Spectrum Systems. LLC
2355 Duiles Cornerr Bivd, Suite 600
LEASE (this “Lease”) is entered into as of December 22, 2015, between BRANDYWINE OPERATING PARTNERSHIP,
L.P., a Delaware limited partnership (“Landlord”). and SPECTRUM SYSTEMS, LLC, a Delaware limited liability
CONSIDERATION of the mutual covenants below, and intending to be legally bound, Landlord and Tenant agree as follows:
Collectively, Jones Lang LaSalle (representing Tenant), and DTZ (representing Landlord).|
2355 Dulles Corner Boulevard, Dulles Corner, Herndon, Virginia 20171.|
Date”: April 1, 2016.|
Date”: September 30, 2018|
|TIME PERIOD|| ||
||GROSS RENT |
- 4/30/16|| ||
- 3/31/17|| ||
- 3/31/18|| ||
- 9/30/18|| ||
Dulles Corner Blvd., Suite 600
Brandywine Realty Trust|
International Drive, Suite 1350|
for billing contact:_______
@ Spectrum - Systems.
a copy to: Legal.Notices@bdnreit.com|
Suite 600, consisting of 11,012 rentable square feet in the Building, as shown on Exhibit
Improvements”: None. Tenant accepts the Premises in their "AS IS", "WHERE IS" condition.|
Terms and Conditions. This Lease incorporates the Terms and Conditions, and all exhibits attached hereto, as if set forth
in full in the body of this Lease. Capitalized terms used but not defined in the Terms and Conditions have the respective meanings
given to them above.
WITNESS WHEREOF, the parties hereto have executed this Lease under seal as of the day and year first-above stated.
|BRANDYWINE OPERATING PARTNERSHIP, L.P.
||SPECTRUM SYSTEMS, LLC|
|By: Brandywine Realty Trust, its general partner
President, Asset Management
AND CONDITIONS TO LEASE
Landlord leases to Tenant, and Tenant leases from Landlord, the Premises for the Term upon the terms and subject to the conditions
of this Lease Except for the Tenant Improvements (if any), Tenant accepts the Premises in their “AS IS”, “WHERE IS”
The term of this Lease (“Term”) commences on the Commencement Date and expires on the Expiration Date, unless
earlier terminated by the terms of this Lease The terms and conditions of this Lease are binding on the parties upon full execution
and delivery of this Lease. By a Confirmation of Lease Term prepared on Landlord's standard form therefor (the “COLT”),
Landlord shall notify Tenant of the Commencement Date and all other matters stated therein. The COLT shall be conclusive and binding
on Tenant as to all matters set forth therein (but shall in no event alter the terms of this Lease), unless within 30 days following
delivery of the COLT to Tenant, Tenant contests any of the matters contained therein by notifying Landlord in writing of Tenant's
Security Deposit, Late Fee.
must pay to Landlord during the Term, without notice, demand, setoff, deduction, or counterclaim, the Gross Rent in the amounts
set forth above The Monthly Installment of Gross Rent is payable to Landlord in advance on or before the first day of each month
of the Term. “Rent” means Gross Rent together with all other amounts due under this Lease. All Rent payments
must include the Building number and the Lease number, which will be provided by Landlord, and be sent by electronic funds transfer
as follows (or as otherwise directed in writing by Landlord to Tenant from time to time): (i) ACH debit of funds, provided Tenant
shall first complete Landlord’s then-current forms authorizing Landlord to automatically debit Tenant's bank account; or
(ii) ACH credit of immediately available funds to an account designated by Landlord. “ACH” means .Automated
Clearing House network or similar system designated by Landlord.
with Tenant's delivery of a signed copy of this Lease, Tenant must pay to Landlord: (i) the first month's Gross Rent; and (ii)
the Security Deposit. No interest will be paid to Tenant on the Security Deposit, and Landlord may commingle the Security Deposit
with other funds of Landlord. Landlord may use the whole or any part of the Security Deposit to cure an Event of Default. If any
portion of the Security Deposit is used by Landlord, Tenant must pay to Landlord within 10 days after receipt of notice an amount
sufficient to restore the Security Deposit to its original amount. Landlord will return the balance of the Security Deposit to
Tenant within 1 month after the later of the Expiration Date, Tenant's surrender of possession of the Premises to Landlord in
the condition required under this Lease, and Tenant's payment of all outstanding Rent.
