THIS LEASE) OR
SUBTENANT SHALL HAVE ANY RIGHTS PURSUANT TO THIS ARTICLE EXCEPT AS APPROVED BY
LANDLORD, WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD, CONDITIONED, OR
DELAYED.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IF ANY ASSIGNEE OR
SUBTENANT IS PERMITTED TO USE ANY COMMUNICATIONS EQUIPMENT OR OTHER
COMMUNICATION EQUIPMENT ON THE ROOF OF THE BUILDING, THEN SUCH PERSON OR ENTITY
SHALL REIMBURSE LANDLORD AT THE MARKET RATE THAT LANDLORD WOULD CHARGE A THIRD
PARTY FOR SUCH RIGHTS.
TENANT SHALL MAINTAIN SUCH INSURANCE AS IS APPROPRIATE WITH RESPECT TO THE
INSTALLATION, OPERATION AND MAINTENANCE OF THE COMMUNICATIONS EQUIPMENT.
LANDLORD SHALL ENDEAVOR TO CAUSE SATELLITE DISHES OR ANTENNAE INSTALLED ON THE
ROOF SUBSEQUENT TO THE COMMUNICATIONS EQUIPMENT TO BE INSTALLED IN A MANNER THAT
WILL NOT INTERFERE WITH THE OPERATION OF THE COMMUNICATIONS EQUIPMENT; PROVIDED,
HOWEVER, THAT LANDLORD SHALL HAVE NO LIABILITY ON ACCOUNT OF ANY DAMAGE TO OR
INTERFERENCE WITH THE OPERATION OF THE COMMUNICATIONS EQUIPMENT EXCEPT FOR
PHYSICAL DAMAGE CAUSED BY LANDLORD'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND
LANDLORD EXPRESSLY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE
CAPACITY FOR A COMMUNICATIONS EQUIPMENT PLACED ON THE ROOF OF THE BUILDING TO
RECEIVE OR TRANSMIT SIGNALS.
THE OPERATION OF THE COMMUNICATIONS EQUIPMENT
SHALL BE AT TENANT'S SOLE AND ABSOLUTE RISK.
TENANT SHALL IN NO EVENT INTERFERE
WITH THE USE OF ANY OTHER COMMUNICATIONS EQUIPMENT LOCATED ON THE ROOF OF THE
BUILDING.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR IN THIS ARTICLE XXVII, TENANT'S
RIGHT TO USE THE ROOF OF THE BUILDING FOR THE COMMUNICATIONS EQUIPMENT SHALL BE
AT NO ADDITIONAL COST TO TENANT.
GENERATOR RIGHTS
SUBJECT TO THE CONDITIONS AND REQUIREMENTS OF THIS ARTICLE XXVIII, TENANT SHALL
BE PERMITTED TO INSTALL, FREE OF CHARGE, AT ITS SOLE COST AND EXPENSE, A BACK-UP
POWER GENERATOR AND ALL NECESSARY FUEL TANKS (IF ANY), BATTERIES (IF ANY), AND
FEEDERS AND CONDUITS EXTENDING FROM SUCH GENERATOR TO THE PREMISES
(COLLECTIVELY, THE "GENERATOR").
THE GENERATOR SHALL BE PLACED ONLY IN A LOCATION IN THE BUILDING OR ON THE LAND
TO BE DESIGNATED BY LANDLORD IN ITS SOLE DISCRETION AS OUTLINED ON THE SITE PLAN
ATTACHED HERETO AS EXHIBIT A (SAID AREA IS HEREINAFTER REFERRED TO AS THE
"GENERATOR SUPPORT AREA").
LANDLORD MAY, IN ITS SOLE DISCRETION, REQUIRE THAT
SUCH AREA BE ENCLOSED BY SCREENING MATERIALS DESIGNATED BY LANDLORD.
THE AREA
IN WHICH THE GENERATOR IS LOCATED SHALL BE SUBJECT TO ALL OF THE PROVISIONS OF
THE LEASE AS IF IT WERE LOCATED WITHIN THE PREMISES INCLUDING TENANT'S
OBLIGATION TO OBTAIN ALL GOVERNMENTAL AND OTHER APPROVALS, INCLUDING BUT NOT
LIMITED TO THE RESTON TOWN CENTER DESIGN REVIEW BOARD.
IF THE GENERATOR SUPPORT
AREA IS LOCATED IN THE PARKING GARAGE, THEN THE NUMBER OF PARKING SPACES, IF
ANY, COMPRISING THE GENERATOR SUPPORT AREA SHALL BE DEDUCTED FROM THE NUMBER OF
PARKING SPACES AVAILABLE FOR TENANT'S USE PURSUANT TO ARTICLE XXIV HEREOF.
THE GENERATOR SHALL BE USED ONLY FOR BACKUP OPERATIONS DURING THE PENDENCY OF
ANY POWER OUTAGES.
THE GENERATOR SHALL NOT BE USED (A) FOR THE BENEFIT OF