HEREIN TO THE CONTRARY, IN THE CASE OF DAMAGE
TO THE PREMISES THAT IS CAUSED BY (I) THE NEGLIGENCE OR WILLFUL MISCONDUCT OF
LANDLORD OR LANDLORD'S EMPLOYEES, AGENTS OR CONTRACTORS IN CONNECTION WITH THE
ROUTINE MAINTENANCE AND OPERATION OF THE BUILDING, OR (II) THE GROSS NEGLIGENCE
OF LANDLORD OR LANDLORD'S EMPLOYEES, AGENTS OR CONTRACTORS IN CONNECTION WITH
THE PROVISION OF MAINTENANCE OR SERVICES REQUESTED BY TENANT, LANDLORD SHALL BE
RESPONSIBLE FOR PAYMENT OF A PORTION OF THE REPAIR COSTS EQUAL TO THE AMOUNT OF
THE DEDUCTIBLE UNDER TENANT'S INSURANCE POLICY, BUT NOT TO EXCEED THE AMOUNT OF
THE DEDUCTIBLE THAT WOULD APPLY TO A SIMILAR OCCURRENCE UNDER LANDLORD'S
INSURANCE POLICY.
LANDLORD SHALL KEEP AND MAINTAIN THE EXTERIOR AND DEMISING WALLS,
FOUNDATIONS, ROOF, LANDSCAPED AREAS AND COMMON AREAS THAT FORM A PART OF THE
BUILDING, AND THE BASE BUILDING STANDARD MECHANICAL, ELECTRICAL, HVAC PLUMBING
AND FIRE LIFE SAFETY SYSTEMS, PIPES AND CONDUITS THAT ARE PROVIDED BY LANDLORD
IN THE OPERATION OF THE BUILDING OR, ON A NON-EXCLUSIVE BASIS, THE PREMISES IN
CLEAN, SAFE, SANITARY AND GOOD OPERATING CONDITION IN ACCORDANCE WITH STANDARDS
CUSTOMARILY MAINTAINED BY FIRST-CLASS OFFICE BUILDINGS LOCATED WITHIN THE AREA
BOUNDED BY NEW DOMINION PARKWAY, RESTON PARKWAY, TOWN CENTER PARKWAY AND DULLES
TOLL ROAD IN RESTON, VIRGINIA (COLLECTIVELY, THE "MARKET AREA"), AND WILL MAKE
ALL REQUIRED REPAIRS THERETO.
ALL COMMON OR PUBLIC AREAS OF THE BUILDING AND
THE LAND UPON WHICH IT IS SITUATED (INCLUDING WITHOUT LIMITATION THE FIRST FLOOR
LOBBY AREA AND THE EXTERIOR LANDSCAPING) SHALL BE MAINTAINED BY LANDLORD IN
ACCORDANCE WITH STANDARDS CUSTOMARILY MAINTAINED BY FIRST-CLASS OFFICE BUILDINGS
IN THE MARKET AREA.
TENANT SHALL PROMPTLY PROVIDE LANDLORD WITH WRITTEN NOTICE
OF ANY DEFECT OR NEED FOR REPAIRS IN OR ABOUT THE BUILDING OF WHICH TENANT IS
AWARE; PROVIDED, HOWEVER, LANDLORD'S OBLIGATION TO REPAIR HEREUNDER SHALL NOT BE
LIMITED TO MATTERS OF WHICH IT HAS BEEN GIVEN NOTICE BY TENANT.
NOTWITHSTANDING
ANY OF THE FOREGOING TO THE CONTRARY, MAINTENANCE AND REPAIR OF SPECIAL TENANT
AREAS, FACILITIES, FINISHES AND EQUIPMENT (INCLUDING, BUT NOT LIMITED TO, ANY
SPECIAL FIRE PROTECTION EQUIPMENT, TELECOMMUNICATIONS AND COMPUTER EQUIPMENT,
KITCHEN/GALLEY EQUIPMENT, AIR-CONDITIONING EQUIPMENT SERVING THE PREMISES ONLY
AND ALL OTHER FURNITURE, FURNISHINGS AND EQUIPMENT OF TENANT AND ALL
ALTERATIONS) SHALL BE THE SOLE RESPONSIBILITY OF TENANT AND SHALL BE DEEMED NOT
TO BE A PART OF THE BUILDING STRUCTURE AND SYSTEMS.
NOTWITHSTANDING ANYTHING
CONTAINED HEREIN TO THE CONTRARY, IN THE CASE OF DAMAGE TO THE BUILDING THAT IS
CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF TENANT OR ANY AGENT, EMPLOYEE,
SUBTENANT, CONTRACTOR, CUSTOMER, GUEST OR INVITEE OF TENANT (COLLECTIVELY,
"INVITEE"), TENANT SHALL BE RESPONSIBLE FOR PAYMENT OF THE AMOUNT BY WHICH THE
COSTS AND EXPENSES TO REPAIR EXCEED THE INSURANCE PROCEEDS, IF ANY, RECEIVED BY
LANDLORD ON ACCOUNT OF SUCH DAMAGE (OR WHICH WOULD HAVE BEEN RECEIVED IF
LANDLORD MAINTAINED THE INSURANCE REQUIRED TO BE MAINTAINED BY LANDLORD
HEREUNDER), INCLUDING, BUT NOT LIMITED TO, THE AMOUNT OF LANDLORD'S COMMERCIALLY
REASONABLE DEDUCTIBLE AND ANY NON-INSURED EVENTS.
IN UNDERTAKING ANY REPAIRS,
TESTING, ADJUSTING OR