|
<br />\ r',
<br />
<br />200608370
<br />
<br />radios and DVD or video machines); major household appliances (including, without limitation,
<br />refrigerators, freezers, stoves, microwave ovens, dishwashers, washers and dryers); personal
<br />computers and peripherals; computer software; car radios, stereos, tape decks or phones;
<br />entertainment software, including compact discs, music videos, DVDs and prerecorded tapes;
<br />accessories and connectors for products sold by Tenant (including, without limitation, cable
<br />connectors, surge protectors, cables, and wires); telephones, telecopy, facsimile and photocopy
<br />machines; photographic cameras or equipment; office equipment, furniture or supplies; and/or
<br />any substitutes for or items which are a technological evolution of the foregoing items without
<br />Tenant's prior written consent, which may be granted or withheld in Tenant's sole and absolute
<br />discretion. In addition to the foregoing, Tenant shall have the non-exclusive right to (a) sell
<br />gourmet and other food items in support of and incidental to the foregoing product categories,
<br />and (b) use up to ten percent (10%) of the Premises for a non-alcoholic beverage kiosk or bar,
<br />including seating area, with food, snack and bakery items incidental thereto. "Landlord", for
<br />purposes of Article 30 of the Lease, shall be defined to include Landlord, and (i) if Landlord is a
<br />corporation, its principal shareholders; or (ii) if Landlord is a partnership, its partners and any
<br />principal shareholders or partners of any partner which is a corporation or shareholder; or (iii) if
<br />Landlord is a trust, the beneficiaries of any such trust, including the principal shareholders or
<br />partners of any beneficiary which is a corporation or trust. In no event shall Tenant be bound by
<br />any exclusives granted after the date of the Lease by Landlord to any other party or occupant
<br />without Tenant's prior written consent, which may be granted or withheld in Tenant's sole and
<br />absolute discretion.
<br />
<br />Notwithstanding the foregoing, this provlSlon shall not be applicable to the "Radio
<br />Shack" premises, nor to the Electronics Boutique premises (in their present store size as of the
<br />date of execution of the Lease) nor to the following named anchor merchants, their successors
<br />and assigns: J.C. Penney, Dillards, Sears and Younkers. Provided further that if Landlord
<br />recovers control of the Radio Shack premises, and/or the anchor premises described above, then
<br />Tenant's Protected Products provisions above shall apply to any such premises. However, if
<br />Landlord replaces an anchor merchant with another single-user anchor merchant operating under
<br />a single trade name, which anchor merchant has a regional or national presence operating ten
<br />(10) or more stores under the same name as that used at the Shopping Center, then Tenant's
<br />Protected Products provisions shall not apply to the replacing anchor merchant.
<br />
<br />The Tenant's Protected Products provision shall not be applicable to those tenants or
<br />occupants specifically identified on Exhibit H of the Lease, nor their successors or assigns
<br />(collectively referred to in the Lease as "Excluded Merchants"). If Landlord recovers control of
<br />the Excluded Merchant's premises, then Tenant's Protected Products provisions shall apply to the
<br />Excluded Merchant's premises.
<br />
<br />The Tenant's Protected Products provision shall not be applicable to any tenant whose
<br />sale of the Tenant's Protected Products is only an incidental use of its premises, which incidental
<br />use is defined as the lesser of (i) five percent (5%) of the merchant's gross leasable area devoted
<br />to the sale or display of Protected Products, or (ii) five hundred (500) square feet.
<br />
<br />If Tenant (i) is not operating or allowing a consumer electronics store to operate in the
<br />Premises, and (ii) is not operating a consumer electronics store in the Grand Island, NE greater
<br />
<br />3
<br />
<br />(2070)
<br />MP2 15202184.1
<br />
|