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200807157 TERMS AND CONDITIONS In consideration of the foregoing Preliminary Statement, which by this reference is repeated and incorporated in this portion of this Declaration in its entirety, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Declarant hereby agrees as follows: 1. So long as a Walgreens, CVS, Rite Aid or other national or regional drug store is being operated within the Owner's Parcel (excluding periods of restoration or remodeling due to casualty, repairs, strike, alterations, temporary loss of licenses or other causes beyond the user's control), Declarant shall not lease, occupy or sell any part of the Subject Property to be used for the operation of a drug store or a so-called prescription pharmacy or prescription ordering, processing or delivery facility, whether or not a pharmacist is present at such facility, or for any other purpose requiring a qualified pharmacist or other person authorized by law to dispense medicinal drugs, directly or indirectly, for a fee or remuneration of any kind. In addition, Declarant shall not be considered in violation of this Paragraph 1 to the extent of a use by any tenant of the Eagle Run Shopping Center whose lease predates the execution of this Declaration and which existing lease does not require such tenant to abide by future use restrictions. To the extent that any existing lease requires approval to any change of use or assignment or sublease, and to the extent that Declarant or its affiliate may condition its consent upon the adherence of such change of use or assignment or sublease to any exclusive uses, Declarant or its affiliate shall withhold its consent to any such change of use or assignment of sublease that would violate this Paragraph 1. 2. In the event of a default hereunder by Declarant, Owner may institute an action against the Declarant for specific performance, declaratory or injunctive relief, or any other available equitable remedy. No remedy provided in this Declaration shall be exclusive, but each shall be cumulative with all other remedies specificaIly provided in this Declaration. 3. The prevailing party in any action to enforce any provision of this Declaration shaIl be entitled to receive from the other party the prevailing party's reasonable costs and expenses incurred in connection with such action including, without limitation, reasonable attorneys' fees and court costs. 4. No delay or omission of Owner in the exercise or enforcement of any right accruing upon any default by Declarant shall impair any such right to be construed to be a waiver thereof, and every such right may be exercised at any time during the continuance of such default. A waiver by Owner of a breach or a default of any other terms and conditions of this Declaration shall not be construed to be a waiver of any subsequent breach or default ofthe same or any other provisions of this Declaration. 5. Every notice, demand, consent, approval or other document or instrument required or permitted to be served upon or given to any party hereunder shall be in writing and shall be delivered in person or sent by nationally recognized overnight courier service or by registered or certified mail, postage prepaid, return receipt requested, to the following addresses: 2