WRITTEN AMENDMENT TO THIS LEASE INCORPORATING SUCH
REQUIRED CHANGES, AND TENANT HEREBY COVENANTS AND AGREES TO EXECUTE, ACKNOWLEDGE
AND DELIVER SUCH AMENDMENT TO LANDLORD WITHIN FIFTEEN (15) DAYS OF TENANT'S
RECEIPT THEREOF.
LANDLORD SHALL OBTAIN FROM THE HOLDER OF ANY MORTGAGE OR DEED OF TRUST
PREVIOUSLY OR HEREAFTER PLACED ON THE BUILDING A NON-DISTURBANCE AGREEMENT (AN
"SNDA") ON SUCH HOLDER'S STANDARD FORM (OR ON ANY OTHER FORM OR WITH SUCH
CHANGES TO SUCH HOLDER'S FORM AS MAY BE ACCEPTABLE TO TENANT AND SUCH HOLDER) IN
FAVOR OF TENANT TO THE END AND INTENT THAT AS LONG AS TENANT IS NOT IN DEFAULT
HEREUNDER BEYOND ANY APPLICABLE NOTICE AND CURE PERIOD, THE TERMS AND CONDITIONS
OF THIS LEASE SHALL CONTINUE IN FULL FORCE AND EFFECT AND TENANT'S POSSESSION,
USE AND OCCUPANCY OF THE PREMISES SHALL NOT BE DISTURBED DURING THE TERM OF THIS
LEASE BY THE HOLDER OF SUCH MORTGAGE OR DEED OF TRUST OR BY ANY PURCHASER UPON
FORECLOSURE OF SUCH MORTGAGE OR DEED OF TRUST.
TO SATISFY THE REQUIREMENTS OF
THIS SECTION 21.3(D), THE FINAL FORM OF ANY SUCH SNDA MUST BE A MARKET SNDA,
TAKING INTO ACCOUNT THE SQUARE FOOTAGE, TENANT, AND OTHER TERMS OF THIS LEASE.
HOLDING OVER
IN THE EVENT THAT TENANT SHALL NOT IMMEDIATELY SURRENDER THE PREMISES OR ANY
PORTION THEREOF ON THE DATE OF THE EXPIRATION OR EARLIER TERMINATION OF THE
LEASE TERM WITH RESPECT TO THE PREMISES OR ANY PORTION THEREOF, TENANT SHALL
BECOME A TENANT BY THE MONTH AT A BASE RENT AND ADDITIONAL RENT EQUAL TO ONE
HUNDRED FIFTY PERCENT (150%) OF THE AMOUNT OF THE ANNUAL BASE RENT AND ALL
ADDITIONAL RENT IN EFFECT DURING THE LAST MONTH OF THE LEASE TERM.
SAID MONTHLY
TENANCY SHALL COMMENCE ON THE FIRST DAY FOLLOWING THE EXPIRATION OF THE LEASE
TERM.
AS A MONTHLY TENANT, TENANT SHALL BE SUBJECT TO ALL THE TERMS,
CONDITIONS, COVENANTS AND AGREEMENTS OF THIS LEASE.
TENANT SHALL GIVE TO
LANDLORD AT LEAST THIRTY (30) DAYS' WRITTEN NOTICE OF ANY INTENTION TO QUIT THE
PREMISES.
TENANT SHALL BE ENTITLED TO THIRTY (30) DAYS' WRITTEN NOTICE TO QUIT
THE PREMISES, WHICH NOTICE SHALL NOT BE GIVEN UNTIL THE EXPIRATION OF THE LEASE
TERM, UNLESS TENANT IS IN DEFAULT HEREUNDER, IN WHICH EVENT TENANT SHALL NOT BE
ENTITLED TO ANY NOTICE TO QUIT, THE USUAL THIRTY (30) DAYS' NOTICE TO QUIT BEING
HEREBY EXPRESSLY WAIVED.
NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS
SECTION 22.1, IN THE EVENT THAT TENANT SHALL HOLD OVER AFTER THE EXPIRATION OF
THE LEASE TERM, AND IF LANDLORD SHALL DESIRE TO REGAIN POSSESSION OF THE
PREMISES PROMPTLY AT THE EXPIRATION OF THE LEASE TERM, THEN AT ANY TIME PRIOR TO
LANDLORD'S ACCEPTANCE OF RENT FROM TENANT AS A MONTHLY TENANT HEREUNDER,
LANDLORD, AT ITS OPTION MAY FORTHWITH TAKE POSSESSION OF THE PREMISES BY ANY
LEGAL PROCESS IN FORCE IN THE COMMONWEALTH OF VIRGINIA.
IF TENANT HAS NOT EXERCISED ITS RIGHT TO ADD THE WILSON PREMISES TO THE PREMISES
PURSUANT TO SECTION 1.1(D) OF THIS LEASE AND TENANT FAILS