Common use of Status of Lease Clause in Contracts

Status of Lease. Except as expressly provided herein, this Lease shall not terminate, nor shall Tenant have any right to terminate this Lease, nor shall Tenant be entitled to any abatement of the Rent, nor shall the obligations of Tenant under this Lease be excused, for any reason whatsoever, including without limitation any of the following: (i) any damage to or the destruction of all or any part of the Leased Property from whatever cause, (ii) the taking of the Leased Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of Tenant's use of all or any portion of the Leased Property or any interference with such use by governmental action or otherwise, (iv) any eviction of Tenant or of anyone claiming through or under Tenant by paramount title or otherwise (provided, if Tenant is wrongfully evicted by Landlord or by any third party lawfully claiming through or under Landlord, other than Tenant or a third party claiming through or under Tenant, then Tenant will have the remedies described in Pxxxxxxxx 00 xxxxx), (x) any default on the part of Landlord under this Lease or under any other agreement to which Landlord and Tenant are parties, (vi) the inadequacy in any way whatsoever of the design or construction of any improvements included in the Leased Property, it being understood that Landlord has not made and will not make any representation express or implied as to the adequacy thereof, or (vii) any other cause whether similar or dissimilar to the foregoing, any existing or future law to the contrary notwithstanding. It is the intention of the parties hereto that the obligations of Tenant hereunder shall be separate and independent of the covenants and agreements of Landlord, that the Base Rent and all other sums payable by Tenant hereunder shall continue to be payable in all events and that the obligations of Tenant hereunder shall continue unaffected, unless the requirement to pay or perform the same shall have been terminated or limited pursuant to an express provision of this Lease. However, nothing in this Paragraph shall be construed as a waiver by Tenant of any right Tenant may have at law or in equity to (i) recover monetary damages for any default under this Lease by Landlord that Landlord fails to cure within the period provided in Pxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by Landlord of any of the express covenants, agreements, conditions or provisions of this Lease, or (iii) a decree compelling performance of any of the express covenants, agreements, conditions or provisions of this Lease.

Status of Lease. Except as expressly provided herein, this Lease shall not terminate, nor shall Tenant Solectron have any right to terminate this Lease, nor shall Tenant Solectron be entitled to any abatement of the Rent, nor shall the obligations of Tenant Solectron under this Lease be excused, for any reason whatsoever, including without limitation any of the following: (i) any damage to or the destruction of all or any part of the Leased Property from whatever cause, (ii) the taking of the Leased Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of TenantSolectron's use of all or any portion of the Leased Property or any interference with such use by governmental action or otherwise, (iv) any eviction of Tenant Solectron or of anyone claiming through or under Tenant by paramount title or otherwise Solectron (provided, that if Tenant Solectron is wrongfully evicted by Landlord BNPLC or by any third party lawfully claiming through or exercising its rights under Landlord, other than Tenant or a third party claiming through or under TenantLien Removable by BNPLC, then Tenant Solectron will have the remedies described in Pxxxxxxxx Paraxxxxx 00 xxxxx), (x) any xxx default on the part of Landlord BNPLC under this Lease or under any other agreement to which Landlord BNPLC and Tenant Solectron are parties, (vi) the inadequacy in any way whatsoever of the design design, construction, assembly or construction installation of any improvements improvements, fixtures or tangible personal property included in the Leased Property, it being understood that Landlord BNPLC has not made made, does not make and will not make any representation express or implied as to the adequacy thereof, (vii) any latent or other defect in the Property or any change in the condition thereof or the existence with respect to the Property of any violations of Applicable Laws or (viiviii) any other cause whether similar or dissimilar to the foregoing, any existing or future law to the contrary notwithstanding. It is the intention of the parties hereto that the obligations of Tenant Solectron hereunder shall be separate and independent of the covenants and agreements of LandlordBNPLC, that the Base Rent and all other sums payable by Tenant Solectron hereunder shall continue to be payable in all events and that the obligations of Tenant Solectron hereunder shall continue unaffected, unless the requirement to pay or perform the same shall have been terminated or limited pursuant to an express provision of this Lease. However, nothing in this Paragraph shall be construed as a waiver by Tenant of any right Tenant may have at law or in equity to (i) recover monetary damages for any default under this Lease by Landlord that Landlord fails to cure within the period provided in Pxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by Landlord of any of the express covenants, agreements, conditions or provisions of this Lease, or (iii) a decree compelling performance of any of the express covenants, agreements, conditions or provisions of this Lease.

