Common use of No Merger Clause in Contracts

No Merger. There shall be no merger of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if the same person acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if by reason of the fact that the same person acquires may acquire or holdshold, directly or indirectly, this Lease or the leasehold estate hereby created or any interest in this Lease and or in such leasehold estate as well as the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if by reason of the fact that the same person acquires or holds, directly or indirectly, this Lease or the leasehold estate hereby created or any interest herein or in this Lease and such leasehold estate, as well as the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if by reason of the fact that the same person acquires person, firm, corporation, or holdsother legal entity may acquire or hold, directly or indirectly, this Lease or any interest in this Lease of the leasehold estate and the fee estate in the leasehold Premises or any interest in such fee estate, without the prior written consent of Landlord’s mortgagee.

No Merger. There shall be no merger of this Lease or the leasehold estate hereby created with the fee estate in the Premises or any part thereof if by reason of the same person acquires acquiring or holdsholding, directly or indirectly, this Lease or the leasehold estate hereby created or any interest in this Lease and or in such leasehold estate as well as the fee estate in the leasehold Premises or any interest in such fee estateportion thereof.

No Merger. There Except as otherwise expressly provided in this Lease, there shall be no merger of this Lease or the leasehold estate created hereby created with the fee estate in the Premises or any part thereof if by reason of the same person acquires Person acquiring or holdsholding, directly or indirectly, this Lease or the leasehold estate created hereby or any interest in this Lease and or in such leasehold estate as well as the fee estate in the leasehold Premises or any interest in such fee estatePremises.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if by reason of the fact that the same person acquires person, firm, corporation, or holdsother legal entity may acquire or hold, directly or indirectly, this Lease or any interest in this Lease of the leasehold estate and the fee estate in the leasehold Premises or any interest in such fee estate, without the prior written consent of Landlord's mortgagee.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if by reason of the fact that the same person acquires or holds, directly or indirectly, this Lease or the leasehold estate hereby created or any interest herein or in this Lease and such leasehold estate as well as the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or the leasehold estate created hereby created with the fee estate in the Land and Demised Premises or any part thereof if by reason that the same person acquires or holdsentity may acquire, hold or own such estates directly or indirectly, this Lease or any interest in this Lease and the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or of the leasehold estate created hereby created with by reason of the fee estate in the Premises or any part thereof if fact that the same person acquires Person may acquire, own or holdshold, directly or indirectly, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the leasehold Premises or any interest in such fee estatePremises.

No Merger. There shall be no No merger of the leasehold estate hereby created under this Lease with the fee estate in the Premises all or any part thereof of the Premises will occur if the same person acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Leased Premises or any part thereof if by reason of the fact that the same person acquires may acquire or holdshold, directly or indirectly, this Lease or the leasehold estate hereby created or any interest in this Lease and or in such leasehold estate as well as the fee estate in the leasehold Leased Premises or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in any Parcel of Property by reason of the Premises or any part thereof if fact that the same person acquires or holds, directly or indirectly, this Lease or the leasehold estate hereby created or any interest herein or in this Lease and such leasehold estate as well as the fee estate in the leasehold Premises any Parcel of Property or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Premises Leased Property or any part thereof if by reason of the fact that the same person acquires may acquire or holdshold, directly or indirectly, this Lease or the leasehold estate hereby created or any interest in this Lease and or in such leasehold estate as well as the fee estate in the leasehold Premises Leased Property or any interest in such fee estate, unless all Persons with an interest in the Leased Property that would be adversely affected by any such merger specifically agree in writing that such a merger shall occur.

No Merger. There shall be no merger of this Lease or of the leasehold estate created hereby created with the fee estate any other interest in the Premises or any part thereof if Property by reason of the fact that the same person acquires may acquire or holdshold, directly or indirectly, this Lease or the leasehold estate created hereby and any other interest in this Lease and the fee estate Property, unless all Persons with an interest in the leasehold Premises or Property that would be adversely affected by any interest such merger specifically agree in writing that such fee estatea merger shall occur.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Demised Premises or any part thereof if by reason of the fact that the same person acquires or holds, directly or indirectlydirectly, this Lease or the leasehold estate hereby created or any interest herein or in this Lease and such leasehold estate as well as the fee estate in the leasehold Demised Premises or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in any Project by reason of the Premises or any part thereof if fact that the same person acquires or holds, directly or indirectly, this Lease or the leasehold estate hereby created or any interest herein or in this Lease and such leasehold estate as well as the fee estate in the leasehold Premises applicable Project or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if by reason of the fact that the same person Person acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the leasehold estate as well as the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if the same person acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if the same person acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the fee estate in the leasehold Premises or any interest in such fee estate.. (m)

