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or material defined or designated as hazardous or toxic waste, hazardous or toxic materials,, hazardous or toxic or radioactive substance,, or other similar term by any federal, state or local environmental law,, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 21. No Liability on Owner. Owner shall not be liable for damage to Lessee's equipment or facilities,, and Owner shall not be liable for vandalism or malicious mischief caused by third parties, known or unknown. 22. Assignment. a) Lessee may not assign or sublet this Lease without the prior written consent of Owner, which consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the provisions of this paragraph, Lessee shall have the right,, without Owner's consent,, to assign this lease to any parent subsidiary or affiliate of Lessee or any corporation into which Lessee may be merged or consolidated or which purchases all or substantially all of the assets of the Lessee in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization, as long as the Lessee remains obligated on the Lease. Any approved sublease that is entered into by the Lessee shall be subject to all of the provisions of this Lease. b) The parties acknowledge that this is a non-exclusive lease. Nothing in this Lease shall preclude the Owner from leasing other space for communications equipment to any person or entity which may be in competition with Lessee, or any other party. 23. Successors and Ass . This Lease shall run with the Property. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 24. Subordination And Non-Disturbance. At Owner's option, this Agreement shall be subordinate to any mortgage or other security interest or other security interest by Owner which from time to time may encumber all or part of the Property or right-of-way; provided, however, every such mortgage or other security interest or other security interest shall recognize the validity of this Agreement in the event of a foreclosure of Owner 's interest and also Lessee's right to remain in occupancy of and have access to the Premises as long as Lessee is not in default of this Agreement. Lessee shall execute whatever instruments may reasonably be required to evidence this subordination clause. In the event the Property is encumbered by a mortgage or other security interest,, the Owner immediately after this Agreement is executed, will obtain and furnish to Lessee,, a non-disturbance agreement for each such mortgage or other security interest in recordable form. In the event the Owner defaults in the payment and/or other performance of any mortgage or other security interest encumbering the Property, Lessee, may, at its sole option and without obligation,, cure or correct Owner's default and upon doing so, TTM Site: MSP-Z9Z 9