Reso 1998-059 (Missing 1996-056 through 1996-058)

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person to act as the arbitrator on Tenant's behalf. The arbitrator shall be a real estate appraiser with at least five (5) years full-time commercial appraisal experience who is familiar with the Facility and comparable properties. Failure on the part of Tenant to make the timely and proper demand for such arbitration shall constitute a waiver of the right thereto. Within ten (10) business days after the service of the demand for arbitration, Landlord shall give notice to Tenant specifying the name and address of the person designated by Landlord to act as arbitrator on its behalf, which arbitrator shall be similarly qualified. If Landlord fails to notify Tenant of the appointment of its arbitrator, within or by the time specified, then the arbitrator appointed by Tenant shall be the arbitrator to determine the Fair Market Rental for the Premises. The arbitrator selected by Tenant and the arbitrator selected by Landlord shall, within ten (10) business days after the appointment of the last of them, select a third arbitrator with comparable experience who has not previously acted in any capacity either for or against Landlord or Tenant. (2) The Fair Market Rental shall be fixed by the three arbitrators in accordance with the following procedures. Each of the arbitrators selected by the parties shall state, in writing, his or her determination of the Fair Market Rental supported by the reasons therefor and shall make counterpart copies for each of the other arbitrators. The arbitrators shall arrange for a simultaneous exchange of such proposed information within thirty (30) business days after appointment of the third arbitrator. If either arbitrator fails to deliver to the other arbitrators his or her determination within such thirty (30) business day period, then the determination of the other arbitrator shall be final and binding upon the parties. LEASE BETWEEN CITY OF SAN LEANDRO AND SAN FRANCISCO BAY CONFERENCE RESORT 002574.0001\409817.4 PAGE 19