No Merger. There shall be no merger of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if the same person acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There Except as otherwise expressly provided in this Lease, there shall be no merger of this Lease or the leasehold estate created hereby created with the fee estate in the Premises Land or any part thereof if by reason of the same person acquires Person acquiring or holdsholding, directly or indirectly, this Lease or the leasehold estate created hereby or any interest in this Lease and or in such leasehold estate as well as the fee estate in the leasehold Premises or any interest in such fee estateLand.

No Merger. There shall be no merger of the leasehold estate hereby created by this Lease with the fee estate in the Facility Premises or any part thereof if the same person acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the fee estate in the leasehold Facility Premises or any interest in such the fee estate.

No Merger. There shall be no merger of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if the same person Person acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of the leasehold estate hereby --------- created with the fee estate in the Premises or any part thereof if the same person acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created by this Lease with the fee or any other estate or interest in the Leased Premises or any part thereof if solely by reason of the fact that the same person acquires owns or holds, directly or indirectly, this Lease all such estates and interests or any interest in this Lease and the fee estate in the leasehold Premises or any interest in such fee estatecombination thereof.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Premises Leased Property or any part thereof if by reason of the fact that the same person acquires may acquire or holdshold, directly or indirectly, this Lease or the leasehold estate hereby created or any interest in this Lease and or in such leasehold estate as well as the fee estate in the leasehold Premises Leased Property or any interest in such fee estate.

No Merger. There shall be no merger of the Lease or of any leasehold estate hereby created with thereby by reason of the fee estate in the Premises or any part thereof if fact that the same person acquires may acquire or holdshold, directly or indirectly, this the Lease or any interest in this Lease and the fee estate leasehold in the leasehold Premises Land or the Improvements and any interest in such the fee estateto same.

No Merger. There shall be no merger of this Lease or the leasehold estate hereby created with the fee estate in the Premises or any part thereof if by reason of the same person acquires acquiring or holdsholding, directly or indirectly, this Lease or the leasehold estate hereby created or any interest in this Lease and or in such leaseholder estate as well as the fee estate in the leasehold Premises or any interest in such fee estateportion thereof.

No Merger. There shall be no merger of this Lease or the leasehold estate hereby created with the fee estate in the Premises Property or any part thereof if by reason of the same person acquires acquiring or holdsholding, directly or indirectly, this Lease or the leasehold estate hereby created or any interest in this Lease and or in such leasehold estate as well as the fee estate in the leasehold Premises Property or any interest in such fee estateportion thereof.

No Merger. There shall be no merger of the this Lease or of Tenant's leasehold estate hereby created with the fee estate in the Premises or any part thereof if by reason of the fact that the same person acquires may acquire or holdshold, directly or indirectly, this Lease both all or any interest in this Lease or the Leasehold estate and the fee estate in the leasehold Premises all or any interest in such the fee estate.

No Merger. There shall be no merger of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if the same person or entity acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if Property by reason of the fact that the same person Person acquires or holds, directly or indirectlydirectly, this Lease or the leasehold estate hereby created or any interest herein or in this Lease and such leasehold estate as well as the fee estate in the leasehold Premises Property or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or of the leasehold estate Leasehold Estate created hereby created with by reason of the fee estate in the Premises or any part thereof if fact that the same person acquires Person may acquire, own or holdshold, directly or indirectly, (i) this Lease or the Leasehold Estate created hereby or any interest in this Lease or such Leasehold Estate and (ii) the fee estate in the leasehold Premises or any interest in such fee estateLeased Property.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created by this Lease with the fee estate in the Premises Property or any part thereof if of it because the same person acquires or entity holds, directly or indirectly, this Lease or any the leasehold estate and an interest in this Lease and the fee estate in the leasehold Premises or any interest in such fee estateProperty, without the prior written consent of Landlord and Landlord's mortgagee.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Leased Premises or any part thereof if by reason of the fact that the same person acquires may acquire or holdshold, directly or indirectly, this Lease or the leasehold estate hereby created or any interest in this Lease or in such leasehold estate and the fee estate in the leasehold Leased Premises or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee any other estate or interest in the Leased Premises or any part thereof if by reason of the fact that the same person acquires Person may acquire or holdshold, directly or indirectly, this Lease or (a) any interest in this Lease and or the fee leasehold estate hereby created or (b) any such other estate or interest in the leasehold Leased Premises or any interest in such fee estatepart.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Premises Building or any part thereof if by reason of the fact that the same person acquires may acquire or holdshold, directly or indirectly, this Lease or the leasehold estate hereby created or any interest in this Lease and or in such leasehold estate as well as the fee estate in the leasehold Premises Building or any interest in such fee estate.

