Common use of USES PROHIBITED Clause in Contracts

USES PROHIBITED. Tenant shall not use, or permit the Demised Premises, or any part thereof, to be used for any purpose or purposes other than the express purpose or purposes for which the Demised Premises are hereby leased pursuant to Section 1.11 hereinabove or carry on its business other than under the trade name designated in Section 1.4. No use shall be made or permitted to be made of the Demised Premises, nor acts done, which is obnoxious to, out of harmony with, or objectionable to the development or operation of the Demised Premises and/or adjoining properties, including, without limitation, the following prohibited activities, occurrences and uses: (i) no merchandise shall be displayed or sold outside the enclosed building areas on the Demised Premises; nor shall any use other than parking and landscaping, be made of any outside areas; (ii) no solicitation of any kind, distribution or handbills or other materials, parading, rallying, patrolling, picketing, demonstrating or similar conduct shall be permitted outside the enclosed building areas on the Demised Premises; (iii) no loudspeakers or other sound which may be heard or experienced outside the enclosed building areas on the Demised Premises and no nuisance, incineration, during on or adjacent to the Demised Premises, explosion, obnoxious odor or obnoxious noise shall be permitted; (iv) no auction, fire, bankruptcy, going out of business or similar sale shall be conducted or advertised; (v) nothing shall be done which shall be injurious to the Demised Premises or adjoining properties or unlawful or contrary to public policy or to a law, ordinance, regulation or requirement of any public authority, or would constitute an extra hazardous use, or would violate, suspend or void any policy of insurance required to be carried on the Demised Premises or which would increase the rate of insurance thereon; (vi) no use shall be made of the sidewalk area on the Demised Premises other than pedestrian movement; (vii) there shall not be permitted the use by the public, as such, of the Demised Premises or any part thereof without restriction or in such manner as might reasonably tend to impair the Landlord's title to the Demised Premises or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the public, as such, or of implied dedication of the Demised Premises or any part thereof; (viii) no act or omission of the Tenant shall permit any lien or encumbrance of any kind whatsoever to attach to the Demised Premises; (ix) no act or omission which would constitute a breach, or event which with passage of time, notice of either of them, would constitute a breach of any recorded documents; (x) no sale of any so-called "surplus" "Army and Navy," or "secondhand" goods or drug paraphernalia or "head-shop" goods, as those terms are generally used at this time and from time to time hereinafter, shall be conducted on or from the Demised Premises; and (xi) no use shall be made or permitted which conflicts with any recorded document or restrictive use covenant. Tenant shall not sell or permit to be kept, used, displayed or sold in or about the Demised Premises: (a) pornographic or sexually explicit books, magazines, literature, films or other printed material, sexual paraphernalia, or other material which would be considered lewd, obscene or licentious, (b) any use which may be prohibited by standard forms of fire insurance policies, or (c) any alcoholic beverages unless expressly permitted by Section 1.11 hereof. Tenant shall not use, or permit to be used, the Demised Premises, or any part thereof, for the installation or on-premises use of any vending machine, gaming machine or video or arcade game unless expressly permitted by this Lease. No use shall be made or permitted which conflicts with any recorded document. Tenant shall, at Tenant's sole cost, comply with any and all requirements, pertaining to the use of the Demised Premises, of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance, covering the building of which the Demised Premises are a part and appurtenances. In the event Tenant's use of the Demised Premises results in a rate increase for any building within the Shopping Center, or the parking and common areas, Tenant shall pay annually on the anniversary date of this Lease, as additional rent, a sum equal to that of the additional premium occasioned by said rate increase. Tenant shall not commit, or suffer to be committed, any waste upon the Demised Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant or occupant of the Shopping Center. Tenant shall not, without Landlord's prior written consent, display or sell merchandise outside the defined exterior walls and permanent doorways of the Demised Premises. Tenant shall not conduct or permit to be conducted any sale by auction in, upon or from the Demised Premises, whether said auction be voluntary, involuntary, pursuant to any assignment for the payment of creditors, or pursuant to any bankruptcy or other solvency proceeding nor display any "going out of business" or similar sign. Tenant shall not advertise, solicit business or give out literature or materials within the parking and common areas of the Shopping Center without Landlord's prior written consent.

USES PROHIBITED. Tenant shall not use, or permit the Demised Premises, or any part thereof, to be used for any purpose or purposes other than the express purpose or purposes for which the Demised Premises are hereby leased pursuant to Section 1.11 hereinabove or carry on its business other than under the trade name designated in Section 1.4. No use shall be made or permitted to be made of the Demised Premises, nor acts done, which is obnoxious to, out of harmony with, or objectionable to the development or operation of the Demised Premises and/or adjoining properties, including, without limitation, the following prohibited activities, occurrences and uses: (i) no merchandise shall be displayed or sold outside the enclosed building areas on the Demised Premises; nor shall any use other than parking and landscaping, be made of any outside areas; (ii) no solicitation of any kind, distribution or handbills or other materials, parading, rallying, patrolling, picketing, demonstrating or similar conduct shall be permitted outside the enclosed building areas on the Demised Premises; (iii) no loudspeakers or other sound which may be heard or experienced outside the enclosed building areas on the Demised Premises and no nuisance, incineration, during on or adjacent to the Demised Premises, explosion, obnoxious odor or obnoxious noise shall be permitted; (iv) no auction, fire, bankruptcy, going out of business or similar sale shall be conducted or advertised; (v) nothing shall be done which shall be injurious to the Demised Premises or adjoining properties or unlawful or contrary to public policy or to a law, ordinance, regulation or requirement of any public authority, or would constitute an extra hazardous use, or would violate, suspend or void any policy of insurance required to be carried on the Demised Premises or which would increase the rate of insurance thereon; (vi) no use shall be made of the sidewalk area on the Demised Premises other than pedestrian movement; (vii) there shall not be permitted the use by the public, as such, of the Demised Premises or any part thereof without restriction or in such manner as might reasonably tend to impair the Landlord's title to the Demised Premises or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the public, as such, or of implied dedication of the Demised Premises or any part thereof; (viii) no act or omission of the Tenant shall permit any lien or encumbrance of any kind whatsoever to attach to the Demised Premises; (ix) no act or omission which would constitute a breach, or event which with passage of time, notice of either of them, would constitute a breach of any recorded documents; (x) no sale of any so-called "surplus" "Army and Navy," or "secondhand" goods or drug paraphernalia or "head-shop" goods, as those terms are generally used at this time and from time to time hereinafter, shall be conducted on or from the Demised Premises; and (xi) no use shall be made or permitted which conflicts with any recorded document or restrictive use covenant. Tenant shall not sell or permit to be kept, used, displayed or sold in or about the Demised Premises: (a) pornographic or sexually explicit books, magazines, literature, films or other printed material, sexual paraphernalia, or other material which would be considered lewd, obscene or licentious, (b) any use which may be prohibited by standard forms of fire insurance policies, or (c) any alcoholic beverages unless expressly permitted by Section 1.11 hereof. Tenant shall not use, or permit to be used, the Demised Premises, or any part thereof, for the installation or on-premises use of any vending machine, gaming machine or video or arcade game unless expressly permitted by this Lease. No use shall be made or permitted which conflicts with any recorded document. Tenant shall, at Tenant's sole cost, comply with any and all requirements, pertaining to the use of the Demised Premises, of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance, covering the building of which the Demised Premises are a part and appurtenances. In the event Tenant's use of the Demised Premises results in a rate increase for any building within the Shopping Center, or the parking and common areas, Tenant shall pay annually on the anniversary date of this Lease, as additional rent, a sum equal to that of the additional premium occasioned by said rate increase. Tenant shall not commit, or suffer to be committed, any waste upon the Demised said Premises, or any nuisance nuisance, or other act or thing which may disturb the quiet enjoyment of any other tenant OF LANDLORD'S IN ANY BUILDINGS OWNED BY LANDLORD ADJACENT TO THE PREMISES or occupant of the Shopping Center. Tenant shall not, without Landlord's prior written consent, display or sell merchandise outside the defined exterior walls and permanent doorways of the Demised Premises. Tenant shall not conduct or permit to be conducted allow any sale by auction inupon the Premises, or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, or place any loads upon the floor, walls, or ceiling which endanger the structure, or use any machinery or apparatus OTHER THAN NORMAL OFFICE EQUIPMENT, EQUIPMENT NECESSARY FOR THE OPERATION OF TENANT'S BUSINESS AS CONTEMPLATED HEREBY, OR EQUIPMENT NECESSARY TO COMPLETE THE CONSTRUCTION OF ALTERATIONS TO THE PREMISES WHICH HAVE BEEN APPROVED BY THE LANDLORD, which will in any manner vibrate or shake the Premises or the Building of which it is a part. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature or any waste materials, refuse, scrap or debris shall be stored upon or from the Demised Premises, whether said auction be voluntary, involuntary, pursuant permitted to remain on any assignment for the payment of creditors, or pursuant to any bankruptcy or other solvency proceeding nor display any "going out of business" or similar sign. Tenant shall not advertise, solicit business or give out literature or materials within the parking and common areas portion of the Shopping Center without Landlord's prior written consentPremises VISIBLE outside of the Building proper. LANDLORD HEREBY WARRANTS AND ACKNOWLEDGES THAT TENANT'S PROPOSED USE OF THE PREMISES AS SET FORTH HEREIN WILL NOT BE IMPROPER, IMMORAL, UNLAWFUL, OR OBJECTIONABLE.

