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(vii) any auditorium,meeting hall,school or other place of public assembly,bar,
<br /> off-track betting business, bingo or game of chance business;
<br /> • (viii) any living quarters, sleeping apartments, or lodging rooms;
<br /> (ix) any veterinary hospital or animal raising facilities;
<br /> (x) any mortuary-,
<br /> (xi) any establishment that derives a substantial portion of its revenue from the
<br /> sale, rental, or exhibition of books, periodicals, films, videotapes, or other
<br /> materials that are obscene or pornographic;
<br /> (xii) any bar, tavern, restaurant or night club;
<br /> (xiii) any health care facility, such as a clinic, medical office, dental office,
<br /> chiropractic office, or optometric office;
<br /> (xiv) any unlawful or illegal purpose;
<br /> (xv) any use that is a public or private nuisance;
<br /> (xvi) any supermarket,convenience food market,meat market or department,fish
<br /> and seafood market or department,grocery market or department,vegetable
<br /> produce market or department,fruit produce market or department,bakery
<br /> or bakery department, dairy store or department, or any other store or
<br /> business establishment selling food at wholesale;
<br /> • (xvii) any facility for the sale of health and beauty products,including prescription
<br /> drugs and medications; and
<br /> (f) the subletting or assignment would in Landlord's reasonable judgment breach any
<br /> covenant or agreement binding on Landlord, Tenant, the sublessee, the assignee or
<br /> the Shopping Center in respect of radius,location,use or exclusivity or other matter
<br /> in any other lease, financing agreement, recorded document or other agreement
<br /> (including without limitation the Private Restrictions),or under any Applicable Laws.
<br /> The foregoing list of considerations is not intended to be complete or limiting and Landlord may
<br /> review and consider any other matters relevant to its determination. Tenant acknowledges and agrees
<br /> that the obligation of Landlord to act reasonably with respect to subletting and assignments under
<br /> Article 16A and B hereof are appropriate and reasonable,given the respective interests of Landlord
<br /> and Tenant in the Premises. Landlord may impose reasonable conditions in respect of any consent
<br /> under Article 16A and B.
<br /> (2) The rights and interests of Tenant under this Lease shall not be assignable by
<br /> operation of law without Landlord's prior written consent, which consent may be withheld in
<br /> Landlord's absolute discretion. Any assignment, transfer or subletting or purported assignment,
<br /> transfer or subletting except as specifically permitted in accordance with this Article 16B shall be null
<br /> and void and of no force and effect.
<br /> C. Landlord's Interest. Landlord's rights to assign this Lease are and shall remain unqualified. Landlord
<br /> shall have the right upon reasonable advance notice to Tenant and when accompanied by Tenant's personnel,
<br /> to exhibit the Premises to prospective purchasers. Landlord shall have the right to sell or transfer the
<br /> • Premises, Subject Parcel and/or Shopping Center, subject to the provisions of this Lease. Upon any
<br /> conveyance or transfer of the Premises, Landlord shall thereupon be entirely free of all obligations of the
<br /> Landlord hereunder arising or accruing after such conveyance or transfer and Landlord shall not be subject
<br /> to any liability resulting from any act or omission or event occurring after such conveyance or transfer. Upon
<br /> the conveyance or other transfer of Landlord's interest in this Lease, Tenant agrees to recognize and attorn
<br /> to such transferee as Landlord,provided the transferee assumes all obligations of Landlord under this Lease
<br /> thereafter arising or accruing,and Tenant further agrees to execute and deliver a recordable instrument setting
<br /> forth the provisions of this paragraph. Landlord's parent,First Bank National Association,a national banking
<br /> association, shall have no liability or obligations of any kind whatsoever under this Lease.
<br /> ARTICLE 17: CONDEMNATION
<br /> A- Definitions.
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