Common use of No Termination Clause in Contracts

No Termination. Except as expressly provided in this Lease itself, this Lease will not terminate, nor will NAI have any right to terminate this Lease, nor will NAI be entitled to any abatement of or setoff against the Rent, nor will the obligations of NAI under this Lease be excused, for any reason whatsoever, including any of the following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAI’s use or development of all or any portion of the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of NAI or of anyone claiming through or under NAI, (v) any default on the part of BNPPLC under this Lease or any of the other Operative Documents or any other agreement to which BNPPLC and NAI are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property included in the Property (it being understood that BNPPLC has not 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) NAI’s ownership of any interest in the Property, or (ix) 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 NAI hereunder be separate and independent of the covenants and agreements of BNPPLC, that Base Rent and all other sums payable by NAI hereunder continue to be payable in all events and that the obligations of NAI hereunder continue unaffected, unless the requirement to pay or perform the same have been terminated or limited pursuant to an express provision of this Lease. Without limiting the foregoing, NAI waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied as a matter of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC.

No Termination. Except as expressly otherwise specifically provided in this Lease itselfLease, and except for loss of the Franchise Agreement solely by reason of any action or inaction by Lessor, Lessee, to the extent permitted by law, shall remain bound by this Lease will not terminatein accordance with its terms and shall neither take any action without the written consent of Lessor to modify, surrender or terminate the same, nor will NAI have any right to terminate this Lease, seek nor will NAI be entitled to any abatement abatement, deduction, deferment or reduction of the Rent, or setoff against the Rent, nor will shall the obligations of NAI under this Lease Lessee be excused, for any otherwise affected by reason whatsoever, including any of the following: (ia) any damage to to, or the destruction of all or of, any part of the Property from whatever cause, (ii) the taking of the Leased Property or any portion thereof by eminent domain from whatever cause or otherwise for any reason, (iii) Taking of the prohibition, limitation or restriction of NAI’s use or development of all Leased Property or any portion thereof, (b) the lawful or unlawful prohibition of, or restriction upon, Lessee’s use of the Property Leased Property, or any portion thereof, or the interference with such use by governmental action any Person, corporation, partnership or otherwiseother entity, (ivc) any eviction claim which Lessee has or might have against Lessor by reason of NAI or of anyone claiming through or under NAI, (v) any default on the part or breach of BNPPLC any warranty by Lessor under this Lease or any of the other Operative Documents or any other agreement between Lessor and Lessee, or to which BNPPLC Lessor and NAI Lessee are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property included in the Property (it being understood that BNPPLC has not made, does not make and will not make any representation express or implied as to the adequacy thereof), (viid) any latent bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other defect in the Property proceedings affecting Lessor or any change in the condition thereof assignee or the existence with respect to the Property transferee of any violations of Applicable Laws, (viii) NAI’s ownership of any interest in the PropertyLessor, or (ixe) for any other cause, cause whether similar or dissimilar to any of the foregoingforegoing other than a discharge of Lessee from any such obligations as a matter of law. Lessee hereby specifically waives all rights, arising from any existing occurrence whatsoever, which may now or future hereafter be conferred upon it by law to (1) modify, surrender or terminate this Lease or quit or surrender the contrary notwithstanding. It is the intention Leased Property or any portion thereof, or (2) entitle Lessee to any abatement, reduction, suspension or deferment of the parties hereto that the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. The obligations of NAI Lessee hereunder shall be separate and independent of the covenants and agreements of BNPPLC, that Base and the Rent and all other sums payable by NAI Lessee hereunder shall continue to be payable in all events and that unless the obligations of NAI hereunder continue unaffected, unless the requirement to pay or perform the same have been shall be terminated or limited pursuant to an express provision of this Lease. Without limiting the foregoing, NAI waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied as a matter of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions termination of this Lease which are binding upon BNPPLCother than by reason of an Event of Default.

No Termination. Except as expressly provided in this Lease itself, this Lease will not terminate, nor will NAI LRC have any right to terminate this Lease, nor will NAI LRC be entitled to any abatement of or setoff against the Rent, nor will the obligations of NAI LRC under this Lease be excused, for any reason whatsoever, including any of the following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAILRC’s use or development of all or any portion of the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of NAI LRC or of anyone claiming through or under NAILRC, (v) any default or breach on the part of BNPPLC under this Lease or any of the other Operative Documents or any other agreement to which BNPPLC and NAI LRC are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property tangible personal property included in the Property (it being understood that BNPPLC has not 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) NAILRC’s ownership of any interest in the Property, or (ix) 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 NAI LRC hereunder be separate and independent of the covenants and agreements of BNPPLC, that Base Rent and all other sums payable by NAI LRC hereunder continue to be payable in all events and that the obligations of NAI LRC hereunder continue unaffected, unless the requirement to pay or perform the same have been terminated or limited pursuant to an express provision of this Lease. Without limiting the foregoing, NAI LRC waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI LRC may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied as a matter of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC.

