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Complaining Party is entitled to any specific remedy shall be made by a court and not by an <br />arbitrator, provided that the court shall accept as conclusive and stipulated by the parties all <br />issues of fact within the arbitrator's jurisdiction as provided in this Lease and determined by <br />the arbitrator. <br />A. Injunctive Relief. Both parties acknowledge that the award of <br />damages alone usually will be an unsatisfactory remedy for a non -monetary default and will <br />not fully protect a Complaining Party from harm caused by an Event of Default. The failure <br />of either party to perform their obligations under this Lease will result in damages to the <br />defaulting party that are difficult or impossible to measure. For these reasons, the preferred <br />remedy for a non -monetary Event of Default is an order of a court of competent jurisdiction, <br />ordering and enjoining the parties to perform in accordance with any arbitration decision. <br />B. Damages. Damages as may be allowed by law may be awarded by a <br />court of competent jurisdiction as the sole remedy, or in conjunction with other remedies, or <br />as interim damages during any period in which the Defending Party was acting in breach of <br />this Lease and failed to comply with an arbitrator's decision or to cure an admitted Event of <br />Default. <br />C. Termination by Landlord. Landlord may terminate this Agreement <br />following an Event of Default described in Section 18.2. In addition, Landlord may <br />terminate this Lease following the failure of Tenant to cure an Event of Default by Tenant <br />within the time periods provided in Section 18.3 above, but only if Landlord sought <br />termination as a remedy in its Notice of Default. <br />LEASE BETWEEN CITY OF SAN LEANDRO <br />AND SAN FRANCISCO BAY CONFERENCE RESORT PAGE 64 <br />2574001\313983.8 <br />