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  2. Finance Committee - Agenda - 10/6/2021 - P177

Finance Committee - Agenda - 10/6/2021 - P177

By dnadmin on Mon, 11/07/2022 - 13:37
Document Date
Fri, 10/01/2021 - 11:42
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/06/2021 - 00:00
Page Number
177
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100620…

commence based upon the date LESSEE is granted a building permit by the governmental agency charged
with issuing such permits, for LESSEE’s ground-based equipment and antennas. In the event the date on
which LESSEE is granted a building permit falls between the 1* and 15" of the month, then the lease
term shall commence on the 1* of that month, and if such date falls between the 16" and 31* of the
month, then the lease term shall commence on the 1 day of the following month (either the
“Commencement Date”).

b. Upon agreement of the Parties, LESSEE may pay rent by electronic funds
transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such
purpose upon request of LESSEE.

c. LESSOR hereby agrees to provide to LESSEE certain documentation (the
“Rental Documentation”) evidencing LESSOR’s interest in, and right to receive payments under, this
Agreement, including without limitation: (i) (INTENTIONALLY DELETED}; (ii) a complete and fully
executed Internal Revenue Service Form W-9, or equivalent, in a form acceptable to LESSEE, for any
party to whom rental payments are to be made pursuant to this Agreement; and (iii) other documentation
requested by LESSEE in LESSEE’s reasonable discretion. From time to time during the Term of this
Agreement and within thirty (30) days of a written request from LESSEE, LESSOR agrees to provide
updated Rental Documentation in a form reasonably acceptable to LESSEE. The Rental Documentation
shall be provided to LESSEE in accordance with the provisions of and at the address given in Paragraph
25. Delivery of Rental Documentation to LESSEE shall be a prerequisite for the payment of any rent by
LESSEE and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to make
any rental payments until Rental Documentation has been supplied to LESSEE as provided herein.
LESSEE acknowledges and agrees that the executed W-9 attached to this agreement as Exhibit “C” is
sufficient Rental Documentation for these purposes.

d. With respect to any party succeeding to the LESSOR’s interest, LESSEE shall
have no obligation to make any rental payments to any such assignee(s), transferee(s) or other
successor(s) in interest until LESSEE has received Rental Documentation in the manner set forth in the
preceding paragraph. Until such receipt, LESSEE shall continue to pay rent to LESSOR.

4, EXTENSIONS. This Agreement shall automatically be extended for four (4) additional
five (5) year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR
written notice of the intent to terminate at least six (6) months prior to the end of the then current term.

5. EXTENSION RENTALS. During the initial term and all subsequent extensions under
Paragraph 4 above, or Paragraph 6 below, the annual rental will increase on each yearly anniversary of the
Commencement Date in an amount equal to two percent (2.0%) of the previous year’s annual rent.

6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year extension
term this Agreement has not been terminated by either Party by giving to the other written notice of an
intention to terminate it at least three (3) months prior to the end of such term, this Agreement shall continue
in force upon the same covenants, terms, and conditions for a further term of five (5) years and for five (5)
year terms thereafter until terminated by either Party by giving to the other written notice of its intention to
so terminate at least three (3) months prior to the end of such term. The initial term and all extensions shall

be collectively referred to herein as the “Term”.

Page Image
Finance Committee - Agenda - 10/6/2021 - P177

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