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(4) the tenth (10` day after Landlord shall have delivered to Tenant a current certificate
<br />of occupancy (or its equivalent depending on the jurisdiction) for the Demised Premises, if the same shall
<br />be issuable in accordance with local law or custom; and
<br />(5) the sixtieth (60'h) day after Landlord shall have made available the Pylon Sign
<br />(defined in the Lease) with a space for Tenant's identification panels thereon all as required by Paragraph
<br />3 of Schedule B of the Lease;
<br />(6) the sixtieth (60` day after Tenant's receipt of the necessary governmental permits
<br />and approvals for Tenant's exterior signs, as well as Tenant's identification panels on the Pylon Sign, all
<br />as provided in Section 9.2 and Paragraph 3 of Schedule B of the Lease; and
<br />(7) the tenth (10 day after completion of necessary repairs, if any, to the Common
<br />Areas (defined in Paragraph 2 of Schedule B to the Lease) within the Critical Area (defined in Schedule A
<br />of the Lease); and
<br />(8) May 19, 2018.
<br />An "Opening Day" shall be any Monday through Friday (except for legal holidays)
<br />between March 1 and the following May 20, and between August 1 and the following September 30.
<br />Notwithstanding anything in the Lease contained to the contrary, if the Demised
<br />Premises shall be opened for business with customers prior to the Commencement Date
<br />determined as above provided, such date of opening shall be the Commencement Date.
<br />5. Duplicate originals of the Lease are in the possession of the Landlord and Tenant and
<br />reference should be made thereto with respect to any questions arising in connection therewith.
<br />The addresses for Landlord and Tenant are as follows:
<br />Landlord:
<br />Tenant:
<br />g\legal \pezzini\homegoods\ne \grand island \park island square \memo of lease \memo of lease.docx
<br />201'705110
<br />KM Grand Island Joint Venture,
<br />LLC,
<br />2127 Innerbelt Business Center Drive,
<br />Suite 310
<br />St. Louis, Missouri 63114 Attention:
<br />Michael H. Staenberg,
<br />with a couv to:
<br />KM Grand Island Joint Venture, LC
<br />2127 Innerbelt Business Center Drive,
<br />Suite 310
<br />St. Louis, Missouri 63114
<br />Attention: General Counsel
<br />Homegoods, Inc.
<br />770 Cochituate Road
<br />Framingham, Massachusetts 01701
<br />Attn: Vice President -Real Estate
<br />6. The Lease contains certain restrictions upon the remainder of the Shopping Center
<br />property described in Schedule A, as set forth in Schedule B of the Lease, including without
<br />limitation, the following:
<br />(A) Landlord agrees that as long as any retail sales activity shall be conducted in the Demised
<br />Premises, the Shopping Center shall not be used (a) for any non - retail purposes (repairs, alterations and
<br />offices incidental to retailing, and banks and small loan offices, real estate offices, tax preparation offices,
<br />brokerage offices, law offices and dentist offices shall be deemed retail for purposes of this lease);
<br />provided, however, the spaces marked E and F on the Lease Plan may be used for administrative or
<br />general offices, storage or other non - retail purposes, subject to the Prohibited Uses in Schedule F to the
<br />Lease, or (b) for any entertainment purposes such as a bowling alley, skating rink, cinema, bar (except a
<br />bar incidental to a primary restaurant use is allowed in a location permitted by this lease so long as
<br />projected sales of beer, wine and alcohol are less than forty percent (40 %) of the projected gross sales for
<br />such establishment), nightclub, discotheque, amusement gallery, poolroom, health club (located less than
<br />one hundred feet (100') from the Demised Premises except that the existing Planet Fitness space located
<br />adjacent to the Demised Premises, its successors, assigns or a replacement health club shall be permitted
<br />so long as the size of said space shall not be increased [Landlord representing that said space currently
<br />contains 23,965 square feet of floor area]), massage parlor (except that a nationally or regionally
<br />recognized retail concept such as Massage Envy or Massage Luxe, located at least one hundred feet
<br />
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