Status of Lease. Except as expressly provided herein, this Lease shall not terminate, nor shall Tenant have any right to terminate this Lease, nor shall Tenant be entitled to any abatement of the Rent, nor shall the obligations of Tenant under this Lease be excused, for any reason whatsoever, including without limitation any of the following: (i) any damage to or the destruction of all or any part of the Leased Property from whatever cause, (ii) the taking of the Leased Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of Tenant's use of all or any portion of the Leased Property or any interference with such use by governmental action or otherwise, (iv) any eviction of Tenant or of anyone claiming through or under Tenant by paramount title or otherwise (provided, if Tenant is wrongfully evicted by Landlord or by any third party lawfully claiming through or exercising its rights under Landlord, other than Tenant or a third party claiming through or under TenantProhibited Encumbrance, then Tenant will have the remedies described in Pxxxxxxxx Xxxxxxxxx 00 xxxxx), (x) any default on the part of Landlord under this Lease or under any other agreement to which Landlord and Tenant are parties, (vi) the inadequacy in any way whatsoever of the design or construction of any improvements included in the Leased Property, it being understood that Landlord has not made and will not make any representation express or implied as to the adequacy thereof, or (vii) any other cause whether similar or dissimilar to the foregoing, any existing or future law to the contrary notwithstanding. It is the intention of the parties hereto that the obligations of Tenant hereunder shall be separate and independent of the covenants and agreements of Landlord, that the Base Rent and all other sums payable by Tenant hereunder shall continue to be payable in all events and that the obligations of Tenant hereunder shall continue unaffected, unless the requirement to pay or perform the same shall have been terminated or limited pursuant to an express provision of this Lease. However, nothing in this Paragraph shall be construed as a waiver by Tenant of any right Tenant may have at law or in equity to (i) recover monetary damages for any default under this Lease by Landlord that Landlord fails to cure within the period provided in Pxxxxxxxx Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by Landlord of any of the express covenants, agreements, conditions or provisions of this Lease, or (iii) a decree compelling performance of any of the express covenants, agreements, conditions or provisions of this Lease.

Status of Lease. Except as expressly provided herein, this Lease shall not terminate, nor shall Tenant SGC have any right to terminate this Lease, nor shall Tenant SGC be entitled to any abatement of the Rent, nor shall the obligations of Tenant SGC under this Lease be excused, for any reason whatsoever, including without limitation any of the following: (i) any damage to or the destruction of all or any part of the Leased Property from whatever cause, (ii) the taking of the Leased Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of TenantSGC's use of all or any portion of the Leased Property or any interference with such use by governmental action or otherwise, (iv) any eviction of Tenant SGC or of anyone claiming through or under Tenant by paramount title or otherwise SGC (provided, that if Tenant SGC is wrongfully evicted by Landlord BNPLC or by any third party lawfully claiming through or exercising its rights under Landlord, other than Tenant or a third party claiming through or under TenantLien Removable by BNPLC, then Tenant SGC will have the remedies described in Pxxxxxxxx Paraxxxxx 00 xxxxx), (x) any xxx default on the part of Landlord BNPLC under this Lease or under any other agreement to which Landlord BNPLC and Tenant SGC are parties, (vi) the inadequacy in any way whatsoever of the design design, construction, assembly or construction installation of any improvements improvements, fixtures or tangible personal property included in the Leased Property, it being understood that Landlord BNPLC has not made made, does not make and will not make any representation express or implied as to the adequacy thereof, (vii) any latent or other defect in the Property or any change in the condition thereof or the existence with respect to the Property of any violations of Applicable Laws, (viii) any breach by Seller of the surviving provisions of the Existing Contract, (ix) any breach of the Ground Lease by the lessee thereunder, or (viix) any other cause whether similar or dissimilar to the foregoing, any existing or future law to the contrary notwithstanding. It is the intention of the parties hereto that the obligations of Tenant SGC hereunder shall be separate and independent of the covenants and agreements of LandlordBNPLC, that the Base Rent and all other sums payable by Tenant SGC hereunder shall continue to be payable in all events and that the obligations of Tenant SGC hereunder shall continue unaffected, unless the requirement to pay or perform the same shall have been terminated or limited pursuant to an express provision of this Lease. However, nothing in this Paragraph shall be construed as a waiver by Tenant of any right Tenant may have at law or in equity to (i) recover monetary damages for any default under this Lease by Landlord that Landlord fails to cure within the period provided in Pxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by Landlord of any of the express covenants, agreements, conditions or provisions of this Lease, or (iii) a decree compelling performance of any of the express covenants, agreements, conditions or provisions of this Lease.

