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201302679
<br /> pharmacist or other person authorized by law to dispense medicinal drugs,
<br /> directly or indirectly, for a fee or remuneration of any kind; or (v) as a facility
<br /> dispensing gasoline or petroleum products or as a convenience food mart, or
<br /> combination of both; or(vi) as an establishment dispensing prescription drugs; or
<br /> (vii) as a department store; or (viii) for the retail sale of pets (including but not
<br /> limited to fish, birds, reptiles, dogs, cats and other small mammals),pet grooming,
<br /> veterinary and other pet services, pet food, pet accessories and other pet products;
<br /> or (ix) as an automobile or truck repair facility; or (x) as a thrift store or
<br /> liquidation outlet; or (xi) as a coin operated laundry; or (xii) for the sale of
<br /> electronic equipment and components; or (xiii) for the retail sale of health foods,
<br /> vitamins or mineral supplements; or(xiv) for the sale, rental and/or distribution of
<br /> video games and/or any substitutes for or items which are a technological
<br /> evolution of video games; or (xv) for the operation of an open-stock branded
<br /> footwear store such as Shoe Carnival or Famous Footwear; an open-stock branded
<br /> footwear store shall mean a store of which twenty percent (20%) of its sales area
<br /> is devoted to the display and sale of open-stock branded footwear; or (xvi) for the
<br /> operation of those casual dining restaurants with alcoholic beverage service now
<br /> known as Ruby Tuesday's, Applebee's, TGI Friday's, Chili's, Houlihan's,
<br /> Houston's, McGregor's, O'Charley's, Grady's or Spats; or (xvii) for the operation
<br /> of a submarine sandwich store or shop of which more than twenty-five percent
<br /> (25%) of the gross sales from the store are represented by the sale of submarine
<br /> sandwiches; or (xviii) as a home improvement center, such as Home Depot,
<br /> Lowe's or Menard's, a hardware store such as Ace Hardware, or other retail store
<br /> whose principal business is the sale of lumber, hardware items, plumbing
<br /> supplies, electrical supplies, paint, wallpaper, carpeting, floor coverings, cabinets,
<br /> siding, ceiling fans, gardening supplies, nursery products, major appliances, pool
<br /> supplies, or Christmas trees, or for any outdoor garden center or greenhouse
<br /> selling live plants, trees, shrubbery or other vegetation; (xix) for the operation of
<br /> a restaurant of which more than twenty percent (20%) of the gross sales from the
<br /> restaurant are represented by the sale of hamburgers or frozen desserts or treats,
<br /> including, but not limited to, Burger King, McDonald's, Culvers, Wendy's, Dairy
<br /> Queen, Hardee's, Arby's and Carl Juniors; or(xx) for the operation of a restaurant
<br /> or bar with a sports theme or concept as a"Sports Bar"; a Sports Bar shall mean a
<br /> restaurant and/or bar which has five (5) or more televisions, or any projection
<br /> programming or broadcasting, or any screens that exceed 37" diagonal, and
<br /> markets itself to the public for viewing of sporting events; or (xxi) for the
<br /> operation of a restaurant or bar which serves bone-in or boneless chicken wings as
<br /> a menu item with two (2) or more types of sauces.
<br /> As an inducement to and in consideration for Developer's sale of the Property to Owner,
<br /> Owner agrees that it will construct initially a Panda Express restaurant with drive-thru capability
<br /> on the Property in compliance with this Agreement.
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