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the Fair Market Rental for the Premises. The arbitrator selected by Tenant and the arbitrator <br />selected by Landlord shall, within ten (10) business days after the appointment of the last of <br />them, select a third arbitrator with comparable experience who has not previously acted in <br />any capacity either for or against Landlord or Tenant. <br />(2) The Fair Market Rental shall be fixed by the three arbitrators <br />in accordance with the following procedures. Each of the arbitrators selected by the parties <br />shall state, in writing, his or her determination of the Fair Market Rental supported by the <br />reasons therefor and shall make counterpart copies for each of the other arbitrators. The <br />arbitrators shall arrange for a simultaneous exchange of such proposed information within <br />thirty (30) business days after appointment of the third arbitrator. If either arbitrator fails to <br />deliver to the other arbitrators his or her determination within such thirty (30) business day <br />period, then the determination of the other arbitrator shall be final and binding upon the <br />parties. <br />(3) The role of the third arbitrator shall be to select which of the <br />two proposed determinations of Fair Market Rental more closely approximates his or her <br />determination of Fair Market Rental. The third arbitrator shall have no right to propose a <br />middle ground or any modification of either of the two proposals. The determination of the <br />third arbitrator as to which proposal more closely approximates his or her determination of <br />the Fair Market Rental shall constitute the decision of the arbitrators and shall be final and <br />binding upon the parties. <br />LEASE BETWEEN CITY OF SAN LEANDRO <br />AND SAN FRANCISCO BAY CONFERENCE RESORT PAGE 20 <br />2574001\313983.8 <br />