USES PROHIBITED. (a) Tenant further covenants and agrees that it will not use or suffer or permit any person or persons to use the Premises or any part thereof for conducting therein a secondhand store, auction, distress or fire sale, or bankruptcy or going out of business sale. During said term, Tenant shall keep the Premises and every part thereof in a clean and wholesome condition, free of any objectionable noises, odors or nuisances; all health and police regulations shall in all respects and at all times be fully complied with by Tenant. (b) Use of the roof of the Premises is reserved to Landlord. Tenant shall not do anything on the Premises that will cause damage to the building in which the Premises are located; the Premises shall not be overloaded; and no machinery, apparatus, or other appliance shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake the Premises or the premises of an adjacent tenant. Tenant shall not install, maintain, use, or allow in or upon the Premises any pinball machine, coin-operated music machine or other coin-operated amusement device of any kind or character. Tenant, upon request of Lxxxxxxx, shall immediately remove any pinball machine, coin-operated music machine or other coin-operated amusement device of any kind or character which Tenant has installed, maintained, used or allowed in or upon the Premises; if Tenant shall fail to do so, Landlord may reenter the Premises and remove the same at the expense of Tenant. (c) Tenant shall not do or permit anything to be done in or about the Demised PremisesPremises which will in any way obstruct or interfere with the rights of other tenants or occupants of the building of which the Premises may be a part or any other building in the Shopping Center, or any part thereof, injure or annoy them or use or allow the Premises to be used for any purpose unlawful or purposes other than the express purpose or purposes for which the Demised Premises are hereby leased pursuant to Section 1.11 hereinabove or carry on its business other than under the trade name designated in Section 1.4. No use shall be made or permitted to be made of the Demised Premisesobjectionable purpose, nor acts doneshall Tenant cause, which is obnoxious to, out of harmony with, maintain or objectionable to the development or operation of the Demised Premises and/or adjoining properties, including, without limitation, the following prohibited activities, occurrences and uses: (i) no merchandise shall be displayed or sold outside the enclosed building areas on the Demised Premises; nor shall any use other than parking and landscaping, be made of any outside areas; (ii) no solicitation of any kind, distribution or handbills or other materials, parading, rallying, patrolling, picketing, demonstrating or similar conduct shall be permitted outside the enclosed building areas on the Demised Premises; (iii) no loudspeakers or other sound which may be heard or experienced outside the enclosed building areas on the Demised Premises and no nuisance, incineration, during on or adjacent to the Demised Premises, explosion, obnoxious odor or obnoxious noise shall be permitted; (iv) no auction, fire, bankruptcy, going out of business or similar sale shall be conducted or advertised; (v) nothing shall be done which shall be injurious to the Demised Premises or adjoining properties or unlawful or contrary to public policy or to a law, ordinance, regulation or requirement of any public authority, or would constitute an extra hazardous use, or would violate, suspend or void any policy of insurance required to be carried on the Demised Premises or which would increase the rate of insurance thereon; (vi) no use shall be made of the sidewalk area on the Demised Premises other than pedestrian movement; (vii) there shall not be permitted the use by the public, as such, of the Demised Premises or any part thereof without restriction or in such manner as might reasonably tend to impair the Landlord's title to the Demised Premises or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the public, as such, or of implied dedication of the Demised Premises or any part thereof; (viii) no act or omission of the Tenant shall permit any lien or encumbrance of any kind whatsoever to attach to the Demised Premises; (ix) no act or omission which would constitute a breachnuisance in, or event which with passage of time, notice of either of them, would constitute a breach of any recorded documents; (x) no sale of any so-called "surplus" "Army and Navy," or "secondhand" goods or drug paraphernalia or "head-shop" goods, as those terms are generally used at this time and from time to time hereinafter, shall be conducted on or from the Demised Premises; and (xi) no use shall be made or permitted which conflicts with any recorded document or restrictive use covenant. Tenant shall not sell or permit to be kept, used, displayed or sold in or about the Demised Premises: (a) pornographic or sexually explicit books, magazines, literature, films or other printed material, sexual paraphernalia, or other material which would be considered lewd, obscene or licentious, (b) any use which may be prohibited by standard forms of fire insurance policies, or (c) any alcoholic beverages unless expressly permitted by Section 1.11 hereof. Tenant shall not use, or permit to be used, the Demised Premises, or any part thereof, for the installation or on-premises use of any vending machine, gaming machine or video or arcade game unless expressly permitted by this Lease. No use shall be made or permitted which conflicts with any recorded document. Tenant shall, at Tenant's sole cost, comply with any and all requirements, pertaining to the use of the Demised Premises, of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance, covering the building of which the Demised Premises are a part and appurtenances. In the event Tenant's use of the Demised Premises results in a rate increase for any building within the Shopping Center, or the parking and common areas, Tenant shall pay annually on the anniversary date of this Lease, as additional rent, a sum equal to that of the additional premium occasioned by said rate increase. Tenant shall not commit, or suffer to be committed, any waste upon the Demised Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant or occupant of the Shopping Center. Tenant shall not, without Landlord's prior written consent, display or sell merchandise outside the defined exterior walls and permanent doorways of the Demised Premises. Tenant shall not conduct commit or suffer to be committed any waste in or upon the Premises. (d) Tenant shall not use the Premises or permit anything to be conducted done in or about the Premises which will in any sale by auction inway violate any law, upon statute, ordinance or from the Demised Premises, whether said auction governmental rule or regulation or requirement of duly constituted public authorities now in force or which may hereafter be voluntary, involuntary, pursuant to any assignment for the payment of creditors, enacted or pursuant to any bankruptcy or other solvency proceeding nor display any "going out of business" or similar signpromulgated. Tenant shall not advertiseat its sole cost and expense determine whether it is in compliance with the foregoing, solicit business shall obtain all necessary governmental approvals and permits and shall promptly comply with all laws, statutes, ordinances and governmental rules, regulations or give out literature requirements now in force or materials within which may hereafter be in force and with the parking and common areas requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the condition, use or occupancy of the Shopping Center without Landlord's prior written consentPremises, excluding structural changes not relating to or affecting the condition, use or occupancy of the Premises or not related to or afforded by Txxxxx’s improvements or acts. The judgment of any Court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any law, statute, ordinance, or governmental rule, regulation or requirement, shall be conclusive of the fact that between Landlord and Tenant.

