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

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(3) The role of the third arbitrator shall be to select which of the two proposed determinations of Fair Market Rental more closely approximates his or her determination of Fair Market Rental. The third arbitrator shall have no right to propose a middle ground or any modification of either of the two proposals. The determination of the third arbitrator as to which proposal more closely approximates his or her determination of the Fair Market Rental shall constitute the decision of the arbitrators and shall be final and binding upon the parties. (4) Each party shall pay the fees and costs of its arbitrator, and the parties shall share equally the fees and costs of the third arbitrator. (5) In the event of a failure, refusal, or inability of any arbitrator to act, his or her successor shall be appointed by him or her, but in the case of the third arbitrator, his or her successor shall be appointed in the same manner as that set forth herein with respect to the appointment of the original third arbitrator. The third arbitrator shall make its determination within thirty (30) business days after the appointment of the third arbitrator. Any decision in which the arbitrator appointed by Landlord and the arbitrator appointed by Tenant concur shall be binding and conclusive upon the parties, except that such arbitrators shall not attempt by themselves to mutually ascertain the Fair Market Rental and any such determination in a manner other than that provided for in Section 3.4(B)(ii)(2) and (3) hereof shall not be binding on the parties. (6) The arbitrators shall have the right to consult experts and competent authorities for factual information or evidence pertaining to a determination of Fair LEASE BETWEEN CITY OF SAN LEANDRO AND SAN FRANCISCO BAY CONFERENCE RESORT 002574.0001\409817.4 PAGE 20