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200501599 <br />Section 3. Covenants Running With the Land. The rights contained within this <br />Easement Agreement shall run with the land, as a burden upon the Easement Area and as an <br />appurtenance to the Menard Property, and shall inure to and be for the benefit of Menard, its <br />successors and assigns in ownership of the Menard Property, and their respective agents or <br />employees. <br />Section 4. Counterparts. This Easement Agreement may be executed in two or more <br />duplicate counterparts, each of which shall be deemed an original, and all of which together shall <br />constitute but one and the same instrument. <br />Section 5. Partial Invalidity. If any provisions or portions of this Easement Agreement <br />or the application thereof to any person or circumstance shall, to any extent, be invalid or <br />unenforceable, the remainder of this Easement Agreement or the application of such provision, <br />or portion thereof, to any other persons or circumstances shall be valid and enforceable to the <br />fullest extent permitted by law. <br />Section 6. Applicable Law. This Easement Agreement shall be deemed to have been <br />made in Grand Island County, Nebraska, and shall be construed in accordance with the laws of <br />the State of Nebraska. <br />Section 7. Notice. All notices and other communications required or permitted to be <br />given hereunder shall be in writing and hand delivered or mailed by certified or registered mail, <br />postage prepaid, or by Federal Express, Airborne Express, or similar overnight delivery service, <br />addressed as follows: <br />If to Wal -Mart: Wal -Mart Real Estate Business Trust <br />2001 Southeast 10"' Street <br />Bentonville, AR 72716 <br />Attention: Legal Department <br />With a copy to: Kutak Rock LLP <br />The Omaha Building <br />1650 Farnam Street <br />Omaha, Nebraska 68102 <br />Attention: Michael L. Curry, Esq. <br />If to Menard: Menard, Inc. <br />4777 Menard Drive <br />Eau Claire, WI 54703 <br />Attention: Vice President — Real Estate <br />The above addresses may be changed at any time by the parties by notice given in the manner <br />provided above. <br />Section 8. Liability Insurance Coverage. Menard shall, at its expense, maintain in <br />effect commercial general liability insurance coverage against claims for personal injury, death <br />or property damage occurring on or about the Easement Area, with limits of liability of not less <br />than $2,000,000 for injury or death of a single person, and not less than $5,000,000 per <br />01 -583770.3 2 <br />