USES PROHIBITED. Tenant 5.3.1 Lessee shall not use, do or permit the Demised Premises, or any part thereof, anything to be used for any purpose done in or purposes other than about the express purpose or purposes for Premises which the Demised Premises are hereby leased pursuant to Section 1.11 hereinabove or carry on its business other than under the trade name designated in Section 1.4. No use shall be made or permitted to be made of the Demised Premises, nor acts done, which is obnoxious to, out of harmony with, or objectionable to the development or operation of the Demised Premises and/or adjoining properties, including, without limitation, the following prohibited activities, occurrences and uses: (i) no merchandise shall be displayed or sold outside the enclosed building areas on the Demised Premises; nor shall any use other than parking and landscaping, be made of any outside areas; (ii) no solicitation of any kind, distribution or handbills or other materials, parading, rallying, patrolling, picketing, demonstrating or similar conduct shall be permitted outside the enclosed building areas on the Demised Premises; (iii) no loudspeakers or other sound which may be heard or experienced outside the enclosed building areas on the Demised Premises and no nuisance, incineration, during on or adjacent to the Demised Premises, explosion, obnoxious odor or obnoxious noise shall be permitted; (iv) no auction, fire, bankruptcy, going out of business or similar sale shall be conducted or advertised; (v) nothing shall be done which shall be injurious to the Demised Premises or adjoining properties or unlawful or contrary to public policy or to a law, ordinance, regulation or requirement of any public authority, or would constitute an extra hazardous use, or would violate, suspend or void any policy of insurance required to be carried on the Demised Premises or which would will increase the existing rate of insurance thereon; upon the building in which the Premises are contained (viunless Lessee shall pay any increased premium as a result of such use or acts) no use shall be made or cause the cancellation of the sidewalk area on the Demised Premises other than pedestrian movement; (vii) there shall not be permitted the use by the public, as such, of the Demised any insurance policy covering said Premises or any part thereof without restriction or in such manner as might reasonably tend to impair the Landlord's title to the Demised Premises or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the publicbuilding, as such, or of implied dedication of the Demised Premises or any part thereof; (viii) no act or omission of the Tenant nor shall permit any lien or encumbrance of any kind whatsoever to attach to the Demised Premises; (ix) no act or omission which would constitute a breach, or event which with passage of time, notice of either of them, would constitute a breach of any recorded documents; (x) no sale of any so-called "surplus" "Army and Navy," or "secondhand" goods or drug paraphernalia or "head-shop" goods, as those terms are generally used at this time and from time to time hereinafter, shall be conducted on or from the Demised Premises; and (xi) no use shall be made or permitted which conflicts with any recorded document or restrictive use covenant. Tenant shall not Lessee sell or permit to be kept, used, displayed used or sold in or about the Demised Premises: (a) pornographic or sexually explicit books, magazines, literature, films or other printed material, sexual paraphernalia, or other material which would be considered lewd, obscene or licentious, (b) said Premises any use articles which may be prohibited by a standard forms form of policy of fire insurance policies, or (c) any alcoholic beverages unless expressly permitted by Section 1.11 hereof. Tenant insurance. 5.3.2 Lessee shall not use, do or permit anything to be used, done in or about the Demised Premises, Premises which will in any way obstruct or any part thereof, for interfere with the installation rights of other Lessees or on-premises use of any vending machine, gaming machine or video or arcade game unless expressly permitted by this Lease. No use shall be made or permitted which conflicts with any recorded document. Tenant shall, at Tenant's sole cost, comply with any and all requirements, pertaining to the use occupants of the Demised Premises, of any insurance organization Project or company necessary for injure or annoy them or use or allow the maintenance of reasonable fire and public liability insurance, covering the building of which the Demised Premises are a part and appurtenances. In the event Tenant's use of the Demised Premises results in a rate increase to be used for any building within unlawful or objectionable purposes, nor shall Lessee cause, maintain or permit any nuisance in, on or about the Shopping Center, or the parking and common areas, Tenant shall pay annually on the anniversary date of this Lease, as additional rent, a sum equal to that of the additional premium occasioned by said rate increasePremises. Tenant Lessee shall not commit, commit or suffer to be committedcommitted any waste in or upon the Premises. 5.3.3 Lessee shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, zoning restriction, ordinance or governmental rule or regulation or requirements of duly constituted public authorities now in force or which may hereafter be enacted or promulgated. Without the prior written consent of Lessor, which consent must not be unreasonably withheld, Lessee shall not (either with or without negligence) cause or permit the escape, generation, manufacture, storage, disposal or release of any hazardous substances or materials in, on or about the Premises or Project. With respect to any such hazardous substances or materials which have been approved by Lessor in writing, Lessee shall not allow the storage or use of such substances or materials in any manner not sanctioned by law and by the highest standards prevailing in the industry for the storage and use of such substances or materials, nor allow to be brought into the Project any such materials or substances except to use in the ordinary course of Lessee's business, and then only in quantities approved by Lessor in writing. Without limitation, hazardous substances and materials shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S. C. Section 6901 et seq., any waste upon applicable state or local laws and the Demised Premisesregulations adopted under these acts. In all events, Lessee shall indemnify Lessor in the manner elsewhere provided in this Lease Agreement from any release of hazardous materials on the Premises occurring while Lessee is in possession, if caused by Lessee or any nuisance persons acting under Lessee. The within covenants shall survive the expiration or other act or thing which may disturb the quiet enjoyment of any other tenant or occupant earlier termination of the Shopping Center. Tenant shall not, without Landlord's prior written consent, display or sell merchandise outside the defined exterior walls and permanent doorways term of the Demised Premises. Tenant shall not conduct or permit to be conducted any sale by auction in, upon or from the Demised Premises, whether said auction be voluntary, involuntary, pursuant to any assignment for the payment of creditors, or pursuant to any bankruptcy or other solvency proceeding nor display any "going out of business" or similar sign. Tenant shall not advertise, solicit business or give out literature or materials within the parking and common areas of the Shopping Center without Landlord's prior written consentthis Lease Agreement.

USES PROHIBITED. Tenant shall not use, or permit the Demised Premises, or any part thereof, to be used for any purpose or purposes other than the express purpose or purposes for which the Demised Premises are hereby leased pursuant to Section 1.11 hereinabove or carry on its business other than under the trade name designated in Section 1.4. No use shall be made or permitted to be made of the Demised Premises, nor acts done, which is obnoxious to, out of harmony with, or objectionable to the development or operation of the Demised Premises and/or adjoining properties, including, without limitation, the following prohibited activities, occurrences and uses: (i) no merchandise shall be displayed or sold outside the enclosed building areas on the Demised Premises; nor shall any use other than parking and landscaping, be made of any outside areas; (ii) no solicitation of any kind, distribution or handbills or other materials, parading, rallying, patrolling, picketing, demonstrating or similar conduct shall be permitted outside the enclosed building areas on the Demised Premises; (iii) no loudspeakers or other sound which may be heard or experienced outside the enclosed building areas on the Demised Premises and no nuisance, incineration, during on or adjacent to the Demised Premises, explosion, obnoxious odor or obnoxious noise shall be permitted; (iv) no auction, fire, bankruptcy, going out of business or similar sale shall be conducted or advertised; (v) nothing shall be done which shall be injurious to the Demised Premises or adjoining properties or unlawful or contrary to public policy or to a law, ordinance, regulation or requirement of any public authority, or would constitute an extra hazardous use, or would violate, suspend or void any policy of insurance required to be carried on the Demised Premises or which would increase the rate of insurance thereon; (vi) no use shall be made of the sidewalk area on the Demised Premises other than pedestrian movement; (vii) there shall not be permitted the use by the public, as such, of the Demised Premises or any part thereof without restriction or in such manner as might reasonably tend to impair the Landlord's title to the Demised Premises or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the public, as such, or of implied dedication of the Demised Premises or any part thereof; (viii) no act or omission of the Tenant shall permit any lien or encumbrance of any kind whatsoever to attach to the Demised Premises; (ix) no act or omission which would constitute a breach, or event which with passage of time, notice of either of them, would constitute a breach of any recorded documents; (x) no sale of any so-called "surplus" "Army and Navy," or "secondhand" goods or drug paraphernalia or "head-shop" goods, as those terms are generally used at this time and from time to time hereinafter, shall be conducted on or from the Demised Premises; and (xi) no use shall be made or permitted which conflicts with any recorded document or restrictive use covenant. Tenant shall not sell or permit to be kept, used, displayed or sold in or about the Demised Premises: (a) pornographic or sexually explicit books, magazines, literature, films or other printed material, sexual paraphernalia, or other material which would be considered lewd, obscene or licentious, (b) any use which may be prohibited by standard forms of fire insurance policies, or (c) any alcoholic beverages unless expressly permitted by Section 1.11 hereof. Tenant shall not use, or permit to be used, the Demised Premises, or any part thereof, for the installation or on-premises use of any vending machine, gaming machine or video or arcade game unless expressly permitted by this Lease. No use shall be made or permitted which conflicts with any recorded document. Tenant shall, at Tenant's sole cost, comply with any and all requirements, pertaining to the use of the Demised Premises, of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance, covering the building of which the Demised Premises are a part and appurtenances. In the event Tenant's use of the Demised Premises results in a rate increase for any building within the Shopping Center, or the parking and common areas, Tenant shall pay annually on the anniversary date of this Lease, as additional rent, a sum equal to that of the additional premium occasioned by said rate increase. Tenant shall not commit, or suffer to be committed, any waste upon the Demised Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant or occupant of the Shopping Center. Tenant shall not, without Landlord's ’s prior written consent, display keep anything within the Premises or sell merchandise outside use the defined exterior walls and permanent doorways Premises for any purpose that increases the insurance premium cost or invalidates any insurance policy carried on the Premises or other parts of the Demised PremisesProject. All property kept, stored or maintained within the Premises by Tenant shall be at Tenant’s sole risk. Tenant shall not conduct (a) permit any objectionable or unpleasant odors to emanate from the Premises; (b) place or permit any radio, television, loudspeaker or amplifier on the roof or outside the Premises or where the same can be seen or heard from outside the Premises other than any that may currently exist; (c) operate any nightclub, bar or other business serving alcoholic beverages, adult bookstore, massage parlor, head shop, any adult entertainment or sexually oriented business; or (d) do anything which would tend to be conducted any sale by auction ininjure the reputation of the Project. Tenant shall take good care of the Project and keep the same free from waste at all times. Tenant shall keep the Project and sidewalks, upon service-ways and loading areas adjacent to the Project neat, clean and free from dirt or from rubbish at all times, and shall store all trash and garbage within the Demised PremisesProject, whether said auction be voluntary, involuntary, pursuant to any assignment and provide for the payment regular pick-up of creditors, or pursuant to any bankruptcy or other solvency proceeding nor display any "going out such trash and garbage at Tenant’s expense. Receiving and delivery of business" or similar signgoods and merchandise and removal of garbage and trash shall be made only in the manner and areas prescribed by Landlord. Tenant shall not advertise, solicit business operate an incinerator or give out literature bum trash or materials garbage within the parking Project. Tenant shall procure at its sole expense all permits and common areas licenses required for the transaction of business in the Shopping Center without Landlord's prior written consentPremises and otherwise comply with all applicable laws, ordinances, and governmental regulations.

