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releasing Lessor in whole or in part from the obligation to be performed by Lessor hereunder, <br />may cure the default at Lessor's cost provided that Lessor has been given sixty (60) days <br />advance written notice of Lessee's election to do so and Lessor has not within such time notified <br />Lessee that Lessor will cure the default, and/or (iii) may terminate this Lease, subject to any <br />required consent of any Lender. <br />Section 12.4 Notices. Notices given by Lessor under Section 12.1 or by Lessee under <br />Section 12.4 shall specify the alleged default and the applicable Lease provisions, and shall <br />demand that Lessee or Lessor, as applicable, perform the appropriate provisions of this Lease <br />within the applicable period of time for cure. No such notice shall be deemed a forfeiture or <br />termination of this Lease unless expressly set forth in such notice. <br />ARTICLE 13. <br />QUIET ENJOYMENT AND POSSESSION; INSPECTIONS <br />Section 13.1 Quiet Enjoyment. Lessor covenants and warrants that Lessee, upon <br />payment of all sums herein provided and upon performance and observance of all its covenants <br />herein contained, shall peaceably and quietly have, hold, occupy, use and enjoy, and shall have <br />the full, exclusive and unrestricted use and enjoyment of, all of the Leased Premises during the <br />Term, subject only to the provisions of this Lease and all applicable Legal Requirements. <br />Section 13.2 Lessor's Right of Inspection. Notwithstanding Section 13.1 above, <br />Lessor, in person or through its agents, upon reasonable prior notice to Lessee, shall have the <br />right, subject to the rights of Tenants, to enter upon the Leased Premises for purpose of <br />reasonable inspections performed during reasonable business hours in order to assure compliance <br />by Lessee with its obligations under this Lease. <br />ARTICLE 14. <br />VACATION OF LEASED PREMISES <br />Section 14.1 Vacation Upon Termination. Lessee covenants that upon any termination <br />of this Lease, whether by lapse of time or because of any of the conditions or provisions <br />contained herein, Lessee will peaceably and quietly yield and surrender possession of the Leased <br />Premises to Lessor. The foregoing, however, will be subject to the rights of Tenants or others in <br />possession pursuant to Tenant Leases with Lessee, provided that such Tenants are not in default <br />thereunder and attorn to Lessor as their lessor. An action of forcible detainer shall lie if Lessee <br />holds over after a demand for possession is made by Lessor. <br />ARTICLE 15. <br />NON -MERGER <br />Section 15.1 Non -Merger. Except upon expiration of the Term or upon termination of <br />this Lease, there shall be no merger of either this Lease or Lessee's Estate created hereunder with <br />Lessor's fee interest in the Land or Lessee's fee interest in the Improvements by reason of the <br />fact that the same person may acquire, own or hold, directly or indirectly, (a) this Lease, Lessee's <br />37 <br />OAK #4823-7863-2026 v2 <br />