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amount of Percentage Rent due hereunder for such period, Tenant shall receive a credit equivalent to such excess to be applied by Tenant to the next installment of Percentage Rent due; provided that with regard to the last adjustment at the end of the Term, any such excess shall be paid to Tenant provided Tenant is not in default. If Tenant shall have paid an amount less than the Percentage Rent due hereunder for such period, Tenant shall pay such difference to Landlord with the delivery of the reconciled statement. Tenant's payments of Percentage Rent shall be made without offset or credit for Tenant's payments of Base Rent. Any Gross Revenues received by Tenant prior to the commencement of the first (1st) Lease Year shall be included with Gross Revenues for the first (1st) Lease Year for purposes of calculating the Percentage Rent for that Lease Year. Section 3.2 Manner of Payment All rent to be paid to Landlord shall be paid in U.S. legal tender for the payment of public and private debts, without counterclaim, setoff, deduction, notice or demand, to Landlord at such address as Landlord may from time to time designate in writing. For any period of less than a full calendar month for which Base Rent is payable, the applicable Base Rent shall be prorated. Section 3.3 Records and Right to Audit Tenant will record all Gross Revenues at the time of the transaction and will prepare and keep at the Premises true and complete records and books of account of all Gross Revenues in accordance with best industry standards for a period of at least three (3) years after the expiration of the calendar year to which such records relate. Landlord may, at any LEASE BETWEEN CITY OF SAN LEANDRO AND SAN FRANCISCO BAY CONFERENCE RESORT PAGE 17 2574001\313983.8