No Termination. Except as expressly provided in this Lease itselfand to the extent provided by law, Lessee shall remain bound by this Lease will not terminatein accordance with its terms and shall neither take any action without the consent of Lessor to modify surrender or terminate the same, nor will NAI have any right to terminate this Lease, seek nor will NAI be entitled to any abatement abatement, deduction, deferment or reduction of Rent, or setoff set-off against the Rent, nor will shall the respective obligations of NAI under this Lease Lessor and Lessee be excused, for any otherwise affected by reason whatsoever, including any of the following: (ia) any damage to to, or destruction of, the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Leased Property or any portion thereof by eminent domain from whatever cause or otherwise for any reason, (iii) Taking of the prohibition, limitation or restriction of NAI’s use or development of all Leased Property or any portion thereof, except as otherwise provided in Articles XIII or XIV, (b) the lawful or unlawful prohibition of or restriction upon, Lessee's use of the Property Leased Property, or any portion thereof, or the interference with such use by governmental action any person, corporation, partnership or otherwiseother entity or by reason of eviction by paramount title, (ivc) any eviction claim which Lessee has or might have against Lessor or by reason of NAI or of anyone claiming through or under NAI, (v) any default on the part or breach of BNPPLC any warranty by Lessor under this Lease or any of the other Operative Documents or any other agreement between Lessor and Lessee or to which BNPPLC Lessor and NAI Lessee are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property included in the Property (it being understood that BNPPLC has not made, does not make and will not make any representation express or implied as to the adequacy thereof), (viid) any latent bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other defect in the Property proceedings affecting Lessor or any change in the condition thereof assignee or the existence with respect to the Property transferee of any violations of Applicable Laws, (viii) NAI’s ownership of any interest in the PropertyLessor, or (ixe) for any other cause, cause whatsoever whether similar or dissimilar to any of the foregoing, . Lessee hereby specifically waives all rights arising from any existing occurrence whatsoever which may now or future hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the contrary notwithstanding. It is the intention Leased Property or any portion thereof, or (ii) entitle Lessee to any abatement, reduction, suspension or deferment of the parties hereto that the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. The obligations of NAI Lessor and Lessee hereunder shall be separate and independent of the covenants and agreements of BNPPLC, that Base and the Rent and all other sums payable by NAI Lessee hereunder shall continue to be payable in all events and that unless the obligations of NAI hereunder continue unaffected, unless the requirement to pay or perform the same have been shall be terminated or limited pursuant to an the express provision provisions of this Lease. Without limiting Notwithstanding the foregoing, NAI waives Lessee shall have the right by separate and independent action to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI pursue any claim or seek any damages it may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied have against Lessor as a matter result of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction a breach by Lessor of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI terms of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC.

No Termination. Except as expressly provided in this Lease itselfLease, Lessee shall remain bound by this Lease will not terminatein accordance with its terms and shall neither take any action without the consent of Lessor to modify, surrender or terminate the same, nor will NAI have any right to terminate this Lease, seek nor will NAI be entitled to any abatement abatement, deduction, deferment or reduction of Rent, or setoff set-off against the Rent, nor will shall the respective obligations of NAI under this Lease Lessor and Lessee be excused, for any otherwise affected by reason whatsoever, including any of the following: (ia) any damage to to, or destruction of, the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Leased Property or any portion thereof by eminent domain from whatever cause or otherwise for any reason, (iii) Taking of the prohibition, limitation or restriction of NAI’s use or development of all Leased Property or any portion thereof, except as otherwise provided in Articles 13 or 14, (b) the lawful prohibition of, or restriction upon, Lessee's use of the Property Leased Property, or any portion thereof, or the interference with such use by governmental action any person, corporation, partnership or otherwiseother entity, or by reason of eviction by paramount title, (ivc) any eviction claim which Lessee has or might have against Lessor or by reason of NAI or of anyone claiming through or under NAI, (v) any default on the part or breach of BNPPLC any warranty by Lessor under this Lease or any of the other Operative Documents or any other agreement between Lessor and Lessee or to which BNPPLC Lessor and NAI Lessee are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property included in the Property (it being understood that BNPPLC has not made, does not make and will not make any representation express or implied as to the adequacy thereof), (viid) any latent bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other defect in the Property proceedings affecting Lessor or any change in the condition thereof assignee or the existence with respect to the Property transferee of any violations of Applicable Laws, (viii) NAI’s ownership of any interest in the PropertyLessor, or (ixe) for any other cause, cause whatsoever whether similar or dissimilar to any of the foregoing, . Lessee hereby specifically waives all rights arising from any existing occurrence whatsoever which may now or future hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the contrary notwithstanding. It is the intention Leased Property or any portion thereof, or (ii) entitle Lessee to any abatement, reduction, suspension or deferment of the parties hereto that the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. The obligations of NAI Lessor and Lessee hereunder shall be separate and independent of the covenants and agreements of BNPPLC, that Base and the Rent and all other sums payable by NAI Lessee hereunder shall continue to be payable in all events and that the obligations of NAI hereunder continue unaffectedevents, unless the requirement obligations to pay or perform the same have been shall be terminated or limited pursuant to an the express provision provisions of this Lease. Without limiting Notwithstanding the foregoing, NAI waives Lessee shall have the right by separate and independent action to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI pursue any claim or seek any damages it may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied have against Lessor as a matter result of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction a breach by Lessor of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI terms of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC.

