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Board Of Aldermen - Agenda - 9/14/2021 - P127

By dnadmin on Mon, 11/07/2022 - 07:09
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IN WITNESS WHERECE, the Parties hereto have signed below on the dates indicated, to be
effective as set forth in the opening paragraph of this Agreement.

LESSOR: CITY OF NASHUA

By:
Name:
Title:
Dated:

LESSEE: CELLCO PARTNERSHIP d/b/a Verizon Wireless

By:
Name:
Title:
Dated:

The following Exhibits are attached hereto and incorporated by reference:

“A” — Lease Exhibit showing Premises within Property and location of the Tower

“Ru
“¢* Survey (LESSEE’s option)
a. I ESSOR g Wo

Board Of Aldermen - Agenda - 9/14/2021 - P126

By dnadmin on Mon, 11/07/2022 - 07:09
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losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this
Agreement to expire with the same force and effect as though the date set forth in such notice were the
date originally set as the expiration date of this Agreement and the Parties shall make an appropriate
adjustment as of such termination date with respect to payments due to the other under this Agreement.
If LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement shall

Board Of Aldermen - Agenda - 9/14/2021 - P125

By dnadmin on Mon, 11/07/2022 - 07:09
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a. LESSOR will be responsible for all obligations of compliance with any and all
environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies
of any governmental authorities regulating or imposing standards of liability or standards of conduct with
regard to any environmental or industrial hygiene conditions or concerns as may now or at any time
hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way

Board Of Aldermen - Agenda - 9/14/2021 - P124

By dnadmin on Mon, 11/07/2022 - 07:09
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a. In the event there is a breach by LESSEE with respect to any of the provisions of
this Agreement or its obligations under it, including the payment of rent, LESSOR shail give LESSEE
written notice of such breach. After receipt of such written notice, LESSEE shall have fifteen (15) days
in which to cure any monetary breach and thirty (30) days in which to cure any non-monetary breach,
provided LESSEE shall have such extended period as may be required beyond the thirty (30) days if the

Board Of Aldermen - Agenda - 9/14/2021 - P123

By dnadmin on Mon, 11/07/2022 - 07:09
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180 Washington Vailey Road
Bedminster, New Jersey 07921
Attention: Network Real Estate

Notice shail 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 shall obtain not later than

Board Of Aldermen - Agenda - 9/14/2021 - P122

By dnadmin on Mon, 11/07/2022 - 07:09
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andthat it has full authority to enter into and execute this Agreement:, and that, to the LESSOR.
eovenants-during the-Ferm-that’s best knowledge, there are no liens, judgments or impediments of title
on the Property, or affecting LESSOR’s title to the same and that there are no covenants, easements or
restrictions which prevent or adversely affect the use or occupancy of the Premises by LESSEE as set

forth above.

Board Of Aldermen - Agenda - 9/14/2021 - P121

By dnadmin on Mon, 11/07/2022 - 07:09
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equipment, antenna(s), equipment,conduits, fixtures, and all personal property and restore the Premises
to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and
acknowledges that all of the equipment, conduits, fixtures, and personal property of LESSEE shall
remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any
time during the Term, whether or not said items are considered fixtures and attachments to real property

Board Of Aldermen - Agenda - 9/14/2021 - P120

By dnadmin on Mon, 11/07/2022 - 07:09
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{INTENTIO A D ET D.

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 ee sauce repels, including maintenance, the

LESSEE may ae ML repairs at its. sole cost and the-cest

Board Of Aldermen - Agenda - 9/14/2021 - P119

By dnadmin on Mon, 11/07/2022 - 07:09
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Approvals may not be obtained in a timely manner, (iv) LESSEE determines that any soil boring tests or
structural analysis is unsatisfactory; (v) LESSEE determines that the Premises is no longer technically or
structurally compatible for its use, or (vi) 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

Board Of Aldermen - Agenda - 9/14/2021 - P118

By dnadmin on Mon, 11/07/2022 - 07:09
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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 $ improvements ar and/or LESSEE’s use of the Premises. -LESSOR-and LESSEE -shall-each-be

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