USES PROHIBITED. Tenant shall not useuse the Premises or any portion thereof, nor do, or permit anything to be done, in or about the Demised PremisesPremises or any portion thereof, nor bring or keep anything therein, which either (i) is not within the permitted use of the Premises set forth in Paragraph 1.8, or (ii) is in violation of Paragraph 3.1 or 3.2 or any other provision of this Lease, or (iii) in any way will or could increase the existing rate of or affect any fire or other insurance upon the Project or any part thereofthereof or any of its contents, or cause a cancellation of any insurance policy covering the Project or any part thereof or any of its contents other than as would occur with the normal operation of a restaurant in the Premises. Except as contemplated herein, Tenant shall not do or permit anything to be done in or about the Premises which will in any way or to any extent obstruct or interfere with the rights of other tenants or occupants of the Project or the activities being conducted by them, or injure or annoy them or use or allow the Premises to be used for any unlawful purpose or purposes other than the express purpose or purposes for which the Demised Premises are hereby leased pursuant to Section 1.11 hereinabove or carry on its business other than under the trade name designated in Section 1.4. No use shall be made or permitted to be made of the Demised Premisesany unlawful manner, nor acts doneshall Tenant cause, which is obnoxious tomaintain or permit any nuisance in, out of harmony with, or objectionable to the development or operation of the Demised Premises and/or adjoining properties, including, without limitation, the following prohibited activities, occurrences and uses: (i) no merchandise shall be displayed or sold outside the enclosed building areas on the Demised Premises; nor shall any use other than parking and landscaping, be made of any outside areas; (ii) no solicitation of any kind, distribution or handbills or other materials, parading, rallying, patrolling, picketing, demonstrating or similar conduct shall be permitted outside the enclosed building areas on the Demised Premises; (iii) no loudspeakers or other sound which may be heard or experienced outside the enclosed building areas on the Demised Premises and no nuisance, incineration, during on or adjacent to about the Demised Premises, explosion, obnoxious odor or obnoxious noise shall be permitted; (iv) no auction, fire, bankruptcy, going out of business or similar sale shall be conducted or advertised; (v) nothing shall be done which shall be injurious to the Demised Premises or adjoining properties or unlawful or contrary to public policy or to a law, ordinance, regulation or requirement of any public authority, or would constitute an extra hazardous use, or would violate, suspend or void any policy of insurance required to be carried on the Demised Premises or which would increase the rate of insurance thereon; (vi) no use shall be made of the sidewalk area on the Demised Premises other than pedestrian movement; (vii) there shall not be permitted the use by the public, as such, of the Demised Premises or any part thereof without restriction use that could diminish the reputation or in such manner as might reasonably tend to impair the Landlord's title to the Demised Premises or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the public, as such, or of implied dedication attractiveness of the Demised Premises or any part thereof; (viii) no act or omission of the Tenant shall permit any lien or encumbrance of any kind whatsoever to attach to the Demised Premises; (ix) no act or omission which would constitute a breach, or event which with passage of time, notice of either of them, would constitute a breach of any recorded documents; (x) no sale of any so-called "surplus" "Army and Navy," or "secondhand" goods or drug paraphernalia or "head-shop" goods, as those terms are generally used at this time and from time to time hereinafter, shall be conducted on or from the Demised Premises; and (xi) no use shall be made or permitted which conflicts with any recorded document or restrictive use covenantProject. Tenant shall not sell or permit allow floors within the Premises to be keptoverloaded (provided that weight up to 100 p.s.i. shall not be considered overloading), used, displayed nor shall Tenant commit or sold allow to be committed any waste in or about upon the Demised Premises: . Subject to Landlord’s obligation to adequately exhaust the Premises, Tenant shall prevent any and all odors (a) pornographic other than ordinary cooking and normal restaurant odors), flashing or sexually explicit booksblinking lights, magazinesnoises, literaturevibrations, films smoke and fumes from emanating from the Premises. Tenant shall prevent the Premises and each portion thereof from being used for the manufacture, sale, barter, gift or service of intoxicating liquors or other printed materialbeverages, sexual paraphernaliaor, except as otherwise expressly set forth herein, beverages, food or other material which would be considered lewd, obscene or licentious, (b) food products in any use which may be prohibited by standard forms of fire insurance policies, or (c) any alcoholic beverages unless expressly permitted by Section 1.11 hereofform. Tenant shall not useuse any space outside the Premises for any sales, storage or permit to be usedother activities, and shall not use the Demised Premisesplumbing facilities in the Premises for any purpose other than that for which they were constructed, or any part thereof, for the installation or on-premises use nor dispose of any vending machine, gaming machine or video or arcade game unless expressly permitted by this Lease. No use shall be made or permitted which conflicts with any recorded document. Tenant shall, at Tenant's sole cost, comply with any and all requirements, pertaining to the use of the Demised Premises, of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance, covering the building of which the Demised Premises are a part and appurtenances. In the event Tenant's use of the Demised Premises results in a rate increase for any building within the Shopping Center, or the parking and common areas, Tenant shall pay annually on the anniversary date of this Lease, as additional rent, a sum equal to that of the additional premium occasioned by said rate increaseforeign substances therein. Tenant shall not commitcause permit the loading dock or service elevator, or suffer if any, used by Tenant to be committedin other than a neat, any waste upon the Demised Premisesclean, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant or occupant of the Shopping Centersafe and sanitary condition. Tenant shall notnot store or stock in the Premises any goods, without Landlord's prior written consentwares or merchandise other than items that Tenant intends to offer for sale at or from the Premises; provided, that this sentence shall not preclude occasional emergency transfers of merchandise from the Premises to other stores of Tenant, if any, not located in the Project. Tenant shall not display or sell merchandise or place carts, portable signs, devises or any other objects outside the defined exterior walls and walls, or on the roof or permanent doorways doorways, of the Demised PremisesPremises without the consent of Landlord, which will not be unreasonably withheld, delayed or conditioned. Tenant shall not conduct enter upon, or have access to, the roof of the Premises, and Tenant shall not permit aerial or antenna or other device to be conducted erected on the roof or exterior walls of the Premises except as otherwise provided herein or consented to by Landlord which consent will not be unreasonably withheld, delayed or conditioned. Is there cable service available at the Premises?? If Tenant, or any sale by auction inother person or entity occupying or having a right to occupy or use the Premises or any portion thereof directly or indirectly through or under Tenant, upon should install any such aerial, antenna or from other device on the Demised roof of the Premises, whether said auction be voluntaryLandlord is hereby authorized by Tenant to remove such device following reasonable written notice to Tenant without notice at any time, involuntary, pursuant to any assignment for the payment of creditors, or pursuant to any bankruptcy or other solvency proceeding nor display any "going out of business" or similar signat Tenant’s expense. Tenant shall not advertiseload or unload goods being transported to or from the Premises except at such times, solicit in such areas and through such entrances as may be reasonably designated for such purpose by Landlord We need to understand these restrictions prior to execution.. Tenant shall prohibit all trucks and trailers that have entered upon the Project on account of Tenant’s conduct of its business and affairs from remaining overnight in or give out literature or materials within the parking and common areas upon any portion of the Shopping Center without Project. Landlord's prior written consent’s interest here should not extend beyond violations that af fect its property interests – for instance assessment of a fine for an employment violation should not give rise to an incurable default.

