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party's insurance company will have subrogated claim against the other. This waiver will be valid <br />only if the insurance policy in question expressly permits waiver of subrogation when one party to <br />a sublease self-insures or if the insurance company agrees in writing that such a waiver will not <br />affect coverage under the policy. Each party agrees to use its best efforts to obtain such an <br />agreement from its insurer if the policy does not expressly permit a waiver of subrogation. If <br />Sublessee self-insures, it agrees that it will not have a subrogated claim against Sublessors' <br />insurance company in the event of a loss that would have been covered by the terms of a standard <br />fire insurance or public liability insurance policy. <br />12.5 Indemnification. The Sublessee must indemnify and save the Sublessors harmless <br />from any loss, damage, claim, or demand arising out of or related to any activity of the Sublessee, <br />its agents or subcontractors, on the Premises or any condition of the Premises for which Sublessee <br />is responsible or which is in the exclusive possession or control of the Sublessee. The Sublessors <br />will not be responsible for any cost, damage, injury, or expense arising out of the negligence or <br />misconduct of any person or entity other than the Sublessors, its agents or subcontractors. <br />13. Casually Damage. If the Sublessee's Transmission Facilities are destroyed or damaged by <br />act of God, by fire, or by other casualty to the extent of 50% or more of the value thereof prior to <br />such damage, then the Sublessee will have the elective right to terminate and cancel this sublease, <br />effective on the date of the destruction or damage, which right is exercisable by Sublessee's giving <br />written notice to the Sublessors within 60 days following the destruction or damage. <br />14. Representations. Sublessee acknowledges that Sublessee has read and is familiar with the <br />terms of the Ground Lease and the Joint Use Agreement. Sublessee acknowledges that all of the <br />Sublessee's rights under this sublease and in the Premises are subject to all the terms and conditions <br />of the Ground Lease and Joint Use Agreement. The Sublessee agrees to use the Premises within <br />the restrictions imposed by the Ground Lease and the Joint Use Agreement, and to comply with all <br />terms of the Ground Lease as if the Sublessee were the Tenant and the Sublessors were the <br />Landlord under the Ground Lease (except to extent that the terms of the Ground Lease are <br />inconsistent with the terms of this sublease). The Sublessee acknowledges that this sublease is <br />accepted and executed on the basis of the Sublessee's own examination and personal knowledge of <br />the value and condition of the Premises; that no representation as to the value, condition, or repair <br />of the Premises has been made by the Sublessors, or either of them, or any agent of the Sublessors; <br />and that the Sublessee agrees to take the Premises in the condition the Premises are in at the time <br />of the execution of this sublease. Sublessors represent and warrant that they have the right to enter <br />into this Sublease and to grant Sublessee the rights described herein. <br />Sublessors shall give Sublessee written notice as soon as practicable after Sublessors receives <br />notice that the Ground Lease will terminate for any reason, including the end of its teen. <br />15. Assignment and Sublease. The interest of the Sublessee under this sublease may not be <br />assigned, wholly or partially, or encumbered, nor may all or any portion of the Premises be sublet, <br />9 - Tower Sublease <br />NAK - O\KEZI, Inc. 09075\Tower Lease 9075-13\Documents\wicks.towersublease.100699 <br />