Status of Lease. Except as expressly provided herein, this Lease shall not terminate, nor shall Tenant have any right to terminate this Lease, nor shall Tenant be entitled to any abatement of the Rent, nor shall the obligations of Tenant under this Lease be excused, for any reason whatsoever, including without limitation any of the following: (i) any damage to or the destruction of all or any part of the Leased Property from whatever cause, (ii) the taking of the Leased Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of Tenant's use of all or any portion of the Leased Property or any interference with such use by governmental action or otherwise, (iv) any eviction of Tenant or of anyone claiming through or under Tenant by paramount title or otherwise (provided, if Tenant is wrongfully evicted by Landlord or by any third party lawfully claiming through or under Landlord, other than Tenant or a third party claiming through or under Tenant, then Tenant will have the remedies described in Pxxxxxxxx Xxxxxxxxx 00 xxxxx), (x) any default on the part of Landlord under this Lease or under any other agreement to which Landlord and Tenant are parties, (vi) the inadequacy in any way whatsoever of the design or construction of any improvements included in the Leased Property, it being understood that Landlord has not made and will not make any representation express or implied as to the adequacy thereof, or (vii) any other cause whether similar or dissimilar to the foregoing, any existing or future law to the contrary notwithstanding. It is the intention of the parties hereto that the obligations of Tenant hereunder shall be separate and independent of the covenants and agreements of Landlord, that the Base Rent and all other sums payable by Tenant hereunder shall continue to be payable in all events and that the obligations of Tenant hereunder shall continue unaffected, unless the requirement to pay or perform the same shall have been terminated or limited pursuant to an express provision of this Lease. However, nothing in this Paragraph shall be construed as a waiver by Tenant of any right Tenant may have at law or in equity to (i) recover monetary damages for any default under this Lease by Landlord that Landlord fails to cure within the period provided in Pxxxxxxxx Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by Landlord of any of the express covenants, agreements, conditions or provisions of this Lease, or (iii) a decree compelling performance of any of the express covenants, agreements, conditions or provisions of this Lease.

Status of Lease. Except as expressly provided herein, this Lease shall not terminate, nor shall Tenant have any right to terminate this Lease, nor shall Tenant be entitled to any abatement of the Rent, nor shall the obligations of Tenant under this Lease be excused, for any reason whatsoever, including without limitation any of the following: (i) any damage to or the destruction of all or any part of the Leased Property from whatever cause, (ii) the taking of the Leased Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of Tenant's use of all or any portion of the Leased Property or any interference with such use by governmental action or otherwise, (iv) any eviction of Tenant or of anyone claiming through or under Tenant by paramount title or otherwise (provided, if Tenant is wrongfully evicted by Landlord or by any third party lawfully claiming through or under Landlord, other than Tenant or a third party claiming through or under Tenant, then Tenant will have the remedies described in Pxxxxxxxx Xxxxxxxxx 00 xxxxx), (x) any default on the part of Landlord under this Lease or under any other agreement to which Landlord and Tenant are parties, (vi) the inadequacy in any way whatsoever of the design or construction of any improvements included in the Leased Property, it being understood that Landlord has not made and will not make any representation express or implied as to the adequacy thereof, or (vii) any other cause whether similar or dissimilar to the foregoing, any existing or future law to the contrary notwithstanding. It is the intention of the parties hereto that the obligations of Tenant hereunder shall be separate and independent of the covenants and agreements of Landlord, that the Base Rent and all other sums payable by Tenant hereunder shall continue to be payable in all events and that the obligations of Tenant hereunder shall continue unaffected, unless the requirement to pay or perform the same shall have been terminated or limited pursuant to an express provision of this Lease. However, nothing in this Paragraph shall be construed as a waiver by Tenant of any right Tenant may have at law or in equity to (i) recover monetary damages for any default under this Lease by Landlord that Landlord fails to cure within the period provided in Pxxxxxxxx Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by Landlord of any of the express covenants, agreements, conditions or provisions of this LeaseLease (including the confidentiality provisions set forth in Xxxxxxxxx 00 xxxxx), or xx (iiixxx) a decree compelling performance of any of the express covenants, agreements, conditions or provisions of this Lease.

