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ARTICLE 13 USE Section 13.1 Permitted Use. Tenant shall initially open and operate the Premises for the following purposes (collectively, the "Permitted Use"): (A) primarily as an entertainment and/or motion picture theater complex (the "Theater"), comparable to other first-class motion picture theater operations in the Metropolitan Area, emphasizing the exhibition of so-called first- time presentations of movies in general release (but not to the exclusion of other film presentations, such as encore presentations of previously issued movies promoted in a manner similar to first time presentations of movies and in general release, special presentations of reissued movie classics, art and independent films and movie festival presentations), and as a public auditorium for use for style shows, telecasts, meetings, presentations of motion pictures (of the quality described above in this Section) and other public presentations and entertainment; and (B) for uses ancillary to such primary use, including, but not limited to: (i) the preparation " and sale of food, beverages and refreshments primarily intended for consumption on the., Premises; (ii) the sale of video cassettes, compact discs, digital audio tapes and other audio and/or visual recorded media; (iii) the sale of records, books, magazines, clothing, memorabilia, toys and novelties; and (iv) the use of electronic video, arcade and game machines. Except as otherwise shown on or inferable from Tenant's plans for the initial construction of the Theater, as approved by Landlord in accordance with the Work Letter attached hereto as Exhibit D. the Theater initially shall contain approximately 73,000 - 75,000 square feet of Net Leasable Floor Area, ~pproximately 20 auditoria and approximately 4,200 theater seats. Tenant shall use commercially reasonable efforts to open for business in the Theater on the Commencement Date or as soon thereafter as is practicable. Landlord acknowledges that the Term is long in duration and that the motion picture theater and entertainment industries are competitive and dynamic in nature and are subject to constantly changing teclmology and ideas, and that in order to remain competitive, subject to Tenant's obligation to use commercially reasonable efforts to initially open and operate the Premises for the Permitted Use (as defined in the first sentence 'of this Section 13.1), Tenant shall be allowed to alter, eliminate or add to the mix of motion pictures exhibited and products or services sold at the Premises as part of the Permitted Use. Subject to Tenant's obligation to initially open and operate the Premises for the Permitted Use (as defined in the first sentence of this Section 13.1), nothing in this Section is intended to preclude Tenant from using the Premises for any use which is from time to time consistent with industry trends for first-class entertainment and/or motion picture theater complexes within the Metropolitan Area, provided such uses comply with all Applicable Laws and provided further that such uses are not materially incompatible with the operation of the Center as a first-class retail shopping center. In addition, Tenant shall have the right after the initial opening and operation of the Premises for the Permitted Use (as defined.in the first sentence of this Section 13 .1), to occupy and use the Premises for any other first-class use or first-class uses which are permitted under Applicable Laws; provided, however, that Tenant shall not use the Premises for any use or purpose (other than the Permitted Use described above) which is materially incompatible with the operation of the Center as a first-class retail shopping center or which would constitute a breach or violation of any bona fide "exclusive use" previously (i.e., prior to the date Tenant .- 47 CHG02:3091375.v8 . ." -...."...-