No Merger. There shall be no merger of this Lease nor of the leasehold estate hereby created by this Lease with the fee estate in or ownership of the Premises or any part thereof if by reason of the fact that the same person acquires person, corporation, firm or holdsother entity may acquire or hold or own, directly or indirectly, (a) this Lease or the leasehold estate created by this Lease or any interest in this Lease or in such leasehold estate, and (b) the fee estate in or ownership of the leasehold Premises or any interest in such fee estate.in

No Merger. There shall be no merger of the leasehold estate --------- hereby created with the fee estate in the Premises or any part thereof if the same person acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of the leasehold estate hereby created treated with the fee estate in the Premises or any part pan thereof if the same person acquires or holds, directly or indirectly, this Lease or any interest in it this Lease and the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee any other estate in the Premises or any part thereof if and Ground Lease Property by reason of the fact that the same person acquires or holds, directly or indirectly, this Lease or the estate hereby created or any interest herein or in this Lease and the fee such estate as well as any other estate in the leasehold Premises and Ground Lease Property or any interest in such fee other estate.

No Merger. There shall be no merger of this Lease or --------- of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if by reason of the fact that the same person acquires or holds, directly or indirectly, this Lease or the leasehold estate hereby created or any interest herein or in this Lease and such leasehold estate as well as the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Demised Premises or any part thereof if by reason of the fact that the same person acquires may acquire or holdshold, directly or indirectly, this Lease or any interest in this Lease the leasehold estate and the fee estate in the leasehold Demised Premises or any part thereof or any interest in such fee estate, and this Lease shall not be terminated for any reason except as expressly provided in this instrument.

No Merger. There shall be no merger of the leasehold estate hereby created with the fee ground-leasehold estate in the Premises Property or any part thereof if the same person acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the fee ground-leasehold estate in the leasehold Premises premises or any interest in such fee ground-leasehold estate.

No Merger. There shall be no merger of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if the same person acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the fee estate in the leasehold Premises or any interest in such fee estate.. 0000 Xxxx Xxxxxx Xxxxxx Xxxx Scottsdale, Arizona 85251

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if Properties by reason of the fact that the same person acquires any portion or holdsinterest, or holds any portion or interest, directly or indirectly, of this Lease or Lease, the leasehold estate hereby created, any interest herein or in this Lease and such leasehold estate, the fee estate in any Property or the leasehold Premises or Properties, any interest in such fee estate., or interest in any business entity comprising Lessor

No Merger. There shall be no merger of this lease or of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if by reason of the fact that the same person Person acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the leasehold estate as well as the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of the leasehold estate hereby ---------- created with the fee estate in the Premises or any part thereof if the same person or entity acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the corresponding fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or of the leasehold --------- estate hereby created with the fee estate in the Premises or any part thereof if by reason of the fact that the same person acquires or holds, directly or indirectly, this Lease or the leasehold estate created or any interest herein or in this Lease and such leasehold estate as well as the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate or any leasehold estate in the Premises or any part thereof if Property by reason of the fact that the same person acquires or holds, directly or indirectlydirectly, this Lease or the leasehold estate hereby created or any interest herein or in this Lease and such leasehold estate as well as the fee estate or any leasehold estate in the leasehold Premises or any interest in such fee estateProperty.

No Merger. There shall be no merger of this Lease or the leasehold estate hereby created with the fee estate in the Leased Premises or any part thereof if by reason of the same person acquires acquiring or holdsholding, directly or indirectly, this Lease or the leasehold estate hereby created or any interest in this Lease and or in such leasehold estate as well as the fee estate in the leasehold Leased Premises or any interest in such fee estateportion thereof.

