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DRS462 <br /> • <br /> such term, covenant or condition to persons or circumstances <br /> other than those as to which it is held invalid or unenforceable, <br /> shall not be affected thereby and each term, covenant or <br /> condition of this Lease shall be valid and be enforced to the <br /> fullest extent permitted by law. <br /> 22 .7 Recording. Lessor shall not record this Lease without <br /> the written consent of City; however, upon the request of either <br /> party hereto the other party shall join in the execution of a <br /> memorandum or so-called "short form" of this Lease for the <br /> purposes of recordation. Said memorandum or short form of this <br /> Lease shall describe the parties, the Leased Premises and the <br /> term of Ground Lease and the Lease and shall incorporate the <br /> Ground Lease and this Lease by reference. <br /> 22 .8 Capitalized Terms. Capitalized terms used herein and <br /> not otherwise defined shall have the meanings prescribed in the <br /> Construction Contract and Ground Lease, unless this Lease clearly <br /> indicates otherwise. <br /> 22 . 9 No Merger. In no event shall (a) the leasehold <br /> interest, estate or rights of Lessor as Lessee under the Ground <br /> Lease or (b) the rights of the holder of any Leasehold Mortgage <br /> upon Lessor's rights as Lessee under the Ground Lease or (c) the <br /> leasehold interest, estate or rights of the City as Lessor under <br /> this Lease, merge with any interest, estate or rights of City as <br /> the fee owner of the Leased Premises and the Lessee under the <br /> Ground Lease, it being understood that such leasehold interest, <br /> estate and rights of Lessee under the Ground Lease, and of the <br /> holder of any Leasehold Mortgage upon Lessee's rights under the <br /> Ground Lease, and of the leasehold interest, estate and rights of <br /> City as Lessee under the Lease, shall be deemed to be separate <br /> and distinct from City's interest, estate and rights as fee owner <br /> and Lessor under the Ground Lease in or to the Leased Premises, <br /> notwithstanding that any such interests, estates or rights shall <br /> at any time or times be held by or vested in the same person, <br /> corporation or other entity. <br /> 22 . 10 Governing Law, Time. This Lease and the rights of the <br /> parties hereto shall be governed and construed in accordance with <br /> B-23 <br />