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10.2 Payment of Utility Charges. The Sublessee must pay when due all charges for <br />services and utilities in connection with the Sublessee's use, occupancy, operation, and maintenance <br />of the Premises, including without limitation; charges for fuel, water, gas, electricity, sewage <br />disposal, power, refrigeration, air conditioning, telephone, and janitorial services, prorated by <br />Sublessor, as appropriate, to reflect Sublessee's approximate actual usage. The Sublessors have no <br />obligation to make utility services available to the Premises. <br />11. Eminent Domain. If the Premises are taken or condemned, in part or in whole, for public <br />use (an agreed sale to a public or quasi-public corporation or utility after threat of condemnation <br />constitutes a taking for public use), the Sublessee will be entitled to receive the portion of such <br />compensation that is specifically attributable to the Sublessee's Transmission Facilities and moving <br />expenses, if any. All other compensation awarded upon such condemnation or taking will be paid <br />to the Sublessors. Upon any such taking by condemnation, the title to the property so taken will vest <br />in the condemnor, free and clear of this sublease, and this sublease will terminate as to the property <br />so taken. If any portion of the Premises taken by condemnation and such taking does not <br />unreasonably interfere with the Sublessee's use of the Premises, this sublease will remain in effect! <br />If any portion of the Premises is taken by condemnation and such taking does unreasonably interfere <br />with the Sublessee's use of the Premises, the Sublessee may elect to terminate this sublease by <br />giving written notice thereof to the Sublessors within 30 days after the date of the taking. <br />12. Liens. Insurance, Liability and Indemnity. <br />12.1 Liens and Encumbrances. The Sublessee must keep the Premises free and clear <br />of any and all liens or encumbrances imposed or threatened to be imposed on the Premises by reason <br />of any contract, act, or omission by the Sublessee. <br />12.2 Fire Insurance. The Sublessors are not responsible for the loss or damage to the <br />Sublessee's Transmission Facilities and other personal property of Tenant located upon the <br />Premises. The Sublessee must obtain its own fire insurance on the Transmission Facilities. <br />12.3 Liability, Insurance. The Sublessee must keep in full force and effect a policy of <br />public liability and property damage insurance with respect to the Premises in which the limits of <br />public liability coverage is at least $500,000 per person and $1,000,000 per accident and in the <br />aggregate, and in which the property damage liability coverage is at least $500,000, or provide <br />satisfactory evidence to Sublessor of its ability to self-insure against risks in those amounts. The <br />insurance policy must provide indemnity in favor of both the Sublessee and the Sublessors as <br />named insureds. <br />12.4 Waiver of Subrogation. Neither the Sublessee or the Sublessors will be liable to <br />the other (or to the other's successors or assigns) for any loss or damages caused by fire or any risk's <br />enumerated in the standard fire insurance or public liability policies required under the terms of the <br />provision of this sublease relating to liability insurance, and in the event of an insured loss, neither <br />8 - Tower Sublease <br />NAK - O\KEZI. Inc. 09075\Tower Lease 9075-13\Documents\wicks.towersublease.100699 <br />