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Landlord. In the event any Leasehold Mortgagee pays any rent or other sums due hereunder which relate to periods other than during its actual ownership of the leasehold estate, such Leasehold Mortgagee shall be subrogated to any and all rights which may be asserted against Tenant by Landlord with respect to such period of time. 0) Tenant shall pay all fees and expenses of every character and description incurred in connection with the procurement of any Leasehold Mortgages pursuant to this Article XXIV including the premium for mortgagee title insurance. (k) There will be no merger of the leasehold estate created hereby with the fee estate in the Premises by reason of the fact that the same person or entity may become the owner of both such estates, unless and until all parties having any interest in such estates join in a written instrument effecting such merger and duly record that instrument in the Official Records of Alameda County. All amendments or modifications to, or any voluntary termination or cancellation of (other than as expressly permitted hereunder), this Lease shall require the written approval of any Leasehold Mortgagee (if its respective Leasehold Mortgage so requires). If and as required by any Leasehold Mortgagee, Landlord and Tenant shall enter into an amendment to this Lease provided that none of the changes effected thereby shall be substantive. All costs and expenses incurred by Landlord in connection with such amendment (including reasonable attorneys' fees and expenses) shall be paid by Tenant upon demand therefor. Section 24.3 Computation of Rental LEASE BETWEEN CITY OF SAN LEANDRO AND SAN FRANCISCO BAY CONFERENCE RESORT PAGE 89 2574001\313983.8