3717 King Hwy
Kalamazoo, MI 49048
3717 King Hwy · Industriel Propriété À vendre

SALE SUBJECT TO RESTRICTIVE COVENANT ON FUTURE USE
Neither the Property nor any portion thereof shall be used as, and Buyer specifically covenants with Seller not to directly or indirectly use the Property or any portion thereof, as or to permit the Property or any portion thereof to be used for: i) a full service vehicle leasing and/or a commercial or consumer vehicle rental facility (ii) the provision of third party logistics services, (iii) third party vehicle maintenance; provided, however, and for avoidance of doubt, this restriction shall not apply to maintenance of Buyer’s own vehicles; or (iv) the sale of used vehicles, in any case by Buyer or its successors or assigns, or by any of their respective tenants, employees, affiliates, or independent contractors, or any of their respective successors or assigns, for a period of seven (7) years from the date of this Deed (the “Restrictive Covenants”), at which time (provided Buyer is not then in breach of such restriction) such Restrictive Covenants shall terminate and be of no further
effect.
The Restrictive Covenants are made for the benefit of Seller, its affiliates, successors, and assigns (the “Seller Parties”). The Seller Parties are specifically given the right to enforce the foregoing Restrictive Covenants by injunction or other legal or equitable proceeding, and to recover damages (including without limitation reasonable attorneys' fees) resulting from any violation hereof. If any of the Restrictive Covenants, or any part thereof, is held by a court of competent jurisdiction or any foreign, federal, state, county or local government or other governmental, regulatory or administrative agency or authority to be invalid, void, unenforceable or against public policy for any reason, the remainder of the Restrictive Covenants shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and such court, government, agency or authority shall be empowered to substitute, to the extent enforceable, provisions similar thereto or other provisions so as to provide to the Seller Parties, to the fullest extent permitted by applicable law, the benefits intended by such provisions.