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<br />200807160
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<br />photofinishing services (including, without limitation, digital photographic processing qr
<br />printing, or the sale of any other imaging services, processes or goods) or photographic
<br />film are offered for sale; (vi) the operation of a business in which greeting cards or gift
<br />wrap are offered for sale, , and (vii) the operation of a business in which prepackaged
<br />food items for off premises consumption are offered for sale. In the event that Tenant
<br />files suit against any party to enforce the foregoing restrictions, Landlord agrees to
<br />cooperate fully with Tenant in the prosecution of any such suit, and reimburse Tenant
<br />for all of the attorneys' fees and court costs incurred by Tenant in connection with such
<br />suit, notwithstanding its resolution. For purposes hereof "contiguous" shall mean
<br />property that is either adjoining the Leased Premises or separated from the Leased
<br />Premises only by a public or private street, alley or right-of-way.
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<br />(b) In addition, Landlord shall not permit or suffer any other occupant of Landlord's
<br />Property to use any premises or any portion thereof for purposes of a cocktail lounge,
<br />bar, any other establishment that sells alcoholic beverages for on-premises
<br />consumption, disco, bowling alley, pool hall, billiard parlor, skating rink, roller rink./,
<br />amusement arcade, a theater of any kind, children's play or party facility, adult book
<br />store, adult theatre, adult amusement facility, any facility selling or displaying
<br />pornographic materials or having such displays, second hand store, odd lot, closeout or
<br />liquidation store, auction house, flea market, educational or training facility (including,
<br />without limitation, a beauty school, barber college, school or other facility catering
<br />primarily to students or trainees rather than customers), gymnasium, sport or health
<br />club or spa, blood bank, massage parlor, funeral home, sleeping quarters or lodging;
<br />the outdoor housing or raising of animals, the sale, leasing or storage of automobiles~
<br />boats or other vehicles, any industrial use (including, without limitation, any
<br />manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or
<br />processing, or other manufacturing uses), any mining or mineral exploration or
<br />development except by non-surface means, a carnival, amusement park or circus, an
<br />assembly hall, off track betting establishment, bingo hall, any use which may materially
<br />or adversely affect the water and sewer services supplied to the Leased Premises, car
<br />wash, any use involving the use, storage, disposal or handling of hazardous materials
<br />or underground storage tanks, a church, temple, synagogue, mosque, or other house of
<br />worship, any facility for the sale of paraphernalia for use with illicit drugs, office use, a
<br />restaurant or any use which creates a nuisance.
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<br />RIGHT OF FIRST REFUSAL
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<br />(a) In the event that Landlord shall receive a Bona Fide Offer to purchase the
<br />Leased Premises, or a portion thereof, at any time and from time to time on or after the
<br />date hereof and during the Initial Term and Term of this Lease or any extensions
<br />thereof from any person or entity, Landlord shall so notify Tenant (Attn.: Real Estate
<br />Law Department) together with a true and correct copy of said Bona Fide Offer. For
<br />p'urposes hereof, a "Bona Fide Offer" shall be deemed to be one made in writing by a
<br />person or entity that is not related to or affiliated with Landlord which Landlord intends
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