Landlord does not receive the full payment of any Rent when due, Tenant must pay to Landlord a late fee in the amount of 5%
of such overdue amount If any Rent payment is returned for insufficient funds, Tenant must pay a fee of $30 00 per returned
Services. Landlord will provide the following to the Premises: (i) HVAC service during standard business hours for the
Building; (ii) electricity for lighting and standard office equipment; (iii) water. sewer, and, to the extent applicable to the
Building, gas, oil, or steam service; (iv) cleaning services; and (v) replacement of Building-standard lights, ballasts, tubes,
ceiling tiles, outlets and similar equipment. Tenant, at Tenant's expense, must make arrangements with the applicable utility
companies and public bodies to provide, in Tenant's name, telephone, cable, and any other utility service not provided by Landlord.
Tenant may not overload the utility capacity serving the Premises,
Signs Tenant may use the Premises for general office use (non-medical) and for no other purpose (“Permitted
Use”). Tenant may use no more than its pro rata share of the parking spaces in the general parking area for
the Building. Tenant's use of the Premises is subject to all applicable laws and to all reasonable requirements of the insurers
of the Building Landlord will provide Tenant with Building-standard identification signage on all Building lobby directories and
at the main entrance to the Premises. Tenant may not place any signs at the Premises that are visible from outside of the Premises.
Tenant may not (nor its legal representative or successors-in-interest by operation of law or otherwise) assign, transfer, mortgage,
or sublet the Premises (“Transfer”), without Landlord’s prior written consent, which consent may be withheld
in Landlord’s sole but reasonable discretion Any Transfer without Landlord’s prior written consent constitutes an Event of Default
and, at Landlord’s option, is void and/or terminates this Lease. A Transfer includes any assignment by operation of law, and any
merger, consolidation, or asset sale involving Tenant, any direct or indirect transfer of control of Tenant, and any transfer
of a majority of the ownership interests in Tenant.
must make all necessary repairs at its expense to: (i) the footings and foundations and the structural elements of the Building;
(ii) the roof of the Building; (iii) the HVAC (excluding any supplemental HVAC serving the Premises), plumbing, elevators (if
any), electric, fire protection and fire alert systems within the Building; (iv) the Building exterior; and (v) the common areas
Any repairs to the Building made necessary by the negligent or willful act or omission of Tenant or any employee, agent, subtenant,
contractor, or invitee of Tenant will he made at Tenant's expense. subject to the waivers set forth in Section 9(b).
must maintain the Premises in good order and condition at its expense, including promptly making all necessary repairs and replacements
to the Premises (including any supplemental HVAC serving the Premises). To the extent that the interior of the Premises is visible
from the common areas, Landlord shall have the right lo require Tenant to screen the interior from the common areas, such as by
adding frosting to glass, as determined by Landlord. In the event of an emergency, such as a burst waterline or act of God, Landlord
has the right to make repairs for which Tenant is responsible hereunder (at Tenant's cost) without giving Tenant prior notice,
but in such case Landlord will provide notice to Tenant as soon as practicable thereafter, and take commercially reasonable steps
to minimize the costs incurred.
