CC PACKET 05252010 - Laserfiche WebLink

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r M the then Owner of the U.& Bank. Tract shall be aliovied to ( construct.. a new sign.on the U.S. Bank Tract. in substantially the same ,size, height and: location as the existing sign on the U.S. Bank Tract. (3) The name "Cub Foods" shall not be used to identify. any Tract or any other business or .trade conducted on any portion of. any Tract or any Tracts adjacent thereto except for the Cub Tract. (4) The naive "Wal-Mart" shall not be used to identify any Tract or any other business or trade conducted, on any portion of any Tract or any Tracts adjacent thereto except for the Wal-Mart Tract. e. N©tv+ithstanding the foregoing, no:.sigshalllle 1pcaiec} on any Tract unless they- comply with applicable gowi;n8n#al aut{torAty requirements..: f. The Shopping Center Pylon set forth in Section 10.2 of the Existing REA is hereby terminated, and the Developer agrees to remove the Shopping Center Pylon at its sole cost and expense and restore the area to landscaping of similar nature to the surrounding area. g. Nothing set forth in this Amended RE'A shall prohibit any Party from constructing signage on its Building advertising .the business conducted therein, subject to subsection e. above. 9. Indernnifncations/Insuran ce. a. Indemnification. Each Party ("Indemnifying Party") hereby indemnifies and agrees to save harmless each other Party ("Indemnified Party"), and its mortgagees from and against any and all liabilities', which (i) arise from or are in connection with the possession, use, occupation, management, repair, maintenance or control of Indemnifying Party's Tract, or any portion thereof; (ii) arise from or are in connection with any act or omission of Indemnifying Party, or its agents, employees, contractors, subtenants or any other party claiming by or through Indemnifying Party; or (iii) result :in injury to person or property or loss of life sustained in or about the Indemnifying Party's Tract, unless caused by the negligence, acts or omissions of another Party, its agents, contractors, employees, subtenants, or any other party claiming by or through another Party. Indemnifying Party shall defend any actions, suits and proceedings which may be brought against any Indemnified Party or its Mortgagee with respect to the foregoing or in which they may be impleaded. Indemnifying Party shall pay, satisfy and discharge any judgments, orders and decrees which may be recovered against Indemnified Party or its Mortgagee in connection with the foregoing. -23-