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this Lease by either Landlord or Tenant under this Section 11.3 or under Section 11.4, Tenant shall, if and as requested by Landlord, either cause the Premises and the Improvements to be left in a safe and secure condition or pay to Landlord an amount equal to the cost (as reasonably estimated by Landlord) of restoring the Premises and Improvement to such condition. Tenant's obligation to place the Premises and Improvements in such condition or to pay the cost thereof shall survive the termination of this Lease. Section 11.4 Damage Near End of Term If the Premises or the Improvements, or any part thereof, are damaged or destroyed at any time during the last twenty-four (24) months of the Term and the costs of restoration and repair are in excess of five percent (5 %) of the then full replacement cost of the Improvements and Tenant elects not to repair or restore said damage or destruction, then Tenant shall have the right to terminate this Lease by giving written notice of such termination to Landlord not later than ninety (90) days following the occurrence of such damage or destruction. Section 11.5 Insurance Proceeds on Termination Subject to the rights of any Leasehold Mortgagee, Landlord shall have the right to receive and retain all insurance proceeds paid or payable by Tenant on account of any damage or destruction to the Premises or the Improvements in the event this Lease is terminated by Landlord or Tenant under Section 11.3 or 11.4 above; provided that Tenant may receive out of any such insurance proceeds the amount of actual out-of-pocket expenses incurred by Tenant in restoring the Premises and Improvements to a good and orderly LEASE BETWEEN CITY OF SAN LEANDRO AND SAN FRANCISCO BAY CONFERENCE RESORT PAGE 45 2574001\313983.8