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begins such use) granted by Landlord to another retail tenant or occupant of the Center that is, in ,fact, using its premises primarily for such "exclusive use" (and Landlord shall identify all such "exclusive uses" at the request of Tenant from time to time). If there is any dispute between Landlord and Tenant under this Section 13.1, such dispute shall be resolved by arbitration in accordance with the procedures set forth in Section 18.5. The lobby of the Premises shall or may (at Tenant's sole option) include a café or bistro area in which food and beverages (including alcoholic beverages, if Tenant is able to obtain a liquor license for the Premises) are prepared, sold and served for on-Premises consumption. Landlord shall cooperate with Tenant (at no cost or expense to Landlord)in Tenant's efforts to obtain from the City any and all permits and licenses allowing for the sale of beer, wine and alcoholic beverages in the Premises. Landlord acknowledges that Tenant's intended use of the Premises may involve the generation of sound and noise within the Building and the emanation ., of cooking odors from within the Building which may be discernible outside the Premises. " Tenant shall not be responsible for any disruption or interference with the businesses conducted" by other occupants of the Building caused by the emanation of such sounds (or inaudible vibrations) from the Premises which are produced in the ordinary conduct of Tenant's business, unless such use constitutes a nuisance or a violation of Applicable Laws. In no event shall any sound, noise or odors be originated by Tenant outside of the exterior walls of the Building in any manner that unreasonably interferes with the quiet enjoyment of other premises within the Center. Landlord also acknowledges that sounds and noises (or inaudible vibrations) or cooking odors originating from outside of the Premises and discemable within the Premises (including, without limitation, sounds, noises and vibrations from the railroad/subway adjacent to the Building) would materially interfere with the Tenant's use of the Premises. Accordingly, Landlord's Work shall include (i) soundproofing on the demising walls and floor of the Premises in accordance with Section 9.4 and the Work Letter, and (ii) the HV AC system serving the other premises in the Building shall be adequate to remove all offensive odors from the Building. Section 13.2 Exclusive Use. Landlord will not sell, rent, use or permit to be used any land or space in the Center (other than the Premises), or on any other land adjoining any part of the Center which is owned or controlled by Landlord or a Landlord Affiliate, for use as a motion picture theater or for the commercial exhibition of motion pictures, films, videos or images induding, without limitation, so-called specialty theaters (e.g., I-Max, 1- Works and Showscan-type theaters, and ride/simulator theaters), provided that the foregoing shall not prevent Landlord from permitting style shows, private or public meetings or exhibits in other buildings of the Center so long as motion pictures are not shown as a part of such shows, meetings, or exhibits. To the extent permissible under Applicable Law, Landlord covenants not to allow any tenant whose lease was executed prior to the date of this Lease to operate a motion picture theater. The provisions of this Section 13.2 shall be included in the Memorandum of Lease and recorded against the entire Center. Section 13.3 City Non-Compete. Landlord shall use all commercially reasonable efforts to obtain, by the commencement of Tenant's Work Period or as soon thereafter as possible, the agreement of the City not to participate in, nor finance or subsidize (including, without limitation, by tax abatement, tax increment financing, land contributions or erection of " 48 CHG02:3091375.v8 . . . ,-~ ,...