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6.3.B. - Page 28 Attachment 3 mortgage, encumbrance or subletting without such consent shall be void, and shall constitute a breach of this lease. Notwithstanding the foregoing, Lessee may assign the Lease or sublet the Leased Premises, or any portion thereof, without Lessor's consent, to any entity which controls, is controlled by, or is under the common control with Lessee, or to any entity resulting from any merger or consolidation with Lessee, or to any partner of Lessee or to any partnership in which Lessee is a general partner, or to any person or entity which acquires all of the assets of Lessee as a going concern, or to any entity which obtains a security interest in a substantial portion of Lessee's assets (an "Affiliate "). lessor hereby consents to: the assignment by Lessee of its rights under this Lease as collateral security to any entity which provides financing for the purchase of the equipment to be installed at the Leased Premises; and the license of portions of the Leased Premises to communications users similar to Lessee. Any assignee shall also assume and be bound to perform all of the obligations of Lessee under this Lease. Should Lessor sell, lease, transfer or otherwise convey all or any part of the Emerald Lake Hills Water Tank Property to any transferee other than Lessee, then such transfer shall be subject to this Lease and all of Lessee's rights hereunder and the easement rights of Lessee to the Access Areas. In the event that Lessor authorizes the subletting, assignment or any transfer of this Lease or all or a portion of the Leased Premises to any entity other than to an Affiliate, Lessee shall pay to Lessor the sum of one thousand dollars ($1,000.00), as a condition precedent to the validity of any such subleasing, assignment or transfer. 11.02 No Release of Less= No subletting or assignment as approved by Law shall release Lessee of Lessee's obligation or alter the primary liability of lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder. The acceptance of rent by Lessor from any other person shall not be deemed to be a waiver by Lessor 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 by any assignee of Lessee or any successor of Lessee in the performances of any of the terms hereof, Lessor may proceed directly against Lessee without the necessity of exhausting remedies against said assignee. 11.03 Lessor waives any lien rights it may have concerning the Lessee's equipment, fixtures and personal property. 12. DEFAULTS: RLNffjl . 12.01 jgAuh. The oocurrence of any one or more of the following events shall constitute a material default or breach of this Lease by Lessee. 13.