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96000 ?945 <br />(a) A Financial Institution, which is deemed to mean a bank, a <br />savings and loan association, a consumer credit union, industrial savings and loan, <br />or other entity whose primary business is dealing in cash, credit, deposits, <br />withdrawals, loans, financial planning, brokerage of stocks or bonds or related <br />money matters or similar operation which is (i) permanently staffed by at least <br />two employees; (ii) offers customary banking transactions; (iii) takes deposits of <br />any form from or on behalf of its customers; or (iv) includes at least one teller <br />line. Provided, however, that nothing herein shall be construed to prohibit Tenant <br />from permitting banking operations on the Leased Premises which relate to (i) <br />customers' purchases of groceries, gasoline, petroleum products or other items <br />sold by Tenant (or relate to any accommodation by Tenant of any reasonable <br />request by its customers for cash); (ii) coin counting or exchange operations; (iii) <br />installing and operating on the Leased Premises an ATM as an incidental part of <br />Tenant's business, or (iv) entering into an agreement to allow a third party to <br />install and operate on the Leased Premises an ATM as an incidental part of <br />Tenant's business; or (v) otherwise directly relate to Tenant's retail operations in <br />the Leased Premises (it being understood and agreed that such retail operations do <br />not include Financial Institutions). By way of example, but without limiting the <br />foregoing, Tenant shall have the right to install and offer (or permit third parties to <br />install and offer) machines and services which enable Tenant's customers to pay <br />for groceries, gasoline, petroleum products and other items sold by Tenant with <br />"point -of- sale" debit cards or credit cards. <br />(b) the operation any full service, family style restaurant that <br />features breakfast selections as an integral part of its menu selection such as, by <br />way of example only, an International House of Pancakes (IHOP), The Village <br />Inn, Sharis, Denny's, and Perkin's. <br />(c) A business whose principle business is the retail sale or <br />rental of electronic equipment and supplies, accessories and services, or any <br />substitution for, or items which are a technological evolution of the foregoing. By <br />way of example only, business such as those operating under the tradenames <br />"Radio Shack," "Ultimate Electronics," or "Circuit City" are the type of business <br />intended to be included within this restriction. <br />4.2 Tenant agrees not to injure, deface or otherwise harm the Leased <br />Premises or any part thereof; nor commit any nuisance; nor permit the emission of <br />any objectionable noise or odor, nor burn any trash or refuse within the Leased <br />Premises; nor make any use of the Leased Premises or of any part thereof or <br />equipment therein which is improper, offensive or contrary to any law or <br />ordinance, or which will invalidate or increase the cost of any of Landlord's <br />insurance over a standard mercantile rate for retail uses; nor use any advertising <br />medium which may constitute a nuisance, such as tape recorders, in a manner to <br />be heard outside the Premises; nor conduct any auction, fire, "going out of <br />business," bankruptcy or similar distress sales. <br />4.3 Tenant may install on or under the Leased Premises such trade <br />fixtures and equipment as Tenant deems desirable, and all of said items shall <br />remain Tenant's personal property whether or not affixed to the Leased Premises. <br />Tenant may remove such trade fixtures and equipment or other personal property <br />from the Leased Premises at any time but shall promptly repair any damage <br />caused by removal of such trade fixtures and equipment and shall restore the <br />Leased Premises to condition consistent with the remainder of the Shopping <br />Center, ordinary wear and tear excepted. <br />4.4 Tenant may store in the Leased Premises only such merchandise as <br />is to be offered for sale at the Leased Premises and shall store all trash and refuse <br />in appropriate enclosed containers within the Leased Premises and attend to the <br />disposal thereof, and shall receive and deliver goods and merchandise only in the <br />loading dock areas designated on the Site Plan. <br />2 <br />