Status of Lease. Except as expressly provided herein, this Lease shall not terminate, nor shall Tenant have any right to terminate this Lease, nor shall Tenant be entitled to any abatement of the Rent, nor shall the obligations of Tenant under this Lease be excused, for any reason whatsoever, including without limitation any of the following: (i) any damage to or the destruction of all or any part of the Leased Property from whatever cause, (ii) the taking of the Leased Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of Tenant's use of all or any portion of the Leased Property or any interference with such use by governmental action or otherwise, (iv) any eviction of Tenant or of anyone claiming through or under Tenant by paramount title or otherwise (provided, if Tenant is wrongfully evicted by Landlord or by any third party lawfully claiming through or exercising its rights under a Landlord, other than Tenant or a third party claiming through or under Tenant's Lien, then Tenant will have the remedies described in Pxxxxxxxx Paraxxxxx 00 xxxxx), (x) any xxx default on the part of Landlord under this Lease or under any other agreement to which Landlord and Tenant are parties, (vi) the inadequacy in any way whatsoever of the design or construction of any improvements included in the Leased Property, it being understood that Landlord has not made and will not make any representation express or implied as to the adequacy thereof, or (vii) any other cause whether similar or dissimilar to the foregoing, any existing or future law to the contrary notwithstanding. It is the intention of the parties hereto that the obligations of Tenant hereunder shall be separate and independent of the covenants and agreements of Landlord, that the Base Rent and all other sums payable by Tenant hereunder shall continue to be payable in all events and that the obligations of Tenant hereunder shall continue unaffected, unless the requirement to pay or perform the same shall have been terminated or limited pursuant to an express provision of this Lease. However, nothing in this Paragraph shall be construed as a waiver by Tenant of any right Tenant may have at law or in equity to (i) recover monetary damages for any default under this Lease by Landlord that Landlord fails to cure within the period provided in Pxxxxxxxx Paraxxxxx 00, (xx) injunctive xxxunctive relief in case of the violation, or attempted or threatened violation, by Landlord of any of the express covenants, agreements, conditions or provisions of this LeaseLease which are binding upon Landlord, or (iii) a decree compelling performance of any of the express covenants, agreements, conditions or provisions of this Lease.