No Termination. Except as expressly provided in this Land Lease itself, this Land Lease will shall not terminate, nor will shall NAI have any right to terminate this Land Lease, nor will shall NAI be entitled to any abatement of or setoff against the Rent, nor will shall the obligations of NAI under this Land Lease be excused, for any reason whatsoever, including any of the following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAI’s 's use or development of all or any portion of the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of NAI or of anyone claiming through or under NAI, (v) any default on the part of BNPPLC BNPLC under this Land Lease or any of the other Operative Documents or under any other agreement to which BNPPLC BNPLC and NAI are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property included in the Property (it being understood that BNPPLC BNPLC has not 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 (viii) NAI’s ownership of any interest in the Property, or (ix) any other cause, 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 NAI hereunder shall be separate and independent of the covenants and agreements of BNPPLCBNPLC, that Base Rent and all other sums payable by NAI hereunder shall continue to be payable in all events and that the obligations of NAI 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 Land Lease. Without limiting the foregoing, NAI waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI may now or hereafter be entitled by law (including any such rights arising because of any “implied "warranty of suitability” " or other warranties implied as a matter of lawwarranty under Applicable Laws) (i) to quit, terminate or surrender this Land Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B4.(b) will shall be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s BNPLC's failure to remove a Lien Removable by BNPPLC BNPLC or because of any other default by BNPPLC BNPLC under this Lease: (i) the recovery of monetary damages in the case of any default Land Lease that continues beyond the period for cure provided in Xxxxxxxxx 00Paragraph 19: (i) the recovery of monetary damages, (xxii) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC BNPLC of any of the express covenants, agreements, conditions or provisions of this Land Lease which are binding upon BNPPLC BNPLC (including the confidentiality provisions set forth in subparagraph 22(B16.(c) below), or (iii) a decree compelling performance by BNPPLC BNPLC of any of the express covenants, agreements, conditions or provisions of this Land Lease which are binding upon BNPPLCBNPLC.

No Termination. Except as expressly provided in this Lease itselfLease, Lessee shall remain bound by this Lease will not terminatein accordance with its terms and shall neither take any action without the consent of Lessor to modify, surrender or terminate the same, nor will NAI have any right to terminate this Lease, seek nor will NAI be entitled to any abatement abatement, deduction, deferment or reduction of Rent, or setoff set-off against the Rent, nor will shall the respective obligations of NAI under this Lease Lessor and Lessee be excused, for any otherwise affected by reason whatsoever, including any of the following: (ia) any damage to to, or destruction of, the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Leased Property or any portion thereof by eminent domain from whatever cause or otherwise for any reason, (iii) Taking of the prohibition, limitation or restriction of NAI’s use or development of all Leased Property or any portion thereof, (b) the lawful or unlawful prohibition of, or restriction upon, Lxxxxx’s use of the Property Leased Property, or any portion thereof, or the interference with such use by governmental action any person, corporation, partnership or otherwiseother entity, or by reason of eviction by paramount title, (ivc) any eviction claim which Lessee has or might have against Lessor or by reason of NAI or of anyone claiming through or under NAI, (v) any default on the part or breach of BNPPLC any warranty by Lessor under this Lease or any of the other Operative Documents or any other agreement between Lessor and Lessee or to which BNPPLC Lessor and NAI Lessee are parties, (vi) including the inadequacy in any way whatsoever failure of Lessee to perform its obligations under the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property included in the Property (it being understood that BNPPLC has not made, does not make Ground Lease pursuant to Articles II and will not make any representation express or implied as to the adequacy thereof)HI hereof, (viid) any latent bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other defect in the Property proceedings affecting Lessor or any change in the condition thereof assignee or the existence with respect to the Property transferee of any violations of Applicable Laws, (viii) NAI’s ownership of any interest in the PropertyLessor, or (ixe) for any other cause, cause whether similar or dissimilar to any of the foregoing, . Lessee hereby specifically waives all rights arising from any existing occurrence whatsoever which may now or future hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the contrary notwithstanding. It is the intention Leased Property or any portion thereof, or (ii) entitle Lessee to any abatement, reduction, suspension or deferment of the parties hereto that the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. The obligations of NAI Lxxxxx and Lessee hereunder shall be separate and independent of the covenants and agreements of BNPPLC, that Base and the Rent and all other sums payable by NAI Lessee hereunder shall continue to be payable in all events and that unless the obligations of NAI hereunder continue unaffected, unless the requirement to pay or perform the same have been shall be terminated or limited pursuant to an the express provision provisions of this Lease. Without limiting Notwithstanding the foregoing, NAI waives Lessee shall have the right by separate and independent action to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI pursue any claim or seek any damages it may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied have against Lessor as a matter result of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction a breach by Lxxxxx of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI terms of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC.

No Termination. Except as expressly provided in this Lease itselfLease, Lessee shall remain bound by this Lease will not terminatein accordance with its terms and shall neither take any action without the consent of Lessor to modify, surrender or terminate the same, nor will NAI have any right to terminate this Lease, seek nor will NAI be entitled to any abatement abatement, deduction, deferment or reduction of Rent, or setoff set-off against the Rent, nor will shall the respective obligations of NAI under this Lease Lessor and Lessee be excused, for any otherwise affected by reason whatsoever, including any of the following: (ia) any damage to to, or destruction of, the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Leased Property or any portion thereof by eminent domain from whatever cause or otherwise for any reason, (iii) Taking of the prohibition, limitation or restriction of NAI’s use or development of all Leased Property or any portion thereof, except as otherwise provided in Articles XIII or XIV, (b) the lawful or unlawful prohibition of, or restriction upon, Lessee's use of the Property Leased Property, or any portion thereof, or the interference with such use by governmental action any person, corporation, partnership or otherwiseother entity, or by reason of eviction by paramount title, (ivc) any eviction claim which Lessee has or might have against Lessor or by reason of NAI or of anyone claiming through or under NAI, (v) any default on the part or breach of BNPPLC any warranty by Lessor under this Lease or any of the other Operative Documents or any other agreement between Lessor and Lessee or to which BNPPLC Lessor and NAI Lessee are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property included in the Property (it being understood that BNPPLC has not made, does not make and will not make any representation express or implied as to the adequacy thereof), (viid) any latent bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other defect in the Property proceedings affecting Lessor or any change in the condition thereof assignee or the existence with respect to the Property transferee of any violations of Applicable Laws, (viii) NAI’s ownership of any interest in the PropertyLessor, or (ixe) for any other cause, cause whatsoever whether similar or dissimilar to any of the foregoing, . Lessee hereby specifically waives all rights arising from any existing occurrence whatsoever which may now or future hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the contrary notwithstanding. It is the intention Leased Property or any portion thereof, or (ii) entitle Lessee to any abatement, reduction, suspension or deferment of the parties hereto that the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. The obligations of NAI Lessor and Lessee hereunder shall be separate and independent of the covenants and agreements of BNPPLC, that Base and the Rent and all other sums payable by NAI Lessee hereunder shall continue to be payable in all events and that unless the obligations of NAI hereunder continue unaffected, unless the requirement to pay or perform the same have been shall be terminated or limited pursuant to an the express provision provisions of this Lease. Without limiting Notwithstanding the foregoing, NAI waives Lessee shall have the right by separate and independent action to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI pursue any claim or seek any damages it may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied have against Lessor as a matter result of law) (i) to quit, terminate or surrender a breach by Lessor of the terms of this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLCLessor's willful misconduct.

