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<br />200801983 <br /> <br />2. Plans. Prior to the commencement of any building or any other improvements on <br />the Property, Owner shall deliver to Developer or its designee (i) a Site Plan of the Property <br />depicting any building and all other improvements to be constructed on the Property (such <br />building and other improvements are referred to collectively as the "Project"); and (ii) <br />architecturally certified Plans and Specifications of the Project, including elevations of the <br />building, landscaping plans, and exterior signage drawings. Developer shall have a period of <br />fifteen (15) business days after receipt within which to review and either (a) approve, (b) <br />partially approve and suggest revisions with respect to the balance, or (c) reject such Plans, <br />which approval by the Developer will not be unreasonably withheld provided such Plans are <br />consistent with and reflective of the other provisions of this Agreement. <br /> <br />3. Restrictions. The Property shall be subject to the following restrictions which <br />may be deleted or modified only with the prior consent of Developer which may be withheld in <br />its sole discretion: <br /> <br />A. Use of Property. The building constructed within the Property <br />shall be used and operated initially as an office building not to exceed a gross <br />floor area of seven thousand three hundred (7,300) square feet of gross building <br />iloor area. The Property shall not be occupied or used (i) for any purpose or use <br />which violates the provisions of Article 2.10 and Article 3 of the Declaration, as <br />amended from time to time, and which Articles are incorporated herein by this <br />reference, which reference herein shall survive any revocation of the same, unless <br />Developer expressly permits such use in accordance with Article 3; or (ii) as a <br />discount department store or other discount store; or (iii) as a supermarket or <br />grocery store; or (iv) as a drug store; or (v) as a pharmacy; or (vi) as a facility <br />dispensing gasoline or petroleum products or as a convenience food mart, or <br />combination of both; or (vii) as an establishment dispensing prescription drugs; or <br />(viii) as a department store; or (ix) for the retail sale of pets (including but not <br />limited to fish, birds, reptiles, dogs, cats and other small mammals), pet grooming, <br />veterinary and other pet services, pet food, pet accessories and other pet products; <br />or (x) automobile or truck repair facility; or (xi) as a thrift store or liquidation <br />outlet; or (xii) as a coin operated laundry; or (xiii) sale of electronic equipment <br />and components; or (xiv) retail sale of health foods, vitamins or mineral <br />supplements; or (xv) sale, rental and/or distribution of prerecorded videocassettes, <br />video games (including without limitation CD-I), video tapes, video discs or <br />video software and/or any substitutes for or items which are a technological <br />evolution of the foregoing items; or (xvi) the operation of an open-stock branded <br />footwear store such as Shoe Carnival or Famous Footwear; an open-stock branded <br />footwear store shall mean a store of which twenty percent (20%) of its sales area <br />is devoted to the display and sale of open-stock branded footwear; or (xvii) the <br />operation of those casual dining restaurants with alcoholic beverage service now <br />known as Ruby Tuesday's, Applebee's, TGI Friday's, Chili's, Houlihan's, <br />Houston's, McGregor's, O'Charley's, Grady's or Spats; or (xviii) the operation of a <br />submarine sandwich store or shop of which more than twenty-five percent (25%) <br />of the gross sales from the store are represented by the sale of submarine <br />sandwiches; or (xvi v) as a home improvement center, such as Home Depot, <br /> <br />2 <br />