Agenda

the cure to completion. LESSEE may not maintain any action or effect any remedies for default against
LESSOR unless and until LESSOR has failed to cure the breach within the time periods provided in this
Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if
LESSOR fails, within five (5} business days after receipt of written notice of such breach, to perform an
obligation required to be performed by LESSOR if the failure to perform such an obligation interferes

LESSEE being required to subordinate its interest in this Agreement to any future Mortgage covering the
Property, LESSOR shall obtain for LESSEE’s benefit a non-disturbance and attornment agreement for
LESSEE’s benefit in the form reasonably satisfactory to LESSEE, and containing the terms described
below (the “Non-Disturbance Agreement”), and shall recognize LESSEE’s right to remain in occupancy
of and have access to the Premises as long as LESSEE is not in default of this Agreement beyond

at any time and take such action as may be lawful! and authorized under this Agreement, in law or in
equity.

expiration or earlier removal period set forth in Paragraph 16 shall equal to 150% of the rent applicable
during the month immediately preceding such expiration or earlier termination.

14. TOWER COMPLIANCE. LESSOR covenants that it will keep the Tower in good repair
as required by all Laws (as defined in Paragraph 35 below). The LESSOR shall also comply with all
rules and regulations enforced by the Federal Communications Commission with regard to the lighting,
marking, and painting of towers. If the LESSOR fails to make such repairs, including maintenance, the
LESSEE may make the repairs at its sole cost and expense.

LESSEE, in its sole discretion, determines that the use the Premises is obsolete or unnecessary, LESSEE
shall have the right to terminate this Agreement. Notice of LESSEE’s exercise of its right to terminate
shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective
upon the mailing of such notice by LESSEE, or upon such later date as designated by LESSEE. All
rentals paid to said termination date shall be retained by LESSOR. Upon such termination, this

7. TAXES. LESSEE shall have the responsibility to pay, no later than the due date, any
personal property, real estate taxes, assessments, or charges owed on the Property which 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),

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”).

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
Property. Nothing herein shail be construed to oblige the City of Nashua to grant any land use, building,
or other permits.

B. Operational Phase

I. Design and Engineering. LESSEE shall commission and arrange for the design,
engineering, construction, and installation of the Tower, by its approved vendors. The Tower shall be
designed and engineered to support both LESSEE’s equipment and LESSOR’s lighting fixture, based on
TIA/EIA-222-G, ANSI’s seventh revision for Steel Antenna Towers and Antenna Supporting Structures.

2. Location. The Tower shall be erected on that area of the Property described or depicted
on Exhibit A attached to this Agreement.