201502911 - Laserfiche WebLink

Browse

' ��15��911 i . � � � . , . . � def��ery facility, wheth�r or n�t a pharmac�st �s pres�nt at such facil�ty, or for any otner � purpose �equiring a qualified pharmacist or �th�r pers�n autharized by �aw ta dispens� � medicinal drugs, direct�y or indirectly, for a fee or remuneration �f any kind; provided, � however, the foregoing restrE�tions as they apply ta the sale or dispensing �f inedicinal � drugs shai� not apply t� doctors, dentists, �eterinarians or chirapractors wha pr��ide ' sample doses �f inedicinal drugs to their patients during offic� �isits, with�ut a fee or � remun��ation of any kind; �ii} the �peration of a medica� d�agnostic lab or the provision � � of treatrr�en� services �oth�r than as part of a medi�al, dental, physi��an, surgical �r chi�ropracti� �ffice�s], which office�s] shall not b� r�strict�d by this su�clause �ii}}; �iii} the sale of s�-called health and b�auty a�ds �r drug sundries ��xclud�ng the incidental sale ` �as defin�d below} of su�h items}; �iv} the aperati�n of a business in which photofinishing servic�s ��ncluding, w�thout limitat�on, digital ph�to�raphic processing or � print�r�g, or the sale �f any ather ima�ing s�rvice�, pro��ss�s or g�ods} or photographic � f��m are offered f�r sal� �excludtng the sale of photographic film, ar�dlor the pro�ision �f ; phot�finishing servic�s on a one-day or Ionger turnaround �asis, by a �us�ness primarily engaged in th� sa�e of cameras and camera equipment}; ��} the operation of a business in wh�ch greeting cards or gift wrap are� affer�d for sa�e �excluding the incidental retaii sa�e of greeting �ards}; ��i} the �peration of a bu�'rness in whi�h alc�holic be�erages shall be sold f�r consumpti�n �ff the premises; andlor �v�i} th� ; �perat�on of a business in whi�h prepackaged food items for off prem�ses consum�ti�n are offered for sa�� xc#uding th� incidenta� retail sal� of such items and any carry aut or dri�e-in restaurant, deli�atess�n, butcher, or fruit �r veg�table store}. In th� e�ent ; that Tenant fi�es suit against any par�y t� �nforc� the foregoing restrictions, Landlor� agrees to cooperate fu�iy with T�nant in the pr�secuti�n of any such suit, and reimburse Tenant for all �f the attorneys' fees and caurt costs incurred by Tenant in c�nnecti�n with su�h suit, notw�thstandin� its resoluti�n. For purpos�s h�reof "in�idental sales" shal� m�an the sa�e and display �f the subject prvducts in the �esser �f ten percent � ��D°/�} �f the sa�es area of the sub�ect premises �r on� hundred ��D�} square f�et of � floor area. For purp�ses �ereof "contiguous" shall mean property that is either � adj�inEng the L�ased Premises �r s�parated fr�m the Leased Pr�mis�s on�y by a publ�c � , _ � o r p ri vate st re et, a I I ey o r ri g ht-of-wa y. � � �b} In add�tion, Landl�rd shal� not permit �r suffer any other oc�upant of � Landlord's �rop�rty to use any prem�ses �r any portian thereof for purpases of a so- � called "dof�ar" or similar store which sells andlor ad�ertises the sa�e af any produ�ts � then also typically sold �n a Waigreens�drug stor� at a specifi� price point or bel�w a spec�fic de�ply-discaunted price le�e! �e.g., a "d�llar" or "99¢" st�re}. � , � �c} N�tw�thstanding anything t� th� contrary En clauses �a} �r �b} abo�e, the � pr�visions �f clauses �a} and ��} abave �ea�h, a "Restricted Use"} shall not apply to �i] � any Landlard's Property that, on the dat� here�f, is �ither being used in a manner that wouid �iolate th� R�stricted Us� �r is su�ject to a lease that w�uld permit the ap�licable . tenant to engag� in a use that wou�d �iolate the Restr�cted Use; or �ii} any property � within fi�� hundred �5��} feet of th� Leased f'remis�s that is a�quired by Land��rd, d�r�ctly or �ndir�ctEy, after the date hereof as a part of a por�f�[io �r oth�r acquisition 3