No Merger. There shall be no merger of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if thereof. If the same person acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the fee estate in the leasehold Premises or any interest in such fee estate.,

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee any other interest or estate in the Premises or any part thereof if by reason of the fact that the same person acquires or holds, directly or indirectlydirectly, this Lease or the leasehold estate hereby created or any interest herein or in this Lease and the fee such leasehold estate as well as any other interest or estate in the leasehold Premises or any interest in such fee estatePremises.

No Merger. There shall be no merger of this Lease or the leasehold estate created hereby created with the fee estate in the Premises or any part thereof if by reason of the same person acquires acquiring or holdsholding, directly or indirectly, this Lease or the leasehold estate created hereby or any interest in this Lease and or in such leasehold estate as well as the fee estate in the leasehold Premises or any interest unless otherwise agreed in such fee estatea writing signed by Landlord and Tenant.

No Merger. There shall will be no merger of this Lease or of the leasehold estate created hereby created with the fee estate in the Premises or any part portion thereof if by reason of the fact that the same person acquires or holdsentity may acquire or hold, directly or indirectly, this Lease or any interest in this Lease and the fee estate in the leasehold Premises or any interest in such fee estate.directly

No Merger. There shall be no merger of this Lease or the leasehold estate hereby created by this Lease with the fee any other estate or interest in the Premises or any part thereof if by reason of the fact that the same person acquires or holdsentity may acquire, hold or own directly or indirectly, this Lease or any interest in this Lease and the fee estate in the leasehold Premises or any interest in such fee estate.,

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if by reason of the fact that the same person acquires may acquire or holdshold, directly or indirectly, this Lease or the leasehold estate hereby created or any interest in this Lease and Or in such leasehold estate as well as the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There Except as otherwise expressly provided in this Lease, there shall be no merger of this Lease or the leasehold estate created hereby created with the fee estate in the Premises or any part thereof if by reason of the same person acquires Person acquiring or holdsholding, directly or indirectly, this Lease or the leasehold estate created hereby or any interest in this Lease and or in such leasehold estate as well as the fee estate in the leasehold Premises or any interest in such fee estate.Premises.‌

No Merger. There shall be no merger --------- of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if the same person acquires or holds, directly or indirectly, this Lease or any any, interest in this Lease and the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or the leasehold estate hereby created with the fee estate in the Premises or any part thereof if by reason of the same person acquires acquiring or holdsholding, directly or indirectly, this Lease or the leasehold estate hereby created or any interest in this Lease and or in such leaseholder estate as well as the fee estate in the leasehold Premises or any interest in such fee estate.portion thereof

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Premises Property or any part portion thereof if by reason of the fact that the same person acquires may acquire or holdshold, directly or indirectly, all or part of such fee estate and this Lease or the leasehold estate hereby created or any interest in this Lease, and this Lease and the fee estate in the leasehold Premises or shall not be terminated for any interest in such fee estatecause except as expressly provided herein.

No Merger. There shall be no merger of this Lease or the leasehold estate hereby created with the fee estate in the Premises or any part thereof if by reason of the same person acquires acquiring or holdsholding, directly or indirectly, this Lease or any interest in this Lease and as well as the fee estate in the leasehold Premises or any interest in such fee estateportion thereof.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate or any leasehold estate in the Premises or any part thereof if Property by reason of the fact that the same person acquires or holds, directly or indirectlydirectly, this Lease or the leasehold estate hereby created or any interest herein or in this Lease and such leasehold estate as well as the fee estate or any leasehold estate in the leasehold Premises or any interest in such fee estate.Property. 143

No Merger. There shall be no merger of this Lease or --------- of the leasehold estate hereby created with the fee any other estate in the Premises or any part thereof if and Ground Lease Property by reason of the fact that the same person acquires or holds, directly or indirectly, this Lease or the estate hereby created or any interest herein or in this Lease and the fee such estate as well as any other estate in the leasehold Premises and Ground Lease Property or any interest in such fee other estate.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Leased Premises or any part thereof if by reason of the fact that the same person or entity acquires or holds, directly or indirectly, this Lease or the leasehold estate created hereby or any interest in this Lease and or in such leasehold estate as well as the fee estate in the leasehold Leased Premises or any interest in such fee estate.

No Merger. There shall be no merger of the leasehold estate hereby created with the fee estate in the Demised Premises or any part thereof if the same person acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the fee estate in the leasehold Demised Premises or any interest in such fee estate.

