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and Aldi shall have no parking easement or other rights with respect to, that portion of the City
<br />Property referred to herein and depicted on the Site Plan as "City's Exclusive Parking Area", it
<br />being the agreement and intent of Aldi and City that City shall have the sole and exclusive use of
<br />City's Exclusive Parking Area. Except as set forth in this Section 1.05, no easement for vehicular
<br />parking upon, over and across the City Property is granted by this Agreement.
<br />1.06. visibility Easement to Aldi. Subject to the terms and conditions set forth in this
<br />Agreement, City hereby grants and conveys to Aldi, its successors and assigns, as an easement
<br />appurtenant to the Aldi Property, a perpetual, non-exclusive easement for maintaining the visibility
<br />of Aldi's building and signage on the Property within that portion of the City Property depicted on
<br />the Site Plan and referred to herein as the "No -Build Area". City shall not (and shall not permit
<br />any other person to), without Aldi's prior written consent, within the No -Build Area, construct,
<br />erect, or install any permanent or temporary buildings, structures or other improvements, except
<br />for curbs, light poles, paving, signage, landscaping and street signage.
<br />ARTICLE II
<br />RP_qtrirtinn_q
<br />2.01. Use Restrictions on City Property. City hereby covenants and agrees, for itself
<br />and, its respective successors and/or assigns, that it will not lease, rent, sell or use, or permit the
<br />use of, the City Property, for any of the prohibited uses set forth on Exhibit D, attached hereto and
<br />made a part hereof.
<br />2.02. Aldi's Exclusive Use. City, for itself, its successors and assigns, covenants and
<br />agrees, and hereby declares and imposes on City Property, for the benefit of the Aldi Property,
<br />that the City Property shall not be leased, rented, sold or otherwise permit to be owned, controlled,
<br />leased, used or occupied for the operation of a Retail Grocery Store. The term "Retail Grocery
<br />Store" means a supermarket, a meat market, a grocery store, a fruit and vegetable store or stand,
<br />a frozen or otherwise processed food store, and any other store where more than 1,500 square
<br />feet (including adjacent aisle space) is used for the sale or display of grocery items. "Retail
<br />Grocery Store" shall also include the operation of a grocery pick-up service (e.g. Clicklist,
<br />Curbside Pickup or similar service) anywhere within the City Property, whether or not the premises
<br />from which the service is offered is also used for the sale and display of grocery items. "Retail
<br />Grocery Store" does not include a delicatessen or any restaurant wherein prepared food is sold
<br />for on -premises or "take-out" consumption
<br />ARTICLE III
<br />Intentionally Deleted.
<br />ARTICLE IV
<br />Insurance; Indemnification
<br />4.01. Insurance. Each Party shall, at its own expense, obtain, carry and keep in force
<br />commercial general liability insurance against any liability or claim for personal injury, wrongful
<br />death or property damage for which the Party is responsible to the other under this Agreement or
<br />by law, with financially responsible insurers authorized to transact insurance business in the State
<br />in which the Overall Parcel is located, with a combined single limit of not less than $2,000,000-00
<br />per occurrence. Such insurance shall include all of the coverage typically provided by the Broad
<br />Form Comprehensive General Liability Endorsement. Such insurance may be written by
<br />additional premises endorsement on any master policy of insurance which may cover other
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