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200316111
<br />for on- premises consumption exceeds thirty -five percent (35%) of the gross
<br />revenues of such business;
<br />(xv) any health spa, fitness center or workout facility;
<br />(xvi) any flea market, laser tag or virtual reality facility, amusement or
<br />video arcade, pool or billiard hall, car wash (except as an ancillary service of a
<br />combination convenience store /gasoline operation), or dance hall;
<br />(xvii) any training or educational facility, including, but not limited to,
<br />beauty schools, barber colleges, reading rooms, places of instruction or other
<br />operations catering primarily to students or trainees rather than to customers;
<br />provided, however, this prohibition shall not be applicable to on -site employee
<br />training by a Permittee incidental to the conduct of its business at the Shopping
<br />Center;
<br />(xviii) any gambling facility or operation, including, but not limited to:
<br />off -track or sports betting parlor; table games such as black jack or poker; slot
<br />machines, video poker/black-jack/keno machines or similar devices; or bingo
<br />hall (notwithstanding the foregoing, this prohibition shall not apply to
<br />governmental sponsored gambling activities, or charitable gambling activities,
<br />so long as such governmental and /or charitable activities are incidental to the
<br />business operation being conducted by the Permittee); and
<br />(xix) any general office facility; provided, however, the foregoing
<br />restriction shall not prohibit services oriented offices which may be found in
<br />retail shopping districts in the metropolitan area where the Shopping Center is
<br />located, including by way of description, but not limited to, medical, dental,
<br />chiropractic, financial institutions, stock brokerage and related financial
<br />services, travel, real estate, insurance and employment offices.
<br />3.1 Hazardous Materials. No Permittee shall use or permit the use of Hazardous
<br />Materials (as hereinafter defined) on, about, under or in its Parcel or the Shopping Center,
<br />except in the ordinary course of its usual business operations conducted thereon, and any such
<br />use shall at all times be in compliance with all Environmental Laws (as hereinafter defined).
<br />Each Party shall indemnify, protect, defend and hold harmless the other Permittees from and
<br />against all claims, suits, actions, demands, costs, damages and losses of any kind, including,
<br />but not limited to, costs of investigation, litigation and remedial response arising out of any
<br />Hazardous Material used or permitted to be used by such Permittee, whether or not in the
<br />ordinary course of business.
<br />For the purpose of this Section 3.1, the term (i) "Hazardous Materials" shall mean
<br />petroleum products, asbestos, polychlorinated biphenyls, radioactive materials and all other
<br />dangerous, toxic or hazardous pollutants, contaminants, chemicals, materials or substances
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