No Merger. There Except as otherwise expressly provided in this Lease, there shall be no merger of this Lease or the leasehold estate Leasehold Estate created hereby created with the fee estate in the Premises or any part thereof if by reason of the same person acquires Person acquiring or holdsholding, directly or indirectly, this Lease or the Leasehold Estate created hereby or any interest in this Lease and or in such Leasehold Estate as well as the fee estate in the leasehold Premises or any interest in such fee estatePremises.

No Merger. There shall be no merger of the leasehold Leasehold estate hereby created with the fee estate in the Premises or any part thereof if the same person or entity acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the corresponding fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if by reason of the fact that the same person acquires or holds, directly or indirectly, this Lease or the leasehold estate hereby created or any interest herein or in this Lease and such leasehold estate as well as the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or the leasehold estate hereby created with the fee any other estate in the Premises Site or any part thereof if Asset by reason of the fact that the same person acquires or Person acquires, holds, directly or indirectly, this Lease or the leasehold estate hereby created or any fee simple interest in this Lease and the fee or any other estate in the leasehold Premises Site or any Asset or any interest in such fee estateeither thereof.

No Merger. 101 There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in any Parcel of Property by reason of the Premises or any part thereof if fact that the same person acquires or holds, directly or indirectly, this Lease or the leasehold estate hereby created or any interest herein or in this Lease and such leasehold estate as well as the fee estate in the leasehold Premises any Parcel of Property or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Demised Premises or any part thereof if by reason of the fact that the same person acquires may acquire or holdshold, directly or indirectly, this Lease or the leasehold estate hereby created, or any interest in this Lease and or in such leasehold estate, as well as the fee estate in the leasehold Premises or any interest in such fee estateDemised Premises.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby Leasehold Estate created by this Lease with the fee or any other estate or interest in the Premises or any part thereof if solely by reason of the fact that the same person acquires owns or holds, directly or indirectly, this Lease all such estates and interests or any interest in this Lease and the fee estate in the leasehold Premises or any interest in such fee estatecombination thereof.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if by reason of the fact that the same person acquires may acquire or holdshold, directly or indirectly, this Lease or the leasehold estate hereby created or any interest in this Lease and or in such leasehold estate as well as the fee estate in the leasehold Premises or any interest in such fee estate.. 16.05

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if by reason of the fact that the same person acquires or holds, directly or indirectly, this Lease or the leasehold estate hereby created or any interest herein or in this Lease and such leasehold estate as well as the fee estate in the leasehold Premises or any interest in such fee estate. Certain identified information marked with [***] has been excluded from this exhibit because it is not material and is of the type that the registrant treats as private and confidential.

No Merger. There shall be no merger of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if the same person acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the fee estate in the leasehold Premises or any interest in such fee estate.. m.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in any Unit of Property by reason of the Premises or any part thereof if fact that the same person acquires or holds, directly or indirectly, this Lease or the leasehold estate hereby created or any interest herein or in this Lease and such leasehold estate as well as the fee estate in the leasehold Premises any Unit of Property or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or of the leasehold --------- estate hereby created with the fee any other estate in the Premises or any part thereof if and Ground Lease Property by reason of the fact that the same person acquires or holds, directly or indirectly, this Lease or the estate hereby created or any interest herein or in this Lease and the fee such estate as well as any other estate in the leasehold Premises and Ground Lease Property or any interest in such fee other estate.

No Merger. There shall be no merger of the leasehold estate hereby created with the fee estate in the Premises premises or any part thereof if the same person acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or the leasehold estate created hereby created with the fee estate in the Demised Premises or any part thereof if by reason of the same person acquires party acquiring or holdsholding, directly or indirectly, this Lease and the leasehold estate created hereby or any interest in this Lease and or in such estate created hereby as well as the fee estate in the leasehold Premises or any interest in such fee estate.Demised Premises. 91 EXECUTION COPY 92

No Merger. There shall be no merger of this Lease or of the leasehold estate created hereby created with the fee or any other estate or interest or ownership interest in the Premises Property or any part thereof if by reason of the fact that the same person acquires Person may acquire or holdsown or hold, directly or indirectly, this Lease two or more of such estates or any interest in this Lease and the fee estate in the leasehold Premises or any interest in such fee estatepart thereof.