at Tenant's expense, must maintain during the Term: (i) commercial general liability insurance, with combined single limits of
$2,000,000 on account of bodily injury to or death of one or more persons as the result of any one accident or disaster and on
account of damage to property, or in such other amounts as Landlord may from time to time require; and (ii) a policy of “special
form” property insurance on Tenant's trade fixtures, equipment, and personal property (collectively, “Tenant’s
Property”) for full replacement value and with coinsurance waived. Tenant will neither have, nor make, any claim
against Landlord for any loss or damage to Tenant's Property, regardless of the cause of the loss or damage. Tenant must require
its movers to deliver to Landlord a certificate of insurance naming Landlord as an additional insured. No liability insurance
required hereunder may be subject to cancellation or modification without at least 30 days’ prior notice to all insureds,
and must name Tenant as insured, and Landlord, Landlord’s property manager, and Brandywine Realty Trust as additional insureds,
and, if requested in writing by Landlord, name as an additional insured any mortgagee or holder of any mortgage upon the Building.
Prior to the Commencement Date, Tenant must provide Landlord with certificates that evidence that all insurance coverages required
under this Lease are in place. Tenant must furnish to Landlord throughout the Term replacement certificates at least 30 days prior
to the expiration dates of the then-current policy. All insurance required under this Lease must be issued by an insurance company
that is authorized to do business in the state in which the Building is located, and has a financial rating of at least an A-X
as rated in the most recent edition of Best's Insurance Reports. The insurance limits stated above will not limit Tenant's liability.
Any deductible under Tenant's insurance policy in excess of $25,000 must be approved by Landlord in writing.
Landlord and Tenant must each procure an appropriate clause to any property insurance covering the Building and Tenant's personal
property, fixtures, and equipment, wherein the insurer waives subrogation and consents to a waiver of right of recovery pursuant
to this Section. Landlord and Tenant hereby waive, and agree not to make, any claim against, or seek to recover from, the other
for any loss or damage to its property or the property of others resulting from conditions to the extent of proceeds received
after application of any commercially reasonable deductible (or would have been received if the party had maintained the insurance
it was required to carry under this Lease) from the property insurance that was required to be carried by that party.
to Section 9(c), Tenant must defend, indemnify, and hold harmless Landlord. Landlord's property manager, and Brandywine
Realty Trust and each of Landlord's directors, officers, members, partners, trustees; employees, representatives,
and agents (collectively, “Landlord Indemnitees”) from and against any and all third-party claims, actions,
damages. liabilities, and expenses (a “Claim”) to the extent arising from: (i) Tenant’s breach of this Lease;
(ii) any negligence or willful act of Tenant or any of Tenant's employees, agents, invitees, subtenants, or contractors; and
(iii) any acts or omissions occurring at, or the condition, use or operation of, the Premises, except to the extent arising from
Landlord's negligence or willful misconduct. If Tenant fails to promptly defend a Landlord Indemnitee following written demand
by the Landlord Indemnitee, the Landlord Indemnitee must defend the same at Tenant's expense, by retaining or employing counsel
reasonably satisfactory to the Landlord Indemnitee The provisions of this Section will survive the Expiration Date.
to Section 9(c), Landlord must defend, indemnify, and hold harmless Tenant, and each of Tenant's directors, officers, members,
employees, representatives, and agents (collectively, “Tenant Indemnitees”) from and against any and
all third-party Claims to the extent arising from: (i) Landlord's breach of this Lease; and (ii) any negligence or willful misconduct
of Landlord or any of Landlord's employees, agents, invitees, subtenants. or contractors. If Landlord fails to promptly defend
a Tenant Indemnitee following written demand by the Tenant Indemnitee, the 'tenant Indemnitee must defend the same at Landlord's
expense, by retaining or employing counsel reasonably satisfactory to the Tenant Indemnitee. The provisions of this Section will
survive the Expiration Date.
order to receive the indemnity set forth above, the party seeking indemnity must provide prompt written notice of any Claim to
the indemnifying party, and the indemnifying party will promptly defend the indemnified party at the indemnifying party's expense.
The indemnified party agrees to reasonably cooperate in such defense at the indemnifying party's expense.
