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public facilities for) any motion picture theater within the City, so long as the Premises are used primarily for the Permitted Use described above (and for periods when Tenant is unable to so use the Premises as a consequence of Force Majeure, as defined below). Section 13.4 Prohibition of Use. If at any time during the Term (for reasons other than the actions or negligence of Tenant), due to Landlord's actions or negligence, it shall become illegal to operate a motion picture theater complex within the Premises, Tenant may terminate the Lease unless Landlord can enjoin or repeal the Applicable Law within ninety (90) days after Tenant notifies Landlord and each Mortgagee of its passage. If such prohibition shall occur, Base Rent and all other charges payable by Tenant under this Lease shall be fully abated from the date the prohibition becomes effective until the Lease is terminated. The foregoing provisions of this Section 13.4 shall not apply at any time from and after the date that Tenant changes the Primary Use of the Premises to any use other than the Permitted Use identified above, regardless of whether Tenant subsequently changes the use back to a motion picture theater. Section 13.5 Food Sales. Landlord will not sell or suffer or permit to be sold bulk candy or prepared popcorn or frozen carbonated beverages anywhere within or from the Common Areas or from any other portion of the Center. Further, Landlord will not sell or suffer or permit to be sold, primarily on a take-out or "to go" basis, fountain-served soft drinks, pastries or other food or beverage items (excluding coffee, tea and espresso drinks) commonly sold by motion picture theater concessions within the Metropolitan Area as of the date of this Lease, anywhere within or from the Common Areas or from any premises within the Center except as provided for below. provided, however, that this Section 13.5 shall not prohibit restaurants within the Center from serving any such food or beverage items for on-premises consumption (including outdoor seating areas) in accordance with their normal operations, or from offering soft drinks, pastries and/or other food or beverage items (but not bulk candy or popcorn generally sold by motion picture theaters within the Metropolitan Area as of the date hereof) on a "take-out" basis solely with a meal (i.e., ancillary to the primary operation of such business as a sit-down restaurant); and provided further, however, that (x) Landlord may operate or permit the operation of one (1) coffee shop in the Center that serves any of the foregoing food or beverage items, subject to the condition that such coffee shop shall not sell or serve bulk candy or prepared popcorn or frozen carbonated beverages and (y) in addition to the coffee shop allowed under clause (x) immediately preceding, Landlord may operate or permit the operation of one (l) coffee shop or café which is not separately demised and is ancillary to and located within the operation of another retail premises that occupies 10,000 square feet or more of Net Leasable Floor Area in the Building, subject to the condition that such coffee shop or café shall not sell or serve bulk candy or prepared popcorn or frozen carbonated beverages. Section 13.6 No Lease Prohibitions. Landlord represents and warrants that no lease or other operating agreement affecting the Center (including, without limitation, the Permitted Encumbrances) prohibits or restricts (or will prohibit or restrict) the operation of the Premises for the Permitted Use described above. 49 CHG02:3091375.v8 ~. ., -......, ~..