Laserfiche WebLink
the then Owner of the U.S. Bank Tract shall be allowed to <br /> construct a new sign.on the U.S. Bank Tract in substantially the <br /> same-size, height and location as the existing sign on the U.S. <br /> Bank Tract. <br /> (3) The name "Cub Foods" shall not be used to identify any Tract or <br /> any other business or trade conducted on any portion of any Tract <br /> or any Tracts adjacent thereto except for the Cub Tract. <br /> (4) The name "Wal-Mart" shall not be used to identify any Tract or <br /> any other business or trade conducted on any portion of any Tract <br /> or any Tracts adjacent thereto except for the Wal-Mart Tract. <br /> e. Notwithstanding the foregoing, no signs shall be located on any Tract unless they <br /> comply with applicable governmental authority requirements. <br /> L The Shopping Center Pylon set forth in Section 10.2 of the Existing REA is <br /> hereby terminated, and the Developer agrees to remove the Shopping Center <br /> Pylon at its sole cost and expense and restore the area to landscaping of similar <br /> nature to the surrounding area. <br /> g. Nothing set forth in this Amended REA shall prohibit any Party from constructing <br /> signage on its Building advertising the business conducted therein, subject to <br /> subsection e. above. <br /> 9. Indemnifications/Insurance. <br /> a. Indemnification. Each Party ("Indemnifying Party") hereby indemnifies and <br /> agrees to save harmless each other Party ("Indemnified Party"), and its <br /> mortgagees from and against any and all liabilities, which (i) arise from or are in <br /> connection with the possession, use, occupation, management, repair, <br /> maintenance or control of Indemnifying Party's Tract, or any portion thereof; (ii) <br /> arise from or are in connection with any act or omission of Indemnifying Party, or <br /> its agents, employees, contractors, subtenants or any other party claiming by or <br /> through Indemnifying Party; or (iii)result .in injury to person or property or loss <br /> of life sustained in or about the Indemnifying Party's Tract, unless caused by the <br /> negligence, acts or omissions of another Party, its agents, contractors, employees, <br /> subtenants, or any other party claiming by or through another Party. <br /> Indemnifying Party shall defend any actions, suits and proceedings which may be <br /> brought against any Indemnified Party or its Mortgagee with respect to the <br /> foregoing or in which they may be impleaded. Indemnifying Party shall pay, <br /> satisfy and discharge any judgments, orders and decrees which may be recovered <br /> against Indemnified Party or its Mortgagee in connection with the foregoing. <br /> -23- <br />