been deemed an original, but which shall constitute one and the same instrument, is to be
construed according to the Laws of the State of New Hampshire, is to take effect as a sealed
instrument, is binding upon, inures to the benefit of, and shall be enforceable by the parties
hereto and their respective successors and assigns, and may be canceled, modified, or amended
only by a written instrument executed and approved by the LANDLORD and LESSEE.
19.04 No Waiver of Breach. No assent, by either party, whether express or
implied, to a breach of covenant, condition or obligation by the other party, shall act as a waiver
of a right of action for damages as a result of such breach, or shall be construed as a waiver of
any subsequent breach of the covenant, condition or obligation.
19.05 Unenforceable Terms. If any terms of this LEASE AGREEMENT or any
application thereof shall be invalid or unenforceable, the remainder of this LEASE
AGREEMENT and any application of such term shall not be affected thereby.
19.06 Entire Agreement. This LEASE AGREEMENT embodies the entire
agreement and understanding between the parties hereto and supersedes all prior agreements and
understandings relating to the subject matter hereof.
19.07 Applicable Laws and Forum. This LEASE AGREEMENT shall be
governed exclusively by the laws of the State of New Hampshire and any claim or action brought
relating to this LEASE AGREEMENT, or referable in anyway thereto shall be brought in
Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in the New
Hampshire 9th Circuit Court—Nashua and not elsewhere.
19.08 Taxes. Pursuant to NH RSA 72:23, LESSEE shall pay all properly
assessed real and personal property taxes no later than the due date. Failure of the LESSEE to
pay the duly assessed personal and real estate taxes when due shall be cause to terminate this
LEASE AGREEMENT by the LANDLORD. LESSEF’s obligation to pay such taxes extends to
real and personal property taxes on structures or improvements added by the LESSEE. If the
LESSEE fails to pay the duly assessed personal and real estate taxes on the due date, the tax
collector of the City of Nashua shall notify the LANDLORD that the same remains unpaid. Upon
receipt of said notification from the tax collector, the LANDLORD shall terminate this LEASE
AGREEMENT and pay over to the tax collector from amounts received from said lease such
sums as are necessary to satisfy the tax due.
IN WITNESS WHEREOPF, the parties hereto have set their hands as of the day and year first
above written.
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