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2013_0325_packet
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2013_0325_packet
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3/25/2013 4:00:22 PM
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23.GOVERNING LAW. This Agreement and the performance thereof shall be <br />governed, interpreted, construed and regulated by the Laws of the State in which the Property is <br />located. <br />24.ASSIGNMENT. This Agreement may be sold, assigned or transferred by the <br />LESSEE without any approval or consent of the LESSOR to the LESSEE’s principal, affiliates, <br />subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE’s <br />assets in the market defined by the Federal Communications Commission in which the Property <br />is located by reason of a merger, acquisition or other business reorganization. As to other <br />parties, this Agreement may not be sold, assigned or transferred without the written consent of <br />the LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. <br />No change of stock ownership, partnership interest or control of LESSEE or transfer upon <br />partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder. <br />25.NOTICES. All notices hereunder must be in writing and shall be deemed validly <br />given if sent by certified mail, return receipt requested or by commercial courier, provided the <br />courier’s regular business is delivery service and provided further that it guarantees delivery to <br />the addressee by the end of the next business day following the courier’s receipt from the sender, <br />addressed as follows (or any other address that the Party to be notified may have designated to <br />the sender by like notice): <br />LESSOR:City of Roseville <br />2660 Civic Center Drive <br />Roseville, Minnesota55113 <br />(651) 792-7031 <br />LESSEE:Verizon Wireless (VAW) LLC <br />d/b/a Verizon Wireless <br />180 Washington Valley Road <br />Bedminster, New Jersey 07921 <br />Attention: Network Real Estate <br />Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained <br />pursuant to the foregoing. <br />26.SUCCESSORS. This Agreement shall extend to and bind the heirs, personal <br />representative, successors and assigns of the Parties hereto. <br />27.SUBORDINATION AND NON-DISTURBANCE. LESSOR shall obtain not <br />later than fifteen (15) days following the execution of this Agreement, a Non-Disturbance <br />Agreement, as defined below, from its existing mortgagee(s), ground lessors and master lessors, <br />if any, of the Property. At LESSOR’s option, this Agreement shall be subordinate to any future <br />master lease, ground lease, mortgage, deed of trust or other security interest (a “Mortgage”) by <br />LESSOR which from time to time may encumber all or part of the Property, Tower or right-of- <br />way; provided, however, as a condition precedent to LESSEE being required to subordinate its <br />interest in this Agreement to any future Mortgage covering the Tower or Property, LESSOR <br />shall obtain for LESSEE’s benefit a non-disturbance and attornment agreement for LESSEE’s <br />MINCRosey <br />10 <br />Tower Lease Agreement <br />2201205v4 <br /> <br />
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