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Tenant at the rental rate and on the other terms set forth in this lease for the term set forth in Tenant's notice, or, in the case of a proposed assignment or sublease, to terminate this lease. landlord shall allow Tenant five (5) days from notice of Landlord's exercise of the option to terminate this Lease, to withdraw its proposed assignment or sublease. If Landlord does not exercise such option, Tenant may assign the Lease or sublet such space proposed assignee or subtenant on the following further conditions: (a) landlord shall have the right to ~pprove such proposed assignee or subtenant, which approval shall not be unreasonably withheld; (b) The assignment or sublease shall be on the same terms set forth in the notice given to Landlord; (c) No assignment or sublease shall be valid, and no assignee or sublessee shall take possession of the Premises, until (1) an executed counterpart of such assignment or sublease shall have been delivered to landlord and (2) Landlord shall have executed and delivered its consent to such sublease or assignment; (d) No assignee or sublease shall have the right further to assign or sublet without compliance with this Section 4.2.; and (e) Fifty (50%) percent of any sums or other economic consideration received by Tenant as a result of such assignment or subletting, however denominated under the assignment or sublease, which exceed, in the aggregate, the total sums which Tenant is obligated to pay Landlord under this lease for the relevant period of the sublease or assignment (prorated to reflect obligations allocable to any portion of the Premises subleased) excluding any real estate brokerage commissions, reasonable attorneys' fees, or Tenant improvements payable in connection with such assignment or subletting, shall be paid to Landlord as Additional Rent under this Lease without affecting or reducing any other obligations or Tenant hereunder. "Additional rent" shall not be included in calculation the net amount due landlord hereunder. 4.2.2 Affiliates. Notwithstanding the provisions of Section 4.2 above, Tenant may assign this Lease or sublet the Premises, or anÿ portion thereof, without landlord's consent and without extending any recapture or termination option to Landlord, to any corporation or other entity which controls, is controlle~ by, or is under common control with Tenant ("control" shall mean Tenant retains fifty-one (51%) percent or more interest), or to any corporation or other entity resulting from merger or consolidation with Tenant, or to any person or entity which acquires all the assets of Tenant's business as a 22 , ,. -" -- ..-- ~ ,.." r ."