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In addition, upon the expiration, termination or cancellation of this Lease, by any means <br />whatsoever, Landlord may unilaterally execute and record a Termination of the Memorandum of <br />the Lease, which Termination will be effective immediately upon recording. Tenant hereby <br />grants Landlord authority to unilaterally execute such Termination if the Lease has been <br />terminated or expired. <br />22.7 Survival of Provisions. If any covenant, condition, provision, term or agreement <br />of this Lease shall, to any extent, be held invalid or unenforceable, the remaining covenants, <br />conditions, provisions, terms and agreements of this Lease shall not be affected thereby, but each <br />covenant, condition, provision, term or agreement of this Lease shall be valid and in force to the <br />fullest extent permitted by law. <br />22.8 Successors and Assigns. The covenants and agreements herein contained shall <br />bind and inure to the benefit of Landlord and its successors and assigns, and Tenant and its <br />permitted successors and assigns. <br />22.9 Captions. The caption of each article of this Lease is for convenience and <br />reference only and in no way defines, limits or describes the scope or intent of such article or of <br />this Lease. <br />22.10 Relationship of Parties. This Lease does not create the relationship of principal <br />and agent, or of lender and borrower, or of debtor and creditor, or of mortgagor and mortgagee, <br />or of partnership, joint venture, or of any association or relationship between Landlord and <br />Tenant, the sole relationship between Landlord and Tenant being that of landlord and tenant. <br />22.11 Agreements Between the Parties: Incorporation. All preliminary and <br />contemporaneous negotiations relating to this Lease are merged into and incorporated in this <br />Lease. This Lease shall not be modified or amended in any manner except by an instrument in <br />writing executed by the parties hereto. <br />22.12 Merger of Interests. There shall be no merger of this Lease or this leasehold <br />estate created by this Lease with any other estate or interest in the Premises or the Premises by <br />reason of the fact that the same person, firm, corporation or other entity may acquire, hold or <br />own directly or indirectly, this Lease or this Leasehold interest created by this Lease or any <br />interest therein, and any such other estate or interest in the Premises or any portion thereof. No <br />such merger shall occur unless and until all persons, firms, companies, corporations, partnerships <br />or other entities having an interest (including a security interest) in (1) this Lease or this <br />leasehold estate created hereby, including any Mortgagee, and (2) any such other estate or <br />interest in the Premises or any portion thereof, shall join in a written instrument expressly <br />effecting such merger and shall duly record the same. <br />22.13 Time of the Essence. Time is of the essence of this Lease, and all provisions <br />herein relating thereto shall be strictly construed. <br />22.14 Indemnity and Counsel. To the extent either party indemnifies and agrees to <br />defend the other under the terms of this Lease, the indemnifying party shall have the right to <br />37 <br />