0001104659-04-025213 Sample Contracts

INDEMNIFICATION AGREEMENT
Indemnification Agreement • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Maryland

THIS INDEMNIFICATION AGREEMENT (this “Agreement”) is entered into as of August 16, 2004, by and among Kite Realty Group Trust, a Maryland real estate investment trust (the “Company”), Kite Realty Group, L.P., a Delaware limited partnership (the “Operating Partnership” and together with the Company, the “Indemnitors”), and John A. Kite (the “Indemnitee”).

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ALVIN E. KITE, JR. EMPLOYMENT AGREEMENT
Employment Agreement • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana

THIS EMPLOYMENT AGREEMENT (this “Agreement”) is dated as of August 16, 2004, by and between KITE REALTY GROUP TRUST, a Maryland real estate investment trust (the “Company”), and Alvin E. Kite, Jr. (the “Executive”).

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AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is entered into as of April 5, 2004 by and among Kite Realty Group Trust, a Maryland real estate investment trust (the “REIT”), KRG Construction, LLC, an Indiana limited liability company (the “Limited Liability Company”) and Kite Construction, Inc, an Indiana corporation (the “Acquired Company”).

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CONSULTING AGREEMENT
Consulting Agreement • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana

This CONSULTING AGREEMENT (this “Agreement”), is made and entered into as of August 16, 2004, by and between Kite Realty Group, L.P., a Delaware limited partnership (the “OP”), and Paul W. Kite (“Paul Kite”).

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ALVIN E. KITE, JR. NONCOMPETITION AGREEMENT
Noncompetition Agreement • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana

THIS NONCOMPETITION AGREEMENT (this “Agreement”) is entered into as of August 16, 2004 by and between Kite Realty Group Trust, a Maryland real estate investment trust (the “Company”) and Alvin E. Kite, Jr. (the “Executive”).

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OPTION AGREEMENT (Tarpon Springs Plaza)
Option Agreement • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana

THIS OPTION AGREEMENT (this “Agreement”) is made as of August 16, 2004 by and among, Kite Realty Group L.P., a Delaware limited partnership (“Kite Realty”), Brentwood Land Partners, LLC, a Delaware limited liability company (“Optionor”) and Alvin E. Kite, Jr., John A. Kite, Paul W. Kite and Thomas K. McGowan (each a “Member” and, collectively, the “Members”).

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REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Maryland

THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of August 16, 2004 by and among Kite Realty Group Trust, a Maryland real estate investment trust (the “Company”), Alvin E. Kite, Jr., John A. Kite, Paul W. Kite, Thomas K. McGowan, Daniel R. Sink, George F. McMannis, IV, Mark Jenkins, C. Kenneth Kite, David Grieve and KMI Holdings, LLC.

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OPTION AGREEMENT (126th Street & Meridian II Medical Complex)
Option Agreement • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana

THIS OPTION AGREEMENT (this “Agreement”) is made as of August 16, 2004 by and among, Kite Realty Group L.P., a Delaware limited partnership (“Kite Realty”), Kite 126th Street Medical II, LLC, an Indiana limited liability company (“Optionor”) and Alvin E. Kite, Jr., John A. Kite, Paul W. Kite and Thomas K. McGowan (each a “Member” and, collectively, the “Members”).

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AMENDMENT TO AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana

This AMENDMENT TO AGREEMENT AND PLAN OF MERGER (this “Amendment”) is entered into as of August 10, 2004 by and among Kite Realty Group Trust, a Maryland real estate investment trust (the “REIT”), KRG Development, LLC, an Indiana limited liability company (the “Limited Liability Company”) and Kite Development Corporation (the “Acquired Company”).

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OPTION AGREEMENT (Erskine Village)
Option Agreement • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana

THIS OPTION AGREEMENT (this “Agreement”) is made as of August 16, 2004 by and among, Kite Realty Group L.P., a Delaware limited partnership (“Kite Realty”), Kite South Bend, LLC, an Indiana limited liability company (“Optionor”) and Alvin E. Kite, Jr., John A. Kite, Paul W. Kite and Thomas K. McGowan (each a “Member” and, collectively, the “Members”).

