121-10 Agreement

two (2) years commencing on the Effective Date and, unless terminated by Owner by written notice by Owner to Licensee given at any time during such term, shall thereafter continue for an additional two (2) years and shall thereafter naturally expire and conclude unless in writing further extended at that time. Notwithstanding anything else herein, Owner and Tenant each reserve the right to terminate the License earlier if necessary to effectuate or accommodate any structural changes or architectural corrections or alterations to the building comprised of the wall on which the Mural is to be installed or in cases of casualty or condemnation affecting the Shopping Center or portions thereof or the said building; provided, however, Owner shall not terminate the License absent written consent or written directions from Tenant to do so. 3. Approval of Mural. Owner hereby consents to the Mural as shown on the picture attached hereto as Exhibit “B”. During the term of this License, Licensee shall not make any alterations or additions to the Mural without the prior written consent of Owner and Tenant, which consent may be withheld in Owner’s and/or Tenant’s sole and absolute discretion. 4. Installation and Insurance. Licensee shall be solely responsible for negotiating and entering into the agreement with the artist (the “Artist”) for the Mural, and Owner shall have no responsibility or liability in connection therewith. Licensee shall be solely responsible for the acts of the Artist while on the Property. The Mural shall be installed and maintained at Licensee’s sole cost and expense. Licensee’s access to the Property and the Licensed Area is solely for the purpose of installing and maintaining the Mural in the Licensed Area, subject to advance notice to, and in coordination with, Owner’s Property management personnel and Tenant. Owner, Licensee and Tenant shall coordinate installation of the Mural in accordance with the requirements set forth on Exhibit “C” attached hereto. No portion of the Licensed Area shall be used for any other purposes than herein expressly permitted. Licensee’s use of the Licensed Area shall at all times be subject to any and all matters of record recorded in the records of appropriate governments in the area where the Property is located and to the reasonable rules and regulations of Tenant and Owner. Prior to

to any and all matters of record recorded in the records of appropriate governments in the area where the Property is located and to the reasonable rules and regulations of Tenant and Owner. Prior to and during the installation and any maintenance work on the Mural, and throughout the term of this Agreement, Licensee, the Artist, and each contractor utilized by Licensee and/or the Artist, shall obtain and maintain public liability and property damage insurance, with insurance companies approved to write such policies in New Jersey, which policies must be satisfactory to Owner and Tenant, shall name Owner and Tenant and any mortgagee or ground lessor of the land underlying the Property and the Property’s management company as additional insureds, provide that such policies may not be terminated, coverage reduced or polices not renewed, without thirty (30) days prior written notice to Owner and Tenant and the other additional insureds and in such amounts and coverages as herein provided or reasonably otherwise required by Owner and Tenant. Prior to the commencement of any installation and/or maintenance work, and upon execution and delivery of this Agreement, and each renewal and change of insurance, Licensee shall provide to Owner and Tenant, certificates of insurance evidencing its compliance with the foregoing requirements. The liability insurance required under this paragraph shall be commercial general liability insurance in an amount not less than One Million Dollars ($1,000,000.00) for bodily injury, personal injury or death of any one person and Two Million Dollars ($2,000,000.00) for more than one person and any one incident and the 16819942.2 2