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, , . . 201109170 B. Protected Ar�a. Landiord and Tenant agre�that the area labeled "Olive Garden Staging Area & Protected Area" on Exhibit"A-]" ("Pratected Area�'), whici� includes parking areas and access dri�es, is restricted as follows: {i) The Protected Area shall at all times remain and be used as parking area, drive aisles and sidewalks, as shown on Exhibit "A-]", for the non-exclusive beneft af the Premises. No temporary or permanent structures are permitted within the Pratected Area other than light poles, curbing; a�purtenant Ia�dscaping isia�ids, traffic signs and the existing pylon sign. No staging of materials or vehicles is permitted in the Protected Area except by Landlord or Tenant or their respective contractors during initial construction. No portio� of the Protected Ar�a shall bE used for any promational, public, quasi-public, philanthropic, carnival, festival or any similar acti�ities. (ii) The Protected Area shall not be modifed or reduced without Tenant's prior written consent, except as set forth in subsection (iv} belaw. (iii) Subject to the terms and conditions of the Declaration of Restrictions and Grant of Easements dated March 11, 1999 and recorded on June 24, 1999 as Docurnent No. 99-]0637b; as arnended, and that certain Declaration of :Reciprocal .Easements, Covenants and Restrictions dated and recorded on as Document No. , no partion of the Protected Area shall be designated or reserved for the exclusive use of any occupa�t of the Parcej or Center or any other person, nor shall the Profected Area be the designated "e�nployee �arking area" for occupants of the Center; the foregoing is not intended to prohibit employees from parki��g in the Protected Area, but to assure that the area is also/priraarily available for customers. (i�) Landlord sk�all have the right to temporariiy close portions of the Protected Area for a reasonable period of time as needed to {a) perfor�n repairs and/or mainte�ance, or {b) avoid a public dedication. To the extent such closures affect access to or parking for the Premises, then Landlord will pro�ide an alternative means of access or parking so that there shall at all timES be reasonable access between the Premises, the ba�ance of the Parcel and public roads, and accessible parking�vithin a reasonable proximity of the Premises. (v} The Protected Area shall be maintained in good condition and repair at all times. If Landlord fails to properly maintain and repair the Protected Area and such failure continues for 30 days follo�ving Landlard's receipt of written notice or if the time to cure requires greater t�an 30 days and Landlord has not commenced or is not otherwise diligently pursuing such repairs, then Tenant wil� have the right, but not the obligation, to perform such maintenance and/ar repair at Lar�dlord's expense, and Tenant shall have the right to pursue Landlord for collection of the reirribursement and if Landlord fails to pay such amounts after 30 days notice, then deduct such reasonable costs frorn any amounts awed by Tenant to Landlord. Said deduction/offset not to exceed more than 25% of any monthly payment of Annual Rent; provided such time remains in the Term at the time of offset as to permit fu�l reco�ery by Tenant. (vi) Tenant and its employees shall park their motor �ehicIes only �vithin the parking area designated for employee parking, provided such areas are reasanably proximate to the Premises and are kept well- � lit during the periads the Protected Areas ��st be kept lit as set forth in the Lease. Upon request and subject ta any rights of pri�acy of Tenant's em�loyees Tenant shall endeavor to pro�ide Landiord the state autornobile license numbers assigned to the �ehicles of Tenant's employees within five (5) days fallo��ing Tenant's opening for business in the Premises, C.and9ard may enforce any such parking rights against said employees and may attach violation stickers or notices to the vehicles and fia�e the vehicles removed at the vehicle owner's expense. C. Prohibited Uses. No portion af the Parcel may be used for any use listed on Exhibit"C" attached I hereta and incorporated herein by reference. These covenants will run ��ith the Iand and shall automaticatly terminate upan expiration or earlier termination of�he Lease. 2 G:ILEGA�,ILEASES1Grand]sland,NE(QG}- ]OG00171Memo Of Lease Olive Garden Re�ised V2.Doc