No Termination. Except as expressly provided in this Lease itself, this Lease will not terminate, nor will NAI have any right to terminate this Lease, nor will NAI be entitled to any abatement of or setoff against the Rent, nor will the obligations of NAI under this Lease be excused, for any reason whatsoever, including any of the following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAI’s use or development of all or any portion of the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of NAI or of anyone claiming through or under NAI, (v) any default on the part of BNPPLC under this Lease or any of the other Operative Documents or any other agreement to which BNPPLC and NAI are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property tangible personal property included in the Property (it being understood that BNPPLC has not 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) NAI’s ownership of any interest in the Property, or (ix) 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 NAI hereunder be separate and independent of the covenants and agreements of BNPPLC, that Base Rent and all other sums payable by NAI hereunder continue to be payable in all events and that the obligations of NAI hereunder continue unaffected, unless the requirement to pay or perform the same have been terminated or limited pursuant to an express provision of this Lease. Without limiting the foregoing, NAI waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied as a matter of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx Pxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC.

No Termination. Except as expressly otherwise specifically provided in this Lease itselfLease, and except for loss of the Franchise Agreement solely by reason of any action or inaction by Lessor, Lessee, to the extent permitted by law, shall remain bound by this Lease will not terminatein accordance with its terms and shall neither take any action without the written consent of Lessor to modify, surrender or terminate the same, nor will NAI have any right to terminate this Lease, seek nor will NAI be entitled to any abatement abatement, deduction, deferment or reduction of the Rent, or setoff against the Rent, nor will shall the obligations of NAI under this Lease Lessee be excused, for any otherwise affected by reason whatsoever, including any of the following: (ia) any damage to to, or the destruction of all or of, any part of the Property from whatever cause, (ii) the taking of the Leased Property or any portion thereof by eminent domain from whatever cause or otherwise for any reason, (iii) Taking of the prohibition, limitation or restriction of NAI’s use or development of all Leased Property or any portion thereof, (b) the lawful or unlawful prohibition of, or restriction upon, Lessee's use of the Property Leased Property, or any portion thereof, or the interference with such use by governmental action any Person, corporation, partnership or otherwiseother entity, (ivc) any eviction claim which Lessee has or might have against Lessor by reason of NAI or of anyone claiming through or under NAI, (v) any default on the part or breach of BNPPLC any warranty by Lessor under this Lease or any of the other Operative Documents or any other agreement between Lessor and Lessee, or to which BNPPLC Lessor and NAI Lessee are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property included in the Property (it being understood that BNPPLC has not made, does not make and will not make any representation express or implied as to the adequacy thereof), (viid) any latent bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other defect in the Property proceedings affecting Lessor or any change in the condition thereof assignee or the existence with respect to the Property transferee of any violations of Applicable Laws, (viii) NAI’s ownership of any interest in the PropertyLessor, or (ixe) for any other cause, cause whether similar or dissimilar to any of the foregoingforegoing other than a discharge of Lessee from any such obligations as a matter of law. Lessee hereby specifically waives all rights, arising from any existing occurrence whatsoever, which may now or future hereafter be conferred upon it by law to (1) modify, surrender or terminate this Lease or quit or surrender the contrary notwithstanding. It is the intention Leased Property or any portion thereof, or (2) entitle Lessee to any abatement, reduction, suspension or deferment of the parties hereto that the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. The obligations of NAI Lessee hereunder shall be separate and independent of the covenants and agreements of BNPPLC, that Base and the Rent and all other sums payable by NAI Lessee hereunder shall continue to be payable in all events and that unless the obligations of NAI hereunder continue unaffected, unless the requirement to pay or perform the same have been shall be terminated or limited pursuant to an express provision of this Lease. Without limiting the foregoing, NAI waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied as a matter of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions termination of this Lease which are binding upon BNPPLCother than by reason of an Event of Default.

