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Section 22.13 No Third Party Beneficiaries <br />Nothing contained in this Lease shall be construed so as to confer any rights or <br />benefits upon any person or entity not a party to this Lease, except any rights contained <br />herein for the benefit of a Leasehold Mortgagee. <br />Section 22.14 Counterparts <br />This Lease may be executed in two or more counterparts, each of which shall be <br />deemed an original, but all of which together shall constitute one and the same instrument. <br />Section 22.15 Attorneys' Fees <br />If either party incurs any expense, including attorneys' fees, consultant or expert <br />witness fees, in connection with any action or proceeding (judicial or arbitration) against the <br />other arising out of or in connection with this Lease, whether or not such action or <br />proceeding proceeds to judicial or arbitral determination, the prevailing party shall be entitled <br />to recover from the nonprevailing party the expenses so incurred by the prevailing party. <br />ARTICLE XXIII <br />ASSIGNMENT <br />Section 23.1 Limitation an Tenant's Right to Assign, Transfer or Hypothecate <br />Except as hereinafter set forth in this Article XXIII and in Article XXIV of this <br />Lease, Tenant will not transfer, assign or hypothecate this Lease, or its interest therein, in <br />whole or in part, nor sublease (which term shall be deemed to include allowing anyone else <br />to occupy) all or any part of the Premises and/or the Improvements, without the prior written <br />consent of Landlord in each instance having first been obtained, which consent shall not be <br />LEASE BETWEEN CITY OF SAN LEANDRO <br />AND SAN FRANCISCO BAY CONFERENCE RESORT PAGE 76 <br />2574001\313983.8 <br />