USES PROHIBITED. The premises and all buildings and improvements thereon shall, during the term of this lease, be used only and exclusively for the purposes set fort in Article 1, Section 3, and no part of the premises or improvements thereon shall be used in any manner whatsoever for any purposes in violation of the laws, ordinances, regulations or orders of the United States, or of the State, County and/or City where the premises are located, or of any duly constituted subdivision, department or board thereof. Tenant shall not use, knowingly use or permit occupy the Demised Premises, premises or any part thereof, or suffer or permit the same to be used or occupied for any business or purpose deemed extra hazardous on account of fire or purposes other than otherwise: and if by reason of the express purpose use and occupancy of the premises, the policy covering the premises (Fire Insurance, Extended Coverage or purposes for which Liability) is to be canceled or the Demised Premises are hereby leased pursuant to Section 1.11 hereinabove or carry on its business other than under the trade name designated in Section 1.4. No use rate of said insurance shall be made or permitted to be made increased, the Landlord shall have the option of the Demised Premises, nor acts done, which is obnoxious to, out of harmony withterminating this lease, or objectionable on demand, Tenant will pay to Landlord the development or operation amount of the Demised Premises and/or adjoining properties, including, without limitation, the following prohibited activities, occurrences and uses: such increase (i) no merchandise shall be displayed or sold outside the enclosed building areas on the Demised Premises; nor shall any use other than parking and landscaping, be made of any outside areas; (ii) no solicitation of any kind, distribution or handbills or other materials, parading, rallying, patrolling, picketing, demonstrating or similar conduct shall be permitted outside the enclosed building areas on the Demised Premises; (iii) no loudspeakers or other sound which may be heard or experienced outside the enclosed building areas on the Demised Premises and no nuisance, incineration, during on or adjacent to the Demised Premises, explosion, obnoxious odor or obnoxious noise shall be permitted; (iv) no auction, fire, bankruptcy, going out of business or similar sale shall be conducted or advertised; (v) nothing shall be done which shall be injurious to the Demised Premises or adjoining properties or unlawful or contrary to public policy or to a law, ordinance, regulation or requirement of any public authority, or would constitute an extra hazardous use, or would violate, suspend or void any policy of insurance required to be carried on the Demised Premises or which would but such increase in the rate of insurance thereon; (vi) no use shall be made of the sidewalk area on the Demised Premises other than pedestrian movement; (vii) there shall not be permitted the use by the public, as such, of the Demised Premises or any part thereof without restriction or in such manner as might reasonably tend to impair the Landlord's title to the Demised Premises or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the public, as such, or of implied dedication of the Demised Premises or any part thereof; (viii) no act or omission of the Tenant shall permit any lien or encumbrance of any kind whatsoever to attach to the Demised Premises; (ix) no act or omission which would constitute a breach, or event which with passage of time, notice of either of them, would constitute deemed a breach of any recorded documents; (x) no sale of any so-called "surplus" "Army and Navy," or "secondhand" goods or drug paraphernalia or "head-shop" goods, as those terms are generally used at this time and from time to time hereinafter, shall be conducted on or from the Demised Premises; and (xi) no use shall be made or permitted which conflicts with any recorded document or restrictive use covenantcovenant by Tenant). Tenant shall covenants and agrees that Tenant will not sell create or maintain, or permit others to be keptcreate or maintain, usedany nuisances, displayed including without limiting the foregoing language, loud noises, sound effects, offensive odors, smoke or sold dust in or about the Demised Premises: (a) pornographic leased premises, Tenant shall comply in all respects with all applicable federal, state and local laws, rules regulations and orders including without limitation, those relating to pollution, reclamation or sexually explicit booksprotection of the environment, magazinesincluding laws relating to emissions, literaturedischarges, films releases or other printed materialthreatened releases of pollutants, sexual paraphernaliacontaminants, or other material which would be considered lewdhazardous or toxic materials or waste into the air, obscene or licentious, (b) any use which may be prohibited by standard forms of fire insurance policieswater, or (c) any alcoholic beverages unless expressly permitted by Section 1.11 hereofland, or otherwise relating to the manufacture, processing distribution, use, treatment, storage disposal, transport or handling of pollutants, contaminants or hazardous or toxic materials or wastes. Tenant shall not useindemnify, defend and hold Landlord harmless from and against any loss, cost damage or permit to be usedexpense, the Demised Premisesincluding without limitation, attorney's fees and costs of site investigation and clean up, incurred by or any part thereof, for the installation or on-premises use of any vending machine, gaming machine or video or arcade game unless expressly permitted by this Lease. No use shall be made or permitted which conflicts with any recorded document. Tenant shall, at Tenant's sole cost, comply with any and all requirements, pertaining to the use imposed upon landlord as a result of the Demised Premises, breach by Tenant of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance, covering the building of which the Demised Premises are a part and appurtenances. In the event Tenant's use of the Demised Premises results its obligations in a rate increase for any building within the Shopping Center, or the parking and common areas, Tenant shall pay annually on the anniversary date of this Lease, as additional rent, a sum equal to that of the additional premium occasioned by said rate increase. Tenant shall not commit, or suffer to be committed, any waste upon the Demised Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant or occupant of the Shopping Center. Tenant shall not, without Landlord's prior written consent, display or sell merchandise outside the defined exterior walls and permanent doorways of the Demised Premises. Tenant shall not conduct or permit to be conducted any sale by auction in, upon or from the Demised Premises, whether said auction be voluntary, involuntary, pursuant to any assignment for the payment of creditors, or pursuant to any bankruptcy or other solvency proceeding nor display any "going out of business" or similar sign. Tenant shall not advertise, solicit business or give out literature or materials within the parking and common areas of the Shopping Center without Landlord's prior written consentArticle 4.

USES PROHIBITED. A. Tenant agrees that it will not use or permit any person to use the Premises for a second-hand store, auction, distress or fire sale or bankruptcy or going-out-of-business sale (whether or not pursuant to any insolvency proceedings), or for any use or purpose in violation of any governmental law or authority. Tenant shall not useat its sole cost and expense promptly comply with all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or permit which may hereafter be in force and with the Demised requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the condition, use or occupancy of the Premises, excluding structural changes not relating to or affecting the condition, use of occupancy of the Premises or not related or afforded by Tenant's improvements or acts. The judgment of any part thereofcourt of competent jurisdiction, to be used the indictment by a Grand Jury or the State or Federal Prosecution for any purpose or purposes other than the express purpose or purposes for which the Demised Premises are hereby leased pursuant to Section 1.11 hereinabove or carry on its business other than under the trade name designated in Section 1.4. No unlawful use shall be made or permitted to be made of the Demised Premisespremises or the admission of Tenant in any action against Tenant, nor acts donewhether Landlord be a party thereto or not, which is obnoxious to, out of harmony with, or objectionable to the development or operation of the Demised Premises and/or adjoining properties, including, without limitation, the following prohibited activities, occurrences and uses: (i) no merchandise shall be displayed or sold outside the enclosed building areas on the Demised Premises; nor shall that Tenant has violated any use other than parking and landscaping, be made of any outside areas; (ii) no solicitation of any kind, distribution or handbills or other materials, parading, rallying, patrolling, picketing, demonstrating or similar conduct shall be permitted outside the enclosed building areas on the Demised Premises; (iii) no loudspeakers or other sound which may be heard or experienced outside the enclosed building areas on the Demised Premises and no nuisance, incineration, during on or adjacent to the Demised Premises, explosion, obnoxious odor or obnoxious noise shall be permitted; (iv) no auction, fire, bankruptcy, going out of business or similar sale shall be conducted or advertised; (v) nothing shall be done which shall be injurious to the Demised Premises or adjoining properties or unlawful or contrary to public policy or to a law, ordinancestatute, ordinance or governmental rule, regulation or requirement of any public authority, or would constitute an extra hazardous use, or would violate, suspend or void any policy of insurance required to be carried on the Demised Premises or which would increase the rate of insurance thereon; (vi) no use shall be made of the sidewalk area on the Demised Premises other than pedestrian movement; (vii) there shall not be permitted the use by the public, as such, of the Demised Premises or any part thereof without restriction or in such manner as might reasonably tend to impair the Landlord's title to the Demised Premises or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the public, as such, or of implied dedication of the Demised Premises or any part thereof; (viii) no act or omission of the Tenant shall permit any lien or encumbrance of any kind whatsoever to attach to the Demised Premises; (ix) no act or omission which would constitute a breach, or event which with passage of time, notice of either of them, would constitute a breach of any recorded documents; (x) no sale of any so-called "surplus" "Army and Navy," or "secondhand" goods or drug paraphernalia or "head-shop" goods, as those terms are generally used at this time and from time to time hereinafterrequirement, shall be conducted on or from the Demised Premises; conclusive of that fact as between Landlord and (xi) no use shall be made or permitted which conflicts with any recorded document or restrictive use covenant. Tenant. B. Tenant shall may not sell or permit to be kept, used, displayed or sold in or about the Demised Premises: (a) pornographic or sexually explicit books, magazines, literature, films or other printed material, sexual paraphernalia, or other material which would be considered lewd, obscene or licentious, (b) any use which may be prohibited by standard forms of fire insurance policies, or (c) any alcoholic beverages unless expressly permitted by Section 1.11 hereof. Tenant shall not use, or permit to be used, the Demised Premises, or any part thereof, for the installation or on-premises use of any vending machine, gaming machine or video or arcade game unless expressly permitted by this Lease. No use shall be made or permitted which conflicts with any recorded document. Tenant shall, at Tenant's sole cost, comply with any and all requirements, pertaining to the use of the Demised Premises, of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance, covering the building of which the Demised Premises are a part and appurtenances. In the event Tenant's use of the Demised Premises results in a rate increase for any building within the Shopping Center, or the parking and common areas, Tenant shall pay annually on the anniversary date of this Lease, as additional rent, a sum equal to that of the additional premium occasioned by said rate increase. Tenant shall not commit, or suffer to be committed, any waste upon the Demised Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant or occupant of the Shopping Center. Tenant shall not, without Landlord's prior written consent, display or sell merchandise or allow carts, portable signs, devices or any other objects to be stored or to remain outside the defined exterior walls and permanent doorways of the Demised Premises. Tenant further agrees not to install any exterior lighting, amplifiers or similar devices or use in or about the Premises any advertising medium which may be heard or seen outside the Premises, such as flashing lights, searchlights, loudspeakers, phonographs or radio broadcasts. C. Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate or affect any fire or other insurance upon the Premises or any building of which the Premises may be a part or any of its contents (unless Tenant shall pay any increased premium as a result of such use or acts), or cause a cancellation of any insurance policy covering the Premises or any building of which the Premises may be a part or any of its contents, nor shall Tenant sell or permit to be kept, used or sold in or about the Premises any articles which may be prohibited by a standard form policy of fire insurance. D. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the building of which the Premises may be part or any other building in the Office and Retail Center, or injure or annoy them, or use or allow the Premises to be used for any unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not conduct commit or permit allow to be conducted committed any sale by auction in, waste in or upon or from the Demised Premises, whether said auction be voluntary, involuntary, pursuant to any assignment for the payment of creditors, or pursuant to any bankruptcy or other solvency proceeding nor display any "going out of business" or similar sign. Tenant shall not advertisekeep the Premises in a clean and wholesome condition, solicit business free of any pests, objectionable noises, odors or give out literature or materials within the parking and common areas of the Shopping Center without Landlord's prior written consentnuisances.

