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201701622
<br />primary use. This restriction shall not apply to (i) the premises leased to Dicks Sporting
<br />Goods, its subtenants, successors, assigns and any replacement tenant or tenants thereof, (ii)
<br />any tenant leasing space in the Shopping Center whose lease was executed prior to the date of
<br />this Lease and such tenants' subtenants, successors and assigns and any renewal, assignment
<br />or replacement of said lease or the premises occupied by such parties, (iii) any premises
<br />located on an outlot, and (iv) any premises containing more than 10,000 square feet. (Lease,
<br />Section 25.01)
<br />3. Dick's Sporting Goods [subject to the waiver from Dick's Sporting Goods attached
<br />hereto as Exhibit "K" hereof]
<br />Restrictions on Use of Shopping Center. Landlord agrees that during the term of
<br />this Lease and as long as any retail sales activity shall be conducted in the Demised Premises
<br />excluding interruptions (a) not exceeding one hundred eighty (180) consecutive days, or (b)
<br />due to initial construction of Tenant's Work, alterations (not to exceed sixty (60) days),
<br />restoration, casualty, condemnation and a Force Majeure Event, which shall be deemed to be
<br />the conduct of retail sales activity for purposes of this section, the Shopping Center shall not
<br />be used:
<br />(a) for any non - retail purposes (repairs, alterations, storage and offices incidental
<br />to retailing, and banks, small loan offices, real estate, tax preparation, brokerage, doctors,
<br />lawyers and other professional offices (collectively, "Retail Offices ") shall be deemed retail,
<br />provided, however, that Retail Offices shall not exceed, in the aggregate, ten percent (10 %) of
<br />the GLFA of the Shopping Center);
<br />(b) for any entertainment purposes such as a bowling alley, skating rink, bar
<br />(except in connection with a restaurant), night club, discotheque, amusement gallery, cinema,
<br />poolroom, health club (except that (i) a health club that occupies five thousand (5,000) or
<br />more square feet of GLFA shall be permitted as long as (A) it is located in the building
<br />identified as "Proposed RETAIL 63,445 SF" on the Lease Plan (the "Adjacent Building"
<br />and (B) the main customer entrance(s) to such health club are located on the side of the
<br />Adjacent Building facing Highway 281; or (ii) a health club concept that occupies five
<br />thousand (5,000) square feet or less such as Snap Fitness or Anytime Fitness shall be
<br />permitted), massage parlor (except that nationally or regionally recognized bona fide massage
<br />parlor concepts such as Massage Envy or Massage Luxe shall be permitted), sporting event,
<br />sports or game facility or off -track betting club;
<br />(c) for any establishment which sells or displays pornographic materials; provided,
<br />however, this shall not prohibit the sale of so -called "adult" magazines as an incidental part of
<br />a full -line book store similar to the operation of a Books -A- Million or Barnes & Noble;
<br />(d) for any establishment which sells or displays used merchandise or second hand
<br />goods, except that nationally recognized retailers such as Plato's Closet, Factory Card Outlet,
<br />Once Upon A Child, GameStop, Dollar Tree or Deals are permitted; or
<br />B -5
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