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' , . a 99 1� �3�'� (b) Except as expressly allowed in Section 1(d), no part of Phase 3 shall be used for an operation involving the sale or offer for sale of any pharmaceutical products requiring the services of a registered pharmacist ("Pharmacy"); and no part of Phase 3 shall be used for a gas station or fuel service station. (c) No part of Phase 3 shall be used for industrial purposes. (d) The following shall be allowed as exceptions to the provisions of Subsections 1(a) and 1(b): (i) One (and only one) C-Store, not to exceed 5,000 square feet, shall be allowed in Phase 3; (ii) One (and only one) Pharmacy shall be allowed in Phase 3; provided that the floor area (including aisle space) devoted to display and sale of pharmaceutical products, i.e., to the Pharmacy, within such operation shall not exceed 5,000 square feet; (iii) One liquor store, not to exceed 5,000 square feet, shall be allowed in Phase 3; (iv) One gas station shall be allowed in Phase 3; and (v) In the case of any use allowed under Section 1(d)(i - iv), the party first opening a C-Store, Pharmacy, liquor store, or gas station for business on any Parcel in Phase 3 shall be deemed to have the priority of right to operate such business in Phase 3. (e) The restrictions ("Restrictions") set forth in Subsections 1(a) and 1(b) shall cease to be effective if, at any time following Albertson's opening for business on Parcel2, there ceases to be a supermarket in operation on Parcel2 for a continuous period of twenty-four(24) consecutive months, which discontinuance of operations is not due to reasons of remodel, reconstruction, acts of God, casualty, strikes, lockouts, labor difficulties, or other circumstances customarily viewed as force majeure; provided that if, following such 24-month discontinuance of supermarket operations, a supermarket opens on Parcel2 prior to the opening of a supermarket on Phase 3, then the Restrictions shall be revived and shall once again become effective against Phase 3. 2. Effect of Sale by Owner. If an Owner sells all or any portion of its interest in its building or Parcel, such Owner shall thereupon be released and discharged from any and all obligations as Owner in connection with the property sold by it arising under this Covenant after the sale and conveyance of title but shall remain liable for all obligations arising under this Covenant prior to the sale and conveyance of title. The new Owner of any such Parcel or any portion thereof (including, without limitation, any Owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all obligations arising under this 2