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EXHIBIT D <br />Use Restrictions <br />(a) [Intentionally Deleted] <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 />(e) a pool or billiard hall; arcade; <br />M night club or dance club; <br />(g) movie theater or cinema; <br />(h) gym or health club greater than 5,000 square feet; <br />(i) school or learning center having more than thirty students at any one time, <br />(j) children's play or party center; trampoline center; laser tag operation; skating rink; bowling <br />alley; race track; go-karting track; <br />(k) telemarketing; polling and surveying center; office use (other than office uses within and <br />ancillary to a permitted retail use); <br />(1) an abortion clinic; Planned Parenthood; <br />(m) a pet store; except, however, a national pet store (e.g., Petsmart or Petco) shall be <br />permitted if the location of such use is not adjacent to the Aldi Property; <br />(n) an auto repair shop (provided, however, a retail auto supply store that does not perform <br />repairs shall be permitted); the sale of used automobiles; <br />(o) a mobile home park; trailer court (except that this provision shall not prohibit the temporary <br />use of construction trailers during any periods of construction, reconstruction or <br />17 <br />