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<br /> smoke shop or any other store the primary business of which is to sell tobacco products and/or
<br /> accessories.
<br /> (d) As an exception to 5.1(b), one (and only one) Pharmacy shall be allowed
<br /> in Phase 2, in conjunction with a business operation covering at least 65,000 square feet of Floor
<br /> Area; rop vided that the Floor Area (including aisle space) devoted to display and sale of
<br /> pharmaceutical products, i.e., to the Pharmacy, within such operation shall not exceed
<br /> 5,000 square feet. The party first opening a Pharmacy for business on any Parcel within Phase 2
<br /> shall be deemed to have the priority of right to operate a Pharmacy within Phase 2.
<br /> (e) The Restrictions set forth in Subsections 5.1(a), -(b), and -(c) above (other
<br /> ,
<br /> than the Restriction pertaining to a gas station or fuel service station) shall cease to be effective
<br /> if, at any time following Albertson's opening for business on Parcel 2, there ceases to be a
<br /> supermarket in operation on Parcel2 for a continuous period of twenty-four (24) consecutive
<br /> months (the "Closure Period"), which discontinuance of operations is not due to reasons of
<br /> remodel, reconstruction, acts of God, casualty, strikes, lockouts, labor difficulties, or other
<br /> circumstances customarily viewed as force majeure (separately or collectively, "Force Majeure
<br /> Reasons"); provided that if, following the end of the Closure Period, a supermarket opens on
<br /> Parcel2 prior to the opening of a supermarket on another Parcel, then the Restrictions of
<br /> Subsections 5.1(a), -(b), and -(c) shall be revived and shall once again become effective.
<br /> Furthermore, if following Albertson's opening of a fuel center on Parce126, there ceases to be a
<br /> fuel center or gas station in operation on Parce126 for a Closure Period, which discontinuance of
<br /> operations is not due to Force Majeure Reasons, the Restriction against a fuel center or gas
<br /> station in Subsection 5.1(b) shall cease to be effective; provided that such Restriction shall be
<br /> revived, and shall become effective again, if a fuel center or gas station opens again on Parce126
<br /> prior to the opening of a fuel center or gas station elsewhere in the Shopping Center.
<br /> 5.2 Genei•al Restrictions.
<br /> � (a) Retail Use Restrictions. No part of Parcels 1, 3 through 5, or 14
<br /> through 29 shall be used for any purpose other than for retail sales, retail services or restaurants.
<br /> No part of Parcels 1, 3 through 5, or 14 through 29 shall be used for an automotive maintenance
<br /> or repair facility (excep[ as allowed under Section 5.2[e]), a second hand or surplus store, or for
<br /> any entertainment or recreational facility or training or educational facility. For the purpose of
<br /> this Declaration, the pl�rase "entertainment or recreational facility" shall include, without
<br /> limitation, a theater, bowling alley, skating rink, gym, health spa or studio, dance hall, billiard or
<br /> pool hall, massage parlor, game parlor or video arcade (which shall be defined as any store
<br /> containing more thari four [4] electronic games). The phrase "training or educational facility"
<br /> shall include, without limitation, a beauty school, barber college, reading room, place of
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