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D. Self-help. If (i) Tenant has committed an Event of Default or (ii) Landlord believes that Tenant has committed a Potential Event of Default, and that Landlord's substantial interests in the operation of the Premises would be materially impaired by waiting for the notice and cure periods provided above or an arbitrator's decision, or if Landlord reasonably believes that it can mitigate its damages by acting quickly, then Landlord is entitled, but not obligated, to cure the alleged default at its own expense either (in the case of a Potential Event of Default) prior to the issuance of the Notice of Default, or while the notice, arbitration, or cure periods provided herein are pending. Any amount(s) expended by Landlord in curing or attempting to cure the alleged default including, without limitation, attorneys' fees and disbursements plus interest at the Interest Rate from the date of expenditure or performance by Landlord shall be reimbursed by Tenant to Landlord within fifteen (15) days following Landlord's written request therefor. Landlord may issue or amend its Notice of Default or its claim in an arbitration proceeding for the amounts expended in effecting, or attempting to effect, such cure or mitigating such damages. In the case of a Potential Event of Default, Tenant shall not be liable for the cost of self-help unless the arbitrator finds an Event of Default. E. Appointment of Receiver. Landlord shall have the right to have a receiver appointed to operate the Facility and/or to collect Gross Revenues. Neither the filing of a petition for the appointment of a receiver nor the appointment itself shall constitute an election by Landlord to terminate this Lease. LEASE BETWEEN CITY OF SAN LEANDRO AND SAN FRANCISCO BAY CONFERENCE RESORT PAGE 65 2574001\313983.8