If any casualty occurs to the Building (other than to the Premises) and: (i) insurance proceeds are unavailable to Landlord or
are insufficient to restore the Building to substantially its pre-casualty condition; or (ii) more than 30% of the square feet
of the Building is damaged, Landlord may terminate this Lease by sending written notice of such termination to Tenant within 60
days after the casualty. If any casualty occurs to the Premises and: (i) in Landlord's reasonable judgment, the repair
and restoration work would require more than 210 consecutive days to complete after the casualty (assuming normal work crews not
engaged in overtime); or (ii) the casualty occurs during the last 12 months of the Term, either Landlord or Tenant may terminate
this Lease by sending written notice of such termination to the other party within 60 days after the date of the casualty. The
termination notice must specify a termination date not fewer than 30 nor more than 90 days after such notice is given to the other
party. If neither party terminates this Lease, then Tenant's obligation to pay Gross Rent will be equitably adjusted or abated
during the period (if any) during which Tenant is not reasonably able to use all or a portion of the Premises as a result of such
Condemnation. If a taking renders the Building reasonably and materially unsuitable for the Permitted Use, either
Landlord or Tenant may terminate this Lease as of the date title to condemned real estate vests in the condenutor by written notice
to the other. If this Lease is not terminated after a condemnation, then Gross Rent will be equitably reduced in proportion to
the area of the Premises that has been taken for the balance of the Term. Tenant may make a claim against the condemnor for moving
expenses to the extent that such claim does not reduce the sums otherwise payable by the condemnor to Landlord.
Estonned Certificate. This Lease is subordinate to the lien of any deeds of trust or mortgages now or hereafter
placed upon the Building or any portion thereof (a “Mortgage”) without the necessity of any further
instrument or act on the part of Tenant to effectuate such subordination Tenant must execute and deliver to Landlord within
10 days after written demand such further instrument evidencing such subordination and agreement to attorn as may be
reasonably required by any Mortgagee. If landlord is or is alleged to be in default of any of its obligations owing to Tenant
under this Lease, Tenant must give to the holder (“Mortgagee”) of any Mortgage that Tenant has been
given written notice. Tenant may not exercise any right or remedy because of any default by Landlord without having given
such notice to the Mortgagee, and if Landlord tails to cure such default, the Mortgagee may cure such default within 45 days
after Mortgagee’s receipt of Tenant's default notice. Any Mortgagee may at any time subordinate its mortgage to this
Lease, without Tenant's consent, by written notice to Tenant, in which case this Lease is deemed prior to such Mortgage
without regard to their respective dates of execution and delivery, and the Mortgagee has the same rights with respect to
this Lease as though it had been executed prior to the execution and delivery of the Mortgage. Tenant must, within 10 days
after Landlord’s written request from time to time, execute and deliver to Landlord an estoppel certificate certifying to all
reasonably requested information pertaining to this Lease.
“Event of Default” is deemed to exist if: (i) Tenant fails to pay any Rent when due and such failure continues
for more than 5 days after Landlord has given Tenant written notice of such failure; provided, however, Landlord has no obligation
to give Tenant more than 2 such notices in any 12-month period, after which it is deemed an Event of Default if Tenant fails to
pay any Rent when due, regardless of Tenant's receipt of notice of such non-payment; or (ii) either party fails to observe or
perform any of such party's agreements or obligations tinder this Lease and such failure continues for more than 30 days after
receipt of written notice of such failure, or the expiration of such additional time period as is reasonably necessary to cure
such failure (not to exceed 60 days), provided Tenant immediately commences and thereafter proceeds with all due diligence and
in good faith to cure such failure.
the occurrence of an Event of Default by Tenant, at Landlord's sole option Landlord may elect to do any one or more of the following:
and repossess the Premises, by breaking open locked doors if necessary, and remove all persons and all or any property, by action
at law or otherwise, without being liable for prosecution or damages, and/or make alterations and repairs in order to relet all
or any part(s) of the Premises for Tenant's account Tenant must pay to Landlord on demand any deficiency (taking into account
all reasonable costs incurred by Landlord) that may arise by reason of such relating in the event of reletting without termination
of this Lease, Landlord may at any time thereafter elect to terminate this Lease for such previous breach;
the whole or any part of the Rent for the balance of the Term, and declare the same to be immediately due and payable; and
this Lease and the Term without any right on the part of Tenant to save the forfeiture by payment of any sum due or by other performance
of any condition, term, or covenant broken.
