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information, and the temporary erection of one sign identifying <br /> each contractor working on a construction job. <br /> (2) In addition to the height restriction contained in Subsection 8.a. <br /> and 8.b. no*exterior free standing sign which is located on the U.S. <br /> Bank Tract, New Links Tract, or Erickson Tract, other than the <br /> Cub Pylon, shall be so high or so large that it materially obstructs <br /> the visibility of the building located on the Cub Tract. <br /> (3) The name "Cub Foods" shall not be used to identify the <br /> development or any other business or trade conducted on any <br /> portion of the development or any tracts adjacent thereto except for <br /> the Cub Tract. <br /> (4) The name "Wal-Mart" shall not be used to identify the <br /> development or any other business or trade conducted on any <br /> portion of the development or any tracts adjacent thereto except for <br /> the Wal-Mart Tract. <br /> e.. Notwithstanding the foregoing, no signs shall be located on any Tract in the <br /> Development unless they comply with applicable governmental authority <br /> requirements. <br /> f. The Shopping Center Pylon set forth in Section 10.2 of the existing REA is <br /> hereby terminated. <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 Indemnified Party or its mortgagee with respect to the foregoing <br /> or in which they may be impleaded. Indemnifying Party shall pay, satisfy and <br /> discharge any judgments, orders and decrees which may be recovered against <br /> Indemnified Party or its mortgagee in connection with the foregoing. <br /> -19- <br />