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99106376
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3/13/2012 6:13:50 PM
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10/20/2005 11:47:40 PM
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99106376
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} <br /> ,� al F� • <br /> 99 1063'76 <br /> instruction or any other operation catering primarily to students or trainees as opposed to <br /> customers. A discount eyecare store, such as LensCrafters or Pearle Vision, which sells eyewear <br /> and lenses to the general public and does not feature opthalmologist's services except as an <br /> incidental part of a retail operation, shall be considered retail in nature rather than an Office Use. <br /> (b) Special Use Restrictions. No part of the Shopping Center shall be used <br /> as a bar, tavern, or cocktail lounge; as a car wash, warehouse, animal kennel, mobile home park <br /> or trailer court; for the renting, leasing or selling of or displaying for the purpose of renting, <br /> leasing or selling of any boat, motor vehicle or trailer; or for industrial purposes; or for any <br /> bankruptcy sales or going out of business sales. Notwithstanding the foregoing, a bar shall be, <br /> allowed to operate incidentally to a restaurant operation, provided that the bar (including seating <br /> therefor, aisle space, and all bar facilities) shall not exceed either 25% of the Floor Area or 25% <br /> of the gross sales of such restaurant. The Consenting Owners shall be entitled to audit the books <br /> of any such restaurant, on two (2) days' notice and during business hours, to ensure compliance <br /> herewith. <br /> (c) Hotel. No part of the Shopping Center shall be used as a hotel or motel. <br /> (d) Adult Entertainment Store. No part of the Shopping Center shall be <br /> used as an adult entertainment store. As used herein, "adult entertainment store" shall mean a <br /> store which has, for sale or rental, as 10% or more of its Floor Area or 150 square feet of Floor <br /> Area, whichever is less, any combination of the following: (i) videos, movies, books, or <br /> magazines of a sexually-explicit or pornographic nature, not intended for general audiences; <br /> (ii) unrated movie videos of a sexually-explicit or pornographic nature, or movie videos with a <br /> rating of "NC-17" or higher, restricting persons under the age of 18 from purchasing or renting <br /> the same; (iii) clothing items of a sexually-oriented or explicit nature which would not be sold in <br /> stores whose customer base is family-oriented, such as Sears, J. C. Penney's, K-Mart, or other <br /> comparable department or family discount stores; or (iv) photographs, games, or other items of a <br /> sexually-explicit, pornographic, or erotic nature. <br /> Any store or department in the Shopping Center which offers for sale or rental the <br /> items listed in subparts (i) through (iv) of this Section 5.2(d) shall locate such items either behind <br /> the counter under the control of the retailer's employees, or in a separate room or area out of view <br /> from the general retail Floor Area (subject, however, to the Floor Area Restriction set forth in the <br /> previous paragraph) with access liinited to persons 18 years of age or older. No Owner or <br /> occupant shall display or advertise the existence, sale or rental of the adult entertainment items <br /> listed above, either in advertisements circulated to the public or in signs posted within the store; <br /> or place signs for such on the buildings in the Shopping Center. <br /> 20 <br />
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