Occupancy Permit - KRG Eddy Street Land II LLC

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Section 13. Notice. Any notice required or permitted to be given by either party of this License shall be in writing, and shall be deemed to have been given when: (a) delivered in person to the other party; or (b) received by national overnight delivery service, addressed as follows: If to Licensor: Kite Realty Eddy Street Garage, LLC c/o Kite Realty Group 30 South Meridian Street Suite 100 Indianapolis, Indiana 46204 Attn: Alfredo Alvarado, Associate Asset Manager If to Licensee: Barton Malow Company 26500 American .Drivc Southfield, Michigan 48034 Attn: Neal Morton, Sr. Project Director or to such other address as either panty shall specify to the other by notice given as provided above. Section 14. Hold Over. In the event that Licensee does not remove all of the Licensee Property from the Licensed Area on or prior to the termination of this License, Licensee shall pay Licensor, $150.00 for each day that Licensee fails to remove any such Licensee Property. In addition, upon the termination of this License, Licensee shall, at Licensee's sole cost and expense, remove all of the Licensee Property and failing to do so, Licensor may cause all of said Licensee Property to be removed at the expense of Licensee and Licensee hereby agrees to pay all costs and expenses thereby incurred. Any damage to the Licensed Area caused by such removal shall be repaired by Licensee. At Licensor's option, if Licensee fails to remove all of the Licensee Property on or before the termination of this License then any and all of the same may be deemed the property of Licensor. The provisions contained in this Section shall survive the termination of this License. Section 15. Assignment. Licensee shall not be permitted to assign the rights and obligations of this License without the prior written consent of Licensor. Any such assignment shall be considered void and of no further force and effect. Section 16. Miscellaneous. This License shall be construed and enforced in accordance with the internal laws of the State of Indiana. This License contains the complete agreement of the parties with respect to the subject matter hereof, and shall supersede any written instrument or oral agreement previously made or entered into by the parties hereto. The undersigned persons executing this License represent and certify that they are an authorized representative of their respective party and are fully empowered to execute and deliver this License on behalf of their respective party. All of the representations, warranties, covenants and indemnity obligations of the parties hereto shall survive the termination of this License. This License, and all the terms and provisions hereof, shall inure to the benefit of and be binding upon the parties hereto, their successors and permitted assigns. No amendment or modification to this License shall be effective unless the same is in writing and signed by both Licensor and Licensee. This License may be executed in counterparts, each of which shall be deemed an original, and all of which shall constitute one document. Faxed or electronic signatures of the parties upon this License shall have the same force and effect as original "ink" signatures. This License shall not be recorded, and shall not be construed to grant in Licensee any real property interest in the Licensed Area; rather, this License grants a right and license to Licensee which shall be deemed only a personal property right. [Signature page to follow.]