Circuit City 2009 Annual Report Download - page 75

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Mall of the Americas
Exhibit C
Exclusives/Restrictive Covenants
attached to and made part of First Amendment to Lease bearing the Reference
Date of 9/5, 2003 between Keystone-Miami Property Holding Corp., as Landlord
and Tiger Direct, Inc., as Tenant and Systemax, Inc. as Guarantor.
“
Tenant hereby expressly acknowledges that the exclusive uses set forth below are in existence at the Shopping Center and have been previously
granted to other Tenants prior to the commencement of this lease. Licensee shall not violate and shall at all times herein, abide by and recognize
the exclusive uses set forth below or any other exclusives granted by Licensor, so long as such future exclusives do not impede or reduce the
uses granted Licensee herein. Should Licensor grant an exclusive that violates Licensee’s use clause, such exclusive, only to the extent that it
violates Licensee’s use clause, shall not be binding on Licensee”.
AMC
Landlord will not use any other premises or equipment owned or controlled by Landlord and located on the Entire Premises in such manner as
would result in any noise or vibration interfering with the acoustics required by Tenant in its use of Tenant’s Building, or as would result in any
offensive odors penetrating Tenant’s Building.
Landlord will not sell or permit to be sold video cassettes or discs or any candy or popcorn in or from any premises located within 150 feet from
any wall of Tenant’s Building or in from any part of the parking area or other Common Facilities located within the Restricted Area.
The foregoing limitation on sales from premises within 150 feet of Tenant’s Building shall not be applicable to the premises currently occupied
by the tenants doing business under the names of Woolworth, Waldenbooks or Judy’s Hallmark (“Unrestricted Tenants”)
during the continuance
of Landlord’s leases with each such Unrestricted Tenant.
CITIBANK
Provided that Tenant is not in default under any of the terms of this Lease, Landlord agrees, during the term of this Lease or any extensions
hereof, not to enter into any leases for space in the southern half of the Shopping Center, as now existing, as said southern half is depicted on
Exhibit “B” attached hereto and made part hereof, for use as a savings and loan institution or for banking services.
CITICORP SAVINGS ATM
Provided that the demised premises are used solely for a drive-through ATM and Tenant is not in default under this Lease, Landlord agrees that
during the entire term of this Lease (i) it shall not enter into any lease, ground lease or sale agreement with any bank, savings and loan
association or similar financial institution for any outparcels located in the southern one-half of the Shopping Center as now existing or hereafter
altered and developed, to be used as a free standing banking or ATM facility; and (ii) it shall not agree or permit an ATM facility to be installed
in the Shopping Center buildings
1
AMC
Kay Bee Toys
Citibank
Mail Boxes, Etc.
Citicorp ATM
Marshalls
Cohen
’
s Fashion Optical
Pizza USA
Electronics Boutique
Subway
F.Y.E
TCI
Gateway
T.J. Maxx
Home Depot
RREEF