Circuit City 2009 Annual Report Download - page 78

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notary public services, laminating services and the sale of packing and general office supplies (collectively, “Incidental Business”), and for no
other use.
Provided Tenant is not in default of any of the terms and conditions of the Lease Agreement, Landlord agrees, during the term of this Lease
(subject to termination prior to the 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 is to provide the same products and services as outlined under
primary business of the Tenant contained in this Rider paragraph. Notwithstanding the above, existing Tenant and their respective successor or
assigns are specifically excluded from this provision of this Rider, R-1.
MARSHALLS
During the term of this lease, as the same may be extended, Landlord specifically agrees with Tenant as follows:
In recognition of the fact that the following types of operations would unduly burden to parking areas serving the demised premises and would
hamper the use of said parking areas by customers of Tenant, Landlord will not lease, sell, or otherwise permit any structure within the Shopping
Center to be used in whole or in part as a:
food supermarket (except within the premises shown and identified on the Site Plan as “Winn Dixie”); 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);
(a)
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);
(b)
theatre of any kind (except within the premises shown and identified on the Site Plan as “AMC Theatre 8-Plex;
(c)
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”);
(d)
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”);
(e)
amusement park;
(f)
carnival;
(g)
meeting hall;
(h)
bingo parlor (except within the premises shown and identified on the Site Plan as “West Side Amusement Bingo”);
(i)
“Disco” or other dance hall;
(j)
sporting event or other sports facility;
(k)
auditorium or any other like place of public assembly.
Notwithstanding anything to the contrary set forth above in subsection A of this Section 2, 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 in 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.
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 (except as
4
RREEF
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