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revenue projections set forth on the pro forma being prorated on the basis of twelve (12) <br />equal months for this purpose), Tenant shall make no monetary distributions, payments or <br />returns of any kind, direct or indirect, to any constituent members, owners or investors of <br />Tenant ("Investor Returns"), except for returns on cash capital investments at a rate of return <br />not to exceed twelve percent (12 %) per annum. Until the Release Date, Tenant shall <br />maintain a segregated reserve account jointly in the names of Landlord and Tenant with a <br />banking institution acceptable to Landlord (the "Excess Cash Flow Account") in which <br />Tenant shall regularly deposit any amounts otherwise distributable by Tenant as Investor <br />Returns except as permitted under this Section 3.8. Any and all funds in the Excess Cash <br />Flow Account, together with interest earned thereon, shall be released to Tenant on the <br />Release Date, provided no Event of Default or Potential Event of Default by Tenant then <br />exists following the giving of any applicable notice. Until the Release Date, Tenant shall <br />provide Landlord: (i) not less frequently than quarterly with complete and accurate income <br />and expense statements showing all information necessary for the application of this Section <br />3.8; and (ii) with annual audited income and expense statements. <br />ARTICLE IV <br />IMPOSITIONS <br />Section 4.1 Payment of Impositions <br />During the Term, Tenant covenants and agrees to pay or cause to be paid, as Rent in <br />addition to all other Rent payable hereunder, before any fine, penalty, interest or cost may be <br />added thereto for the nonpayment thereof and prior to delinquency, all taxes, possessory <br />LEASE BETWEEN CITY OF SAN LEANDRO <br />AND SAN FRANCISCO BAY CONFERENCE RESORT PAGE 24 <br />2574001\313983.8 <br />