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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 calculating 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 any 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 controlled 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 going concern, provided that (i) the assignee or sublessee assumes, in full, the obligations of Tenant under this Lease, (ii) Tenant remains fully liable under this Lease, (iii) the use of the Premises under Article 1.3 remains unchanged, and (iv) Landlord shall have received and executed copy of the assignment or sublease on or before its effective date. 4.2.3 No Waiver or Release. No subletting or assignment shall release Tenant of its obligations under this Lease or alter the primary liability of Tenant to pay the Rent and to perform all other obligations to be performed by Tenant hereunder. The acceptance of Rent by landlord from any other person shall not be deemed to be a waiver of landlord of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default of an assignee or subtenant of Tenant or any successor of Tenant in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of ~~