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36 <br />4859-3312-3005v4 <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, <br />shall have the right, subject to the rights of Tenants, to enter upon the Leased <br />Premises for purpose of reasonable inspections performed during reasonable <br />business hours in order to assure compliance by Lessee with its obligations under <br />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 <br />provisions contained herein, Lessee will peaceably and quietly yield and surrender <br />possession of the Leased Premises to Lessor. The foregoing, however, will be <br />subject to the rights of Tenants or others in possession pursuant to Tenant Leases <br />with Lessee, provided that such Tenants are not in default thereunder and attorn to <br />Lessor as their lessor. An action of forcible detainer shall lie if Lessee holds over <br />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 with <br />Lessor’s fee interest in the Land or Lessee’s fee interest in the Improvements by <br />reason of the fact that the same person may acquire, own or hold, directly or <br />indirectly (a) this Lease, Lessee’s Estate or any interest in this Lease or the <br />Improvements, and (b) a fee interest in the Land or the Improvements, unless and <br />until the Lessor, all Lenders with an Approved Loan, and all persons, including <br />any assignee of Lessor, having an interest in (i) this Lease or Lessee’s Estate, and <br />(ii) the fee estate in the Leased Premises or any part thereof, shall join in a written <br />instrument effecting such merger and shall duly record the same. <br />ARTICLE 16. <br />TRANSFERS <br />Section 16.1 Restrictions on Transfer. The Regulatory Agreement (i) sets forth certain <br />restrictions on the Transfer of the Project and Lessee’s interest in the Property, and <br />on changes in the ownership and control of Lessee, and (ii) describes requirements <br />for proposed Transfers. Lessee shall comply with all such restrictions and <br />requirements, including without limitation the requirement that any approved <br />transferee shall assume the rights and obligations of Lessee under this Lease, the <br />Page 116 of 428