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201002047 responsible to perform all of the obligations under the Declaration arising or accruing prior to the acquisition of the Property by the Owner, if any, imposed on the owner of the Property ar which are applicable to the Property. 2. Plans. Prior to the commencement of any building or any other improvements on the Property, Owner shall deliver to Developer or its designee (i) a Site Plan of the Property depicting any building and all other improvements to be constructed on the Property (such building and other improvements are referred to collectively as the "Project"); and (ii) architecturally certified Plans and Specifications of the Project, including elevations of the building, landscaping plans, and exterior signage drawings. Developer shall have a period of fifteen (15) business days after receipt within which to review and either (a) approve, (b) partially approve and suggest revisions with respect to the balance, or (c) reject such Plans, which approval by the Developer will not be unreasonably withheld provided such Plans are consistent with and reflective of the other provisions of this Agreement. 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 Property. The building constructed within the Property shall be used and operated initially as a retail building used exclusively to sell Verizon Wireless products and service Verizon Wireless cellular customers not to exceed a gross floor area of four thousand five hundred (4,500) square feet of gross building floor area. The initial use may include (a) the furnishing of wireless and/or wireline communications services (including, without limitation, voice, data, paging, text messaging, television, video, fiber optic cable and Internet access), and the sale and servicing of wireless and/or wireline communications equipment and related accessories; (b) the incidental sale of items containing the Verizon Wireless logo; (c) related general office and administrative uses; and (d) any services and items which are a technological evolution of any of the foregoing services, equipment and/or accessories. The Property shall not be occupied or used (i) for any purpose or use which violates the provisions of the Declaration referred to in Section 1 of this Agreement unless Developer expressly permits such use in accordance with the Declaration; or (ii) as a discount department store or other discount store; or (iii) as a supermarket or grocery stare; or (iv) as a drug store; or (v) as a pharmacy; or (vi) as a facility dispensing gasoline or petroleum products or as a convenience food mart, or combination of both; or (vii) as an establishment dispensing prescription drugs; or (viii) as a department store; or (ix) for the retail sale of pets (including but not limited to fish, birds, reptiles, dogs, cats and other small mammals), pet grooming, veterinary and other pet services, pet food, pet accessories and other pet products; or (x) as an automobile or truck repair facility; or (xi) as a thrift store or liquidation outlet; or (xii) as a coin operated laundry; or (x111) far the operation of an open-stack branded footwear store such as Shoe Carnival or Famous Footwear; an open-stock branded footwear store shall mean a store of which twenty percent (20%) of its sales area is devoted to the display and sale of open-stack branded 491389.5 2