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AGREEMENT:
<br />201406587
<br />tenant under the DSG Lease, that the Declarant Parcel shall be held, transferred, sold, conveyed
<br />and occupied subject to the restrictions, covenants, servitudes and impositions hereinafter set
<br />forth, all upon the following terms and conditions:
<br />1. Exclusive Use. So long as the DSG Premises is operated as a Dick's Sporting
<br />Goods (or such other trade name as may be adopted by DSG) store [except for temporary
<br />closures not exceeding six (6) months due to fire or casualty, condemnation, a Force Majeure
<br />Event (as defined in the DSG Lease), assignment/subletting or repairs, remodeling and
<br />renovation], Declarant (on behalf of itself and its successors and assigns) declares that during the
<br />term of the DSG Lease that it has not and will not, nor will any entity under common control
<br />with Declarant, enter into any lease(s) or occupancy agreement(s) for premises situated in the
<br />Declarant Parcel, or otherwise transfer or allow a possessory interest in the Declarant Parcel to a
<br />tenant for the operation of a Big Box Sporting Goods Store (as hereinafter defined), provided,
<br />however, the foregoing shall not apply to any tenant of the Declarant Parcel whose lease was
<br />executed prior to the date hereof as shown on Exhibit C, their subtenants, successors and assigns
<br />(except to the extent that Declarant has the right in any such leases to approve any change in use,
<br />in which event this provision shall control). A "Big Box Sporting Goods Store" shall mean a
<br />full -line sporting goods store (such as, by way of example and not by way of limitation,
<br />Dunham's, Sports Authority, Academy, REI, Gander Mountain, Bass Pro Shops, Cabela's,
<br />Sports Chalet, Big 5 Sports, Scheel's, PGA Superstore and/or Golfsmith) occupying twenty -five
<br />thousand (25,000) or more square feet of space.
<br />2. Acceptance of Restrictions. Any owner, grantee, tenant or occupant shall be
<br />deemed, by the acceptance of the conveyance, deed, lease or occupancy agreement of said
<br />Declarant Parcel, or any portion thereof, or any other instrument conveying an interest in the
<br />Declarant Parcel, or delivery of possession thereof, to have accepted said portion of the
<br />Declarant Parcel and the ownership and/or possession thereof subject to all restrictions,
<br />covenants and conditions provided in this Declaration, and each and all of the restrictions,
<br />covenants and conditions contained herein are for the benefit of Declarant as well as the
<br />owner(s) of the Declarant Parcel, the owner(s) of the Shopping Center Parcels and the tenant
<br />under the DSG Lease.
<br />3. Declaration Runs with the Land. The covenants and restrictions under this
<br />Declaration shall constitute independent real covenants and shall run with the land and bind and
<br />burden the Declarant Parcel, Declarant (and its successors and assigns) and the future occupants
<br />of the Declarant Parcel, and shall inure to the benefit of and be enforceable only by Declarant
<br />and the owner(s) of the Declarant Parcel, the owner(s) of the Shopping Center Parcels and the
<br />tenant under the DSG Lease.
<br />4. Notices. Any notice or request required or permitted to be given under this
<br />Declaration shall be in writing and shall be deemed to have been given either upon actual receipt
<br />after personal delivery, or deposit in the United States mail, registered or certified mail, return
<br />receipt requested or upon actual receipt if sent via reputable overnight courier. All notices to
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