USES PROHIBITED. Tenant shall not use, or permit the Demised Premises, demised premises or any part thereof, thereof to be used used, for any purpose or purposes other than the express purpose or purposes for which the Demised Premises demised premises are hereby leased pursuant to Section 1.11 hereinabove or carry on its business other than under the trade name designated as set forth in Section 1.4. No 1.3 above; and no use shall be made or permitted to be made of the Demised Premisesdemised premises, nor acts done, which is obnoxious to, out of harmony with, or objectionable to the development or operation of the Demised Premises and/or adjoining properties, including, without limitation, the following prohibited activities, occurrences and uses: (i) no merchandise shall be displayed or sold outside the enclosed building areas on the Demised Premises; nor shall any use other than parking and landscaping, be made of any outside areas; (ii) no solicitation of any kind, distribution or handbills or other materials, parading, rallying, patrolling, picketing, demonstrating or similar conduct shall be permitted outside the enclosed building areas on the Demised Premises; (iii) no loudspeakers or other sound which may be heard or experienced outside the enclosed building areas on the Demised Premises and no nuisance, incineration, during on or adjacent to the Demised Premises, explosion, obnoxious odor or obnoxious noise shall be permitted; (iv) no auction, fire, bankruptcy, going out of business or similar sale shall be conducted or advertised; (v) nothing shall be done which shall be injurious to the Demised Premises or adjoining properties or unlawful or contrary to public policy or to a law, ordinance, regulation or requirement of any public authority, or would constitute an extra hazardous use, or would violate, suspend or void any policy of insurance required to be carried on the Demised Premises or which would will increase the existing rate of insurance thereon; upon the Building (vi) no use shall be made of the sidewalk area on the Demised Premises other than pedestrian movement; (vii) there shall not be permitted the use by the public, as such, of the Demised Premises or any part thereof without restriction or in such manner as might reasonably tend to impair the Landlord's title to the Demised Premises or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the public, as suchonce said rate is established), or cause a cancellation of implied dedication of the Demised Premises any insurance policy covering said, Building or any part thereof; (viii) no act or omission of the , nor shall Tenant shall permit any lien or encumbrance of any kind whatsoever to attach to the Demised Premises; (ix) no act or omission which would constitute a breach, or event which with passage of time, notice of either of them, would constitute a breach of any recorded documents; (x) no sale of any so-called "surplus" "Army and Navy," or "secondhand" goods or drug paraphernalia or "head-shop" goods, as those terms are generally used at this time and from time to time hereinafter, shall be conducted on or from the Demised Premises; and (xi) no use shall be made or permitted which conflicts with any recorded document or restrictive use covenant. Tenant shall not sell or permit to be kept, used, displayed used or sold in or about the Demised Premises: (a) pornographic or sexually explicit books, magazines, literature, films or other printed material, sexual paraphernalia, or other material which would be considered lewd, obscene or licentious, (b) demised premises any use article which may be prohibited by standard forms form of fire insurance policies, or (c) any alcoholic beverages unless expressly permitted by Section 1.11 . For purposes hereof. Tenant shall not use, or permit to be used, the Demised Premisesuse of the demised premises by Tenant as contemplated in Section 1.3 above will not, per se, be a use which will cause the cancellation of any insurance policy covering the Building or any part thereof, for thereof or constitute a use which will increase the installation or on-premises use existing rate of any vending machine, gaming machine or video or arcade game unless expressly permitted by this Lease. No use shall be made or permitted which conflicts with any recorded documentinsurance on the Building (once said rate is established). Tenant shall, at Tenant's its sole cost, comply with any and all requirements, requirements (pertaining to the use of the Demised Premises, demised premises) of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance, insurance covering the building of which the Demised Premises are a part demised premises and appurtenances. In Notwithstanding anything to the event contrary contained herein, except as provided below in this Article, there shall not be sold, leased, licensed or otherwise conveyed, or permitted to be sold, leased, licensed or otherwise conveyed, at retail, any merchandise or services in or from the demised premises, excluding (i) Tenant's use fixtures, equipment or property which are not stock in trade, and (ii) food, beverage and cigarette sales made through vending devices on the demised premises. For purposes of this restriction, "at retail" shall mean the Demised Premises results in a rate increase for any building within sale, lease, license or other conveyance of merchandise or services to ultimate consumers. Notwithstanding the Shopping Center, or the parking and common areasforegoing, Tenant shall pay annually on be permitted to conduct sales at retail from the anniversary date of this Leasedemised premises, as additional rent, a sum equal to provided that of the additional premium occasioned by said rate increase. Tenant such sales shall not commit, or suffer to be committed, occur more than once in any waste upon the Demised Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant or occupant of the Shopping Center. Tenant shall not, without Landlord's prior written consent, display or sell merchandise outside the defined exterior walls calendar quarter and permanent doorways of the Demised Premises. Tenant shall not conduct or permit to be conducted last for more than three (3) consecutive days at any sale by auction in, upon or from the Demised Premises, whether said auction be voluntary, involuntary, pursuant to any assignment for the payment of creditors, or pursuant to any bankruptcy or other solvency proceeding nor display any "going out of business" or similar sign. Tenant shall not advertise, solicit business or give out literature or materials within the parking and common areas of the Shopping Center without Landlord's prior written consenttime.

