PACIFIC BELL MOBILE SERVICES (SUBLEASE WATER TOWER) -1996

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CM- 024 -21 (f) Sublessee shall fully and promptly pay for all utilities furnished to the Premises for the use, operation and maintenance of Sublessee's Facilities. (g) Upon the expiration, cancellation or termination of this Sublease, Sublessee shall surrender the Premises to Sublessor in good condition, less ordinary wear and tear. 7. Interference with Communications. Sublessee's Facilities shall not disturb the communications configurations, equipment and frequency which exist on Sublessor's Property on the Commencement Date ( "Pre- existing Communications ") and Sublessee's Facilities shall comply with all noninterference rules of the Federal Communications Commission ( "FCC "). Sublessor shall not permit the use of any portion of Sublessor's Property in a way which interferes with the communications operations of Sublessee described in Section 2, above. Such interference with Sublessee's communications operations shall be deemed a material breach by Sublessor, and Sublessor shall have the responsibility to promptly terminate said interference. In the event any such interference does not cease promptly, the parties acknowledge that continuing interference will cause irreparable injury to Sublessee, and therefore, Sublessee shall have the right to bring action to enjoin such interference or to terminate this Sublease immediately upon notice to Sublessor. Notwithstanding the foregoing, Pre - existing Communications operating in the same manner as on the Commencement Date shall not be deemed interference. 8. Taxes. Sublessee shall pay personal property taxes assessed against Sublessee's Facilities and Sublessor shall pay when due, all real property taxes and all other taxes, fees and assessments attributable to the Premises and this Sublease. 9. Termination. This Sublease may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either party upon a default of any covenant, condition or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default; (ii) by Sublessee for any reason or for no reason, provided Sublessee delivers written notice of termination to Sublessor prior to the Commencement Date; (iii) by Sublessee if it does not obtain or maintain licenses, permits or other approvals necessary to the construction or operation of Sublessee's Facilities; (iv) by Sublessee if Sublessee is unable to occupy or utilize the Premises due to a ruling or directive of the FCC or other governmental or regulatory agency, including, but not limited to, a take back of channels or change in frequencies; or (v) by Sublessee if Sublessee determines that the Premises are not appropriate for its operations for economic, environmental or technological reasons, including without limitation, signal strength or interference. 10. Destruction of Premises. If the Premises or Sublessor's Property is destroyed or damaged so as in Sublessee's judgment to hinder its effective use of Sublessor's Property, Sublessee may elect to terminate this Sublease as of the date of the damage or destruction by so notifying Sublessor no more than thirty (30) days following the date of damage or destruction. In such event, all rights and obligations of the parties which do not survive the termination of this Sublease shall cease as of the date of the damage or destruction. 11. Condemnation. If a condemning authority takes all of Sublessor's Property, or a portion which in Sublessee's opinion is sufficient to render the Premises unsuitable for Sublessee's use, then this Sublease shall terminate as of the date when possession is delivered to the condemning authority. In any condemnation proceeding each party shall be entitled to make a claim against the condemning authority forjust compensation (which for Sublessee shall include, the value of Sublessee's Facilities, moving expenses, prepaid rent, business dislocation expenses and any other amounts recoverable under condemnation law). Sale of all or part of the Premises to a purchaser with the power of eminent domain in the face of the exercise of its power of eminent domain, shall be treated as a taking by a condemning authority. 12. Insurance and Indemnitv. (a) Insurance. Sublessee shall maintain the following insurance: (1) Commercial General Liability with limits of $5,000,000.00 per occurrence, (2) Automobile Liability with a combined single limit of $1,000,000.00 per accident, (3) Workers Compensation as required by law, and (4) Employer's Liability with limits of $1,000,000.00 per occurrence. Each party to this Sublease shall each maintain standard form property insurance ( "All Risk" coverage) equal to at least 90% of the replacement cost covering their respective property. Each party waives any rights of recovery against the other for injury or loss due to hazards covered by their property insurance and each party shall require such insurance policies to contain a waiver of recovery against the other. Sublessee shall name ] - 3 4/16/96 3:51 PM (�,,•• q