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from the date Lessee receives the last notice from Lessor, the <br />sale or transfer shall again be subject to Lessee's right of <br />first refusal contained in this subsection (b). <br />(c) In the event that Lessor or Lessee exercises its <br />right to purchase the interest of the other on the terms and <br />conditions set forth in this Section 23, Lessor and Lessee intend <br />that the rights under this Section shall be specifically <br />enforceable, without limitation on the right of Lessee or Lessor <br />to resort to any other remedy available at law. <br />24. No Merger. (a) Except as provided in (b) below, there <br />shall be no merger of the leasehold estate created by this Lease <br />with any other estate in the Land, including the fee estate, by <br />reason of the fact that the same person may own or hold the <br />leasehold estate created by this Lease, or an interest in such <br />leasehold estate, and such other state in the Land, including the <br />fee estate, or any interest in such other estate; and no merger <br />shall occur unless and until Lessor and any Lender shall join in <br />a written instrument effecting such merger and shall duly record <br />the same. <br />(b) A termination of this Lease by the Lessee shall <br />cause a merger of the estates of Lessor and Lessee in Lessor, if <br />Lessor so elects and the Mortgagees agree. <br />25. No Partnership. It is expressly understood and agreed <br />that Lessor does not, in any way or for any purpose, as a <br />consequence of this Lease or any of its provisions become a <br />partner of Lessee in the conduct of Lessee's business, or a joint <br />venturer or a member of a joint enterprise with Lessee. <br />26. Assignment and Subletting. (a) Subject to the pro- <br />visions of Sections 20 and 21, Lessee may not assign this Lease <br />or any interest herein without the prior written approval of <br />Lessor. It is contemplated that Lessee shall have the right to <br />C:GDLEASE.EHI -39- <br />