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or remedies that party or any other such party rimy have, and shall not be deemed a waiver of any subsequent breach or default in any of such terms, covenants or conditions. ARTICLE 34 QUIET ENJOYMENT SUBJECT TO DILIGENCE MATTERS From and after the Commencement Date until the expiration or termination of the Lease Term, and provided no Event of Default has occurred, Tenants shall have quiet enjoyment of the Demised Property. ARTICLE 35 NO MERGER OF'TITLE There shall be no merger of this Lease with any of the leasehold estates created hereunder or with any fee estate or other leasehold interest in the Demised Property, whether by reason of the fact that the same Person may acquire,hold or own, directly or indirectly more than one or all of such legal interests in the Demised Property, unless and until: (a) under applicable Law such estates may be merged, and (b) all Persons having any leasehold interest or fee estate in the Demised Property, or any part thereof sought to be merged, shall enter into a written agreement effecting such a merger under applicable Law and shall duly record same; provided, however, no such merger shall occur unless in each instance Landlord and any Landlord's Lender shall be a party to such agreement. ARTICLE 36 BROKERS Landlord and Tenants each (a) represents to. the other party that such representing party has dealt with no broker or brokers in connection with the negotiation, execution and delivery of this Lease and (b) agrees to indemnify, defend, protect (with counsel selected by the indemnified party, subject to the approval of the indemnifying party (unless the indemnifying party is the Tenants and an Event of Default has occurred)) and hold such other party free and harmless of, from and against any and all Losses arising from (including all brokerage commissions and/or finder's fees due or alleged to_ be due as a result of) any agreement or p»rporred agreement made by such indemnifying party. ARTICLE 37 OPTION TO PURCHASE Tenant has the first right to purchase the property in case of the landlord offering the property for sale. ARTICLE 38 MISCELLANEOUS Section 38.01 Effect of Waivers. Each of Landlord and Tenants hereby waives the benefits of California Civil Code Section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Section 38.42 Eminent Domain. The provisions of this Lease, including those in Article 12,constitute an express agreement between Landlord and'tenants that applies in the event there 35