No Termination. Except as expressly provided in this Lease itselfLease, Lessee shall remain bound by this Lease will not terminatein accordance with its terms and shall neither take any action without the consent of Lessor to modify, surrender or terminate the same, nor will NAI have any right to terminate this Lease, seek nor will NAI be entitled to any abatement abatement, deduction, deferment or reduction of Rent, or setoff set-off against the Rent, nor will shall the respective obligations of NAI under this Lease Lessor and Lessee be excused, for any otherwise affected by reason whatsoever, including any of the following: (ia) any damage to to, or destruction of, the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Leased Property or any portion thereof by eminent domain from whatever cause or otherwise for any reason, (iii) Taking of the prohibition, limitation or restriction of NAI’s use or development of all Leased Property or any portion thereof, except as otherwise provided in Articles 13 or 14, (b) the lawful or unlawful prohibition of, or restriction upon, Lessee's use of the Property Leased Property, or any portion thereof, or the interference with such use by governmental action any person, corporation, partnership or otherwiseother entity, or by reason of eviction by paramount title, (ivc) any eviction claim which Lessee has or might have against Lessor or by reason of NAI or of anyone claiming through or under NAI, (v) any default on the part or breach of BNPPLC any warranty by Lessor under this Lease or any of the other Operative Documents or any other agreement between Lessor and Lessee or to which BNPPLC Lessor and NAI Lessee are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property included in the Property (it being understood that BNPPLC has not made, does not make and will not make any representation express or implied as to the adequacy thereof), (viid) any latent bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other defect in the Property proceedings affecting Lessor or any change in the condition thereof assignee or the existence with respect to the Property transferee of any violations of Applicable Laws, (viii) NAI’s ownership of any interest in the PropertyLessor, or (ixe) for any other cause, cause whatsoever whether similar or dissimilar to any of the foregoing, . Lessee hereby specifically waives all rights arising from any existing occurrence whatsoever which may now or future hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the contrary notwithstanding. It is the intention Leased Property or any portion thereof, or (ii) entitle Lessee to any abatement, reduction, suspension or deferment of the parties hereto that the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. The obligations of NAI Lessor and Lessee hereunder shall be separate and independent of the covenants and agreements of BNPPLC, that Base and the Rent and all other sums payable by NAI Lessee hereunder shall continue to be payable in all events and that unless the obligations of NAI hereunder continue unaffected, unless the requirement to pay or perform the same have been shall be terminated or limited pursuant to an the express provision provisions of this Lease. Without limiting Notwithstanding the foregoing, NAI waives Lessee shall have the right by separate and independent action to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI pursue any claim or seek any damages it may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied have against Lessor as a matter result of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction a breach by Lessor of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI terms of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC.

No Termination. Except as expressly provided in this Lease itself, this Lease will not terminate, nor will NAI have any right to terminate this Lease, nor will NAI be entitled to any abatement of or setoff against the Rent, nor will the obligations of NAI under this Lease be excused, for any reason whatsoever, including any of the following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAI’s use or development of all or any portion of the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of NAI or of anyone claiming through or under NAI, (v) any default on the part of BNPPLC under this Lease or any of the other Operative Documents or any other agreement to which BNPPLC and NAI are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property included in the Property (it being understood that BNPPLC has not 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) NAI’s ownership of any interest in the Property, (ix) any breach of an Existing Space Lease by the tenant thereunder, or (ixx) 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 NAI hereunder be separate and independent of the covenants and agreements of BNPPLC, that Base Rent and all other sums payable by NAI hereunder continue to be payable in all events and that the obligations of NAI hereunder continue unaffected, unless the requirement to pay or perform the same have been terminated or limited pursuant to an express provision of this Lease. Without limiting the foregoing, NAI waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied as a matter of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx Pxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC.

No Termination. Except as expressly provided in this Lease itselfLease, Lessee shall remain bound by this Lease will not terminatein accordance with its terms and shall neither take any action without the consent of Lessor to modify, surrender or terminate the same, nor will NAI have any right to terminate this Lease, seek nor will NAI be entitled to any abatement abatement, deduction, deferment or reduction of the Rent, or setoff set-off against the Rent, nor will shall the respective obligations of NAI under this Lease Lessor and Lessee be excused, for any otherwise affected by reason whatsoever, including any of the following: (ia) any damage to to, or destruction of, the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Leased Property or any portion thereof by eminent domain from whatever cause or otherwise for any reason, (iii) Taking of the prohibition, limitation or restriction of NAI’s use or development of all Leased Property or any portion thereof, except as otherwise provided in Articles XIII and XIV, (b) the lawful or unlawful prohibition of, or restriction upon, Lessee's use of the Property Leased Property, or any portion thereof, or the interference with such use by governmental action any person, corporation, partnership or otherwiseother entity, or by reason of eviction by paramount title, (ivc) any eviction claim which Lessee has or might have against Lessor or by reason of NAI or of anyone claiming through or under NAI, (v) any default on the part or breach of BNPPLC any warranty by Lessor under this Lease or any of the other Operative Documents or any other agreement between Lessor and Lessee or to which BNPPLC Lessor and NAI Lessee are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property included in the Property (it being understood that BNPPLC has not made, does not make and will not make any representation express or implied as to the adequacy thereof), (viid) any latent bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other defect in the Property proceedings affecting Lessor or any change in the condition thereof assignee or the existence with respect to the Property transferee of any violations of Applicable Laws, (viii) NAI’s ownership of any interest in the PropertyLessor, or (ixe) any other cause, cause whatsoever whether similar or dissimilar to any of the foregoing, foregoing except for actions or omissions of Lessor. Lessee hereby specifically waives all rights arising from any existing occurrence whatsoever which may now or future hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the contrary notwithstanding. It is the intention Leased Property or any portion thereof, or (ii) entitle Lessee to any abatement, reduction, suspension or deferment of the parties hereto that the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. The obligations of NAI Lessor and Lessee hereunder shall be separate and independent of the covenants and agreements of BNPPLC, that Base and the Rent and all other sums payable by NAI Lessee hereunder shall continue to be payable in all events and that unless the obligations of NAI hereunder continue unaffected, unless the requirement to pay or perform the same have been shall be terminated or limited pursuant to an the express provision provisions of this Lease. Without limiting Notwithstanding the foregoing, NAI waives Lessee shall have the right by separate and independent action to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI pursue any claim or seek any damages it may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied have against Lessor as a matter result of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction a breach by Lessor of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI terms of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC.

