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~oioo5433 From and after the date of Owner's acquisition of the Property, Owner and its successors and. assigns agree to assume and perform all of the obligations under the Declaration, if any, imposed on the owner of the Property or which are applicable to the Property. Developer shall be responsible to perform all of the obligations under the Declaration arising or accruing prior to the acquisition of the Properly by the Owner, if any, imposed on the owner of the Property or which are applicable to the Froperty. 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 Flans 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 Flans, which approval by the Developer will not be unreasonably withheld provided such Flans 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 Propertv. The building constructed within the Property shall be used and operated initially as a Freddy's Frozen Custard building with drive-thru capability not to exceed a gross floor area of Three Thousand Eight Hundred (3,800) square feet of grass building floor area. 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 I of this Agreement; or (ii) as a discount department store or other discount store; or (iii) as a supermarket or grocery store; 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 (xiii) far the sale of electronic equipment and components; or (xiv) for the retail sale of health foods, vitamins or mineral supplements; or (xv) for the sale, rental and/or distribution of prerecorded videocassettes, video games (including without limitation CD-1), video tapes, video discs or video software and/or any substitutes for or items which are a technological evolution of the foregoing items; or (xvi) for the operation of an open-stock 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-stock branded footwear; or (xvii) for the operation of those casual dining 2