Circuit City 2009 Annual Report Download - page 79

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incidental to an otherwise permitted use), processing or rendering plant; for any establishment selling cars (new or used) (provided, however,
that a new car showroom or leasing gallery for automobiles may be permitted within the areas shown and identified on the Site Plan as
“Permitted Showroom Areas”), trailers, mobiles 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 to be inconsistent with
the use of the Shopping Center as a community oriented retail shopping center.
Landlord agrees that the term of this lease it will not lease, sell or otherwise permit any portion of the Shopping Center to be used for office
purposes (other than incidental to a primary retail use) except within those areas which are currently used for office purposes and those areas
which are identified on the Site Plan as “Southern Bell” on the second floor of the Shopping Center. Similarly, Landlord agrees that during the
term of this lease it will not lease, sell or otherwise permit any portion of the Shopping Center to be used for medical offices other than those
premises currently so used and identified on the Site Plan as such.
Landlord permits any one occupant of the Shopping Center (or any affiliate of such occupant), other than Tenant, to use premises consisting of
more than twenty-seven thousand (27,000) square feet of floor area for the sale or display at discount prices of more than two of the following in
combination (i) brand-name men’s clothing, (ii) brand-name woman’s clothing, (iii) brand-name children’s clothing, (iv) brand-name shoes,
(v) brand-name giftware, or brand-name domestics, then minimum rent payable pursuant hereto shall be reduced to forty percent (40%) of the
amount provided for Section 1 of ARTICLE III, and such reduction in minimum rent shall remain effective for so long as such use continues.
PIZZA USA
During the term of this Lease (as the same may be earlier terminated or extended), Landlord agrees hereafter not to enter into any lease for in-
line (that is, space with an entrance directly into the enclosed Mall) space in the Shopping Center owned by Landlord with any tenant whose
permitted use includes the right to sell at retail cooked and prepared ready to eat hot pizza only; subject however to the following terms and
conditions including those relating to restaurants. In addition to the foregoing agreement whereby Landlord shall not enter into any lease,
Landlord further agrees not to enter into any modification of an existing lease for such in-line space as provided above in contravention of the
foregoing provisions of this Rider R-3. Nothing contained in this Rider R-3 shall limit, impair or otherwise affect (i) Landlord’
s leases, tenants or
the uses by such tenants under such leases existing on the date of this Lease, and extensions thereof or (ii) the space reserved for “majors” (i.e.
spaces containing 20,000 sq. ft. of gross leasable area or more), (iii) any space in or upon so-called “outparcels” of the Shopping Center (that is,
spaces which do not have entrances leading directly into the enclosed Mall, including parcels surrounded by or abutting portions of the common
areas which are exterior to the enclosed mall), or (iv) Landlord’s leases, tenants or their uses respecting the operation of a full service (eat in and
take out) restaurant, including an Italian restaurant, unless such restaurant’s “primary business” (hereafter defined) is comprised entirely of the
sale of cooked and prepared ready to eat hot pizza (for purpose of this sentence, “primary business” shall refer to such a restaurant where more
than fifteen (15%) percent of its gross sales are derived from the sale at retail of such cooked and prepared ready to eat hot pizza).
SUBWAY
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
5
RREEF