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phases of the Shopping Center or any property within ten (10) miles of the Shopping Center owned, managed <br />and/or controlled by Landlord or any affiliate of Landlord (the "Radius Area ") except for (i) the right of nay <br />existing tenant whose existing lease for its premises within the Shopping Center or within the Radius Area <br />would permit such tenant to engage in such use, and (ii) incidental sales. Incidental sales shall mean the sale <br />or display for sale of such items or services, not as the primary use of the competing tenant and taking up no <br />more than two hundred fifty (250) square feet of such tenant's floor area, such 250 square foot area to include <br />one half (1/2) of adjacent aisle space). This covenant shall run with the land on which the Shopping Center is <br />located so long as the Premises are used as a retail pet food and supply store. Landlord agrees not to sell to, <br />lease to, nor approve any sublease or assignment of lease, or change in use, unless prevented by the terms of <br />any lease then currently in force and effect, for any competing tenant, sub - tenant, assignee or user. Landlord <br />agrees at its sole cost and expense to promptly and continuously enforce this non - competition covenant using <br />all reasonable legal means. <br />This Memorandum shall inure to the benefit of, and be binding upon, the parties hereto and their <br />respective heirs, representatives, successors and assigns. <br />IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum to be effective <br />as of the day and year first above written. <br />LANDLORD: <br />EIG GRAND ISLAND, LLC, <br />an Indiana li ' i - ' liability <br />TENANT: <br />By: <br />Name: <br />Its: <br />Date: <br />PETCO ANIMAL SUPPLIES STORES, INC., <br />a Delaware rporation <br />By: <br />Name: <br />Its: <br />OCT 1,Q 2013 <br />pa <br />ice sid eal Estate <br />Date: - /1 - 010 f� <br />2 <br />201308616 <br />