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Exclusive Use "). Tenant's Exclusive Use will not apply to (1) the incidental sale of any of the identified merchandise by an occupant or tenant so long as the retail display space in such occupant or tenant's premises that is used for the display of such merchandise (including shelf space and allocable aisle space) is of a size not greater than the lesser of 500 square feet of gross leasable area or 10% of such occupant or tenant's total gross leasable area, or (2) the existing tenants in Landlord's Parcel set forth on Exhibit "I" of the Lease and such tenants' subtenants, successors and assigns and any renewal or assignment of said lease or the premises occupied by such parties; provided, however, that this exception will not apply if: Landlord permits or agrees to the change of a permitted use by any such tenant or its successors or assigns to a use that violates Tenant's Exclusive Use if Landlord has the right, by virtue of the provisions of the existing lease, to withhold such permission or agreement, or Landlord permits or agrees to an assignment or sublease of such existing lease to an assignee or subtenant who proposes to use the premises for a use that violates Tenant's Exclusive Use if Landlord has the right, by virtue of the provisions of the existing lease, to withhold such permission or agreement. Neither Landlord nor an affiliate of Landlord will lease or sell any property contiguous to (or separated solely by a road or right from) the Landlord's Parcel which is acquired after the Effective Date of the Lease by Landlord or an affiliate of Landlord for use as a full -line grocery store. For the purposes of this 18(e)(ii), an affiliate of Landlord is an entity which owns, is owned by, or is under common control with Landlord. In the event of a breach of this Section, Tenant will have the remedies set forth in Section 18(0 of the Lease. 7. Inquiries. Inquiries concerning the precise terms of the Lease may be made to: Landlord's Notice Address: Tenant's Notice Address: KM Grand Island Joint Venture, LLC Attention: Michael H. Staenberg 2127 Innerbelt Business Center Drive, Suite 310 St. Louis, MO 63114 Lakes Venture, LLC 2650 Warrenville Road, Suite 700 Downers Grove, Illinois 60515 Attention: Property Administrator (Store No. 906G1N) 8. Lease Controls. This Memorandum is for informational purposes only and nothing contained herein shall be deemed to in any way modify or otherwise affect any of the terms and conditions of the Lease, the terms of which are incorporated herein by reference. Any capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Lease. In the event of any inconsistency between the terms of the Lease and this instrument, the terms of the Lease shall prevail. 9. Successors and Assigns. The rights and obligations set forth herein shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. 3 201607569