405 SE EVERETT MALL WAY 2018-01-02 MF Import

requirements hereof. In addition, Developer and Target shall not withhold approval of exterior remodeling or exterior reconstruction which does not either substantially enlarge an existing structure, or substantially change an existing structure. In no event shall Developer or Target require any other Party to utilize design standards superior to those utilized by the requiring Party in the construction of improvements on its Tract. Approval of Plans by Developer and 'Target shall not constitute assumption of responsibility for the accuracy, sufficiency, or propriety thereof, nor shall such approval constitute a representation or warranty that the Plans comply with applicable laws. No material deviation shall be made from the approved Plans. Notwithstanding anything contained herein, Developer acknowledges that it is familiar with the "Target retail store" located in Brooklyn Center, Minnesota and agrees that Target shall not be obligated to submit Plans with respect to such type of building, it being acknowledged, however, that the exterior finish material may differ from that of the Brooklyn Center stare. (C) Developer and Target hereby specifically consent to the placement of buildings along the common boundary line between the Target Tract and the Developer Tract, and each agrees to support any request by the other for a side -yard or setbacx variance if the same is required in order to accommodate su=h construction. (D) Developer acknowledges that Target intends to construct on the Target Tract a "Target retail store" which is generally classified under applicable building code regulation as an -20-