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JOHN A. KITE EMPLOYMENT AGREEMENT
Kite Employment Agreement • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana

THIS EMPLOYMENT AGREEMENT (this “Agreement”) is dated as of August 16, 2004, by and between KITE REALTY GROUP TRUST, a Maryland real estate investment trust (the “Company”), and John A. Kite (the “Executive”).

Sample 1
AMENDMENT TO AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana

This AMENDMENT TO AGREEMENT AND PLAN OF MERGER (this “Amendment”) is entered into as of August 10, 2004 by and among Kite Realty Group Trust, a Maryland real estate investment trust (the “REIT”), KRG Realty Advisors, LLC, an Indiana limited liability company (the “Limited Liability Company”) and KMI Realty Advisors, Inc.(the “Acquired Company”).

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AMENDMENT TO AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana

This AMENDMENT TO AGREEMENT AND PLAN OF MERGER (this “Amendment”) is entered into as of August 10, 2004 by and among Kite Realty Group Trust, a Maryland real estate investment trust (the “REIT”), KRG Construction, LLC, an Indiana limited liability company (the “Limited Liability Company”) and Kite Construction, Inc. (the “Acquired Company”).

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DANIEL R. SINK EMPLOYMENT AGREEMENT
Daniel R. Sink Employment Agreement • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana

THIS EMPLOYMENT AGREEMENT (this “Agreement”) is dated as of August 16, 2004, by and between KITE REALTY GROUP TRUST, a Maryland real estate investment trust (the “Company”), and Daniel R. Sink (the “Executive”).

Sample 1
DANIEL R. SINK NONCOMPETITION AGREEMENT
Daniel R. Sink Noncompetition Agreement • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana

THIS NONCOMPETITION AGREEMENT (this “Agreement”) is entered into as of August 16, 2004 by and between Kite Realty Group Trust, a Maryland real estate investment trust (the “Company”) and Daniel R. Sink (the “Executive”).

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THOMAS K. MCGOWAN NONCOMPETITION AGREEMENT
McGowan Noncompetition Agreement • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana

THIS NONCOMPETITION AGREEMENT (this “Agreement”) is entered into as of August 16, 2004 by and between Kite Realty Group Trust, a Maryland real estate investment trust (the “Company”) and Thomas K. McGowan (the “Executive”).

Sample 1
JOHN A. KITE NONCOMPETITION AGREEMENT
Kite Noncompetition Agreement • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana

THIS NONCOMPETITION AGREEMENT (this “Agreement”) is entered into as of August 16, 2004 by and between Kite Realty Group Trust, a Maryland real estate investment trust (the “Company”) and John A. Kite (the “Executive”).

Sample 1
CONTRIBUTOR INDEMNITY AGREEMENT
Contributor Indemnity Agreement • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana

This Contributor Indemnity Agreement (the “Agreement”) is entered into as of August 16, 2004, by and among Kite Realty Group, L.P. a Delaware limited partnership (“Kite Realty”) and Alvin E. Kite, Jr., John A. Kite, Paul W. Kite, Thomas K. McGowan, Daniel R. Sink, George F. McMannis, IV, and Mark Jenkins (collectively, the “Indemnitees”).

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TAX PROTECTION AGREEMENT
Tax Protection Agreement • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Indiana

THIS TAX PROTECTION AGREEMENT (this “Agreement”) is made and entered into as of August 16, 2004 by and among KITE REALTY GROUP TRUST, a Maryland real estate investment trust (the “REIT”), KITE REALTY GROUP, L.P., a Delaware limited partnership (the “Partnership”), ALVIN E. KITE, JR., JOHN A. KITE, PAUL W. KITE, C. KENNETH KITE AND THOMAS K. MCGOWAN (each a “Protected Partner and collectively the “Protected Partners”).

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AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF KITE REALTY GROUP, L.P.
Agreement of Limited Partnership • August 20th, 2004 • Kite Realty Group Trust • Real estate investment trusts • Delaware

THIS AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP, dated as of August 16, 2004, is entered into by and among Kite Realty Group Trust, a Maryland real estate investment trust, as the General Partner, and the Persons whose names are set forth on the Partner Registry (as hereinafter defined) as Limited Partners, together with any other Persons who become Partners in the Partnership as provided herein.

Sample 1
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