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business, including, but not limited to, the exercise of all of the rights and remedies Landlprd has ,available under its· lease with such other tenant or occupant of the Center. Without limiting the foregoing, no later than thirty (30) days following the receipt of notice of the situation creating such loss, damage or destruction to Tenant's property or disturbance to Tenant's business, Landlord shall commence (and thereafter diligently prosecute to completion) reasonable measures to remedy such situation. Landlord's Work includes the creation of a "sound envelope" around the perimeter of the Premises in accordance with the performance specifications required to obtain a "THX Certification" for the Premises. Landlord covenants and agrees that the noise and sound levels emanating from any premises or facilities located in the Building and discernible in the Premises shall not exceed 50 decibels (measured from anywhere within the Premises). In the event that any noise sound or vibration emanating from other premises in the Building are discernible within the Premises in excess of 50 decibels, then for so long as the disruption continues Tenant 1, shall be entitled to pay Alternate Rent (only) in lieu of Rent otherwise due hereunder, in accordance with Section 4.7. The parties agree that, absent manifest error, the determination by' Salter and Associates, Acoustical Engineers, with regard to the compliance or non-compliance with the requirements of this paragraph shall be conclusive and binding on the parties. . Section 9.5 Failure to Maintain. If Landlord shall fail to maintain the Center in accordance with this Lease after notice to Landlord and the expiration of any applicable. cure period (and if no cure period is otherwise set forth herein, the expiration of a reasonable period of time after such noticc), and if such failurc materially interferes with the conduct of Tenant's business within the Premises or the use and enjoyment of the Common Areas by Tenant and Tenant's employees, patrons and invitees, Tenant shall be entitled to an equitable abatement of Annual Base Rent during the period of such failure, based on the reduction of Tenant's Gross Sales. In addition to the abatement, Tenant shall have the right to recover any other damages that it may suffer due to such failure. Any disputes between Landlord and Tenant as to the materiality of any failure to maintain or the amount of abatement of Base Rent shall be resolved pursuantto Section 18.5 below. Section 9.6 Repairs Generallv. Subject to Sections 7.5. 7.6 and 7.7, if damages to any of the items required to be maintained, repaired or replaced by either party hereunder are caused by the negligent or willful act or omission of the other party (or such other party's agents, contractors, servants or employees), or the breach of this Lease by the other party, then such other party shall be responsible for (and shall pay upon demand) the cost of repairing such damage. Except as expressly provided herein to the contrary, neither party shall be obligated pursuant to this Article 9 to make or pay for any repairs alterations, replacements or maintenance of any items or property installed by the other party. Section 9.7 Self-Help Rights Generallv. Notwithstanding anything to tlle contrary contained in this Article 9, neither Landlord nor Tenant shall exercise its so-called "self-help" rights under this Article 9 if the party responsible for the applicable maintenance or repair (or any person or entity acting on behalf of such party hereunder, including (without limitation) a mortgagee or other lender of such party) undertakes the required remedial action within the applicable time periods specified above and thereafter diligently prosecutes such remedial action to completion. Any notice from Tenant to Landlord hereunder shall. also be served upon each " 41 CHG02:3091375.v8 . . . -",.........