Status of Lease. Except as expressly provided herein, this Lease shall not terminate, nor shall Tenant Electroglas have any right to terminate this Lease, nor shall Tenant Electroglas be entitled to any abatement of the Rent, nor shall the obligations of Tenant Electroglas under this Lease be excused, for any reason whatsoever, including without limitation any of the following: (i) any damage to or the destruction of all or any part of the Leased Property from whatever cause, (ii) the taking of the Leased Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of Tenant's Electroglas' use of all or any portion of the Leased Property or any interference with such use by governmental action or otherwise, (iv) any eviction of Tenant Electroglas or of anyone claiming through or under Tenant by paramount title or otherwise Electroglas (provided, that if Tenant Electroglas is wrongfully evicted by Landlord BNPLC or by any third party lawfully claiming through or exercising its rights under Landlord, other than Tenant or a third party claiming through or under TenantLien Removable by BNPLC, then Tenant Electroglas will have the remedies described in Pxxxxxxxx 00 Paraxxxxx 0 xxxxx), (x) any xxx default on the part of Landlord BNPLC under this Lease or under any other agreement to which Landlord BNPLC and Tenant Electroglas are parties, (vi) the inadequacy in any way whatsoever of the design design, construction, assembly or construction installation of any improvements improvements, fixtures or tangible personal property included in the Leased Property, it being understood that Landlord BNPLC has not made made, does not make and will not make any representation express or implied as to the adequacy thereof, (vii) any latent or other defect in the Property or any change in the condition thereof or the existence with respect to the Property of any violations of Applicable Laws or (viiviii) any other cause whether similar or dissimilar to the foregoing, any existing or future law to the contrary notwithstanding. It is the intention of the parties hereto that the obligations of Tenant Electroglas hereunder shall be separate and independent of the covenants and agreements of LandlordBNPLC, that the Base Rent and all other sums payable by Tenant Electroglas hereunder shall continue to be payable in all events and that the obligations of Tenant Electroglas hereunder shall continue unaffected, unless the requirement to pay or perform the same shall have been terminated or limited pursuant to an express provision of this Lease. However, nothing in this Paragraph shall be construed as a waiver by Tenant of any right Tenant may have at law or in equity to (i) recover monetary damages for any default under this Lease by Landlord that Landlord fails to cure within the period provided in Pxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by Landlord of any of the express covenants, agreements, conditions or provisions of this Lease, or (iii) a decree compelling performance of any of the express covenants, agreements, conditions or provisions of this Lease.

Status of Lease. Except as expressly provided herein, this Lease shall not terminate, nor shall Landlord and Tenant have any right to terminate this Lease, nor shall Tenant be entitled to any abatement of the Rent, nor shall the obligations of Tenant under this Lease be excused, for any reason whatsoever, including without limitation any of the followinghereby acknowledge and agree that: (i) as of the date hereof, Landlord has complied with all of the terms and conditions of the Lease, and that Tenant has no rights to any damage credit, claim, cause of action, offset or similar charge against Landlord, the Base Rent and/or the Additional Rent, each of same, if any, existing as of the date hereof, now being waived by Tenant; (ii) Landlord has fully performed all of its obligations under the Lease and is not obligated to make or pay for any additional tenant improvements except for those tenant improvements specifically set forth in this Second Amendment; (iii) Tenant represents and warrants to Landlord that there are no assignees, sublessees or transferees of the destruction of all Lease, or any part of the Leased Property from whatever causehereof, (ii) the taking of the Leased Property or any portion thereof by eminent domain person or otherwise for any reasonfirm (other than Tenant) occupying or having the right in the future to occupy the Original Premises, (iii) the prohibitionExpansion Space, limitation or restriction of Tenant's use of all the Second Expansion Space, or any portion of the Leased Property or any interference with such use part thereof; not previously approved by governmental action or otherwise, Landlord (iv) Tenant has no right to any eviction credit, claim, cause of Tenant action, offset or of anyone claiming through or under Tenant by paramount title or otherwise (provided, if Tenant is wrongfully evicted by similar charge against Landlord or by against the Rent or any third party lawfully claiming through or under Landlord, other than Tenant or a third party claiming through or under Tenant, then Tenant will have the remedies described in Pxxxxxxxx 00 xxxxx), (x) any default on the part of charges due to Landlord under this Lease or under any other agreement to which the Lease; (v) Landlord and Tenant confirm that from the Second Expansion Space Commencement Date until the Second Expansion Space Termination Date, the Original Premises, the Expansion Space and the Second Expansion Space shall consist of 15,182 rentable square feet; the square footage of the Original Premises, Expansion Space, Second Expansion Space and the Building set forth in the this Second Amendment and the Lease are partiesconclusively deemed to be the actual square footage thereof, without regard to any subsequent remeasurement of the Original Premises, Expansion Space, Second Expansion Space or the Building; (vi) the inadequacy in Tenant is not entitled to any way whatsoever of the design future rental abatement, concession, credit or construction of any improvements included in the Leased Property, it being understood that Landlord has not made and will not make any representation express or implied as to the adequacy thereof, or reduction; (vii) except for this