Circuit City 2009 Annual Report Download - page 121

GNC: Landlord shall not enter into any new leases with other tenants in the Shopping (excluding kiosks and pushcarts provided such kiosks
and pushcarts are not within the “Restricted Zone”
as indicated on Exhibit A attached hereto), which contain a use clause permitting the tenant to
conduct a business for the primary purpose of the sale of health foods, vitamins, mineral, and herbal supplements or sports nutrition supplements
(the “Restricted Business”), nor permit any tenant to conduct the Restricted Business in violation of such tenant’s use clause. “Primary purpose”
shall be defined as a store selling the aforesaid items within an area which occupies in excess of the lesser of: (a) ten percent (10%) of its floor
area or (b) 200 square feet of floor area.
Home Depot: Tenant shall at all times have the right to assign this Lease, or to sublet all or any portion of the Premises at its option provided
subsequent to such subletting or assignment. Tenant remains liable for the payment and performance of all Rent and other obligations of the
tenant required hereunder. Such assignee shall agree to be bound by the terms hereof and shall assume the obligations of Tenant hereunder in
writing. Tenant shall also have the right to mortgage, pledge or encumber this Lease, and any entry or foreclosure and sale by the mortgagee of
any such mortgage shall be a permitted assignment. Landlord shall provide all notices to be provided to Tenant
hereunder to any such mortgagee
and Landlord shall provide such mortgagee the opportunities to cure any defaults provided in Section 14.2 hereof.
Marshalls of Miami-Flagler, FL., Inc. d/b/a Marshalls : Landlord will not lease, sell, or otherwise permit any structure within the Shopping
Center to be used in whole or in part as a:
(a)
food supermarket (except within the premises shown and identified on the Site Plan as “Winn Dixie”);
(b)
restaurant (except within (i) the areas shown and identified on the Site Plan as “Food Court”, (ii) the accessory restaurants
currently operated within the premises shown and identified on the Site Plan as “Woolworth’s” and “Walgreen”, (iii) those
portions of the Shopping Center located outside of the “Prohibited Restaurant Area” shown on the Site Plan and (iv) the free-
standing structures shown on the Site Plan);
(c)
bar (unless such bar is included within permitted restaurant premises which derive at least fifty percent (50%) of their annual
gross revenues from the sale of food for on-premises consumption);
(d) theatre of any kind (except within the premises shown and identified on the Site Plan as “AMC Theatre 8-Plex”);
(e)
bowling alley (except within the premises shown and identified on the Site Plan as (i) “Winn Dixie”. “T.J. Maxx”. “Lurias”
or
(ii) the northerly forty thousand (40,000) square feet of the premises identified as “Home Depot”);
(f)
skating rink (except within the premises shown and identified on the Site Plan as (i) “Winn Dixie”, “T.J. Maxx”, “Lurias” or
(ii) the northerly forty thousand (40,000) square feet of the premises identified as “Home Depot”);
(g)
amusement park;
(h)
carnival;
(i)
meeting hall;
(j)
bingo parlor (except within the premises shown and identified on the Site Plan as “West Side Amusement Bingo”);
(k)
“disco” or other dance hall;
(I)
sporting event or other sports facility;
(m )
auditorium or any other like place of public assembly.
Landlord agrees that in no event will Landlord lease, sell or otherwise permit more than a total of thirty thousand (30,000) square feet of
floor area (exclusive of the areas identified on the Site Plan as “Food Court” and the free-standing structures shown on the Site Plan) to be used
for restaurant purposes within the Shopping Center nor, further, will Landlord lease, sell or otherwise permit any single restaurant operation
within the Shopping Center to occupy more than ten thousand (10,000) square feet of floor area. [Article IX, §2(A)]
Landlord agrees during the term of this lease that it will not lease, sell or otherwise permit any structure within the Shopping Center to
be used in whole or in part for any manufacturing operation; as a factory; for any industrial usage; as a warehouse; any establishment selling
cars, trailers or mobile homes; for the operation of a billiard parlor, amusement center (other than one such center consisting of no more than
seven thousand (7,000) square feet of floor area, provided the same is located outside of the areas shown and identified on the Site Plan as the
“Food Court” and the “Prohibited Restaurant Area”), flea market, massage parlor; for a so-called “off-track betting” operation (other than
operations having no direct access to their premises from the Mall); lottery ticket sales (unless located within areas of the Shopping Center
outside of the area identified on the Site Plan as “Food Court” and the area identified on the Site Plan as “Prohibited Restaurant Area”); for the
sale or display of pornographic materials; or for any other purpose which would be considered
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