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201701622 <br />(i) Keep all Common Facilities open to the public with the entrances and <br />exits shown on Exhibit "A," and <br />(ii) Keep all Common Facilities adequately lighted and maintained in a clean, <br />uniform and orderly condition. <br />Landlord covenants and agrees it will not erect and maintain, or permit the erection and <br />maintenance of any shops, stalls, stands or kiosks in the Common Facilities within fifty (50) feet <br />of any part of the Demised Premises or any Protected Parking Area and will not permit any <br />selling in the Common Facilities within fifty (50) feet of any part of the Demised Premises or <br />any Protected Parking Area. Landlord further covenants and agrees: (i) to use commercially <br />reasonable efforts to restrict all occupants of the Shopping Center and their employees or any <br />non - customer from parking within Tenant's Protected Parking Area, (ii) to prevent commuter <br />parking in the parking areas, (iii) that no portions of the Common Facilities may be leased or <br />licensed in any way to third parties who are not occupants or tenants of the Shopping Center, and <br />(iv) not to charge a fee for use of the parking areas. <br />7. Restrictive Covenants. So long as Tenant, its successors, assigns or subtenants lease, <br />use or occupy any space in the Shopping Center, Landlord agrees that: (a) no covenant or <br />agreement made by Landlord or any predecessor in title with any other person or entity <br />restricting the use or occupancy of all or part of the Shopping Center shall be of any force or <br />effect against Tenant except as set forth in Exhibit `B" hereof; (b) no building or structure shall <br />be demolished nor shall any building or structure be hereafter erected or maintained on any part <br />of the Shopping Center except in an area with an existing building shown on Exhibit "A" <br />("Building Area ") or in an area designated as an "Outlot" on Exhibit "A" hereof; (c) no building <br />or other structure located on Outlot 1, Outlot 2 or Outlot 3 as shown on Exhibit "A" shall exceed <br />twenty -eight feet (28') [measured from the finished floor elevation of such Outlot to the top of <br />the roof of such Outlot], except that a single architectural element may be up to thirty -two feet <br />(32') in height [measured from the finished floor elevation of such Outlot to the top of such <br />architectural element] such architectural element not to exceed twenty -five percent (25 %) of the <br />linear feet of the building on such Outlot; and there shall only be one (1) building on each Outlot <br />and each Outlot must be entirely self - parked within the boundaries of such Outlot without <br />variance; (d) no portion of any Protected Parking Area, the Critical Areas or Critical Building <br />Facilities may be modified in more than a de minimis manner (including by way of example any <br />change in the configuration of the parking stalls, access to the Protected Parking Areas, <br />roadways, Common Facilities and other items included therein) without Tenant's consent, which <br />consent Tenant may grant or withhold in its sole and absolute discretion with respect to the <br />Protected Parking Area and which shall not be unreasonably withheld, conditioned or delayed <br />with respect to the Critical Areas and the Critical Building Facilities; (e) no places of public <br />assembly (e.g., movie theaters, bowling alleys, supermarkets, gymnasiums, fitness centers, and <br />the like) shall be erected or maintained in any part of the Shopping Center, except as shown on <br />Exhibit "A "; (f) no full service, sit -down restaurant in excess of four thousand (4,000) square <br />feet may be erected or maintained within 150 feet of the front entrance to the Demised Premises; <br />(g) no building, store or premises in the Shopping Center shall be leased, used or occupied as <br />3 <br />