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(E) Prohibited Activities: Notwithstanding any other provision contained in this
<br /> Agreement, Developer shall not assign, lease, sell, transfer, use, or make available in any way to
<br /> any person and/or entity engaged in any of the activities described below, any space, whether
<br /> business or residential, in or on the Adjacent Land and/or within the Collateral Development:
<br /> (1) The sale, display and/or distribution of any products and/or services which
<br /> involve nude performances or services (including, without limitation, establishments with
<br /> nude or partially nude waiters, waitresses, and dancers, and massage parlors), the sale,
<br /> display, or dissemination of pornography (including, without limitation, by means of adult
<br /> bookstores, telephone services, and/or on-line interactive services), any activities involving
<br /> graphic violence, any activity involving any form of racial, sexual, and/or religious
<br /> discrimination, and/or the sale, display, distribution, or dissemination of any materials or
<br /> editorial content which would be deemed lewd, immoral, tasteless, lascivious, grotesque
<br /> and/or offensive by a reasonable segment of the population in the community of Vero
<br /> Beach, Florida, and/or would undermine the character, reputation, and/or goodwill of
<br /> Dodgers or their standing in the community.
<br /> (2) Any activities which involve gambling, including, without limitation,
<br /> casinos, off-track betting, sports books, and bingo parlors. With respect to the Florida State
<br /> Lottery, or any other state-run lottery, Developer shall abide by the Rules of Major League
<br /> Baseball, including, without limitation, the memoranda of March 6, 1985, November 18,
<br /> 1985,November 14, 1990, and March 6, 1995, as amended and supplemented.
<br /> (F) Maintenance and Repair Obligations of Developer: Developer, at no cost to
<br /> Dodgers, and subject to the provisions of this Agreement regarding architectural approval, shall
<br /> be responsible for maintaining, repairing, replacing, and restoring the Adjacent Land and the
<br /> Collateral Development, including, without limitation, all "Improvements" (as defined in
<br /> Section 2(A), below), in a neat, sanitary, attractive, and functional condition.
<br /> Section 2. Architectural Review and Approval
<br /> (A) Architectural Review and Approval: It is the intention of the parties that the
<br /> ambiance and tradition of Dodgertown be incorporated into the Collateral Development in such a
<br /> way as to create a uniform look and feel for both the Collateral Development and the Baseball
<br /> Facilities. Toward that end, Developer agrees that the architectural design of all improvements
<br /> constructed on the Adjacent Land in connection with the Collateral Development shall be
<br /> compatible with the design and construction of the Baseball Facilities and the ambiance and
<br /> tradition which have defined Dodgertown for the past fifty years. Accordingly, no improvement,
<br /> structure, or other artificially created condition of any type and kind, including, without
<br /> limitation, all buildings, out-buildings, walkways, roads, streets, driveways, parking areas,
<br /> fences, screening walls, landscaping, hedges, plantings, planted trees and shrubs, poles, street
<br /> signs, building signs, and any other signs (hereinafter referred to as the"Improvements"), shall
<br /> be constructed, erected, maintained, altered in any manner, or replaced on the Adjacent Land,
<br /> until Dodgers have reviewed and approved the "Site Plan Application" to be submitted by
<br /> Developer to the City as part of the permitting process. The Site Plan Application shall include,
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