Second Amendment, the Lease has not been modified in any other cause whether similar or dissimilar respect; and (viii) by this Second Amendment the Lease is currently scheduled to the foregoingterminate on Second Expansion Space Termination Date. THIS SECOND AMENDMENT TO LEASE is by and between CarrAmerica Realty Corporation, any existing or future law to the contrary notwithstanding. It is the intention of the parties hereto that the obligations of Tenant hereunder shall be separate a Maryland corporation ("Landlord") and independent of the covenants and agreements of LandlordConcord Camera Corp., that the Base Rent and all other sums payable by Tenant hereunder shall continue to be payable in all events and that the obligations of Tenant hereunder shall continue unaffected, unless the requirement to pay or perform the same shall have been terminated or limited pursuant to an express provision of this Lease. However, nothing in this Paragraph shall be construed as a waiver by Tenant of any right Tenant may have at law or in equity to New Jersey corporation (i) recover monetary damages for any default under this Lease by Landlord that Landlord fails to cure within the period provided in Pxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by Landlord of any of the express covenants, agreements, conditions or provisions of this Lease, or (iii) a decree compelling performance of any of the express covenants, agreements, conditions or provisions of this Lease."Tenant")

Status of Lease. Except as expressly provided herein, this Lease shall not terminate, nor shall Landlord and Tenant have any right to terminate this Lease, nor shall Tenant be entitled to any abatement of the Rent, nor shall the obligations of Tenant under this Lease be excused, for any reason whatsoever, including without limitation any of the followinghereby acknowledge and agree that: (i) as of the date hereof, Landlord has complied with all of the terms and conditions of the Lease, and that Tenant has no rights to any damage credit, claim, cause of action, offset or similar charge against Landlord, the Base Rent and/or the Additional Rent, each of same, if any, existing as of the date hereof, now being waived by Tenant; (ii) Landlord has fully performed all of its obligations under the Lease and is not obligated to make or pay for any additional tenant improvements except for those tenant improvements specifically set forth in this Third Amendment; (iii) Tenant represents and warrants to Landlord that there are no assignees, sublessees (exclusive of any sublease between Tenant and the destruction existing tenant occupying the Third Expansion Space) or transferees of all the Lease, or any part of the Leased Property from whatever causehereof, (ii) the taking of the Leased Property or any portion thereof by eminent domain person or otherwise for any reasonfirm (other than Tenant) occupying or having the right in the future to occupy the Original Premises, (iii) the prohibitionExpansion Space, limitation the Second Expansion Space, or restriction of Tenant's use of all the Third Expansion Space or any portion of the Leased Property or any interference with such use part thereof, not previously approved by governmental action or otherwise, Landlord (iv) Tenant has no right to any eviction credit, claim, cause of Tenant action, offset or of anyone claiming through or under Tenant by paramount title or otherwise (provided, if Tenant is wrongfully evicted by similar charge against Landlord or by against the Rent or any third party lawfully claiming through or under Landlord, other than Tenant or a third party claiming through or under Tenant, then Tenant will have the remedies described in Pxxxxxxxx 00 xxxxx), (x) any default on the part of charges due to Landlord under this Lease or under any other agreement to which the Lease; (v) Landlord and Tenant confirm that from the Third Expansion Space Commencement Date until the Third Expansion Space Termination Date, the Original Premises, the Expansion Space, the Second Expansion Space and the Third Expansion Space shall consist of 20,003 rentable square feet; the square footage of the Original Premises, Expansion Space, Second Expansion Space, Third Expansion Space and the Building set forth in the this Third Amendment and the Lease are partiesconclusively deemed to be the actual square footage thereof, without regard to any subsequent remeasurement (exclusive of any change based upon the determination of useable square feet as described in section 1 above) of the Original Premises, Expansion Space, Second Expansion Space, Third Expansion Space or the Building; (vi) the inadequacy in Tenant is not entitled to any way whatsoever of the design future rental abatement, concession, credit or construction of any improvements included in the Leased Property, it being understood that Landlord has not made and will not make any representation express or implied as to the adequacy thereof, or reduction; (vii) except for this Third Amendment, the Lease has not been modified in any other cause whether similar or dissimilar respect; and (viii) by this Third Amendment the Lease is currently scheduled to the foregoingterminate on January 31, any existing or future law to the contrary notwithstanding. It is the intention of the parties hereto that the obligations of Tenant hereunder shall be separate and independent of the covenants and agreements of Landlord, that the Base Rent and all other sums payable by Tenant hereunder shall continue to be payable in all events and that the obligations of Tenant hereunder shall continue unaffected, unless the requirement to pay or perform the same shall have been terminated or limited pursuant to an express provision of this Lease. However, nothing in this Paragraph shall be construed as a waiver by Tenant of any right Tenant may have at law or in equity to (i) recover monetary damages for any default under this Lease by Landlord that Landlord fails to cure within the period provided in Pxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by Landlord of any of the express covenants, agreements, conditions or provisions of this Lease, or (iii) a decree compelling performance of any of the express covenants, agreements, conditions or provisions of this Lease2014.