USES PROHIBITED. Tenant shall not use, or permit the Demised Premises, Premises or any part thereof, thereof to be used used, for any purpose or purposes other than the express purpose or purposes Permitted Use as specified the Lease Schedule. If Tenant uses the Premises for which any use inconsistent with the Demised Premises are hereby leased pursuant to Section 1.11 hereinabove or carry on its business other provisions of this Lease, without the prior written permission of Landlord and the Community, and such misuse continues for more than under thirty (30) days following notice of default from Landlord, the trade name designated in Section 1.4use will constitute a default and breach of this Lease. No additional use shall be made or permitted to be made of the Demised Premises, nor acts done, which is obnoxious to, out of harmony with, or objectionable to the development or operation of the Demised Premises and/or adjoining properties, including, without limitation, the following prohibited activities, occurrences and uses: (i) no merchandise shall be displayed or sold outside the enclosed building areas on the Demised Premises; nor shall any use other than parking and landscaping, be made will cause a cancellation of any outside areas; (ii) no solicitation of any kind, distribution or handbills or other materials, parading, rallying, patrolling, picketing, demonstrating or similar conduct shall be permitted outside insurance policy covering the enclosed building areas on the Demised Premises; (iii) no loudspeakers or other sound which may be heard or experienced outside the enclosed building areas on the Demised Premises and no nuisance, incineration, during on or adjacent to the Demised Premises, explosion, obnoxious odor or obnoxious noise shall be permitted; (iv) no auction, fire, bankruptcy, going out of business or similar sale shall be conducted or advertised; (v) nothing shall be done which shall be injurious to the Demised Premises or adjoining properties or unlawful or contrary to public policy or to a law, ordinance, regulation or requirement of any public authority, or would constitute an extra hazardous use, or would violate, suspend or void any policy of insurance required to be carried on the Demised Premises or which would increase the rate of insurance thereon; (vi) no use shall be made of the sidewalk area on the Demised Premises other than pedestrian movement; (vii) there shall not be permitted the use by the public, as such, of the Demised Premises or any part thereof without restriction or in such manner as might reasonably tend to impair effect on the Landlord's title to the Demised Premises or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the publicCommencement Date, as suchnor shall Tenant sell, or of implied dedication of the Demised Premises or any part thereof; (viii) no act or omission of the Tenant shall permit any lien or encumbrance of any kind whatsoever to attach to the Demised Premises; (ix) no act or omission which would constitute a breach, or event which with passage of time, notice of either of them, would constitute a breach of any recorded documents; (x) no sale of any so-called "surplus" "Army and Navy," or "secondhand" goods or drug paraphernalia or "head-shop" goods, as those terms are generally used at this time and from time to time hereinafter, shall be conducted on or from the Demised Premises; and (xi) no use shall be made or permitted which conflicts with any recorded document or restrictive use covenant. Tenant shall not sell or permit to be kept, usedused or sold, displayed or sold in or about the Demised Premises: (a) pornographic or sexually explicit books, magazines, literature, films or other printed material, sexual paraphernalia, or other material which would be considered lewd, obscene or licentious, (b) any use article which may be prohibited by standard forms of fire Landlord’s commercially reasonable insurance policies. If any additional use made or permitted to be made to the Premises, or (c) acts done by Tenant, result in an increase in the existing rate of insurance upon the Premises, such additional cost shall be borne solely by Tenant. Landlord hereby acknowledges and agrees that no increase in the cost of Landlord’s insurance or cancellation of any alcoholic beverages unless expressly permitted by Section 1.11 hereofinsurance policy covering the Premises shall result from Tenant’s use of the Premises for the Permitted Use of the Premises. Tenant shall not use, or permit to be used, the Demised Premises, or any part thereof, for the installation or on-premises use of any vending machine, gaming machine or video or arcade game unless expressly permitted by this Lease. No use shall be made or permitted which conflicts with any recorded document. Tenant shall, at Tenant's sole cost, comply with any and all requirements, pertaining to the use of the Demised Premises, of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance, covering the building of which the Demised Premises are a part and appurtenances. In the event Tenant's use of the Demised Premises results in a rate increase for any building within the Shopping Center, or the parking and common areas, Tenant shall pay annually on the anniversary date of this Lease, as additional rent, a sum equal to that of the additional premium occasioned by said rate increase. Tenant shall not commit, commit or suffer to be committed, any material waste upon the Demised Premises, or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant or occupant in the Riverwalk Project, nor, without limiting the generality of the Shopping Centerforegoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant agrees at all times to use commercially reasonable efforts to cause the Premises to be operated in material compliance with all federal, tribal, Community, state, local or municipal laws, statutes, ordinances, and rules and regulations, including but not limited to those relating to zoning, environmental protection, health, and safety (collectively, “Laws”). Tenant further agrees to promptly cure any such violation at its own expense, and shall furthermore defend and indemnify Landlord Indemnitees, for, from and against any and all Losses incurred as a result of any violation of any of the foregoing. Tenant shall notupon request of Landlord certify in writing that it is in material compliance with applicable Laws for the preceding year. At the request of Landlord, without Tenant shall submit to Landlord's prior written consent, display or sell merchandise outside the defined exterior walls shall make available for inspection and permanent doorways copying upon reasonable notice and at reasonable times, any or all of the Demised Premises. documents and materials prepared by or for Tenant shall not conduct or permit to be conducted any sale by auction in, upon or from the Demised Premises, whether said auction be voluntary, involuntary, pursuant to any assignment environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewith. Landlord Indemnitees and their respective representatives shall have access to the Premises at all reasonable times to inspect, at their expense, the same to confirm that Tenant is using the Premises in accordance with all Laws. Tenant shall, at the request of Landlord and at Landlord’s expense, conduct such testing and analysis as is necessary to ascertain whether Tenant is using the Premises in compliance with CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE CONFIDENTIAL PORTIONS HAVE BEEN REDACTED AND ARE DENOTED BY A TRIPLE ASTERISK (***). THE CONFIDENTIAL PORTIONS HAVE BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. all Laws, provided however, (i) Landlord shall not request that Tenant conduct such tests unless required by the Community or if Landlord has a reasonable suspicion that Tenant may be in violation of the foregoing Laws, and (ii) if Tenant is found to be in violation, Tenant shall reimburse Landlord for the payment actual and reasonable costs of creditors, or pursuant such testing and analysis. Said tests shall be conducted by qualified independent experts chosen by Tenant and subject to Landlord’s reasonable approval. Copies of reports of any bankruptcy or other solvency proceeding nor display any "going out such tests shall be provided to Landlord. The provisions within this paragraph shall survive termination of business" or similar sign. Tenant this Lease and shall not advertise, solicit business or give out literature or materials within be binding upon and shall inure to the parking and common areas benefit of the Shopping Center without Landlord's prior written consentparties hereto, the Master Lessor, the Community, the Secretary and their respective successors and assigns, and mortgagees thereof.

USES PROHIBITED. Tenant shall not use, or permit the Demised Premises, Premises or any part thereof, thereof to be used used, for any purpose or purposes other than the express purpose or purposes for which the Demised Premises are hereby leased pursuant to Section 1.11 hereinabove or carry on its business other than under the trade name designated as specified in Section 1.41 of this Lease. No use shall be made or permitted to be made of the Demised Premises, nor acts done, which is obnoxious to, out of harmony with, or objectionable to the development or operation of the Demised Premises and/or adjoining properties, including, without limitation, the following prohibited activities, occurrences and uses: (i) no merchandise shall be displayed or sold outside the enclosed building areas on the Demised Premises; nor shall any use other than parking and landscaping, be made of any outside areas; (ii) no solicitation of any kind, distribution or handbills or other materials, parading, rallying, patrolling, picketing, demonstrating or similar conduct shall be permitted outside the enclosed building areas on the Demised Premises; (iii) no loudspeakers or other sound which may be heard or experienced outside the enclosed building areas on the Demised Premises and no nuisance, incineration, during on or adjacent to the Demised Premises, explosion, obnoxious odor or obnoxious noise shall be permitted; (iv) no auction, fire, bankruptcy, going out of business or similar sale shall be conducted or advertised; (v) nothing shall be done which shall be injurious to the Demised Premises or adjoining properties or unlawful or contrary to public policy or to a law, ordinance, regulation or requirement of any public authority, or would constitute an extra hazardous use, or would violate, suspend or void any policy of insurance required to be carried on the Demised Premises or which would will increase the existing rate of insurance thereon; (vi) no use shall be made of upon the sidewalk area on the Demised Premises other than pedestrian movement; (vii) there shall not be permitted the use by the public, as such, of the Demised Premises or any part thereof without restriction or in such manner as might reasonably tend to impair the Landlord's title to the Demised Premises or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the public, as suchBuilding, or cause a cancellation of implied dedication of any insurance policy covering the Demised Premises Building, or any part thereof; (viii) no act or omission of the , nor shall Tenant shall permit any lien or encumbrance of any kind whatsoever to attach to the Demised Premises; (ix) no act or omission which would constitute a breachsell, or event which with passage of time, notice of either of them, would constitute a breach of any recorded documents; (x) no sale of any so-called "surplus" "Army and Navy," or "secondhand" goods or drug paraphernalia or "head-shop" goods, as those terms are generally used at this time and from time to time hereinafter, shall be conducted on or from the Demised