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02/09/23
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02/09/23
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EXHIBIT C <br />USE RESTRICTIONS <br />Seller hereby covenants and agrees that it will not lease, rent, sell or otherwise permit to be <br />owned, controlled, leased, used or occupied any portion of Seller's Residual for any of the uses <br />set forth in items (a) through (cc) below: <br />(a) a Retail Grocery Store. The term "Retail Grocery Store" means a supermarket, a meat <br />market, a grocery store, a fruit and vegetable store or stand, a frozen or otherwise <br />processed food store, and any other store where more than 1,500 square feet (including <br />adjacent aisle space) is used for the sale or display of grocery items. "Retail Grocery <br />Store" shall also include the operation of a grocery pick-up service (e.g. Clicklist, Curbside <br />Pickup or similar service) anywhere within the Overall Parcel, whether or not the premises <br />from which the service is offered is also used for the sale and display of grocery items. <br />"Retail Grocery Store" does not include a delicatessen or any restaurant wherein prepared <br />food is sold for on -premises or "take-out" consumption; <br />(b) a business selling alcoholic beverages for on -premises consumption except for a <br />restaurant with sit down table service as its primary operation in which the sale of alcoholic <br />beverages does not exceed 50% of its gross sales; however, this restriction shall not <br />prohibit a Tap Room, Brewery or Brew Pub; <br />(c) any establishment which stocks, displays, sells, rents, or offers for sale or rent any <br />merchandise or material commonly used or intended for the use with or in consumption of <br />any narcotic, dangerous drug, or other controlled substance (provided that the foregoing <br />is not intended and shall not be construed to prohibit a drug store); any store or operation <br />where the sale of cannabis (including marijuana) or cannabis derivatives and related <br />products exceeds 50% of such store or operation's gross sales; <br />(d) adult book store, an establishment selling or exhibiting pornographic materials (provided <br />that this restriction shall not prohibit sales by national book retailers such as Barnes and <br />Noble) or any form of adult entertainment or an operation whose principal use is an exotic <br />dancing and/or massage parlor (provided this restriction shall not prohibit massages in <br />connection with a beauty salon, health club or athletic facility, or a national massage chain <br />such as Massage Envy); <br />a pool or billiard hall; arcade; <br />night club or dance club; <br />movie theater or cinema; <br />gym or health club greater than 5,000 square feet; <br />school or learning center having more than thirty students at any one time, <br />children's play or party center; trampoline center; laser tag operation; skating rink; bowling <br />22 <br />B: <br />S: <br />
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