TENANT'S ROFR.
TENANT SHALL
ALSO CAUSE SUCH THIRD-PARTIES TO MAINTAIN THE CONFIDENTIALITY OF THE INFORMATION
DISCLOSED TO SUCH THIRD-PARTIES BY PROCURING FROM EACH SUCH THIRD-PARTY PRIOR TO
DISCLOSURE TO SUCH THIRD-PARTY A CONFIDENTIALITY AGREEMENT IN FAVOR OF LANDLORD
IN FORM SUBSTANTIALLY SIMILAR TO THAT ATTACHED TO THIS LEASE AS EXHIBIT E.
NOTWITHSTANDING THE FOREGOING, ANY INFORMATION DEEMED IN WRITING BY LANDLORD TO
BE OF A PROPRIETARY NATURE SHALL NOT BE DISCLOSED UNDER ANY CIRCUMSTANCES BY
TENANT EXCEPT AS MAY BE APPROVED IN ADVANCE IN WRITING BY LANDLORD.
28.10
TERMINATION OF LEASE.
IN THE EVENT TENANT ACQUIRES THE RIGHT, TITLE
AND INTEREST OF LANDLORD IN THE PREMISES PURSUANT TO THIS ARTICLE XXVIII OF THIS
LEASE WITHOUT ASSUMPTION OF ANY EXISTING MORTGAGE INDEBTEDNESS ENCUMBERING THE
PREMISES, THEN, AT TENANT'S OPTION, THE ESTATES OF LANDLORD AND TENANT SHALL
MERGE AND THIS LEASE WILL BE EXTINGUISHED.
ARTICLE XXIX.
MISCELLANEOUS PROVISIONS
29.1
TERMS.
THE NECESSARY GRAMMATICAL CHANGES REQUIRED TO MAKE THE
PROVISIONS OF THIS LEASE APPLY EITHER TO CORPORATIONS OR PARTNERSHIPS OR
INDIVIDUALS, MEN OR WOMEN, AS THE CASE MAY REQUIRE, WILL BE ASSUMED IN ALL CASES
AS THOUGH IN EACH CASE FULLY EXPRESSED.
ALL DEFINITIONS SHALL BE EQUALLY
APPLICABLE TO THE SINGULAR AND PLURAL USES OF THE TERMS DEFINED.
29.2
BINDING EFFECT.
EACH OF THE PROVISIONS OF THIS LEASE EXTENDS TO,
BINDS AND INURES TO THE BENEFIT OF LANDLORD AND TENANT AND THEIR RESPECTIVE
SUCCESSORS OR PERMITTED ASSIGNS.
29.3
MODIFICATION OF LEASE.
IF ANY CURRENT OR PROSPECTIVE INTEREST
HOLDER THAT HOLDS OR ANTICIPATES HOLDING AN INTEREST IN THE PREMISES REQUIRES A
MODIFICATION OF THIS LEASE THAT WILL NOT CAUSE TENANT TO INCUR ANY INCREASED
COST OR ADVERSELY CHANGE TENANT'S RIGHTS AND OBLIGATIONS ARISING UNDER THE TERMS
OF THIS LEASE, TENANT SHALL EXECUTE THOSE DOCUMENTS THAT ARE REASONABLY
NECESSARY TO ACCOMPLISH THAT MODIFICATION AND DELIVER THE DOCUMENTS TO LANDLORD
WITHIN THIRTY (30) DAYS FOLLOWING LANDLORD'S REQUEST.
58
29.4
MEMORANDUM OF AGREEMENT.
NEITHER PARTY HERETO SHALL RECORD THIS
LEASE.
THE PARTIES SHALL JOIN IN THE EXECUTION OF A "SHORT FORM" MEMORANDUM OF
THIS LEASE IN SUBSTANTIALLY THE FORM OF EXHIBIT G AND THE PARTIES SHALL FILE
SUCH MEMORANDUM IN THE REAL PROPERTY RECORDS OF MONTGOMERY COUNTY, TEXAS ON THE
EFFECTIVE DATE.
UPON THE LEASE TERMINATION DATE THE PARTIES SHALL RELEASE THE
MEMORANDUM OF RECORD.
UPON THE EXPIRATION OR TERMINATION PRIOR TO THE LEASE
TERMINATION DATE OF ANY RIGHT OR OBLIGATION TO WHICH EXPRESS REFERENCE IS MADE
IN THE MEMORANDUM, THE PARTIES SHALL AMEND THE MEMORANDUM OF RECORD TO DELETE
THE REFERENCE TO THAT RIGHT OR OBLIGATION.
29.5
TRANSFER OF LANDLORD'S INTEREST.
SUBJECT TO ARTICLES XXVII AND
XXVIII OF THIS LEASE, LANDLORD HAS THE RIGHT WITHOUT TENANT'S CONSENT TO
TRANSFER ALL OR ANY PORTION OF ITS INTEREST IN THE PREMISES, AND/OR IN THIS
LEASE TO ANY PARTY, AND IF THAT TRANSFER OCCURS AND THE TRANSFEREE ASSUMES ALL
OBLIGATIONS LANDLORD UNDERTAKES UNDER THE TERMS OF THIS LEASE, WHETHER ARISING
BEFORE OR AFTER THE DATE OF THE ASSIGNMENT, LANDLORD WILL HAVE NO FURTHER
LIABILITY UNDER THIS LEASE.
LANDLORD