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[BTS] Lease (Grand Island, NE) <br />201500247 <br />such leases to approve any change in use, in which event this provision shall control). The <br />foregoing restrictions are sometimes hereinafter collectively referred to as the "Precluded Use <br />Activity(ies)". <br />(b) Notwithstanding the foregoing Precluded Use Activity(ies) set forth in Subsection <br />(a)(i) above, any occupant of the Restricted Property may use its premises for the retail sale and/or <br />distribution of sporting goods and/or sporting equipment in the lesser of (i) five percent (5 %) in the <br />aggregate of any such occupant's sales floor area (which shall include an allocable portion of the <br />aisle space adjacent to such sales floor area of such use) or (ii) two thousand (2,000) square feet of <br />such occupant's sales floor area (which shall include an allocable portion of the aisle space adjacent <br />to such sales floor area of such use). Additionally, notwithstanding the foregoing Precluded Use <br />Activity(ies) set forth in Subsection (a)(i) above: <br />(A) one (1) open stock branded or non - branded family shoe store such as <br />Famous Footwear, Payless ShoeSource, DSW or Shoe Stop, shall be permitted on the <br />Restricted Property; and <br />(B) the restrictions set forth in Subsection (a)(i) above shall not apply to any <br />Major Store(s) (as hereinafter defined) that may be part of the Restricted Property. As used <br />herein, the term "Major Store(s)" shall mean any retailer operating in eighty thousand <br />(80,000) or more square feet of GLFA; provided, however, that sporting goods superstores <br />[such as, by way of example and not by way of limitation, Sports Authority, Bass Pro <br />Shops, Cabela's, Gander Mountain, Scheel's and Academy] shall not be considered a Major <br />Store for purposes of the foregoing and shall not be excluded from the restrictions set forth <br />in Subsection (a)(i) above. <br />This instrument is intended to be only a memorandum of lease in respect to the Lease, to <br />which Lease reference is made for the full agreement between the Parties. This Memorandum of <br />Lease is not intended to modify any term, provision or condition of the Lease and to the extent of <br />any conflict between this Memorandum and the Lease, the Lease will control. <br />This Memorandum of Lease is executed for the purpose of recordation in order to give <br />notice of all of the terms, provisions and conditions of the Lease and is not intended, and shall <br />not be construed, to define, limit or modify the Lease. <br />In addition to those terms referred to hereinabove, the Lease contains numerous other <br />terms, covenants and conditions which likewise affect not only the Demised Premises but also <br />the Shopping Center, and notice is hereby given that reference should be made to the Lease <br />directly with respect to the details of such terms, covenants and conditions. The Lease and <br />exhibits thereto are hereby incorporated by reference in this Memorandum of Lease and the <br />Parties hereby ratify and confirm the Lease as if said Lease were being re- executed by them and <br />recorded. In the event of any conflict between the provisions of this instrument and the Lease, <br />the provisions of the Lease shall control. <br />2 <br />