may cure any default on behalf of Tenant, and Tenant will reimburse Landlord upon demand for any sums paid or costs incurred by
Landlord in curing such default plus an administrative fee equal to 10% of such costs. Any amount of Rent that is not paid when
due will bear interest at the rate of 1% per month until paid in full.
the occurrence of an Event of Default by Tenant, Tenant is liable to Landlord for: (i) all accrued and unpaid installments of
Rent; (ii) all costs and expenses incurred by Landlord in recovering possession of the Premises, including legal fees, and removal
and storage of Tenant's property; (iii) the costs and expenses of restoring the Premises to the condition in which the same were
to have been surrendered by Tenant as of the Expiration Date; (iv) all legal fees and court costs incurred by Landlord in connection
with the Event of Default; and (v) the unamortized portion (as reasonably determined by Landlord) of brokerage commissions and
consulting fees incurred by Landlord, and concessions including free rent given by Landlord, in connection with this Lease.
Neither any delay or forbearance by a party in exercising any right or remedy hereunder nor a party's undertaking or performing
any act that a party is not expressly required to undertake under this Lease may be construed to be a waiver of a party's rights
or to represent any agreement by a party to thereafter undertake or perform such act The rights granted to a party in this Section
are cumulative of every other right or remedy provided in this Lease or which a party may otherwise have at law or in equity or
by statute, and the exercise of one or more rights or remedies may not prejudice or impair the concurrent or subsequent exercise
of other rights or remedies or constitute a forfeiture or waiver of Rent or damages accruing to a party by reason of any Event
of Default under this Lease. Landlord may accept payment without prejudice to Landlord's right to recover the balance or pursue
any other right or remedy provided for in this Lease, at law, or in equity.
No later than the Expiration Date or earlier termination of Tenant's right to possession of the Premises (“Surrender
Date”), Tenant must vacate and surrender the Premises to Landlord in good order and condition, vacant, broom clean,
and in conformity with the applicable provisions of this Lease. Tenant has no right to hold over beyond the Surrender Date, and
if Tenant does not vacate as required such failure is deemed an Event of Default and Tenant's occupancy will not be construed
to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the Surrender Date,
the amount of Rent owed by Tenant to Landlord will be the Holdover Percentage of the Rent that would otherwise be due under this
Lease, without prorating for any partial month of holdover. The “Holdover Percentage” equals: (i) 150%
for the first month of holdover; and (ii) 200% for any period of holdover beyond 1 month The provisions of this Section wilt not
constitute a waiver by Landlord of any right of reentry as set forth in this Lease, nor will receipt of any Rent or any other
act in apparent affirmance of the tenancy operate as a waiver of Landlord's right to terminate this Lease. If Tenant fails to
vacate and surrender the Premises as and when required, Tenant must indemnify, defend, and hold harmless Landlord from all costs,
losses, expenses, or liabilities incurred as a result of such failure No later than the Surrender Date, at Tenant's expense Tenant
must remove from the Premises Tenant's Property, all alterations to the Premises made by or on behalf of Tenant, and all telephone,
security, and communication equipment system wiring and cabling, and restore in a good and workmanlike manner any damage to the
Premises and/or the Building caused by such removal or replace the damaged component of the Premises and/or the Building if such
component cannot be restored as reasonably determined by Landlord. Tenant's obligation to pay Rent and to perform all other Lease
obligations for the period through the Surrender Date and the terms of this Section survive the Expiration Date.