No Termination. Except as expressly provided in this Land -------------- Lease itself, this Land Lease will shall not terminate, nor will NAI shall Zhone have any right to terminate this Land Lease, nor will NAI shall Zhone be entitled to any abatement of or setoff against the Rent, nor will shall the obligations of NAI Zhone under this Land Lease be excused, for any reason whatsoever, including any of the following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAI’s Zhone's use or development of all or any portion of [Land] the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of NAI Zhone or of anyone claiming through or under NAIZhone, (v) any default on the part of BNPPLC BNPLC under this Land Lease or any of the other Operative Documents or under any other agreement to which BNPPLC BNPLC and NAI Zhone are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property included in the Property (it being understood that BNPPLC BNPLC has not 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) NAI’s ownership any breach by Seller of any interest the Acquisition Contract or other agreements or promises or representations made in connection with the PropertyAcquisition Contract, or (ix) any other cause, 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 NAI Zhone hereunder shall be separate and independent of the covenants and agreements of BNPPLCBNPLC, that Base Rent and all other sums payable by NAI Zhone hereunder shall continue to be payable in all events and that the obligations of NAI Zhone 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 Land Lease. Without limiting the foregoing, NAI Zhone waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI Zhone may now or hereafter be entitled by law (including any such rights arising because of any “implied "warranty of suitability” " or other warranties implied as a matter of lawwarranty under Applicable Laws) (i) to quit, terminate or surrender this Land Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B4.(b) will shall be construed as a waiver by NAI Zhone of any right NAI Zhone may have at law or in equity to the following remedies, whether because of BNPPLC’s BNPLC's failure to remove a Lien Removable by BNPPLC BNPLC or because of any other default by BNPPLC BNPLC under this Lease: (i) the recovery of monetary damages in the case of any default Land Lease that continues beyond the period for cure provided in Xxxxxxxxx 00Paragraph 19: (i) the recovery of monetary damages, (xxii) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC BNPLC of any of the express covenants, agreements, conditions or provisions of this Land Lease which are binding upon BNPPLC BNPLC (including the confidentiality provisions set forth in subparagraph 22(B16.(c) below), or (iii) a decree compelling performance by BNPPLC BNPLC of any of the express covenants, agreements, conditions or provisions of this Land Lease which are binding upon BNPPLCBNPLC.

No Termination. Abatement. etc. Except as expressly otherwise specifically provided in this Lease itselfLease, Lessee, to the extent permitted by law, shall remain bound by this Lease will not terminatein accordance with its terms and shall neither take any action without the written consent of Lessor to modify, surrender or terminate the same, nor will NAI have any right to terminate this Lease, seek nor will NAI be entitled to any abatement abatement, deduction, deferment or reduction of the Rent, or setoff against the Rent, nor will shall the obligations of NAI under this Lease Lessee be excused, for any otherwise affected by reason whatsoever, including any of the following: (ia) any damage to to, or the destruction of all or of, any part of the Property from whatever cause, (ii) the taking of the Leased Property or any portion thereof by eminent domain from whatever cause or otherwise for any reason, (iii) Taking of the prohibition, limitation or restriction of NAI’s use or development of all Leased Property or any portion of the Property thereof, (b) any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other proceedings affecting Lessor or any interference with such use by governmental action assignee or otherwise, (iv) any eviction transferee of NAI or of anyone claiming through or under NAI, (v) any default on the part of BNPPLC under this Lease or any of the other Operative Documents or any other agreement to which BNPPLC and NAI are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property included in the Property (it being understood that BNPPLC has not 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) NAI’s ownership of any interest in the PropertyLessor, or (ixc) for any other cause, cause whether similar or dissimilar to any of the foregoingforegoing other than a discharge of Lessee from any such obligations as a matter of law. Lessee hereby specifically waives all rights, arising from any existing default under this Lease by Lessor which may now or future hereafter be conferred upon it by law to (1) modify, surrender or terminate this Lease or quit or surrender the contrary notwithstandingLeased Property or any portion thereof, or (2) entitle Lessee to any abatement, reduction, suspension or deferment of or set off against the Rent or other sums payable by Lessee hereunder, except to the extent that Lessor's action constitutes constructive eviction and except as otherwise specifically provided in this Lease. It is the intention of the parties hereto that the The obligations of NAI Lessee hereunder shall be separate and independent of the covenants and agreements of BNPPLC, that Base and the Rent and all other sums payable by NAI Lessee hereunder shall continue to be payable in all events and that unless the obligations of NAI hereunder continue unaffected, unless the requirement to pay or perform the same have been terminated shall be terminated, abated or limited modified pursuant to an express provision of this Lease. Without limiting the foregoing, NAI waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied as a matter of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions termination of this Lease which are binding upon BNPPLCother than by reason of an Event of Default.

No Termination. Except as expressly provided in this Lease itself, this Lease will not terminate, nor will NAI LRC have any right to terminate this Lease, nor will NAI LRC be entitled to any abatement of or setoff against the Rent, nor will the obligations of NAI LRC under this Lease be excused, for any reason whatsoever, including any of the following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property Lease Agreement (Livermore/ Parcel 7) — Page 8 or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAILRC’s use or development of all or any portion of the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of NAI LRC or of anyone claiming through or under NAILRC, (v) any default or breach on the part of BNPPLC under this Lease or any of the other Operative Documents or any other agreement to which BNPPLC and NAI LRC are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property tangible personal property included in the Property (it being understood that BNPPLC has not 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) NAILRC’s ownership of any interest in the Property, (ix) any breach of an Existing Space Lease by the tenant thereunder, or (ixx) 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 NAI LRC hereunder be separate and independent of the covenants and agreements of BNPPLC, that Base Rent and all other sums payable by NAI LRC hereunder continue to be payable in all events and that the obligations of NAI LRC hereunder continue unaffected, unless the requirement to pay or perform the same have been terminated or limited pursuant to an express provision of this Lease. Without limiting the foregoing, NAI LRC waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI LRC may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied as a matter of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC.

