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200501143 (c) The following use and occupancy restrictions shall be applicable to the Developer Tract and the Outlot Tracts: (i) No Restaurant shall be located on the Developer Tract within sixty feet (60') of the Building Area located on the Kohl's Tract; (ii) No Restaurant shall be located on the Developer Tract within two hundred feet (200') of the Building Area located on the Kohl's Tract if such Restaurant contains more than two thousand (2,000) square feet of FloorArea; and (iii) No retail operation in which more than twenty percent (20 %) of the Occupants' sales (based on dollar value) is derived from the sale of clothing commonly referred to as closeouts, manufacturer's overruns, other retailer's returned or excess inventory, manufacturer's seconds, or imperfect merchandise shall be permitted. The restrictions contained in this Section 7.1(c) shall not apply to an in -store cafe as an incidental use to a bookstore. (d) This OEA is not intended to, and does not, create or impose any obligation on a Party to operate, continuously operate, or cause to be operated a business or any particular business at the Shopping Center or on any Tract. 7.2 Use of Common Area. (a) No merchandise, equipment or services, including, but not limited to, vending machines, newspaper boxes or dispensers, pay phones, "drop boxes" for clothing or food and the like, promotional devices and similar items, shall be displayed, offered for sale or lease, or stored on the sidewalks in front of or alongside the Buildings or within the remainder of the Common Area without the prior written approval of the Approving Parties, which approval may be granted or withheld in their sole and absolute discretion; provided, however, that the foregoing prohibition shall not be applicable to the following: (i) the temporary storage of shopping carts in cart corrals; (ii) any recycling center required by law, the location of which shall be subject to the approval of the Approving Parties; (iii) trash enclosures designated on the SITE PLAN; (iv) Outdoor seating in compliance with applicable Laws; and (v) any Outside Sales Area designated on the SITE PLAN which may be permitted by applicable Laws. (b) Notwithstanding the foregoing, sidewalk displays and sales of merchandise, including without limitation, food sales and food bars on the sidewalks of the Shopping GALEGAL \STORES \NE \GRAND ISLAND \0EA4.WPD 11/16/04 23