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used for any purpose or use which violates the provisions of the Declaration
<br />referred to in Section 1 of this Agreement, or for any of the following uses or
<br />purposes: (i) as a discount department store or other discount store; or (ii) as a
<br />supermarket or grocery store; or (iii) as a drug store; or (iv) as a pharmacy or
<br />prescription ordering, processing or delivery facility, whether or not a pharmacist
<br />is present at such facility, or for any other purpose requiring a qualified
<br />pharmacist or other person authorized by law to dispense medicinal drugs,
<br />directly or indirectly, for a fee or remuneration of any kind; or (v) as a facility
<br />dispensing gasoline or petroleum products or as a convenience food mart, or
<br />combination of both; or (vi) as an establishment dispensing prescription drugs; or
<br />(vii) as a department store; or (viii) for the retail sale of pets (including but not
<br />limited to fish, birds, reptiles, dogs, cats and other small mammals), pet grooming,
<br />veterinary and other pet services, pet food, pet accessories and other pet products;
<br />or (ix) as an automobile or truck repair facility; or (x) as a thrift store or
<br />liquidation outlet; or (xi) as a coin operated laundry; or (xii) for the sale of
<br />electronic equipment and components; or (xiii) for the retail sale of health foods,
<br />vitamins or mineral supplements; or (xiv) for the sale, rental and/or distribution of
<br />video games and/or any substitutes for or items which are a technological
<br />evolution of video games; or (xv) for the operation of an open -stock branded
<br />footwear store such as Shoe Carnival or Famous Footwear; an open -stock branded
<br />footwear store shall mean a store of which twenty percent (20 %) of its sales area
<br />is devoted to the display and sale of open -stock branded footwear; or (xvi) for the
<br />operation of those casual dining restaurants with alcoholic beverage service now
<br />known as Ruby Tuesday's, Applebee's, TGI Friday's, Chili's, Houlihan's,
<br />Houston's, McGregor's, O'Charley's, Grady's or Spats; or (xvii) for the operation
<br />of a submarine sandwich store or shop of which more than twenty -five percent
<br />(25 %) of the gross sales from the store are represented by the sale of submarine
<br />sandwiches; or (xviii) as a home improvement center, such as Home Depot,
<br />Lowe's or Menard's, a hardware store such as Ace Hardware, or other retail store
<br />whose principal business is the sale of lumber, hardware items, plumbing
<br />supplies, electrical supplies, paint, wallpaper, carpeting, floor coverings, cabinets,
<br />siding, ceiling fans, gardening supplies, nursery products, major appliances, pool
<br />supplies, or Christmas trees, or for any outdoor garden center or greenhouse
<br />selling live plants, trees, shrubbery or other vegetation; or (xix) for the operation
<br />of a restaurant of which more than twenty percent (20 %) of the gross sales from
<br />the restaurant are represented by the sale of hamburgers or frozen desserts or
<br />treats, including, but not limited to, Burger King, McDonald's, Culvers, Wendy's,
<br />Dairy Queen, Hardee's, Arby's and Carl Juniors; or (xx) for the operation of a
<br />restaurant or bar with a sports theme or concept as a "Sports Bar "; a Sports Bar
<br />shall mean a restaurant and/or bar which has five (5) or more televisions, or any
<br />projection programming or broadcasting, or any screens that exceed 37" diagonal,
<br />and markets itself to the public for viewing of sporting events; or (xxi) for the
<br />operation of a restaurant or bar which serves bone -in or boneless chicken wings as
<br />a menu item with two (2) or more types of sauces.
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<br />201504202
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