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<br /> mortgage, encumbrance or subletting without such consent shall be void, and shall constitute a breach of <br /> this Lease. Notwithstanding the foregoing, Lessee may assign the Lease or sublet the Leased Premises, or <br /> any portion thereof, without Lessor's consent, to any entity which controls, is controlled by, or is under <br /> the common control with Lessee, or to any entity resulting from any merger or consolidation with Lessee, <br /> or to any partner of Lessee or to any partnership in which Lessee is a general partner, or to any person or <br /> entity which acquires all of the assets of Lessee as a going concern, or to any entity which obtains a <br /> security interest in a substantial portion of Lessee's assets (an "AffIliate"). Lessor hereby consents to: the <br /> assignment by Lessee of its rights under this Lease as collateral security to any entity which provides <br /> financing for the purchase of the equipment to be installed at the Leased Premises; and the license of <br /> portions of the Leased Premises to communications users similar to Lessee. Any assignee shall also <br /> assume and be bound to perform all of the obligations of Lessee under this Lease. Should Lessor sell, <br /> lease, transfer or otherwise convey all or any part of the Emerald Lake Hills Water Tank Property to any <br /> transferee other than Lessee, then such transfer shall be subject to this Lease and all of Lessee's rights <br /> hereunder and the easement rights of Lessee to the Access Areas. In the event that Lessor authorizes the <br /> subletting, assignment or any transfer of this Lease or all or a portion of the Leased Premises to any entity <br /> other than to an Affiliate, Lessee shall pay to Lessor the sum of one thousand dollars ($1,000.00), as a <br /> condition precedent to the validity of any such subleasing, assignment or transfer. <br /> 11.02 No Release of Lessee. No subletting or assignment as approved by Lessor <br /> shall release Lessee of Lessee's obligation or alter the primary liability of Lessee to pay the rent and to <br /> perform all other obligations to be performed by Lessee hereunder. The acceptance of rent by Lessor from <br /> any other person shall not be deemed to be a waiver by Lessor of any provision hereof. Consent to one <br /> assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the <br /> event of default by any assignee of Lessee or any successor of Lessee in the performance of any of the <br /> terms hereof, Lessor may proceed directly against Lessee without the necessity of exhausting remedies <br /> against said assignee. <br /> 11.03 Lessor waives any lien rights it may have concerning the Lessee's <br /> equipment, fixtures and personal property. <br /> 12. DEFAULTS: REMEDIES. <br /> 12.01 Defaults. The occurrence of anyone or more of the following events shall <br /> constitute a material default or breach of this Lease by Lessee. <br /> 13. <br /> --.-~~,--, ".>', ,.~--"- <br />