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201501313
<br />any other purpose requiring a qualified pharmacist or other person authorized by
<br />law to dispense medicinal drugs, directly or indirectly, for a fee or remuneration
<br />of any kind; or (v) as a facility dispensing gasoline or petroleum products or as a
<br />convenience food mart, or combination of both; or (vi) as an establishment
<br />dispensing prescription drugs; or (vii) as a department store; or (viii) for the retail
<br />sale of pets (including but not limited to fish, birds, reptiles, dogs, cats and other
<br />small mammals), pet grooming, veterinary and other pet services, pet food, pet
<br />accessories and other pet products; or (ix) as an automobile or truck repair
<br />facility; or (x) as a thrift store or liquidation outlet; or (xi) as a coin operated
<br />laundry; or (xii) for the sale of electronic equipment and components; or (xiii) for
<br />the retail sale of health foods, vitamins or mineral supplements; or (xiv) for the
<br />sale, rental and/or distribution of video games and/or any substitutes for or items
<br />which are a technological evolution of video games; or (xv) for the operation of
<br />an open -stock branded footwear store such as Shoe Carnival or Famous Footwear;
<br />an open -stock branded footwear store shall mean a store of which twenty percent
<br />(20 %) of its sales area is devoted to the display and sale of open -stock branded
<br />footwear; or (xvi) for the operation of those casual dining restaurants with
<br />alcoholic beverage service now known as Ruby Tuesday's, Applebee's, TGI
<br />Friday's, Chili's, Houlihan's, Houston's, McGregor's, O'Charley's, Grady's or
<br />Spats; or (xvii) for the operation of a submarine sandwich store or shop of which
<br />more than twenty -five percent (25 %) of the gross sales from the store are
<br />represented by the sale of submarine sandwiches; or (xviii) as a home
<br />improvement center, such as Home Depot, Lowe's or Menard's, a hardware store
<br />such as Ace Hardware, or other retail store whose principal business is the sale of
<br />lumber, hardware items, plumbing supplies, electrical supplies, paint, wallpaper,
<br />carpeting, floor coverings, cabinets, siding, ceiling fans, gardening supplies,
<br />nursery products, major appliances, pool supplies, or Christmas trees, or for any
<br />outdoor garden center or greenhouse selling live plants, trees, shrubbery or other
<br />vegetation; or (xix) for the operation of a restaurant of which more than twenty
<br />percent (20 %) of the gross sales from the restaurant are represented by the sale of
<br />hamburgers or frozen desserts or treats, including, but not limited to, Burger King,
<br />McDonald's, Culvers, Wendy's, Dairy Queen, Hardee's, Arby's and Carl Juniors;
<br />or (xx) for the operation of a restaurant or bar with a sports theme or concept as a
<br />"Sports Bar "; a Sports Bar shall mean a restaurant and/or bar which has five (5) or
<br />more televisions, or any projection programming or broadcasting, or any screens
<br />that exceed 37" diagonal, and markets itself to the public for viewing of sporting
<br />events; or (xxi) for the operation of a restaurant or bar which serves bone -in or
<br />boneless chicken wings as 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
<br />Property to Owner, Owner agrees that it will construct a physical fitness/health
<br />club on the Property in compliance with this Agreement.
<br />B. Buildings and Site Improvements. The Property shall be
<br />developed under the following standards:
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