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services. Prior to the commencement of each calendar year (or partial calendar year) during <br />which the Facility is open for business, Tenant shall submit to Landlord a schedule showing, with <br />respect to each rate, price or charge for any "package," "plan" or similar combination of services <br />offered by Tenant to hotel guests of the Facility that includes charges for food, beverage, <br />conference, fitness, recreational and/or other services in addition to lodging services (any such <br />combination rate, price or charge being referred to herein as a "Package Rate"), Tenant's <br />proposed allocation of the total Package Rate to the various services other than lodging services <br />included in such Package Rate. For purposes of the calculation and payment of the TOT, the <br />portion(s) of a Package Rate to be deducted therefrom in determining the portion of the Package <br />Rate to be allocated to lodging or other services subject to the TOT shall be determined using <br />such schedule. Provided, however, that nothing in this Lease shall waive, limit or otherwise <br />affect the rights of the City of San Leandro to dispute any such proposed allocation or to enforce, <br />audit or collect the TOT in accordance with the TOT ordinance of the City of San Leandro or <br />other Applicable Laws. As long as no Event of Default by Tenant exists, Landlord agrees that <br />the TOT rate payable by Tenant will not exceed the greater of (i) ten percent (10%) or (ii) the <br />average rates of the transient occupancy taxes, or similar taxes, in effect from time to time in the <br />cities of Oakland, Berkeley, Alameda and Emeryville, California. Tenant agrees that it will not <br />oppose any proposal by the City of San Leandro to increase the TOT rate, provided such <br />increased rate does not exceed the average rate of the transient occupancy taxes, or similar taxes, <br />then in effect in the cities of Oakland, Berkeley, Alameda and Emeryville, California. <br />LEASE BETWEEN CITY OF SAN LEANDRO <br />AND SAN FRANCISCO BAY CONFERENCE RESORT <br />002574.0001\409817.4 <br />PAGE 26 <br />