Restricted use
means the operation of a store whose primary business is thesale of bulk candy (has more than 10% of its floor area dedicated to bulk candy sales). "CompetingBusiness" shall mean a business not affiliated with Tenant which uses its premises in the ShoppingCenter for the Restricted Use, specifically excluding:(a) any business occupying its premises directly or (as an assignee, sublessee, licensee orconcessionaire) indirectly under a lease that was executed prior to the execution of this Lease but isin effect as of the date of this Lease (a "Prior Lease"), a renewal or extension of a Prior Lease, or anew lease that is executed by a business which leased or occupied premises in the Shopping Centerdirectly or indirectly under a Prior Lease except that Landlord shall not amend any such lease orotherwise allow any such tenant or occupant to violate these rights if any such tenant or occupantdoes not otherwise have the right to do so currently in the Prior Lease;(b) any anchor or variety and specialty store, theatre, drug or grocery store or any portion of theShopping Center not controlled by Landlord;(c) any business which incidentally engages in the Restricted Use (i.e., less than 10% of its floor areais dedicated to bulk candy sales);(d) any tenant or occupant operates in violation of the terms hereof and in violation of the terms ofsuch tenant's or occupant's lease or occupancy agreement (a "Rogue Tenant"), then Landlord shallnot be in breach of its covenants so long as Landlord shall use commercially reasonable, good faithefforts to cause such Rogue Tenant to cease such operations; provided, however, if such RogueTenant has not ceased such operations within sixty (60) days after the date Tenant provides writtennotice to Landlord of such violating operation ("Rogue Tenant Cure Period"), then Tenant shall havethe same rights as provided above to thereafter pay Reduced Rent and to terminate this Lease;provided, however, Landlord shall not be required to reimburse Tenant for the unamortized amountof Tenant's leasehold improvements; and(e) any chocolatier (such as Godiva, Rocky Mountain, etc.).This Reference Provision 1.28 shall automatically become null and void if:(a) Tenant is in default under this Lease beyond any applicable notice and cure period and as a resultthereof, this Lease is terminated;(b) Tenant assigns its rights under this Lease in whole or in part or sublets all or any portion of theLeased Premises to any assignee or subtenant that requires the ...
