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of its intention to terminate this Lease. Landlord's failure to exercise its rights to terminate this Lease shall
<br /> not be deemed to constitute a consent to any proposed assignment or subletting by Tenant. If Landlord elects
<br /> • to terminate this Lease, Tenant shall, on or before the termination date determined under the immediately
<br /> preceding sentence, vacate and deliver to Landlord possession of that portion of the Premises subject to
<br /> Landlord's termination. Upon termination by Landlord,Landlord may,at Landlord's option,enter into a new
<br /> lease covering all or a portion of the Premises to be vacated by Tenant
<br /> In such event, Tenant shall not be
<br /> entitled to any portion of the profit, if any,which Landlord may realize on account of such termination and
<br /> reletting. From and after the date of such termination of this Lease,Tenant shall have no further obligation
<br /> to Landlord with respect to the portion of the Premises subject to termination, except for matters occurring
<br /> or obligations arising prior to the effective date of such termination. If Landlord elects not to terminate this
<br /> Lease within the time herein specified and if Landlord thereafter consents to Tenant's request to assign or
<br /> sublet, then Tenant shall within thirty (30) days following notification of Landlord's consent, in a form and
<br /> subject to terms acceptable to Landlord, assign or sublet to the named assignee or subtenant an the torms
<br /> 1—an-d-I a-r-d-n f a p;o pg6Cd ag 6;gAM C R t g;Sabi@ ging 0 f 0 Bly a p@Aj o a (and no4 all)Q9 t It a Prom;r.es,and La n d 1
<br /> sublet said poAiloa elf the Rmmim, in--hrh 0''904 th@ P;Gpg6a! --h-all-1 hfik V-dt11dFaVM, tho Landln;d's mlact*__
<br /> B. Landlord's Consent to Assignments.
<br /> (1) In connection with any subletting or assignment of this Lease as to which Landlord
<br /> may not unreasonably withhold consent,Landlord may consider all relevant factors,and it is expressly
<br /> agreed by Tenant that it shall be reasonable for Landlord to withhold its consent if any one of the
<br /> following applies:
<br /> • (a) in Landlord's reasonable business judgment, the sublessee or assignee is of a
<br /> character or reputation or engaged in business which is not consistent with the then
<br /> existing character and quality of the Shopping Center;
<br /> (b) in Landlord's reasonable business judgment,the sublessee or assignee lacks sufficient
<br /> experience in the business to operate a successful business at the Premises;
<br /> (G) the not 'AM-Mb of the sublessee or- assignee &S Of 1118 dat$ &118 HO&O Of-th@ PFOPOS@d SUblettin
<br /> (dUc the sublessee or assignee proposes to use the Premises for other than retail sales or
<br /> service;
<br /> (d) in no event shall any of the followine uses be permitted:
<br /> (i) any operation primarily used as a warehouse operation and any assembling
<br /> or manufacturing operation;
<br /> (ii) any second-hand store,government-surplus store,flea market,salvage store,
<br /> or auction house;
<br /> (iii) any dumping, disposing, incineration, or reduction of garbage (exclusive of
<br /> garbage compactors or containers located in the rear of any building);
<br /> • (iv) any central laundry, dry cleaning plant, or laundromat; provided, however,
<br /> this prohibition shall not be applicable to on-site service oriented to pickup
<br /> and delivery by the ultimate consumer, including nominal supporting
<br /> facilities, as the same may be found in retail shopping districts in the
<br /> metropolitan area where the Shopping Center is located;
<br /> (v) any automobile, truck, trailer,or recreational-vehicle sales, leasing,display,
<br /> repair, or car wash;
<br /> (vi) any place of amusement or recreation, such as a movie theater, bowling
<br /> alley, pool or billiard parlor, amusement or video arcade, game room,
<br /> exercise facility, gymnasium, health spa or club, massage parlor, dance
<br /> studio, discotheque, dance hall, or skating rink;
<br /> 326559.8 Redlined V8 to V7 9-27-% 18
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