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. . 200509864 similar spaces adjacent to or abutting any racks, gondol.2, Q10~s{1ai~,40unters or other fixtures or equipment containing or used for the sale or display of the Protected Merchandise. Notwithstanding the foregoing, it is specifically understood and agreed that the exclusive use contained in this Paragraph 4(B) shall have no force or effect unless and until another occupant of more than five thousand (5,000) square feet within the Shopping Center (excluding Hy~ V ee, Inc., who's exclusive use clause, if any, shall not trigger Tenant's right to the foregoing exclusive use clause) is granted an exclusive use for all or any portion of its premises. (C) In addition to all other remedies available to Tenant at law and in equity for a breach of the covenants contained in Paragraphs (A) and (B) of this Paragraph 4, if an occupant or tenant in the Shopping Center engages in a Competing Use or a Prohibited Use, Tenant shall be entitled to any of the following remedies on a non~ exclusive basis: (i) Tenant may pay Alternate Rent (as defined in Section 4.7 of the lease) until such Competing Use or Prohibited Use ceases, except that Landlord shall have three (3) months to attempt cure before Tenant may pay Alternate Rent when Landlord has not consented to the Competing Use, (ii) Tenant may terminate this lease if the Competing Use or Prohibited Use continues for more than one hundred fifty (150) consecutive days by giving thirty (30) days notice to Landlord or (Hi) Tenant may seek injunctive reHefto enjoin or restrain such occupant or tenant from engaging in a Competing Use or a Prohibited Use. Notwithstanding anything to the contrary contained herein, so long as Landlord is using commercially reasonable efforts to diligently enforce the restrictions contained in this Paragraph 4 against any tenant or occupant engaged in the Competing Use or a Prohibited Use in violation ofits lease, Tenant's termination right under this Paragraph 4(C) shall be stayed. (D) The provisions of this Paragraphs 4(A) and 4(B) shall not apply with respect to (a) the premises identified as Kohl's on the Lease Plan, (b) the portion of the Shopping Center identified as Phase III, or (c) rights previously granted to tenants under leases existing as of the date hereof for only so long as such leases continue in full force and effect and only to the extent such leases permit such exclusive use without Landlord's consent. Landlord agrees not to amend any existing lease to permit the foregoing use, nor shall Landlord consent to the foregoing exclusive uses if Landlord's consent is required therefor. 7. It is understood and agreed that the only purpose of this Memorandum of Lease is to give notice of the Lease; it being distinctly understood and agreed that said Lease constitutes the entire lease and agreement between Landlord and Tenant with respect to the Demised Premises. The Lease contains additional rights, terms and conditions not enumerated in this instrument. This instrument is not intended to vary the terms of the Lease, including such rights, terms and conditions and in the event of any inconsistency between the provisions of this Memorandum of lease and the Lease, the provisions of the Lease shall control. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum pursuant to due authorization. WITNESSES AS TO BOTH: 281 & OLD POTASH LLC By its Manager, Edgemark Development LLC WITNESSES AS TO BOTH: THE TJX COMPANIES, INC. 'r1/- .- . flJ~ 4-,. I ~~ By ~ Donald G. C mpbell Senior Exec tive Vice President and Chief Administrative and Business Development Officer ~' By .',. "~-~.~- ..-IF. ~,..;.'~._,.,""'. ""'Ii!t."T~