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200501596 specializing in home improvements or a home improvement center similar to that of a "Menards" store, including by way of example only, The Home Depot, Lowe's or Sears Hardware.. b. Every owner and lessee of the Wal -Mart Property or any portion thereof shall maintain comprehensive public liability insurance covering such Wal -Mart Property with liability limits of at least $5,000,000.00 for each occurrence, bodily injury and property damage combined; and shall also maintain property damage /all -risk hazard insurance in the full replacement cost of all Improvements located upon such Wal -Mart Property. Such insurance policies shall (i) be carried with reputable companies licensed to do business in the state in which such Wal -Mart Property is located and (ii) not be subject to change, cancellation or termination without at least thirty (30) days' prior written notice to Menard. Notwithstanding anything to the contrary contained in this section, so long as the net worth of Declarant shall exceed $1,000,000,000, and so long as Declarant is owner or lessee of the Wal -Mart Property, Declarant shall have the right to retain (in whole or in part) the financial risk for any claim. 2. Any of the foregoing restrictions may be waived, amended, modified, released or terminated at any time and from time to time by Declarant; provided, however, that Declarant shall not waive, amend, modify, release or terminate this Declaration without the prior written consent of Menard during any time that Menard or any affiliate of Menard owns or occupies any portion of the Menard Property. 3. The foregoing covenants, restrictions and agreements (a) are imposed upon the Wal- Mart Property for the benefit of the Menard Property and all portions thereof, and (b) shall be deemed restrictive covenants running with the land and shall be binding upon the Wal -Mart Property and any person who may from time to time own, lease or otherwise have an interest in the Wal -Mart Property or any portion thereof. 4. In the event of a breach or threatened breach of any term of this Declaration, Menard shall have the right to exercise any and all remedies afforded under law and at equity, including, without limitation the right to obtain injunctive relief. This Declaration is made in and shall be construed pursuant to the laws of the state in which the Wal -Mart Property is located. O1- 582855.1