OBLIGATION TO PAY SUMS DUE UNDER THIS LEASE), AND SUCH DELAY,
INTERRUPTION OR PREVENTION IS DUE TO FIRE, ACT OF GOD, GOVERNMENTAL ACT, ACTION
OR INACTION (INCLUDING, WITHOUT LIMITATION, GOVERNMENT DELAYS IN ISSUING ANY
REQUIRED BUILDING, CONSTRUCTION, OCCUPANCY OR OTHER PERMIT, CERTIFICATE OR
APPROVAL OR PERFORMING ANY INSPECTION OR REVIEW IN CONNECTION THEREWITH) STRIKE,
LABOR DISPUTE, INABILITY TO PROCURE MATERIALS, OR ANY OTHER CAUSE BEYOND SUCH
PARTY'S REASONABLE CONTROL (WHETHER SIMILAR OR DISSIMILAR), THEN SUCH PARTY
SHALL BE EXCUSED FROM PERFORMING THE AFFECTED OBLIGATIONS FOR THE PERIOD OF SUCH
DELAY, INTERRUPTION OR PREVENTION SO LONG AS SUCH PARTY EXERCISES DUE DILIGENCE
IN DEALING WITH SUCH MATTER.
TENANT HEREBY REPRESENTS AND WARRANTS TO LANDLORD THAT ALL NECESSARY ACTION HAS
BEEN TAKEN TO ENTER THIS LEASE AND THAT THE PERSON SIGNING THIS LEASE ON BEHALF
OF TENANT HAS BEEN DULY AUTHORIZED TO DO SO.
LANDLORD HEREBY REPRESENTS AND
WARRANTS TO TENANT THAT ALL NECESSARY ACTION HAS BEEN TAKEN TO ENTER THIS LEASE
AND THAT THE PERSON SIGNING THIS LEASE ON BEHALF OF LANDLORD HAS BEEN DULY
AUTHORIZED TO DO SO.
[INTENTIONALLY DELETED.]
[INTENTIONALLY DELETED.]
LANDLORD AND TENANT EACH HEREBY COVENANT AND AGREE THAT EACH AND EVERY PROVISION
OF THIS LEASE HAS BEEN JOINTLY AND MUTUALLY NEGOTIATED AND AUTHORIZED BY BOTH
LANDLORD AND TENANT; AND, IN THE EVENT OF ANY DISPUTE ARISING OUT OF ANY
PROVISION OF THIS LEASE, LANDLORD AND TENANT DO HEREBY WAIVE ANY CLAIM OF
AUTHORSHIP AGAINST THE OTHER PARTY.
THE TERM "DAYS", AS USED HEREIN, SHALL MEAN ACTUAL DAYS OCCURRING, INCLUDING,
SATURDAYS, SUNDAYS AND HOLIDAYS.
THE TERM "BUSINESS DAYS" SHALL MEAN DAYS OTHER
THAN SATURDAYS, SUNDAYS AND HOLIDAYS.
IF ANY ITEM MUST BE ACCOMPLISHED OR
DELIVERED HEREUNDER ON A DAY THAT IT IS NOT A BUSINESS DAY, IT SHALL BE DEEMED
TO HAVE BEEN TIMELY ACCOMPLISHED OR DELIVERED IF ACCOMPLISHED OR DELIVERED ON
THE NEXT FOLLOWING BUSINESS DAY.
FOR PURPOSES OF SECTION 55-218.1, CODE OF VIRGINIA (1950), AS AMENDED,
LANDLORD'S RESIDENT AGENT IS DAVE BOONE, 3261 FOXMILL ROAD, OAKTON, VIRGINIA
22124.
FOR PURPOSES OF SECTION 55-2, CODE OF VIRGINIA (1950), AS AMENDED, THIS
LEASE IS AND SHALL BE DEEMED TO BE A DEED OF LEASE.
THIS LEASE INCLUDES AND INCORPORATES RIDER NO. 1 AND EXHIBITS A-1, A-2, A-3,
A-4, A-5 AND A-6, B, C, D, E, F, G, H, I, J AND K TO THE LEASE.
RIGHT OF FIRST OFFER
FOLLOWING THE LEASE COMMENCEMENT DATE, TENANT SHALL HAVE THE RIGHT UNDER THIS
SECTION 26.1, AT ANY TIME AND FROM TIME TO TIME DURING THE LEASE TERM, AND ALL
RENEWAL TERMS HEREUNDER, TO LEASE ADDITIONAL SPACE ON ANY FLOOR OF THE BUILDING
(THE "ADDITIONAL SPACE") AS THE SAME BECOMES AVAILABLE FOLLOWING THE VACATION OF
SUCH LEASED SPACE BY THE THEN CURRENT TENANT OF SUCH SPACE, SUBJECT TO AND IN
ACCORDANCE WITH THE FOLLOWING TERMS AND CONDITIONS:
LANDLORD SHALL NOTIFY TENANT OF THE AVAILABILITY OF THE ADDITIONAL SPACE
("LANDLORD'S AVAILABLE SPACE NOTICE").
TENANT SHALL HAVE A PERIOD OF THIRTY (30) DAYS FOLLOWING RECEIPT OF THE
LANDLORD'S AVAILABLE SPACE NOTICE TO NOTIFY