demonstrates is the result of LESSEE’s use of the Premises and/or the installation, maintenance, and
operation of the LESSEE’s improvements, and any sales tax imposed on the rent (except to the extent that
LESSEE is or may become exempt from the payment of sales tax in the jurisdiction in which the Property is
located), including any increase in real estate taxes at the Property which LESSOR-demensivates-arises from
the LESSEE’s pap and/or LESSEE’s use of the Premises. -LESSOR-and LESSEE-shall-each-be
Notwithstanding the foregoing, LESSEE shall not have the obligation to pay any tax, assessment, or "charge
that LESSEE is disputing in good faith in appropriate proceedings prior to a final determination that such
tax is properly assessed provided that no lien attaches to the Property. Nothing in this Paragraph shall be
construed as making LESSEE ee scr any oe of LESSOR’s income taxes in connection with any
LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge
or seek modification of any tax assessment or billing for which LESSEE is wholly or partly responsible for
payment. In the event that as a result of any appeal or challenge by LESSEE, there is a reduction, credit or
repayment received by the LESSOR for any taxes previously paid by LESSEE, LESSOR agrees to promptly
reimburse to LESSEE the amount of said reduction, credit or repayment.
In mansion te to the be iE the P Parties Saute that the fSlowsins provisions of NH RSA 72:23 Lb)
art of this agree
Pty Lees 0 Ly Ate
vemne he LESSEE,
8. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose
of constructing, maintaining, repairing, and operating a communications facility and uses incidental thereto.
All improvements, equipment, antennas, and conduits of LESSEE shall be at LESSEE’s expense and their
installation shall be at the discretion and option of LESSEE. LESSEE shall have the right to replace, repair,
add, or otherwise modify its utilities, equipment, antennas and/or conduits, or any portion thereof, and the
frequencies over which the equipment operates, whether the equipment, antennas, conduits, or frequencies
are specified or not on any exhibit attached hereto, with no increase in rent, during the Term. It is
understood and agreed that LESSEE’s ability to use the Premises is contingent upon its obtaining after the
execution date of this Agreement all of the certificates, permits and other approvals (collectively the
“Governmental Approvals”) that may be required by any Federal, State or Local authorities as well as
satisfactory soil boring tests and structural analysis which will permit LESSEE use of the Premises as set
forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no
action which would adversely affect the status of the Property with respect to the proposed use thereof by
LESSEE. In the event that (i) any of such applications for such Governmental Approvals should be finally
rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise
withdrawn or terminated by governmental authority; (iii) LESSEE determines that such Governmental
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