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Market Rental, but any such consultation shall be made in the presence of both parties with full <br />right on their part to cross-examine. The arbitrators shall render the decision and award in <br />writing with counterpart copies to each party. The arbitrators shall have no power to modify the <br />provisions of this Lease. <br />(iii) The provisions of this Section 3.4 to the contrary notwithstanding, in no <br />event shall the Percentage Rent rate for any Extension Term be less than five percent (5%) or <br />greater than seven percent (7%). <br />Section 3.5 Rent <br />The term "Rent" or "rent" as used in this Lease shall include Base Rent, Percentage Rent <br />and any and all other amounts payable by Tenant hereunder, whether payable to Landlord or to <br />third parties. <br />Section 3.6 No Abatement <br />Except as otherwise expressly provided in this Lease, in no event shall Tenant be entitled <br />to any abatement, set-off or reduction in Base Rent, Percentage Rent or other Rent payable <br />hereunder. <br />Section 3.7 Security Reserves <br />On the Base Rent Commencement Date, Tenant shall execute and deliver to Landlord a <br />promissory note (the "Security Reserve Note") in the principal amount of Five Hundred <br />Thousand Dollars ($500,000) and otherwise in the form of the attached Exhibit K. On the <br />delivery of the Security Reserve Note to Landlord, Tenant shall be deemed to have deposited <br />with Landlord the sum of Five Hundred Thousand Dollars ($500,000), which amount shall be <br />LEASE BETWEEN CITY OF SAN LEANDRO <br />AND SAN FRANCISCO BAY CONFERENCE RESORT <br />002574.0001\409817.4 <br />PAGE 21 <br />