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<br />215189v1A <br />Grocery Deadline. The “KPD ROW Work” is that part of the ROW Work that <br />includes the full access (right in/right out/left in/left out) traffic signal and <br />intersection/curb cut/entry apron adjacent to and leading into the KDP Parcel <br />which is located in Lexington Avenue and is labeled as the KDP ROW Work on <br />the Site Plan. For the avoidance of doubt, the KDP ROW Work (a) is only that <br />part of the ROW Work that falls in Lexington Avenue and is labeled as the KPD <br />ROW Work on the Site Plan, (b) does not include the deceleration lane, and (c) <br />includes the work necessary to install a temporary traffic signal. So long as KDP <br />has obtained a building permit for the work it will perform on the KDP Parcel, the <br />City acknowledges and agrees that KDP shall be responsible for obtaining all <br />necessary permits to perform the KDP ROW Work and the KDP ROW Work <br />shall be substantially consistent with the County. The KPD ROW Work shall be <br />performed by KDP in accordance with the plans and specifications generated by <br />the County. <br />5. RELATIONSHIP OF PARTIES. It is agreed that nothing contained in this <br />Agreement or any referenced document shall be deemed or construed as creating a partnership or <br />joint venture between the parties. <br /> 6. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and <br />inure to the benefit of the parties and their respective successors and assigns, including without <br />limitation, any and all future and present owners, tenants, occupants, licensee, mortgagee and <br />any other parties with any interest in the Property. Should the Developer convey any lot or lots <br />in the Project to a third party, the City and the owner of that lot or those lots may amend the <br />Master Plan or other city approvals for development or use of those lots without the approval or <br />consent of the Developer or other lot owners in the Project. Private agreements between the <br />owners of lots within the Project for shared service or access and related matters necessary for <br />the efficient use of the Project shall be the responsibility of the lot owners and shall not bind or <br />restrict City authority to approve applications from any lot owner in the Project. <br /> 7. LIMITATION OF LIABILITY. Notwithstanding anything in this Agreement <br />to the contrary, the liability of the Developer shall be limited to its ownership of the Property. <br />Upon sale or conveyance of any portion of the Property, the transferee shall be liable for all