Premises; and (xi) no use shall be made or permitted which conflicts with any recorded document or restrictive use covenant. Tenant shall not sell or permit to be kept, usedused or sold, displayed or sold in or about the Demised Premises: (a) pornographic or sexually explicit books, magazines, literature, films or other printed material, sexual paraphernalia, or other material which would be considered lewd, obscene or licentious, (b) any use article which may be prohibited by standard forms of fire Landlord’s insurance policies, . The sale or (c) any serving of alcoholic beverages unless expressly permitted by Section 1.11 hereofwithout Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and the management agent as additional insured is hereby prohibited. Tenant shall not use, or permit to be used, the Demised Premises, or any part thereof, for the installation or on-premises use of any vending machine, gaming machine or video or arcade game unless expressly permitted by this Lease. No use shall be made or permitted which conflicts with any recorded document. Tenant shall, at Tenant's sole cost, comply with any and all requirements, pertaining to the use of the Demised Premises, of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance, covering the building of which the Demised Premises are a part and appurtenances. In the event Tenant's use of the Demised Premises results in a rate increase for any building within the Shopping Center, or the parking and common areas, Tenant shall pay annually on the anniversary date of this Lease, as additional rent, a sum equal to that of the additional premium occasioned by said rate increase. Tenant shall not commit, commit or suffer to be committed, any waste upon the Demised Premises, or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant or occupant in the Building, nor, without limiting the generality of the Shopping Centerforegoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant agrees at all times to cause its operations on the Premises to be in compliance with all federal, state, local or municipal environmental protection agency health and safety laws, statutes, ordinances, and rules and regulations, so that no clean-up claim or other obligation or responsibility arises from a violation of any of the foregoing, and Txxxxx further agrees to promptly cure any such violation at its own expense, and shall furthermore defend and indemnify Landlord, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable attorneys’ fees and expenses), damages, responsibilities or obligations incurred as a result of any violation of any of the foregoing. Tenant shall notupon request of Landlord certify in writing that its operations are in compliance with applicable local, without Landlord's prior written consentstate and federal environmental rules, display or sell merchandise outside regulations, statutes and laws for the defined exterior walls and permanent doorways preceding year. At the request of the Demised Premises. Landlord, Tenant shall not conduct submit to the Landlord, or permit to be conducted shall make available for inspection and copying upon reasonable notice and at reasonable times, any sale or all of the documents and materials prepared by auction in, upon or from the Demised Premises, whether said auction be voluntary, involuntary, for Tenant pursuant to any assignment for the payment environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewith. However, Txxxxx shall immediately notify Landlord in writing, and provide copies of creditorsall written complaints, claims, citations, demands, or pursuant inquiries relating to any bankruptcy the condition of the Premises or other solvency proceeding nor display any "going out of business" or similar signcompliance with environmental laws at the Premises. Upon reasonable prior notice to Tenant, Landlord shall have reasonable access to the Premises to inspect the same to confirm that the Tenant is using the Premises in accordance with local, state and federal environmental rules, regulations, statutes and laws. Tenant shall, at the request of the Landlord and at the Tenant’s expense, conduct such testing and analysis as is necessary to ascertain whether the Tenant is using the Premises in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord shall not advertise, solicit business or give out literature or materials within the parking and common areas request that Tenant conduct such tests unless Landlord has a reasonable suspicion that Tenant may be in violation of the Shopping Center without foregoing rules, regulations, statutes and laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord's prior written consent’s reasonable approval. Copies of reports of any such tests shall be provided to the Landlord. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereof.

USES PROHIBITED. A. Tenant shall not use, do or permit the Demised Premises, or any part thereof, anything to be used for any purpose done in or purposes other than about the express purpose or purposes for Premises which the Demised Premises are hereby leased pursuant to Section 1.11 hereinabove or carry on its business other than under the trade name designated in Section 1.4. No use shall be made or permitted to be made of the Demised Premises, nor acts done, which is obnoxious to, out of harmony with, or objectionable to the development or operation of the Demised Premises and/or adjoining properties, including, without limitation, the following prohibited activities, occurrences and uses: (i) no merchandise shall be displayed or sold outside the enclosed building areas on the Demised Premises; nor shall any use other than parking and landscaping, be made of any outside areas; (ii) no solicitation of any kind, distribution or handbills or other materials, parading, rallying, patrolling, picketing, demonstrating or similar conduct shall be permitted outside the enclosed building areas on the Demised Premises; (iii) no loudspeakers or other sound which may be heard or experienced outside the enclosed building areas on the Demised Premises and no nuisance, incineration, during on or adjacent to the Demised Premises, explosion, obnoxious odor or obnoxious noise shall be permitted; (iv) no auction, fire, bankruptcy, going out of business or similar sale shall be conducted or advertised; (v) nothing shall be done which shall be injurious to the Demised Premises or adjoining properties or unlawful or contrary to public policy or to a law, ordinance, regulation or requirement of any public authority, or would constitute an extra hazardous use, or would violate, suspend or void any policy of insurance required to be carried on the Demised Premises or which would will increase the existing rate of insurance thereon; upon the Premises (vi) no use shall be made of the sidewalk area on the Demised Premises other than pedestrian movement; (vii) there shall not be permitted the use by the public, as such, of the Demised Premises or any part thereof without restriction or in such manner as might reasonably tend to impair the Landlord's title to the Demised Premises or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the public, as such, or of implied dedication of the Demised Premises or any part thereof; (viii) no act or omission of the unless Tenant shall permit pay any lien increased premium as a result of such use or encumbrance acts) or cause the cancellation of any kind whatsoever to attach to insurance policy covering the Demised Premises; (ix) no act premises or omission which would constitute a breachthe Parcel, or event which with passage of time, notice of either of them, would constitute a breach of any recorded documents; (x) no sale of any so-called "surplus" "Army and Navy," or "secondhand" goods or drug paraphernalia or "head-shop" goods, as those terms are generally used at this time and from time to time hereinafter, nor shall be conducted on or from the Demised Premises; and (xi) no use shall be made or permitted which conflicts with any recorded document or restrictive use covenant. Tenant shall not sell or permit to be kept, used, displayed used or sold in or about upon the Demised Premises: (a) pornographic Premises or sexually explicit booksthe Outside Area, magazines, literature, films or other printed material, sexual paraphernalia, or other material which would be considered lewd, obscene or licentious, (b) any use articles which may be prohibited by a standard forms form policy of fire insurance policiesinsurance. B. Tenant shall not do or permit anything to be done in or upon the Premises or the Outside Area, which will in any way obstruct or interfere with the rights of other tenants or occupants of the Parcel or injure or annoy them or use or allow the Premises to be used for any unlawful or objectionable purpose nor shall Tenant cause, maintain or permit any nuisance in or upon the Premises, or (c) any alcoholic beverages unless expressly permitted by Section 1.11 hereofthe Outside Area. Tenant shall not use, or permit to be used, the Demised Premises, or any part thereof, for the installation or on-premises use of any vending machine, gaming machine or video or arcade game unless expressly permitted by this Lease. No use shall be made or permitted which conflicts with any recorded document. Tenant shall, at Tenant's sole cost, comply with any and all requirements, pertaining to the use of the Demised Premises, of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance, covering the building of which the Demised Premises are a part and appurtenances. In the event Tenant's use of the Demised Premises results in a rate increase for any building within the Shopping Center, or the parking and common areas, Tenant shall pay annually on the anniversary date of this Lease, as additional rent, a sum equal to that of the additional premium occasioned by said rate increase. Tenant shall not commit, commit or suffer to be committed, committed any waste in or upon the Demised PremisesPremises or the Outside Area and Tenant shall keep the Premises in a clean, attractive condition, free of any objectionable noises, odors or dust. C. Tenant shall not use the Premises or the Outside Area, or permit anything to be in or about the Premises or Outside Area which will in any nuisance way conflict with any Laws, statute, zoning restriction, ordinance, governmental rule, regulation, or other act requirements now in force or thing which may disturb the quiet enjoyment of any other tenant hereafter be enacted or occupant of the Shopping Centerpromulgated. Tenant shall at its sole cost and expense promptly comply with all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may hereafter be in force and with requirements of any board or fire underwriters or other similar body ("Underwriter's Requirement") now or hereafter constituted relating to or affecting the condition, use or occupancy of the Premises. The judgment of any court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether Landlord is a party thereto or not, without Landlord's prior written consentthat Tenant has violated any law, display statute, ordinance or sell merchandise outside the defined exterior walls governmental rule, regulation or requirement, shall be conclusive of that fact as between Landlord and permanent doorways of the Demised Premises. Tenant shall not conduct or permit to be conducted any sale by auction in, upon or from the Demised Premises, whether said auction be voluntary, involuntary, pursuant to any assignment for the payment of creditors, or pursuant to any bankruptcy or other solvency proceeding nor display any "going out of business" or similar sign. Tenant shall not advertise, solicit business or give out literature or materials within the parking and common areas of the Shopping Center without Landlord's prior written consentTenant.