Status of Lease. Except as expressly provided herein, this Lease shall not terminate, nor shall Landlord and Tenant have any right to terminate this Lease, nor shall Tenant be entitled to any abatement of the Rent, nor shall the obligations of Tenant under this Lease be excused, for any reason whatsoever, including without limitation any of the followinghereby acknowledge and agree that: (i) as of the date hereof, Landlord has complied with all of the terms an conditions of the Original Lease, and that Tenant has no rights to any damage credit, claim, cause of action, offset or similar charge against Landlord, the Base Rent and/or the Additional Rent, each of same, if any, existing as of the date hereof, now being waived by Tenant; (ii) Landlord has fully performed all of its obligations under the Original Lease and is not obligated to make or pay for any additional tenant improvements except for those tenant improvements specifically set forth in this First Amendment; (iii) Tenant represents and warrants to Landlord that there are no assignees, sublessees or transferees of the destruction of all Original Lease, or any part of the Leased Property from whatever causehereof, (ii) the taking of the Leased Property or any portion thereof by eminent domain person or otherwise for any reasonfirm (other than Tenant) occupying or having the right in the future to occupy the Original Premises or the Expansion Space, (iii) the prohibition, limitation or restriction of Tenant's use of all or any portion of the Leased Property or any interference with such use part thereof; not previously approved by governmental action or otherwise, Landlord (iv) Tenant has no right to any eviction credit, claim, cause of Tenant action, offset or of anyone claiming through or under Tenant by paramount title or otherwise (provided, if Tenant is wrongfully evicted by similar charge against Landlord or by against the Rent or any third party lawfully claiming through or under Landlord, other than Tenant or a third party claiming through or under Tenant, then Tenant will have the remedies described in Pxxxxxxxx 00 xxxxx), (x) any default on the part of charges due to Landlord under this Lease or under any other agreement to which the Lease; (v) Landlord and Tenant confirm that from the Expansion Space Commencement Date until the Expansion Space Termination Date, the Original Premises and the Expansion Space shall consist of 12,069 rentable square feet; the square footage of the Original Premises, Expansion Space and the Building set forth in the this First Amendment and the Original lease are partiesconclusively deemed to be the actual square footage thereof, without regard to any subsequent remeasurement of the Original Premises, Expansion Space or the Building; (vi) the inadequacy in Tenant is not entitled to any way whatsoever of the design future rental abatement, concession, credit or construction of any improvements included in the Leased Property, it being understood that Landlord has not made and will not make any representation express or implied as to the adequacy thereof, or reduction; (vii) except for this First Amendment, the Original Lease has not been modified in any other cause whether similar or dissimilar respect; and (viii) by this First Amendment the Lease is currently scheduled to the foregoingterminate on Expansion Space Termination Date. THIS FIRST AMENDMENT TO LEASE is by and between CarrAmerica Realty Corporation, any existing or future law to the contrary notwithstanding. It is the intention of the parties hereto that the obligations of Tenant hereunder shall be separate a Maryland corporation ("Landlord") and independent of the covenants and agreements of LandlordConcord Camera Corp., that the Base Rent and all other sums payable by Tenant hereunder shall continue to be payable in all events and that the obligations of Tenant hereunder shall continue unaffected, unless the requirement to pay or perform the same shall have been terminated or limited pursuant to an express provision of this Lease. However, nothing in this Paragraph shall be construed as a waiver by Tenant of any right Tenant may have at law or in equity to New Jersey corporation (i) recover monetary damages for any default under this Lease by Landlord that Landlord fails to cure within the period provided in Pxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by Landlord of any of the express covenants, agreements, conditions or provisions of this Lease, or (iii) a decree compelling performance of any of the express covenants, agreements, conditions or provisions of this Lease."Tenant")

