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on its behalf and give notice thereof to the other party who, within ten (10) days thereafter, <br />shall appoint a second disinterested person as arbitrator on its behalf and give written notice <br />thereof to the first party. The arbitrators thus appointed shall appoint a third disinterested <br />person, and such three (3) arbitrators shall, as promptly as possible, determine the matter <br />which is the subject of the arbitration. The decision of the majority of the arbitrators shall <br />be conclusive and binding on all parties and shall be rendered on or before the date which is <br />sixty (60) days after the date of the delivery of the Notice of Dispute and Request for <br />Arbitration pursuant to Section 21.1 above, it being understood that time is of the essence. <br />However, if the arbitrators have failed to render their decision within the time required in <br />connection with an alleged default under this Lease, the party or parties which were not a <br />cause of such delay may pursue all other rights and remedies which it or they may have <br />under this Lease. If a party who shall have the right, pursuant to the foregoing, to appoint <br />an arbitrator fails or neglects to do so, then, the other party (or if the two arbitrators <br />appointed by the parties shall fail within five (5) days after the appointment of the second <br />arbitrator to appoint a third arbitrator, then either party) may apply to any court of competent <br />jurisdiction to appoint the necessary arbitrator. Landlord and Tenant agree to sign all <br />documents and to do all other things necessary to submit any such matter for arbitration, and <br />further agree to, and hereby do, waive any and all rights they, or either of them, may have <br />at any time to revoke their agreement hereunder to submit to arbitration once the matter has <br />been submitted, and to abide by the decision rendered thereunder. The arbitrators shall not <br />have any power to modify or amend any of the terms of this Lease. <br />LEASE BETWEEN CITY OF SAN LEANDRO <br />AND SAN FRANCISCO BAY CONFERENCE RESORT PAGE 71 <br />2574001\313983.8 <br />