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security interest in favor of either Tenant's Leasehold Mortgagee or Tenant's equipment <br />lessor, as the case may be. A default by Tenant of its obligations under the Security <br />Agreement shall constitute a default under the terms of this Lease. Tenant agrees that it will <br />not lease, as opposed to purchase, any furniture, furnishings, fixtures, equipment or other <br />personal property for use in the operation of the Facility unless and until Tenant has <br />expended, for so-called "hard" construction costs, at least the budgeted amount for the "Total <br />Construction Budget" set forth in the Project Pro Forma attached as Exhibit I. The "Total <br />Construction Budget" and "hard" construction costs consists of those items included in the <br />categories of "Total New Construction," "Site Improvement" and "Construction <br />Contingency" in the Project Pro Forma, and do not include any items included in the <br />category of "Indirect Costs" in the Project Pro Forma. Provided that Tenant has expended, <br />for so-called "hard" construction costs, at least the budgeted amount for the "Total <br />Construction Budget" set forth in the Project Pro Forma, Tenant may lease furniture, <br />furnishings, fixtures, equipment and/or other personal property for use in the operation of the <br />Facility; provided further that in no event shall the value of any such leased property exceed <br />Three Million Dollars ($3,000,000). <br />ARTICLE XIV <br />SURRENDER OF PREMISES <br />Section 14.1 Surrender of Premises <br />Subject to the provisions of Articles XI and XII of this Lease, on the last day of the <br />Term, or upon any earlier termination of this Lease pursuant to the terms hereof, Tenant <br />LEASE BETWEEN CITY OF SAN LEANDRO <br />AND SAN FRANCISCO BAY CONFERENCE RESORT PAGE 54 <br />2574001\313983.8 <br />