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If, during the Term, the City of San Leandro enacts any special tax that is imposed or <br />assessed solely against Tenant, its operation of the Facility and/or similar conference facilities <br />and not against other businesses, operators or taxpayers, the amount of any such special tax paid <br />by Tenant shall be credited against Rent due under this Lease. <br />ARTICLE V <br />OCCUPANCY AND USE <br />Section 5.1 Tenant's Use of the Premises <br />Except as specifically provided herein, Tenant shall have the sole and exclusive right to <br />occupy and use the Premises and the Facility Improvements during the Term. Subject to <br />compliance with all Applicable Laws, Tenant shall be entitled to use the Premises and the <br />Facility Improvements for purposes of operating a conference center, hotel, restaurant, bar, <br />lodging and related business and administrative offices required as part of its day to day <br />operation of the Facility, and as a manager's residence. Tenant shall not use the Premises or the <br />Facility Improvements for any other use or purpose whatsoever. The trade name(s) under which <br />Tenant operates the Facility, or any portion thereof, shall be subject to Landlord's approval, <br />which shall not be unreasonably withheld. Within ninety (90) days following Substantial <br />Completion of the Improvements, Tenant shall commence operating the Facility for the use <br />described in this Section and shall thereafter during the Term continuously (except for reasonable <br />interruption during repairs, reconstruction or renovation) and diligently operate, or cause to be <br />operated, the Facility as a conference center and hotel in accordance with the Standard of <br />LEASE BETWEEN CITY OF SAN LEANDRO <br />AND SAN FRANCISCO BAY CONFERENCE RESORT <br />PAGE 27 <br />002574.0001\409817.4 <br />