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agreement hereunder on its part to be performed which results in <br />material detriment to the leasehold interest of Lessee in the <br />Land, or the fee interest of Lessee in the Improvements, and (i) <br />continuance of such failure for a period of sixty (60) days after <br />receipt by Lessor of written notice specifying the nature of such <br />default, or (ii) if by reason of the nature of such default the <br />same cannot be remedied within said sixty (60) days, Lessor fails <br />to proceed with reasonable diligence after receipt of the notice <br />to cure the default. <br />(d) If Lessor breaches or defaults under the Lease, <br />Lessee shall give Lessor and Mortgagees written notice requiring <br />that the breach or default be remedied by Lessor. If the default <br />or breach is not cured within the time set forth in (c) above, <br />Lessee or Mortgagees may take any action as may be necessary to <br />protect their respective interests. Such action shall include <br />the right of (i) the Lessee or Mortgagees to cure such default <br />and recover any expenditure with interest thereon (at the rate <br />specified in the Mortgage Loan Documents) from Lessor within <br />thirty (30) days after sending to Lessor a statement therefor, or <br />(ii) any rights or remedies granted to Mortgagees under the <br />Mortgage Loan Documents or the laws of the State of California. <br />31. Arbitration. Whenever, under any provision of this <br />Lease, arbitration is required, then the matter shall be <br />determined by arbitration under the then current arbitration <br />rules of the American Arbitration Association, with a single <br />neutral arbitrator. Without limiting the generality of the <br />arbitrator's powers under the American Arbitration Association <br />rules, it is agreed that the arbitrator shall have the power to <br />require specific performance and to require interim enforcement <br />remedies. The award of the arbitrator can be entered as a final <br />and binding judgement in any court with applicable jurisdiction. <br />The arbitration shall be carried out in Alameda County. The <br />arbitrator shall comply with and be governed by the provisions of <br />the arbitration laws of the State of California and the parties <br />C:GDLEASE.EHI -44- <br />