No Termination. Abatement, etc --------------------------------- . Except as expressly otherwise specifically provided in this Lease itselfLease, Lessee shall remain bound by this Lease will in accordance with its terms and shall not terminate, nor will NAI have any right to terminate this Lease, nor will NAI seek or be entitled to any abatement abatement, deduction, deferment or reduction of Rent, or setoff set-off against the Rent, nor will the . The respective obligations of NAI under this Lease Lessor and Lessee shall not be excused, for any affected by reason whatsoever, including any of the following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Leased Property or any portion thereof by eminent domain from whatever cause or otherwise for any reason, (iii) Condemnation of the prohibition, limitation or restriction of NAI’s use or development of all Leased Property or any portion thereof; (ii) other than as a result of Lessor's willful misconduct or gross negligence, the lawful or unlawful prohibition of, or restriction upon, Lessee's use of the Property Leased Property, or any portion thereof, the interference with such use by governmental action any Person or otherwise, by reason of eviction by paramount title; (iii) any claim that Lessee has or might have against Lessor by reason of any default or breach of any warranty by Lessor hereunder or under any other agreement between Lessor and Lessee or to which Lessor and Lessee are parties; (iv) any eviction bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other proceedings affecting Lessor or any assignee or transferee of NAI Lessor; or of anyone claiming through or under NAI, (v) any default on the part of BNPPLC under this Lease or any of the other Operative Documents or any other agreement to which BNPPLC and NAI are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property included in the Property (it being understood that BNPPLC has not 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) NAI’s ownership of any interest in the Property, or (ix) for any other cause, whether similar or dissimilar to any of the foregoing, other than a discharge of Lessee from any existing such obligations as a matter of law. Lessee hereby specifically waives all rights arising from any occurrence whatsoever which may now or future hereafter be conferred upon it by law (a) to modify, surrender or terminate this Lease or quit or surrender the contrary notwithstanding. It is the intention Leased Property or any portion thereof; or (b) which may entitle Lessee to any abatement, reduction, suspension or deferment of the parties hereto that the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. However, nothing shall preclude Lessee from bringing a separate action and Lessee is not waiving other rights and remedies not expressly waived herein. The obligations of NAI Lessor and Lessee hereunder shall be separate and independent of the covenants and agreements of BNPPLC, that Base and the Rent and all other sums payable by NAI Lessee hereunder shall continue to be payable in all events and that unless the obligations of NAI hereunder continue unaffected, unless the requirement to pay or perform the same have been shall be terminated or limited pursuant to an express provision of this Lease. Without limiting the foregoing, NAI waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied as a matter of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions termination of this Lease which are binding upon BNPPLCother than by reason of an Event of Default. 46. 47.

No Termination. Except as expressly provided in Lessee shall remain bound by this Lease itselfin accordance with its terms and shall neither take any action without the consent of Lessor to modify, this Lease will not terminatesurrender or terminate the same, nor will NAI have any right to terminate this Lease, seek nor will NAI be entitled to any abatement abatement, deduction, deferment or reduction of Rent, or setoff set-off against the Rent, nor will shall the respective obligations of NAI under this Lease Lessor and Lessee be excused, for any otherwise affected by reason whatsoever, including any of the following: (ia) any damage to to, or the destruction of all or of, any part of the Property from whatever cause, (ii) the taking of the Leased Property or any portion thereof by eminent domain from whatever cause or otherwise for any reason, (iii) Taking of the prohibition, limitation or restriction of NAI’s use or development of all Leased Property or any portion thereof, (b) the lawful or unlawful prohibition of, or restriction upon, Lessee's use of the Property Leased Property, or any portion thereof, or the interference with such use by governmental action any person, corporation, partnership or otherwiseother entity, or by reason of eviction by paramount title; (ivc) any eviction claim which Lessee has or might have against Lessor or by reason of NAI or of anyone claiming through or under NAI, (v) any default on the part or breach of BNPPLC any warranty by Lessor under this Lease or any of the other Operative Documents or any other agreement between Lessor and Lessee, or to which BNPPLC Lessor and NAI Lessee are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property included in the Property (it being understood that BNPPLC has not made, does not make and will not make any representation express or implied as to the adequacy thereof), (viid) any latent bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other defect in the Property proceedings affecting Lessor or any change in the condition thereof assignee or the existence with respect to the Property transferee of any violations of Applicable Laws, (viii) NAI’s ownership of any interest in the PropertyLessor, or (ixe) for any other cause, cause whether similar or dissimilar to any of the foregoingforegoing other than a discharge of Lessee from any such obligations as a matter of law. Lessee hereby specifically waives all rights, arising from any existing occurrence whatsoever, which may now or future hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the contrary notwithstanding. It is the intention Leased Property or any portion thereof, or (ii) entitle Lessee to any abatement, reduction, suspension or deferment of the parties hereto that the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. The obligations of NAI Lessor and Lessee hereunder shall be separate and independent of the covenants and agreements of BNPPLC, that Base and the Rent and all other sums payable by NAI Lessee hereunder shall continue to be payable in all events and that unless the obligations of NAI hereunder continue unaffected, unless the requirement to pay or perform the same have been shall be terminated or limited pursuant to an express provision of this Lease. Without limiting the foregoing, NAI waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied as a matter of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions termination of this Lease which are binding upon BNPPLCother than by reason of an Event of Default.