with Laws. Tenant must at all times comply with all applicable laws, including without limitation compliance with
Title III of the Americans with Disabilities Act of 1990, 42 U S C. §12181 et seq. and its regulations and
all environmental laws and regulations, and obtain all necessary licenses and permits for its business and operations in
the Premises. Tenant must pay all personal property taxes, income taxes, and other taxes, assessments, and similar charges
that are or may be assessed, levied, or imposed upon Tenant. Tenant must pay to Landlord all sales, use, transaction
privilege, gross receipts, or other excise tax that may at any time be levied or imposed upon, or measured by, any amount
payable by Tenant under this Lease If the requirement of any public authority obligates either Landlord or Tenant to expend
money in order to bring the Premises and/or any area of the Building into compliance with laws as a result (i) Tenant's
particular use or alteration of the Premises; (ii)
Tenant's change in the use of the Premises; (iii) the manner of conduct of Tenant's business or operation of its
installations, equipment, or other property therein; (iv) any cause or condition created by or at the instance of
Tenant, other than by Landlord's performance of any work for or on behalf of Tenant; or (v) breach of any of Tenant's
obligations hereunder, then Tenant must bear all costs of bringing the Premises and/or Building into compliance with laws
Except as set forth above, during the Term Landlord must comply with all applicable laws regarding the Building, including
without limitation compliance with Title III of the Americans with Disabilities Act of 1990, 42 U.S.0 §12181 et seq. and
its regulations as to the design and construction of the common areas. This Section survives the Expiration Date
Notices. Whenever notice must be given or served by either party to this Lease, such notice will be duly given or
served if in writing and either: (i) personally served; (ii) delivered by prepaid nationally recognized courier service with evidence
of receipt required; (iii) forwarded by registered or certified mail, return receipt requested, postage prepaid; or (iv) emailed
with evidence of receipt; in all such cases addressed to the applicable Notice Address Each party has the right to change its
address for notices by a writing sent to the other party in accordance with this Section. However, communications related to ordinary
business operations may be emailed or mailed to Tenant’s billing contact.
Brokers. Landlord and Tenant each represents and warrants to the other that it has had no dealings, negotiations,
or consultations with respect to the Premises or this transaction with any broker or finder other than a Landlord affiliate and
Broker. Each party must indemnify, defend, and hold harmless the other from and against all liability, cost, and expense, arising
from any misrepresentation or breach of warranty under this Section. Landlord will pay Broker a commission in connection with
this Lease pursuant to the terms of a separate agreement. This Section survives the Expiration Date.
Liability. Landlord’s obligations under this Lease are binding upon Landlord only for the period of time that
Landlord is in ownership of the Building, and upon termination of that ownership, Tenant may, except as to any
obligations that are then due and owing, look solely to Landlord’s successor-in-interest in ownership of the Building
for the satisfaction of each and every obligation of Landlord under this Lease. Upon request and without charge, Tenant must
attom to any successor to Landlord’s interest in this Lease and at the option of any mortgagee, to such mortgagees. Landlord
will have no personal liability under any of the terms, conditions or covenants of this Lease, and Tenant shall look solely
to the equity of Landlord in the Building and/or the proceeds therefrom for the satisfaction of any claim, remedy, or cause
of action of any kind whatsoever arising from the relationship between the parties or any rights and obligations they may
have relating to the Building, this Lease, or anything related to either.
to Section 6, the respective rights and obligations provided in this Lease bind and inure to the benefit of the parties
hereto, their successors and assigns. If more than one person or entity executes this Lease as Tenant, each is jointly and severally
liable under this Lease.
Lease will be governed in accordance with the laws of the state where the Building is located, without regard to choice of law
principles Landlord and Tenant each consent to the exclusive jurisdiction of the state and federal courts located in the jurisdiction
in which the Building is located In connection with any claim arising out of this Lease, Landlord or Tenant, whichever is the
prevailing party, is entitled to recover from the other party all reasonable costs and expenses incurred by the prevailing party,
including reasonable attorneys' fees and expenses.
