enthe-Fewer- Upon LESSOR’s satisfaction with the installation and operation of its lighting equipment
on the Tower and at the direction of LESSOR, LESSEE shall decommission and remove the existing
light pole.
——F, Transition to Operational Phase. As soon as practicable after completion of the Tower,
the compound surrounding the Tower, including the availability of utilities within the compound, and the
i ion of LESSOR’s equipmentlighting fixture on the Tower and removal of existing tower,
LESSEE shall submit is application for a building permit for its ground-based equipment and antennas.
The date of the issuance of the building permit to LESSEE for its ground-based equipment and antennas
shall trigger the Commencement Date of the Lease (by the mechanism described in Section 3 below), and
the Commencement Date shall mark both the end of the Construction Phase and the beginning of the
Operational Phase, at which time the following provisions shall apply:
9. Role of City. This Agreement binds Lessor only in its capacity as Owner of the
hy all be construed to oblige the City of Nashua to grant any land use, building
B. Operati ha
1, PREMISES. LESSOR hereby leases to LESSEE a portion of that certain space (the
“Tower Space”) on the LESSOR’s Tower, together with a parcel of land (the “Land Space”) sufficient for
the installation of LESSEE’s ground-based equipment; together with the non-exclusive right (“the Right of
Way”) for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle,
including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes
over, under, or along a twenty foot (20°) wide right-of-way extending from the nearest public right-of-way
to the Land Space; and together with any further rights of way (the “Further Rights of Way”) over and
through the Property between the Land Space and the Tower Space for the installation and maintenance of
utility wires, poles, cables, conduits, and pipes. The Tower Space, Land Space, Right of Way and Further
Rights of Way, if any, are substantially described in Exhibit A, attached hereto and made a part hereof and
are collectively referred to hereinafter as the “Premises”.
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