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4 Changes to Landlord's Parcel.
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<br />(a) Protected Accessways. Except as may be required by law or in the case
<br />of a temporary emergency, Landlord will neither cause nor permit any material change in the size,
<br />location or configuration of the curb cuts (points of access), driveways, drive aisles or service drives
<br />identified as the "Protected Accessways" on the Site Plan and as shown on Exhibit "A -1 ".
<br />(b) No Build Area. Landlord will not construct, or allow any other party to
<br />construct, any buildings on the Landlord's Parcel in the No Build Area as shown on the Site Plan.
<br />No buildings constructed in the Landlord's Parcel will exceed one story in height.
<br />(c) Declarations. Landlord will not terminate or agree to any termination of
<br />the Declarations, or make or agree to any change to the Declarations that would materially and
<br />adversely affect Tenant's rights or obligations under this Lease (e.g., changes to the maximum size
<br />of buildings, to the use restrictions, to access, or to any easements benefitting Landlord's Parcel)
<br />or that would materially impair Landlord's rights and benefits under the Declarations without
<br />obtaining Tenant's prior written consent, which consent will not be unreasonably withheld,
<br />conditioned or delayed. As used herein, "Declarations" mean: Party Wall Agreement executed
<br />between Mid - Country Trading, LLC, Breslin Grand Island Associates and National Bank of
<br />Commerce Trust and Savings Association, dated September 23, 1999, filed in the Register of Deeds
<br />Office as Document No. 99- 109396; the Reciprocal Easement Agreement between Breslin Grand
<br />Island Associates, Mid - Country Trading, LLC, and National Bank of Commerce Trust and Savings
<br />Association, dated September 22, 1999, filed in the Register of Deeds Office as Document No. 99-
<br />109395; and the Subdivision Agreement for Park Island Square Fourth Subdivision, filed January
<br />28, 1999 Register of Deeds Office as Document No. 99- 101009.
<br />(d) Restricted Outlot. Landlord will not construct, or allow any other party to
<br />construct, any buildings on the "Restricted Outlot" shown on the Site Plan, that are larger than
<br />4,000 square feet of gross leasable area, or that are in excess of 27 feet in height plus architectural
<br />elements, which will not exceed an additional 4 feet in height. The Restricted Outlot must be "self -
<br />parked" and the number of parking spaces on the Restricted Outlot will never be less than 4 parking
<br />spaces per 1,000 square feet of gross leasable area for general retail. No restaurants (sit down, fast
<br />casual or fast food) or other business selling food or liquor will be permitted on the Restricted
<br />Outlot.
<br />(e) Truck Access. Landlord represents and warrants to Tenant that
<br />throughout the Term of the Lease, Tenant will have the right to use the adjoining parcel for truck
<br />ingress and egress to the Premises as shown on Exhibit "A -2" (the "Truck Access Area ").
<br />5. Prohibited Uses. Neither Tenant nor its subtenants, assignees, licensees or
<br />concessionaires will use or lease (or permit the use, lease or sublease of) the Premises or any portion
<br />thereof during the Term for any of the Prohibited Uses defined below. Neither Landlord nor any
<br />entity controlled by Landlord will use or lease (or permit the use, lease or sublease of) or sell any
<br />space in or portion of the Landlord's Parcel during the Term for any of the Prohibited Uses. As
<br />used herein, the "Prohibited Uses" means those uses prohibited on Exhibit "C" attached hereto.
<br />6. Exclusive Use. During the Term, no premises or space in, or portion of, the Landlord's
<br />Parcel, other than the Premises, will be used for (A) a grocery store, meat or seafood market,
<br />produce market, or natural or health food store, (B) the sale of vitamins or supplements, (C) the
<br />sale of natural cosmetics or natural health and beauty products, (D) the sale of packaged wine, beer
<br />or spirits for off - premises consumption, or (E) a full - service bakery or delicatessen ( "Tenant's
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