Circuit City 2009 Annual Report Download - page 76

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(exclusive outparcels) by any party other than Tenant. Subparagraph (ii) hereof shall not be construed to prohibit the construction and installation
of any ATM to which Landlord has heretofore given consent or to require any ATM already installed and in existence to be removed or
relocated.
COHEN’S OPTICAL
During the term of this Lease (as the same may be earlier terminated or extended), and so long as Tenant (including its successors and assigns if
and as herein permitted) is in possession of the demised premises and not in default (after the expiration of applicable cure periods), Landlord
agrees hereafter not to enter into any lease or suffer or permit the use or occupancy of any person or entity for mall space in the Shopping Center
with any tenant or occupant whose primary business (i.e., gross sales therefrom shall constitute more than 50% of the gross sales of such tenant’
s
or occupant’s business in such space at the Shopping Center) is the sale of prescription eyeglasses, contact lenses and/or sunglasses (“Prohibited
Items”). In no event shall any occupant or tenant perform eye examinations. Nothing contained herein shall prevent, restrict, impair or otherwise
affect any leases existing as of the date hereof; provided however that Landlord agrees not to enter into any modification of an existing lease for
such mall space in the Shopping Center in contravention of the foregoing provisions of this paragraph. Landlord represents and warrants that the
Optica USA Lease has been terminated and that Landlord will use commercially reasonable efforts to cause such Tenant to vacate its premises
on or before the opening date of Tenant. Landlord further represents that as of the date hereof Landlord has not entered into any lease with a
Tenant whose primary business is (a) the sale of the Prohibited Items or (b) the conducting of eye examinations. Landlord agrees that it shall use
commercially reasonable efforts to enforce such restrictive covenants against all tenants in the Shopping Center.
ELECTRONICS BOUTIQUE
EXCLUSIVE RIGHT: So long as no Event of Default (or event which with the notice and/or lapse of time could become an Event of Default)
has occurred under this Lease, Landlord agrees that it shall not, at any time during the Term of the Lease, enter into any lease of space in the
Shopping Center with any tenant whose primary business is the sale of hand-held game hardware, electronic board games, or video game
hardware and software. The term “primary business” as used in this Article, shall mean sales aggregating at least seventy percent (70%) of such
tenant’s gross sales. Any existing leases in the Shopping Center on the Commencement Date and any future leases to tenants leasing at least
7,500 square feet of space in the Shopping Center, including their respective renewal options, are not subject to the above-described exclusive
right. Landlord agrees it shall not lease space to “GameStop”.
FYE
Provided Tenant is not in default, Landlord agrees, during the term of this Lease (subject to termination prior to its expiration, if applicable), that
hereafter it shall not enter into a lease for space in the building of which the demised premises forms a part with any other tenant whose primary
business (i.e., occupying more than fifty (50%) percent of its gross leasable area and constituting more than fifty (50%) percent of its annual
gross sales) is the sale and display of pre-recorded music, including record albums, cassette tapes and compact discs. Except as expressly
aforesaid, there shall be no restrictions on Landlord’s right to lease space in the Shopping Center to any tenant and for whatever use Landlord
shall deem appropriate, in Landlord’s sole discretion. Nothing contained in this Rider Paragraph shall restrict Landlord’s ability freely to lease
space in the out parcels or any other portion of the Shopping Center, not a part of the building for which the demised premises forms a part.
GATEWAY
Landlord covenants and agrees that, during the Term, Tenant has the exclusive in the Shopping Center (or any property contiguous or adjacent to
the Shopping Center), owned
2
RREEF