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200807158 respect to the balance, or (c) reject such Plans, which approval by the Developer will not be unreasonably withheld, conditional or delayed provided such Plans are consistent with and reflective of the other provisions of this Agreement. In the event Developer has not notified Owner of either (a), (b) or (c) within such fifteen (15) day period, then Owner's Site Plan and Plans and Specifications shall be deemed approved as submitted by Owner. Notwithstanding anything to the contrary set forth in Section 3(C) below, Developer hereby indicates its approval of the Site Plan and the Plans and Specifications received by Developer on January 18, 2008 for the improvements to be constructed on the Property prepared by Olsson Associates and Davis Design (including the site plan, exterior elevations, signage, engineering and other plans a part thereof). 3. Restrictions. The Property shall be subject to the following restrictions which may be deleted or modified only with the prior consent of Developer which may be withheld in its sole discretion: A. Use of ProtJertv. The building constnlcted within the Property shall be used, initially as a Walgreens retail drug store not to exceed a gross floor area of sixteen thousand five hundred (16,500) square feet of gross floor area. Nothing contained herein, either expressly or by implication, shall be construed to obligate Owner or any tenant of the Property to open for business (other than for one (1) day as a fully staffed, fixtnrized and merchandised Walgreens drug store nor to obligate any tenant (or its successors or assigns) to occupy, operate or to continue to operate any business on the Property. The parties acmowledge the Property is subject to a Developer Rep"nrchase Agreement dated even date herewith by and between Developer and Owner pursuant to which Developer shall have the option to repurchase the Property in the event that Owner does not cause the substantial completion of a Walgreens Drug Store and open for business within twenty-four (24) months from the date hereof. B. Prohibited Uses. (i) Any use which emits or produces an obnoxious odor, noise, or other excessive or unreasonable sound which can. be heard or smelled outside of any building within the Property (the "Building"); (ii) Any operation primarily used as a storage warehouse operation and any assembling, manufacturing, distilling, refining, smelting, agricultural or mining operation; (iii) Any pawnshop, army surplus store, salvage store, or "second hand" store whose principal business is selling used merchandise, thrift shops, Salvation Army type stores and "goodwill" type stores; 2