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<br />1.
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<br />PERMITTED AND PROHIBITED USES
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<br />No Tract or portion of the Subject Property shall be used for any purposes, except for office,
<br />research and/or development, retail (subject to the further limitations herein contained), commercial,
<br />commercial processing, servicing, light industrial, manufacturing, retail sales of industrial products by
<br />manufacturers thereof or by manufacturer's representatives, warehousing or distribution purposes and
<br />services ancillary to such uses, or any combination of such uses, and heavy industrial if approved by
<br />Developer in writing. No use shall be permitted which (1) is offensive by reason of odor, fumes, dust,
<br />smoke, noise, vibrations, radiation, radio interference or pollution, (2) is hazardous by reason of excessive
<br />danger of fire or explosion, (3) otherwise constitutes a nuisance, (4) is dangerous or unsafe, (5) would
<br />injure the reputation of the Subject Property, or (6) is in violation of any city, county, state or federal law,
<br />regulation or ordinance.
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<br />The following uses shall not be permitted in or on any portion of the Subject Property: (1) any
<br />distilling, refining, smelting, meat, poultry or fish processing plant, agricultural or mining operation; (2) any
<br />mobile home park, trailer park, labor camp, or stockyard (except this provision shall not prohibit the
<br />temporary use of construction trailers during periods of construction, reconstruction or maintenance); (3)
<br />junk yard, scrap metal yard or waste material business, sales in bulk of junk, automobile wrecking yard,
<br />salvage yard, asphalt plant, any storage, dumping, disposal, incineration or reduction of hazardous waste,
<br />garbage or refuse, bus station, any fire or bankruptcy sale or auction house operation, or as an airport. (4)
<br />any mortuary or funeral home; (5) school, church or governmental office (other than a research or
<br />development or business office that does not have customers); (6) any drilling, refining, quarrying or
<br />mining operations of any kind, (7) any establishment whose primary business is the sale or rental or
<br />display of sexual materials or drug related paraphernalia or whose primary business is providing any adult
<br />only or sexually oriented service or product including, but not limited to, massage parlors, topless
<br />establishments, any "adult" bookstore or "adult" movie theater; (8) any flea market, bowling alley,
<br />nightclub, bar, lounge, tavern, theater, amusement park or video arcade; provided, however, that this
<br />prohibition shall not prohibit placement of video machines that are incidental to the conduct of a permitted
<br />business at the Subject Property; and (9) any gaming facility or operation including, but not limited to, off-
<br />track or sports betting parlor, table games such as blackjack, poker, slot machines, video poker,
<br />blackjack, keno machines or similar devices or bingo hall. Notwithstanding the foregoing, this prohibition
<br />shall not apply to any government-sponsored gaming activities or charitable gaming activities so long as
<br />such governmental or charitable activities are incidental to the business being conducted by the occupant
<br />of that portion of the Subject Property and do not occur regularly.
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<br />The use of any portion of the Subject Property by any Owner shall be subject to all laws,
<br />regulations, codes and ordinances of all applicable governing authorities, including, without limitation, any
<br />zoning ordinances. In the event of any conflict between the terms of this Declaration and the terms of any
<br />such law, code, regulation or ordinance, then the provisions of this Declaration or any law, code,
<br />regulation or ordinance which is stricter shall govern.
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<br />2.
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<br />ARCHITECTURAL CONTROL
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<br />A. Plan for Development. The plan for the development of the Subject Property
<br />contemplates the centralization of architectural control to enhance, insure and protect the attractiveness,
<br />beauty and desirability of the Subject Property as a whole. It is accordingly covenanted and agreed that
<br />(i) no building, structure or any appurtenances thereto of every type or kind, including, without limitation,
<br />patios, patio covers, awnings, painting of any exterior surfaces of any visible structure, additions,
<br />sidewalks, walkways, sprinkler pipes, drives, driveways, parking areas, fences, roofs, screening, walls,
<br />retaining walls, stairs, decks, fixtures, poles, exterior tanks, solar energy equipment, exterior air
<br />conditioning fixtures and equipment, exterior lighting, radio, conventional or cable or television antenna or
<br />dish, microwave television antenna and/or landscaping (collectively herein referred to as the
<br />"Improvements") shall be commenced, erected, constructed, placed, or maintained upon any portion of
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<br />H-Final Version of Declaration of Protective Covenants and Easements(620880_ 4).DOC 2
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