No Merger. There shall be no merger of the leasehold estate hereby created with the fee estate in the Premises Leased Real Property or any part thereof if the same person acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the fee estate in the leasehold Premises Leased Real Property or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if by reason of the fact that the same person acquires or holdsfinds, directly or indirectly, this Lease or the leasehold estate hereby created or any interest herein or in this Lease and such leasehold estate as well as the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of the leasehold estate hereby created with the fee estate in the Premises Property or any part thereof if the same person acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the fee estate in the leasehold Premises Property or any interest in such fee estate.

No Merger. There shall be no merger of the leasehold estate hereby created with the fee estate in the Premises Property or any part thereof if the same person acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the fee estate in the leasehold Premises or any interest in such fee estate.or

No Merger. There shall Except as otherwise expressly provided in this Lease, there will be no merger of this Lease or the leasehold estate created hereby created with the fee estate in the Premises or any part thereof if by reason of the same person acquires Person acquiring or holdsholding, directly or indirectly, this Lease or the leasehold estate created hereby or any interest in this Lease and or in such leasehold estate as well as the fee estate in the leasehold Premises or any interest in such fee estatePremises.

No Merger. There shall be no merger of this lease or of the leasehold estate hereby created with the fee estate in the Leased Premises or any part thereof if by reason of the fact that the same person acquires may acquire or holdshold, directly or indirectly, this Lease lease or the leasehold estate hereby created or any interest in this Lease and lease or in such leasehold estate as well as the fee estate in the leasehold Leased Premises or any interest in such fee estate.

No Merger. There shall be no merger of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if the same person or entity acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the corresponding fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if the same person acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the fee estate in the leasehold Premises premises or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or the leasehold --------- estate hereby created with the fee estate in the Premises or any part thereof if by reason of the same person acquires acquiring or holdsholding, directly or indirectly, this Lease or the leasehold estate hereby created or any interest in this Lease and or in such leaseholder estate as well as the fee estate in the leasehold Premises or any interest in such fee estateportion thereof.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if by reason of the fact that the same person acquires may acquire or holdshold, directly or indirectly, this Lease or the leasehold estate hereby created or any interest in this Lease and or in such leasehold estate as well as the fee estate in the leasehold Premises or any interest in such fee estate.. 16. l 0

No Merger. There shall be no merger of the leasehold estate hereby --------- created with the fee estate in the Premises or any part thereof if the same person acquires or holds, directly or indirectly, this the Lease or any interest in this the Lease and the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of this lease or of the leasehold estate hereby created with the fee estate in the Premises leased premises or any part thereof if by reason of the fact that the same person acquires may acquire or holdshold, directly or indirectly, this Lease lease or the leasehold estate hereby created or any interest in this Lease and lease or in such leasehold estate as well as the fee estate in the leasehold Premises leased premises or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or of the --------- leasehold estate hereby created with the fee estate in the Premises or any part thereof if by reason of the fact that the same person acquires may acquire or holdshold, directly or indirectly, this Lease or the leasehold estate hereby created or any interest in this Lease and or in such leasehold estate as well as the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Premises or any part thereof if by reason of the fact that the same person acquires person, firm, corporation, or holdsother legal entity may acquire or hold, directly or indirectly, this Lease or any interest in this Lease of the leasehold estate and the fee estate in the leasehold Premises or any interest in such fee estate, without the prior written consent of Landlord’s Mortgagee.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee any other estate in the Premises or any part thereof if by reason of the fact that the same person acquires or holds, directly or indirectly, this Lease or the estate hereby created or any interest herein or in this Lease and the fee such estate as well as any other estate in the leasehold Premises or any interest in such fee other estate.. ***CONFIDENTIAL TREATMENT REQUESTED ***

No Merger. There shall be no merger of the leasehold estate hereby created by this Lease with the fee estate in the Premises or any part thereof if the same person acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the fee estate in the leasehold Premises or any interest in such the fee estate.

No Merger. There shall be no merger of the leasehold estate ---------- hereby created with the fee estate in the Premises or any part thereof if the same person acquires or holds, directly or indirectly, this Lease or any interest in this Lease and the fee estate in the leasehold Premises or any interest in such fee estate.

No Merger. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee any other estate in the Premises or any part thereof if by reason of the fact that the same person acquires or holds, directly or indirectly, this Lease or the estate hereby created or any interest herein or in this Lease and the fee such estate as well as any other estate in the leasehold Premises or any interest in such fee other estate.