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X0090'7770 <br />(17) The roof of any building constructed within the <br />Property shall not be metal. <br />(18) All Curb cuts associated with development of the <br />Property shall be the responsibility of Owner. <br />4. Indemnity and Insurance. Owner, its successors and assigns shall indemnify, <br />defend and save Developer and its agents, employees, members, directors and officers harmless <br />from all loss, damages, liability, costs or expenses, including, but not limited to, reasonable <br />attorney's fees and all other sums incurred by or threatened against Developer, its agents, <br />employees, members, directors and officers because of any claim or assertion of liability arising <br />or alleged to have arisen out of any act or omission of Owner, its agents, employees and <br />contractors, for any work to be performed by or at the direction of the Owner pursuant to this <br />Agreement. <br />5. Miscellaneous. <br />A. All notices, requests, demands or other communications <br />("Notices") hereunder shall be in writing and given by certified mail, return <br />receipt requested or by national overnight courier (e.g., Federal Express, UPS, <br />Airborne) and, in the case of courier service, shall be effective as of the date of <br />delivery to the intended recipient as shown on the courier's records, and in the <br />case of mail, shall be effective three (3) days (excluding weekends and holidays) <br />after mailing, delivery shall be deemed to have been made if the postal service or <br />courier was not able to deliver due to change of address for which no Notice was <br />given. Notices shall be addressed as shown below or to such other address as may <br />be specified from time to time in writing by either party: <br />To Developer: Allen Phase III LLC <br />1115 West 2"a Street <br />P.O. Box 987 <br />Hastings, Nebraska 68902 <br />Attention: Robert M. Allen <br />To Owner: Paul Younes <br />c/o Holiday Inn <br />P.O. Box 1925 <br />Kearney, Nebraska 68848 <br />B. The provisions of this Agreement are not intended to create, nor <br />shall they in any way be interpreted to create, a joint venture, a partnership, or any <br />other similar relationship between the parties. <br />b <br />