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<br />200509864
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<br />clause (4) immediately preceding to the contrary, if Landlord shall have done all that is necessary
<br />to obtain such certificate of occupancy as is therein referred to and shall be unable to obtain it
<br />solely because of construction work then still to be performed by Tenant then the date referred to
<br />in said clause (4) shall be deemed the date when Landlord shall have done all that is necessary to
<br />obtain such certificate as aforesaid; and
<br />
<br />(5) the sixtieth (60th) day after Landlord shall have installed or renovated the
<br />Monument Signs with a space for Tenant's identification panels thereon all as required by
<br />Paragraph 3 of Schedule B of the Lease;
<br />
<br />(6) the tenth (10th) day after completion of construction of or necessary repairs to the
<br />Common Areas (defined in Paragraph 2 of Schedule B of the Lease), excluding Common Areas
<br />to be located within Phase III; and
<br />
<br />(7) November 9,2005.
<br />
<br />Notwithstanding anything in the Lease contained to the contrary, if the Demised
<br />Premises shall be formally opened for business with customers prior to the Commencement Date
<br />determined as above provided, such date of formal opening shall be the Commencement Date.
<br />
<br />5. Duplicate of the originals of the Lease are in the possession of the Landlord and
<br />Tenant and reference should be made thereto with respect to any questions arising in connection
<br />therewith. The addresses for Landlord and Tenant are as follows:
<br />
<br />Landlord:
<br />
<br />2215 York Road
<br />Suite 503
<br />Oakbrook, IL 60523
<br />Attn: Edgemark Asset Management
<br />
<br />with a copy to:
<br />
<br />410 Seventeenth Street, Suite 1705
<br />Denver, Colorado 80202
<br />Attn: Brad A. McNealy
<br />
<br />Tenant:
<br />
<br />770 Cochituate Road
<br />Framingham, Massachusetts 01701
<br />Attn: Vice PresidentMReal Estate
<br />
<br />6. The Lease contains certain restrictions upon the remainder of the Shopping
<br />Center property described in Schedule A, as set forth in Schedule B of the Lease, including
<br />without limitation, the following:
<br />
<br />(A) Landlord agrees that the Shopping Center shall not be used (a) for any non.
<br />retail purposes (repairs, alterations and offices incidental to retailing, and banks and
<br />small loan offices, not being deemed non-retail), or (b) for any entertainment purposes
<br />such as a bowling alley, skating rink, cinema, bar, nightclub, discotheque, amusement
<br />gallery, poolroom, health club, massage parlor, sporting event, sports or game facility,
<br />off-track betting club (c) or for any establishment which sells or displays pornographic
<br />materials or (d) for any establishment which sells or displays used merchandise or
<br />second hand goods. No restaurants or establishments selling food prepared on premises
<br />for consumption on or off premises shall be located within two hundred (200) feet of any
<br />demising wall of the Demised Premises, except as incidental to an allowable retail use.
<br />(Collectively the uses described herein are referred to as the "Prohibited Uses").
<br />
<br />(B) Landlord agrees that, from the date hereof until expiration of the term of
<br />this lease, no other premises in the Shopping Center shall at any time contain more than
<br />(i) fifteen thousand (15,000) square feet of floor area therein used or occupied for, or
<br />devoted to, the sale or display of apparel and related accessories, and/or (ii) seven
<br />thousand five hundred (7,500) square feet of floor area therein used or occupied for, or
<br />devoted to the sale or display of shoes, footwear and related accessories, and/or (iii)
<br />fifteen thousand (15,000) square feet of floor area therein used or occupied for, or
<br />devoted to, the sale or display of furnishings for the home including the following
<br />categories of items: linens and domestics, window treatments, floor coverings, bathroom
<br />items, bedding, furniture, wall decor, housewares, table top goods, glassware, flatware,
<br />cookware, kitchen utensils, giftware and/or closet, shelving and storage items and home
<br />accessories (all of the foregoing hereinafter referred to as a "Competing Use" and the
<br />merchandise referred to therein as the "Protected Merchandise"). The computation of
<br />such floor area shall include one half (1 /2) of all floor area in any aisles, corridors or
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