescriptive rights by anyone; provided, however, that prior to closing off any portion of the Common Area, as herein provided, such Party shall give written notice to each other Party of its intention to do so, and shall attempt to coordinate such closing with each other Party so that no unreasonable interference with the passage of pedestrians or vehicles shall occur. (ii) Each Party that has established a staging and /or storage area on its Tract pursuant to Section 3.5 reserves the right to exclude and restrain persons from using the staging and /or storage area during the period of time it is used for such purposes. (iii) Each Party reserves the right to exclude and restrain Occupants of the Outlot Tracts and their Permittees from parking vehicles on its Tract, and notwithstanding anything to the contrary contained in this OEA, the easements granted in this OEA for the parking of vehicles shall not extend to the Occupants of the Outlot Tracts and their Permittees. GALEGAL \STORES \NE \GRAND ISLAND \OEA4.WPD 11/16/04 5