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13. SUBLETTING AND ASSIGNMENT. <br /> (a) Assignment and Subletting by Tenant. Tenant shall not sublet the whole <br /> or any part of the Leased Premises, nor assign this Lease, or any part thereof, without the prior <br /> written consent of Landlord, which consent may be withheld at Landlord's sole discretion. This <br /> Lease is not assignable by operation of law. If Tenant is a corporation (or after incorporation), <br /> then any transfer of this Lease by merger, consolidation or liquidation, or any change in the <br /> ownership of, or power to vote the majority of Tenant's outstanding stock, will constitute an <br /> assignment for the purposes of this Section. If Tenant is a partnership or limited liability <br /> company, then any dissolution or termination of the partnership or limited liability company or <br /> change in control of the partnership or limited liability company or in a majority of the interests <br /> held by the partners or members thereof will constitute an assignment for purposes of this <br /> Section. Any assignment made by Tenant will not become effective until the assignee, in a <br /> written instrument acceptable to Landlord at Landlord's sole discretion, assumes this Lease and <br /> agrees to perform and be bound by all of the obligations of Tenant accruing under this Lease <br /> from and after the date of assignment. Regardless of Landlord's consent, no subletting or <br /> assignment shall release Tenant of Tenant's obligation or alter the primary liability of Tenant to <br /> pay rent and to perform all other obligations to be performed by Tenant under this Lease. <br /> Acceptance of rent by Landlord from any person other than Tenant will not be deemed to be a <br /> waiver by Landlord of any provision of this Lease. Consent to one assignment or subletting will <br /> not be deemed consent to any subsequent assignment or subletting. <br /> (b) Assignment by Landlord. Landlord shall have the right to assign and <br /> transfer, in whole or in part, its rights and obligations under this Lease and in any and all of the <br /> Building and the real property upon which it is situated. If Landlord so assigns this Lease or sells <br /> or transfers any or all of the Building, Landlord shall, upon consummation of such assignment or <br /> transfer be released automatically from any liability under this Lease for obligations to be <br /> performed or observed after the date of the assignment or transfer. After the effective date of <br /> the assignment or transfer, Tenant must look solely to Landlord's successor-in-interest for all <br /> liability and obligations hereunder. <br /> 14. SURRENDER OF LEASED PREMISES. <br /> (a) Surrender. Tenant shall, at the expiration or earlier termination of this <br /> Lease, surrender and deliver the Leased Premises to Landlord (i) in as good condition as when <br /> received by Tenant from Landlord or as later improved, reasonable use and wear excepted, and <br /> (ii) free from any tenancy or occupancy by any person. <br /> (b) Removal of Property. Upon the expiration or earlier termination of this <br /> Lease, Tenant may remove its personal property and equipment if (i) such items are readily <br /> moveable and are not attached to the Leased Premises; (ii) such removal is completed prior to <br /> the expiration or earlier termination of this Lease; and (iii) Tenant immediately repairs all damage <br /> caused by or resulting from such removal. All Tenant Alterations shall become the property of <br /> 7 <br />