4€

determined by a single arbitrator in accordance with the dispute resolution provisions set out herein.

The remedy under this Section shall be the sole remedy available to the parties in respect ofthe value

of, or their investment in, the Improvements.

Non-Competition

The Landlord agrees that it will not operate (or permit any tenant to operate), on any lands

transferred by the Tenant to Landlord under the Settlement Agreement, any marina or boating school

operations that compete with the Tenant's operations at the Demised Premises, provided that:

(a)

(b)

(c)

4j

the Tenant shall not withdraw any services, facilities or pricing concessions with

respect to the Lands and the Tenant's operations thereon previously provided to the

Royal Hamilton Yacht Club or Jieander Boat Club that would jeopardize the viability

of these parties provided, however nothing in this paragraph shall require the tenant

to maintain the lands and slips located on Parts 1, 2 and 3 on 62R-15663, or to

continue to contract with the Royal Hamilton Yacht Club ("RHYC") on the terms of

the Rental Co-ordination Agreement between the Tenant and RHYC;

the Tenant will offer all its marina and boating school services (other than slip

rentals) to the boating public generally, on the same terms and conditions as they are

offered to the Tenant's own slip rental customers on Parts 4 and 5 on 62R-15663

from time to time; and

nothing in this section shall prevent the Landlord, The Royal Hamilton Yacht Club,

or the Leander Boat Club from using any land, buildings or other assets currently

being used for such purposes, for providing, or continuing to provide, the marina

services and facilities that have been provided on or in connection with Parts 1,2 and

3 on 62R -15663 in the period immediately prior to the commencement date of this

lease.

Remedy by Injunction

The parties agree that in the event of a breach of any ofthe terms ofthis lease for which the

law recognizes that damages may be an inadequate remedy, the parties agree that a remedy by way

of injunction shall be available in an arbitration hereunder.

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