Housing Consortium of the East Bay Ground Lease 20231030

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38 ARTICLE 17. NON-MERGER Section 17.1 Non-Merger. Except upon expiration of the Term or upon termination of this Ground Lease, there shall be no merger of either this Ground Lease or Lessee's estate created hereunder with Lessor's fee interest in the Leased Premises by reason of the fact that the same person may acquire, own or hold, directly or indirectly, (a) this Ground Lease, Lessee's estate created hereunder or any interest in this Ground Lease or the Improvements, and (b) a fee interest in the Leased Premises or the Improvements, unless and until the Lessor and all persons, including any assignee of Lessor, having an interest in (i) this Ground Lease or Lessee's Estate created hereunder, and (ii) the fee estate in the Leased Premises or any part thereof, shall join in a written instrument effecting such merger and shall duly record the same. ARTICLE 18. MISCELLANEOUS PROVISIONS Section 18.1 Consents. Lessor agrees not to unreasonably withhold or delay its consent to matters requiring Lessor's consent hereunder unless the applicable provision of this Ground Lease permits Lessor to exercise Lessor's sole discretion with respect to a particular matter. Section 18.2 Enforced Delay; Extension of Times of Performance. Time is of the essence in the performance of each of the Parties' respective obligations set forth in this Ground Lease. Except as expressly set forth in this Section 18.2, performance by any Party hereunder shall not be deemed to be in default and such Party shall be entitled to an extension of time to perform its obligations hereunder where delays in performance are due to causes beyond the reasonable control and without the fault of such Party, including as applicable: war; acts of terrorism, insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God, acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; governmental restrictions or priority; litigation (including suits filed by third parties concerning or arising out of this Agreement), unusually severe weather; inability to secure necessary labor, materials or tools; acts of the other Parties; acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the Lessor shall not excuse performance of the Lessor); or other causes beyond the control or without the fault of the Party claiming an extension of time to perform ("Force Majeure"). An extension of time for any cause permitted under this Section 18.2 shall be limited to the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within thirty (30) days of knowledge of the commencement of the cause. If no written notice is sent within thirty (30) days, for purposes of measuring the extension period for performance of the obligation in question, the period of the enforced delay shall commence to run from the date written notice is sent to the other Party. Times of performance under this Ground Lease may be extended by mutual written agreement of the Parties. DocuSign Envelope ID: 6E2EA799-6D74-41E3-B3EE-3CD67DC0ACD0