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rainees rather than customers) , (xvi)
<br /> facility catering primarily to students or t gymnasium,
<br /> sport or health club or spa, (xvii) dairy store, (xviii) establishment which sells alcoholic
<br /> beverages for on- or off-premises consumption, except with the sale of food as provided
<br /> herein , or (xix) any other recreational or entertainment-type activity, such as arcades or
<br /> came parlors . Furthermore, notwithstanding any other provision contained herein to the
<br /> contrary, Landlord shall not operate or lease (or permit to be operated or leased) any
<br /> building, tenant space, or other area in the Shopping Center for the following uses .
<br /> 1 . Any use which involves the raising, breeding or keeping of any animals or
<br /> poultry.
<br /> 2 . Any dangerous or unsafe uses .
<br /> 3 . Any industrial uses , including, without limitation, any manufacturing,
<br /> smelting, rendering, brewing, refining, chemical manufacturing or processing, or other
<br /> manufacturing uses .
<br /> 4 . Any mining or mineral exploration or development except by non- surface
<br /> means .
<br /> 5 . Any use which may require water and sewer services in excess of the
<br /> capacities allocated to the Shopping Center by any governmental authority.
<br /> 6 . Any noxious or offensive activity which Tenant deems objectionable and
<br /> adverse to the preservation of property values of the Shopping Center.
<br /> 7 . Any religious use or use of any improvement in the Shopping Center, either
<br /> temporarily or permanently, as a church, temple, synagogue , mosque, or the like .
<br /> However, Landlord shall have the right to lease space to a Christian bookstore.
<br /> 8 . Any facility for the sale of paraphernalia for use with illegal drugs .
<br /> 9 . Any facility for the sale or display of pornographic material ( as determined
<br /> by community standards for the area in which the Shopping Center is located) .
<br /> 10 . Any use which violates any statute , rule, regulation, ordinance or other law of
<br /> any governmental entity, including but not limited to any statute, rule , regulation, ordinance
<br /> or other law concerning hazardous wastes or toxic substances and all flood plain, industrial
<br /> waste and other ordinances of the city or any other governmental body in which the
<br /> Shopping Center is located .
<br /> In the event Landlord violates the provisions of this Article S . C . , Tenant shall have the right,
<br /> at its sole option, to (i) terminate this Lease and/or (ii) institute appropriate actions in any
<br /> court of competent jurisdiction to obtain damages for Landlord' s breach and to enjoin
<br /> Landlord from violating the provisions hereof.
<br /> D . Tenant ' s Exclusive.
<br /> During the Lease Term, Landlord, its successors , assigns , representatives , heirs , any
<br /> person(s) or entity(ies) having a direct or indirect interest in Landlord, or any Wholly-
<br /> Owned Subsidiary or Affiliate of Landlord shall not sell , lease, rent, occupy, or permit to be
<br /> occupied any premises owned or controlled by Landlord or such other parties which are
<br /> within the Shopping Center or within one ( 1 ) mile (as measured on public or private roads)
<br /> of the Shopping Center, and which are to be used for a supermarket, convenience food store
<br /> or otherwise for the sale of, without limitation, ( 1 ) packaged or fresh seafood, meat or
<br /> poultry for off-premises consumption, (2) packaged or fresh produce or vegetables for off-
<br /> premises consumption, (3 ) packaged or fresh dairy products (excluding cone ice cream) for
<br /> off-premises consumption, (4) packaged or fresh bakery products for off-premises
<br /> consumption, (5 ) other grocery items , (6) tobacco or tobacco products , or (7) fresh flowers ,
<br /> floral arrangements , green and/or blooming plants , gift items and other floral merchandise,
<br /> bedding plants , tropical green plants , pumpkins during the Halloween season, or Christmas
<br /> trees during the Christmas season, or ( 8) beer, wine and package liquors for off-premises
<br /> consumption (except for beer, wine and package liquors sold by a governmentally- owned
<br /> facility) , or any of them ; provided, however, that these restrictions shall not apply to
<br /> premises owned or controlled by Landlord or the other parties described above if such
<br /> premises (i) are already used for the purposes stated herein at the time of execution of this
<br /> in writing to Tenant prior to the time of execution of this Lease, and
<br /> Lease, (ii) are disclosed
<br /> (iii) continue to be used for such purposes . In addition, Landlord shall not sell or otherwise
<br /> convey any such premises without imposing thereon a restriction to secure compliance
<br /> herewith, or permit any tenant or occupant of the Shopping Center or any part thereof to
<br /> sublet or assign in any manner, directly or indirectly, any part thereof to any person, firm or
<br /> corporation engaged in any such business described above , without the prior written consent
<br /> of Tenant, which consent may be withheld by Tenant in Tenant' s sole discretion .
<br /> Es Exceptions to Exclusive and Retail Uses .
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