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201103730
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Last modified
5/19/2011 8:58:49 AM
Creation date
5/19/2011 8:58:48 AM
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DEEDS
Inst Number
201103730
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201103730 <br />4. - Landlord has agreed that the Shopping Center or any portion thereof wifl not be <br />used as or for the following: <br />(i) <br />(ii) <br />(iii) <br />(iv} <br />(v) <br />(vi) <br />(vii) <br />(viii) <br />(ix) <br />(x) <br />(xi) <br />(xii) <br />auditorium, meeting or banquet hall within 200 feet of the entrance <br />of the Premises; <br />church; bingo hall or a place of public assembly; <br />library or school, except that "Sylvan Learning Centers" or similar <br />learning centers sha11 be pernutted, so long as such uses, in the <br />aggregate, use no more than three thousand (3,000) square feet of <br />Gross Leasable Area; <br />for the sale or service of automobiles or other motor <br />vehicles(excluding the existing Sears anchor tenant, and vehicle <br />displays in the common areas of the 5hopping Center; <br />night club or bar serving alcoholic beverages except Unit C-48 <br />which is a pub, and except as incidental to a restaurant <br />("incidental" shall be defined as deriving less than 25% of gross <br />sales from the sale alcoholic beverages); or liquor or beverage <br />store; <br />fu.neral parlor; massage parlor, except that "day spas" shall be <br />permitted in the Shopping Center; <br />animal clinic or animal boarding (kennel), excluding a veterinarian <br />or dog grooming facility and only as part of a tenant whose <br />primary business is the retail sale of pets or veterinary services and <br />is commonly found in first-class shopping centers, provided, that <br />(a) overnight boarding (indoor only) of pets is limited to that which <br />is incidental to the operations of such tenant or occupant and not <br />offered to customers as a separate service and (b) the combined <br />veterinary and overnight boarding facilities occupy no more than <br />fifteen percent (15%) of the Crross Leasable Area of such tenant or <br />occupant; <br />discotheque; dance hall or otherwise for musicaUdance reviews or <br />topless/nude shows; gymnasium or health club, within 200 feet of <br />the Premises (provided, however, that this clause (viii) shall not <br />prohibit any health club facility containing fewer than 3,000 square <br />feet (such as Curves), any children's gymnasium (such as <br />Gymboree), any physical therapy center, or any specialty fitness <br />center, such as a dance studio <br />bowling a11ey; or skating rink; <br />car wash; <br />off-track betting establishment; <br />pool room, game room or amusement arcade [provided that Tenant <br />acknowledges tha.t the existing arcade location shall not be a <br />violation of this prohibition] (defined as any establishment <br />containing more than a combination of three electronic, pinball or <br />other games), gallery or store or pinball arcade, except that a video <br />game arcade or bowling alley shall be pernutted in the Shopping <br />Center provided that (A) such video game arcade or bowling alley <br />� <br />
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