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201705110 <br />(100') from the Demised Premises, shall be permitted), sporting event, sports or game facility, off -track <br />betting club, or (c) for any or the Prohibited Uses set forth in Schedule F to the Lease. No restaurants or <br />establishments selling food prepared on premises for consumption on or off premises shall be located <br />within one hundred feet (100') of the Demised Premises but this shall not preclude the sale of food for <br />consumption on or off premises within a grocery store in the Shopping Center or restaurants located on <br />the OUTPARCEL. (Collectively the uses described herein are referred to as the "Prohibited Uses ".) <br />(B) Landlord agrees that, from the date hereof until expiration of the term of this lease, no <br />other premises in the Shopping Center shall at any time contain more than fifteen thousand (15,000) <br />square feet of floor area therein used or occupied for, or devoted to, the sale or display of furnishings for <br />the home including the following categories of items: linens and domestics, window treatments, floor <br />coverings, bathroom items, bedding, furniture, wall decor, housewares, table top goods, glassware, <br />flatware, cookware, kitchen utensils, giftware and/or closet, shelving and storage items and home <br />accessories ( "homegoods "). The computation of such floor area shall include one half (1/2) of all floor <br />area in any aisles, corridors or similar spaces adjacent to or abutting any racks, gondolas, shelves, <br />cabinets, counters or other fixtures or equipment containing or used for the sale or display of homegoods <br />(all of the foregoing is hereinafter referred to as the "Exclusive Use" and the merchandise referred to <br />therein as the "Protected Merchandise "). <br />(C) The provisions of Paragraphs (A) and (B) shall not apply with respect to rights previously <br />granted to tenants or occupants under leases or agreements existing as of the date hereof (collectively <br />"Existing Leases ") for only so long as such Existing Leases, their successors and /or assigns continue in <br />full force and effect and only to the extent such Existing Leases permit or do not prohibit (provided, <br />however, if Landlord's consent is required for such use, Landlord shall not grant its consent) such <br />Prohibited Uses or the Exclusive Use. Landlord agrees not to amend any Existing Leases to permit the <br />Prohibited Uses or the Exclusive Use. Landlord warrants and represents that all of the Existing Leases <br />are listed on Schedule G attached to the Lease. <br />7. It is understood and agreed that the only purpose of this Memorandum of Lease is to <br />give notice of the Lease; it being distinctly understood and agreed that said Lease constitutes the <br />entire lease and agreement between Landlord and Tenant with respect to the Demised Premises. <br />The Lease contains additional rights, terms and conditions not enumerated in this instrument. <br />This instrument is not intended to vary the terms of the Lease, including such rights, terms and <br />conditions and in the event of any inconsistency between the provisions of this Memorandum of <br />Lease and the Lease, the provisions of the Lease shall control. <br />[Signatures on next page] <br />g:Uegal \pezzini\homegoods\ne \grand island \park island square \memo of lease \memo of lease.docx 3 <br />