TAXES, ESTATE TAXES, INHERITANCE TAXES,
SUCCESSION TAXES, GRANTOR'S TAXES, RECORDATION TAXES, AND TRANSFER TAXES, EXCEPT
TO THE EXTENT ANY OF SUCH TAXES ARE IN THE NATURE OF OR ARE IN SUBSTITUTION FOR
OR RECHARACTERIZATION OR REPLACEMENT OF REAL ESTATE TAXES.
IF TENANT BELIEVES
THAT A REAL ESTATE TAX ASSESSMENT SHOULD BE APPEALED, TENANT MAY SO INFORM
LANDLORD IN WRITING, AND LANDLORD WILL IN GOOD FAITH TAKE TENANT'S ANALYSIS INTO
CONSIDERATION IN MAKING A FINAL DETERMINATION ON WHETHER TO COMMENCE AN
APPEAL.
LANDLORD SHALL MAKE SUCH DETERMINATION WHETHER OR NOT TO CHALLENGE OR
APPEAL SUCH ASSESSMENT BASED ON LANDLORD'S REASONABLE JUDGMENT OF WHICH COURSE
IS IN THE BEST INTEREST OF THE BUILDING.
IF LANDLORD CONTESTS THE REAL ESTATE
TAXES FOR ANY CALENDAR YEAR AND SUCH CONTEST RESULTS IN AN INCREASE IN REAL
ESTATE TAXES FOR SUCH CALENDAR YEAR THEN, LANDLORD SHALL HAVE THE RIGHT TO BILL
TENANT FOR PRIOR UNDERPAYMENTS OF OPERATING EXPENSES THEREBY RESULTING.
IF
LANDLORD RECEIVES A REFUND OF ANY PORTION OF THE REAL ESTATE TAXES THAT WERE
INCLUDED IN THE REAL ESTATE TAXES ACTUALLY PAID BY TENANT (I.E., ABOVE THE LINE
ITEM FOR REAL ESTATE TAXES INCLUDED IN THE BASE YEAR), THEN LANDLORD SHALL
REIMBURSE TENANT ITS PRO RATA SHARE OF THE REFUNDED TAXES, LESS ANY EXPENSES
THAT LANDLORD REASONABLY INCURRED TO OBTAIN THE REFUND.
LANDLORD REPRESENTS
THAT THE LAND AND BUILDING ARE ASSESSED TOGETHER ON THE ASSESSMENT ROLLS OF
FAIRFAX COUNTY, VIRGINIA AND ARE ASSESSED AND TAXED SEPARATELY FROM ANY OTHER
PROPERTY.
LANDLORD SHALL USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT THE
LAND AND THE BUILDING ARE AT ALL TIMES ASSESSED AND TAXED SEPARATELY FROM ANY
OTHER PROPERTY.
THROUGHOUT THE LEASE TERM, LANDLORD SHALL USE REASONABLE EFFORTS TO KEEP
OPERATING EXPENSES AT REASONABLE AMOUNTS WHILE MAINTAINING A FIRST-CLASS OFFICE
BUILDING.
IF THE BUILDING IS OPERATED AS A PART OF THE COMPLEX, THEN COMPLEX
COMMON EXPENSES SHALL BE INCLUDED IN OPERATING EXPENSES.
AS USED ABOVE, THE
TERM "COMPLEX COMMON EXPENSES" SHALL MEAN THOSE OPERATING EXPENSES INCURRED BY
LANDLORD IN OWNING, OPERATING AND/OR MANAGING THE COMPLEX (AS OPPOSED TO THOSE
OPERATING EXPENSES RELATED EXCLUSIVELY TO THE BUILDING), BUT ONLY A FRACTION OF
SUCH EXPENSES, THE NUMERATOR OF WHICH IS THE NUMBER OF SQUARE FEET OF RENTABLE
AREA IN THE BUILDING AND THE DENOMINATOR OF WHICH IS THE NUMBER OF SQUARE FEET
OF RENTABLE AREA IN THE COMPLEX (OR THE PORTION OF THE COMPLEX BENEFITING FROM
THE APPLICABLE OPERATING EXPENSE).
IN THE EVENT THE AVERAGE OCCUPANCY RATE FOR THE ENTIRE BUILDING SHALL BE
LESS THAN ONE HUNDRED PERCENT (100%) OR IF ANY TENANT IS PAYING SEPARATELY FOR
ELECTRICITY OR OTHER UTILITIES OR SERVICES FOR ANY CALENDAR YEAR (INCLUDING THE
BASE YEAR), THEN, FOR PURPOSES OF CALCULATING THE ADDITIONAL RENT PAYABLE BY
TENANT PURSUANT TO THIS ARTICLE IV FOR EACH CALENDAR YEAR, THE PORTION OF
OPERATING EXPENSES FOR THE BASE YEAR AND SUCH CALENDAR YEAR THAT FLUCTUATE
DEPENDING ON THE LEVEL OF OCCUPANCY OF THE BUILDING (INCLUDING, WITHOUT
LIMITATION, REAL ESTATE TAXES) SHALL BE INCREASED BY THE AMOUNT OF ADDITIONAL
COSTS