Status of Lease. Except as expressly provided herein(a) Sublandlord represents that on the Commencement Date the Lease will be in full force and effect, this Lease and Sublandlord shall not terminatebe in default thereunder beyond the expiration of any applicable grace period, nor shall Tenant have any right and will be so maintained thereafter with respect to terminate this Sublandlord’s performance thereunder, including the performance by Sublandlord of all the covenants, agreements, terms, provisions and conditions to be performed by it under the Lease, nor so that Subtenant, if and so long as it shall Tenant fully perform all the covenants, agreements, terms, provisions and conditions of this Sublease on its part to be entitled to performed and is not in default hereunder in any abatement way, shall have quiet possession of the RentSubleased Premises, nor shall insofar as that depends on Sublandlord’s full performance and observance of the obligations of Tenant covenants, agreements, terms, provisions and conditions on its part to be performed and observed under the Lease. (b) Sublandlord may not modify the Lease in any manner which would adversely affect Subtenant's rights under this Sublease without Subtenant's prior written consent; provided, however, if modification is required pursuant to the terms of the Lease, Subtenant's consent shall not be required. (c) In the event that the term of the Lease be excused, is terminated prior to the Expiration Date for any reason whatsoever, including without limitation any of the following: other than (i) any damage to or the destruction of all or any part Sublandlord's breach of the Leased Property from whatever causeterms of Section 14(a) of this Sublease, or (ii) the taking voluntary act of the Leased Property or any portion thereof Sublandlord, this Sublease shall thereupon be terminated and Sublandlord shall not be liable to Subtenant by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of Tenant's use of all or any portion of the Leased Property or any interference with such use by governmental action or otherwise, (iv) any eviction of Tenant or of anyone claiming through or under Tenant by paramount title or otherwise (provided, if Tenant is wrongfully evicted by Landlord or by any third party lawfully claiming through or under Landlord, other than Tenant or a third party claiming through or under Tenant, then Tenant will have the remedies described in Pxxxxxxxx 00 xxxxx), (x) any default on the part of Landlord under this Lease or under any other agreement to which Landlord and Tenant are parties, (vi) the inadequacy in any way whatsoever of the design or construction of any improvements included in the Leased Property, it being understood that Landlord has not made and will not make any representation express or implied as to the adequacy reason thereof, in which event any Base Rent or (vii) any other cause whether similar or dissimilar to the foregoing, any existing or future law to the contrary notwithstanding. It is the intention of the parties hereto that the obligations of Tenant Additional Rent due hereunder shall be separate and independent of the covenants and agreements of Landlord, that the Base Rent and all other sums payable by Tenant hereunder shall continue prorated to be payable in all events and that the obligations of Tenant hereunder shall continue unaffected, unless the requirement to pay or perform the same shall have been terminated or limited pursuant to an express provision of this Lease. However, nothing such termination date. (d) Nothing contained in this Paragraph Sublease shall be construed as to create privity of estate or of contract between Subtenant and Landlord. (e) Sublandlord shall, promptly following receipt thereof, deliver to Subtenant a waiver by Tenant copy of any right Tenant may and all notices received by Sublandlord from Landlord which would have at law any material effect upon the Premises or in equity to (i) recover monetary damages for any default under this Lease by Landlord that Landlord fails to cure within the period provided in Pxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by Landlord of any of the express covenants, agreements, conditions or provisions of this Lease, or (iii) a decree compelling performance of any of the express covenants, agreements, conditions or provisions of this LeaseSublease.