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and no further assignment, delegation, sublease or other transfer shall be made without
<br /> Lessor's consent, which consent may not be unreasonably withheld, conditioned, or
<br /> delayed.
<br /> b. EXCEPTION TO GENERAL PROHIBITION. Notwithstanding the foregoing in Section
<br /> 13(a), either Party may assign or transfer some or all of its rights and/or obligations under
<br /> this Lease to: (i) an Affiliate; (ii) a successor entity to its business, whether by merger,
<br /> consolidation, reorganization, or by sale of all or substantially all of its assets or stock; (iii)
<br /> any entity in which a Party or its Affiliates have any direct or indirect equity investment;
<br /> and/or(iv)any other entity directly or indirectly controlling, controlled by or under common
<br /> control with any of the foregoing, and in each case, such assignment, transfer or other such
<br /> transaction shall not be considered an assignment under this Section requiring consent and
<br /> the non-assigning Party shall have no right to delay, alter or impede such assignment or
<br /> transfer. "Affiliate(s)" means, with respect to a Party, any person or entity, directly or
<br /> indirectly, controlling, controlled by,or under common control with such Party,in each case
<br /> for so long as such control continues. For purposes of this definition, "control" shall mean
<br /> (i)the ownership,directly or indirectly,or at least fifty percent(50%)of either: (a)the voting
<br /> rights attached to issued voting shares; or (b) the power to elect fifty percent (50%) of the
<br /> directors of such entity, or(ii)the ability to direct the actions of the entity.
<br /> 14. CONDITION OF SITE. It is understood that Lessee has inspected the Site and accepts the
<br /> Site in as-is condition. Except as set forth herein, Lessee shall assume all risks in connection
<br /> with its access to the Site and the installation, operation, maintenance and removal of Lessee's
<br /> Equipment or any structural enhancement as may be permitted by the Lessor.
<br /> 15. NUISANCE. Lessee shall not permit the existence of any nuisance on the Site; shall keep the
<br /> same in clean and safe condition and free of any explosive, flammable or combustible material
<br /> which would increase the risk of fire, except such material necessary to Lessee's or any
<br /> permitted sub-lessee's business; shall not handle or store any dangerous or potentially
<br /> dangerous materials or any hazardous or toxic materials, as defined under state or federal laws;
<br /> and shall not permit the accumulation of junk, noxious weeds, debris or other unsightly
<br /> materials. Lessee shall, at its sole expense, keep the Lessee's portion of the Site and any
<br /> improvements in good repair.
<br /> 16. HAZARDOUS MATERIALS; ENVIRONMENTAL COMPLIANCE AND
<br /> INDEMNIFICATION.
<br /> a. DEFINITION. "Hazardous Materials" as used in this Lease shall mean: (i) Any toxic
<br /> substances or waste, sewage, petroleum products, radioactive substances, heavy metals,
<br /> medical, corrosive, noxious, acidic, bacteriological, or disease-producing substances; or(ii)
<br /> any dangerous waste or hazardous waste as defined in Washington Hazardous Waste
<br /> Management Act as now existing or hereafter amended (Chapter 70A.300 RCW and
<br /> Chapter 173-303 WAC); or Resource Conservation and Recovery Act as now existing or
<br /> hereafter amended(42 U.S.C. Sec. 6901 et seq.); or(iii) any hazardous substance as defined
<br /> in Comprehensive Environmental Response, Compensation and Liability Act as now
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