12. TOWER LEASE. Sellers retains and reserves the rights as Landlord of the Radio Tower
Lease for a period of two years from the Closing. For the two year period, the Seller will retain
possession of the leased premises and carry out the obligations of the Landlord, and the Seller shall
receive all rents as set forth in the Radio Tower Lease. The parties will memorialize the agreement
with execution of reasonable mutually acceptable document(s) at Closing.
13. ADJUSTMENTS, PRORATIONS AND CLOSING COSTS.
(a) Real Estate taxes, assessments, special assessments, rents, water bills, sewer,
utilities and condominium association fees, shall be prorated as of the Closing, and
the Selling price shall be adjusted accordingly.
(b) All recording fees for the deed of conveyance will be paid by the Buyer. Recording
fees for any necessary discharges will be paid by the Seller from the closing
proceeds,
(c) Seller and Buyer shall pay their own attorney’s and, if applicable, broker fees.
(d) This transfer will be exempt from New Hampshire real estate transfer tax pursuant
to NH RSA 78-B:2, I.
14. CONDEMNATION. In the event of the taking of all or any part of the Premises by eminent
domain proceedings, or the commencement or bona fide threat of the commencement of any such
proceedings, prior to Closing, Buyer shall have the right, at Buyer’s option, to terminate this
Agreement by giving written notice thereof to Seller prior to Closing. If Buyer does not so
terminate this Agreement, the Purchase Price shall be reduced by the total of any awards or other
proceeds received by Seller prior to Closing with respect to any taking, and, at Closing, Seller shall
assign to Buyer all rights of Seller in and to any awards or other proceeds to be paid or to become
payable after Closing by reason of any taking. Seller shall notify Buyer of eminent domain
proceedings within five (5) days after Seller learns thereof.
15. GENERAL PROVISIONS.
(a) Entire Agreement. All representations, statements, and agreements heretofore made
between the parties are merged in this Agreement, which alone fully and completely
expresses their respective obligations, and this Agreement is entered into by each
party after opportunity for investigation, neither party relying on any statement or
representation not embodied in this Agreement made by the other or on its behalf.
(b) Modification. This Agreement cannot be changed, amended, or modified in any
way except by an instrument in writing, executed by the party or parties to be
charged with the change, amendment, or modification.
(c) Notices and Requests. Any notice, request, instruction, or other document given or
required to be given hereunder shall be in writing, and shall be deemed given when
hand-delivered or deposited in the mail by registered or certified mail, postage pre-
