No Surrender or Merger. Exercise by Landlord of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance of surrender of all or any part of the Tenant Space by Tenant, whether by agreement or by operation of law, it being understood that such surrender can be effected only by the written agreement of Landlord and Tenant. No such alteration of security devices and no removal or other exercise of dominion by Landlord over the property of Tenant or others on or about the Tenant Space shall be deemed unauthorized or constitute a conversion, Tenant hereby consenting, after any Event of Default, to the aforesaid exercise of dominion over Tenant’s property within the Building. All claims for damages by reason of such re-entry and/or possession and/or alteration of locks or other security devices are hereby waived (subject to Section 1.7 of this Exhibit “D”), as are all claims for damages by reason of any distress warrant, unlawful detainer proceedings, sequestration proceedings or other legal process, to the extent that such waiver is allowed by Applicable Laws. Tenant agrees that any re-entry by Landlord may be pursuant to judgment obtained in unlawful detainer proceedings or other legal proceedings or without the necessity for any legal proceedings, as Landlord may elect, and Landlord shall not be liable in trespass or otherwise.
No Surrender or Merger. Landlord shall not accept any surrender, agree to the cancellation, or enter into any modification of this Lease which has the effect of increasing Tenant’s obligations hereunder without the consent of each Leasehold Mortgagee of which Landlord has been given notice by Txxxxx. So long as any recorded leasehold mortgage encumbers the Leasehold Estate, the fee title to the Land and the Leasehold Estate of Tenant created by this Lease shall remain separate and distinct and shall not merge as a result of the acquisition of the fee title and Leasehold Estate by Tenant, Landlord or any third person, by purchase or otherwise.
