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limited interference. Following Tenant's completion of the Improvements, Landlord shall be responsible for the maintenance and repair of North Dike Road unless necessitated by the acts or omissions of Tenant or its employees, contractors, representatives or invitees, in which event Tenant shall be responsible therefor. Section 5.3 Competition by Tenant During the Term neither Tenant nor any Affiliate of Tenant will, without Landlord's prior written consent, which may be given or withheld in Landlord's sole and absolute discretion, directly or indirectly, own a controlling interest in, lease, operate or control the operation of, or permit any franchisee or licensee of Tenant or any Affiliate of Tenant to, directly or indirectly, own a controlling interest in, lease, operate or control the operation of, any conference center, hotel, resort, restaurant or other business operation or facility offering services or facilities similar to any of those offered at the Facility and located, in whole or in part, within Alameda County. In the event of any violation of this Section 5.3, Landlord shall have the right, in addition to other available remedies, to have included in the calculation of Gross Revenues for purposes of determining Percentage Rent due under this Lease the gross revenues (as defined in this Lease) of the business operation or facility causing such violation. As used in this Section, "Affiliate" shall mean any individual, corporation, partner, partnership, trust or other entity that directly or indirectly controls, is directly or indirectly controlled by, or is under common control, whether direct or indirect, with the specified entity. As used in this Section, "control" or "controlling" means the possession, direct or indirect, of the power to direct or cause the direction of the LEASE BETWEEN CITY OF SAN LEANDRO AND SAN FRANCISCO BAY CONFERENCE RESORT PAGE 30 2574001\313983.8