at any time and take such action as may be lawful! and authorized under this Agreement, in law or in
equity.
23. GOVERNING LAW. This Agreement and the performance thereof shall be governed,
interpreted, construed, and regulated by the Laws of the State of New Hampshire. Any action in law or in
equity alleging breach of this lease or which is in any way referable thereto shall be brought in the
Hillsborough County New Hampshire Superior Court for the Southern Judicial District or the New
Hampshire 9" Circuit Court situate in Nashua, and not elsewhere
24. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the LESSEE
without any approval or consent of the LESSOR to the LESSEE’s principal, affiliates, subsidiaries of its
principal or to any entity which acquires all or substantially all of LESSEE’s assets in the market defined
by the Federal Communications Commission in which the Property is located by reason of a merger,
acquisition or other business reorganization. As to other parties, this Agreement may not be sold, assigned
or transferred without the written consent of the LESSOR, which such consent will not be unreasonably
withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of
LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment
hereunder,
25, NOTICES. Al! notices hereunder must be in writing and shali be deemed validly given if
sent by certified mail, return receipt requested or by commercial courier, provided the courier’s regular
business is delivery service and provided further that it guarantees delivery to the addressee by the end of
the next business day following the courier’s receipt from the sender, addressed as follows (or any other
address that the Party to be notified may have designated to the sender by like notice):
LESSOR: City of Nashua
PO Box 2019, 229 Main Street
Nashua, New Hampshire, 03061
LESSEE: Cellco Partnership
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant
to the foregoing.
26. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal
representative, successors and assigns of the Parties hereto.
27. SUBORDINATION AND NON-DISTURBANCE. LESSOR shail obtain not later than
fifteen (15) days following the execution of this Agreement, a Non-Disturbance Agreement, as defined
below, from its existing mortgagee(s), ground lessors and master lessors, if any, of the Property. At
LESSOR’s option, this Agreement shall be subordinate to any future master lease, ground lease,
mortgage, deed of trust or other security interest (a “Mortgage”) by LESSOR which from time to time
may encumber all or part of the Property or right-of-way, provided, however, as a condition precedent to
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