Lease, which incorporates all exhibits, supersedes all prior discussions, proposals, negotiations, and discussions between the
parties, contains all of the agreements, conditions, understandings, representations, and warranties made between the parties
with respect to the Premises, and may not be modified orally or in any manner other than by an agreement in writing signed by
Landlord and Tenant.
IS OF THE ESSENCE UNDER ALL PROVISIONS OF THIS LEASE
for the payment of Rent, each party is excused for the period of any delay and will not be deemed in default with respect to the
performance of any of its obligations when prevented from so doing by a cause beyond such party's reasonable control (“Force
Tenant shall not cut or drill into or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical
additions of any kind to any part of the Premises without first obtaining the written consent of Landlord. All alterations shall
be completed in compliance with all applicable laws and Landlord's rules and regulations for construction, and sustainable guidelines
and procedures. Tenant shall be solely responsible for the installation and maintenance of its data, telecommunication, and security
systems, cabling, and wiring at the Premises, which shall be done in compliance with all applicable laws and Landlord's rules
If Landlord gives Tenant occupancy of the Premises prior to the Commencement Date, such occupancy shall he conditioned on Tenant
first providing Landlord with a certificate of insurance as required under this Lease. All insurance, waiver, indemnity, and alteration
provisions of this Lease are in full force and effect during such occupancy. Tenant must ensure that its phone/data, security,
and other vendors comply with all applicable Laws. Tenant and its contractors must coordinate all activities with Landlord in
advance and in writing, and comply with Landlord's instructions and directions so that Tenant's early entry does not interfere
with or delay any work to be performed by Landlord.
(h) Upon Landlord's request, Tenant must furnish to Landlord, Landlord's Mortgagee, prospective Mortgagee or purchaser, reasonably
requested financial information. In such case and upon Tenant's request, Landlord and Tenant will execute a mutually acceptable
confidentiality agreement on Landlord's form therefor.
Tenant represents and warrants that: (i) Tenant was duty organized and is validly existing and in good standing under the
laws of the jurisdiction set forth for Tenant in the first sentence of this Lease; (ii) Tenant is legally authorized to do
business in the state where the Building is located; and (iii) the person(s) executing this Lease on behalf of Tenant is(are)
duly authorized to do so.
and Tenant each represents and warrants that it is not a party with whom the other is prohibited from doing business pursuant
to the regulations of the Office of Foreign Assets Control (“OFAC”) of the U.S Department of the Treasury,
including those parties named on OFAC's Specially Designated Nationals and Blocked Persons List Each is currently in compliance
with. and must at all times during the Term remain in compliance with, the regulations of OFAC and any other governmental requirement
Broker, and any other party acting on Tenant’s behalf not issue any press release regarding this Lease. Tenant has no right
to record this Lease or a memorandum or notice of this Lease. For purposes of Section 55.2 of the Code of Virginia (1950), as
amended from time to time, this Lease is and will be deemed to be a deed of lease.
This Lease may he executed in any number of counterparts, each of which when taken together is deemed to be one and the same instrument
The parties acknowledge and agree that notwithstanding any law or presumption to the contrary, the exchange of copies of this
Lease and signature pages by electronic transmission constitutes effective execution and delivery of this Lease for all purposes,
and signatures of the parties hereto transmitted anchor produced electronically will be deemed to be their original signature
for all purposes.
(m) Landlord and persons authorized by Landlord may enter the Premises at all reasonable times upon reasonable advance notice or,
in the case of an emergency, at any time without notice.
and its employees, agents, invitees, subtenants, and licensees must comply with the Building rules and regulations, as the same
may be modified from time to time by Landlord. Landlord will make the current Building rules and regulations available to Tenant.
THE EXTENT PERMITTED BY APPLICABLE LAW, LANDLORD AND TENANT HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM
BROUGHT BY EITHER AGAINST THE OTHER ON ANY MATTER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE.
PLAN OF PREMISES (NOT TO SCALE.)