No Termination. Except as expressly provided in this Lease itselfLease, Lessee shall remain bound by this Lease will not terminatein accordance with its terms and shall neither take any action without the consent of Lessor to modify, surrender or terminate the same, nor will NAI have any right to terminate this Lease, seek nor will NAI be entitled to any abatement abatement, deduction, deferment or reduction of Rent, or setoff set-off against the Rent, nor will shall the respective obligations of NAI under this Lease Lessor and Lessee be excused, for any otherwise affected by reason whatsoever, including any of the following: (ia) any damage to to, or destruction of, the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Leased Property or any portion thereof by eminent domain from whatever cause or otherwise for any reason, (iii) Taking of the prohibition, limitation or restriction of NAI’s use or development of all Leased Property or any portion thereof, (b) the lawful or unlawful prohibition of, or restriction upon, Lessee's use of the Property Leased Property, or any portion thereof, or the interference with such use by governmental action any person, corporation, partnership or otherwiseother entity, or by reason of eviction by paramount title, (ivc) any eviction claim which Lessee has or might have against Lessor or by reason of NAI or of anyone claiming through or under NAI, (v) any default on the part or breach of BNPPLC any warranty by Lessor under this Lease or any of the other Operative Documents or any other agreement between Lessor and Lessee or to which BNPPLC Lessor and NAI Lessee are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property included in the Property (it being understood that BNPPLC has not made, does not make and will not make any representation express or implied as to the adequacy thereof), (viid) any latent bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other defect in the Property proceedings affecting Lessor or any change in the condition thereof assignee or the existence with respect to the Property transferee of any violations of Applicable Laws, (viii) NAI’s ownership of any interest in the PropertyLessor, or (ixe) for any other cause, cause whether similar or dissimilar to any of the foregoing, . Lessee hereby specifically waives all rights arising from any existing occurrence whatsoever which may now or future hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the contrary notwithstanding. It is the intention Leased Property or any portion thereof, or (ii) entitle Lessee to any abatement, reduction, suspension or deferment of the parties hereto that the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. The obligations of NAI Lessor and Lessee hereunder shall be separate and independent of the covenants and agreements of BNPPLC, that Base and the Rent and all other sums payable by NAI Lessee hereunder shall continue to be payable in all events and that unless the obligations of NAI hereunder continue unaffected, unless the requirement to pay or perform the same have been shall be terminated or limited pursuant to an the express provision provisions of this Lease. Without limiting the foregoing, NAI waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied as a matter of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC.

No Termination. Except as expressly provided in this Lease itself, this Lease will shall not terminate, nor will NAI shall Specialty Laboratories have any right to terminate this Lease, nor will NAI shall Specialty Laboratories be entitled to any abatement of or setoff against the Rent, nor will shall the obligations of NAI Specialty Laboratories under this Lease be excused, for any reason whatsoever, including any of the following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAI’s Specialty Laboratories' use or development of all or any portion of the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of NAI Specialty Laboratories or of anyone claiming through or under NAISpecialty Laboratories, (v) any default on the part of BNPPLC under this Lease or any of the other Operative Documents or under any other agreement to which BNPPLC and NAI Specialty Laboratories are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property tangible personal property included in the Property (it being understood that BNPPLC has not 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) NAI’s ownership of any interest in the Property, or (ixvii) any other cause, 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 NAI Specialty Laboratories hereunder shall be separate and independent of the covenants and agreements of BNPPLC, that Base Rent and all other sums payable by NAI Specialty Laboratories hereunder shall continue to be payable in all events and that the obligations of NAI Specialty Laboratories 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. Without limiting the foregoing, NAI Specialty Laboratories waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI Specialty Laboratories may now or hereafter be entitled by law (including any such rights arising because of any “implied "warranty of suitability” " or other warranties implied as a matter of lawwarranty under Applicable Laws) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B4.(B) will shall be construed as a waiver by NAI Specialty Laboratories of any right NAI Specialty Laboratories may have at law or in equity to the following remedies, whether because of BNPPLC’s 's failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default Lease that continues beyond the period for cure provided in Xxxxxxxxx 00Paragraph 15: (i) the recovery of monetary damages, (xxii) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) belowXxxxxxxxx 00 xxxxx), or xx (iiixxx) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC.

No Termination. Except as expressly provided in this Lease itself, this Lease will not terminate, nor will NAI LRC have any right to terminate this Lease, nor will NAI LRC be entitled to any abatement of or setoff against the Rent, nor will the obligations of NAI LRC under this Lease be excused, for any reason whatsoever, including any of the following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property Lease Agreement (Livermore/Parcel 6) — Page 8 or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAILRC’s use or development of all or any portion of the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of NAI LRC or of anyone claiming through or under NAILRC, (v) any default or breach on the part of BNPPLC under this Lease or any of the other Operative Documents or any other agreement to which BNPPLC and NAI LRC are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property tangible personal property included in the Property (it being understood that BNPPLC has not 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) NAILRC’s ownership of any interest in the Property, (ix) any breach of an Existing Space Lease by the tenant thereunder, or (ixx) 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 NAI LRC hereunder be separate and independent of the covenants and agreements of BNPPLC, that Base Rent and all other sums payable by NAI LRC hereunder continue to be payable in all events and that the obligations of NAI LRC hereunder continue unaffected, unless the requirement to pay or perform the same have been terminated or limited pursuant to an express provision of this Lease. Without limiting the foregoing, NAI LRC waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI LRC may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied as a matter of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC.

No Termination. Except as expressly provided in this Land Lease itself, this Land Lease will shall not terminate, nor will shall NAI have any right to terminate this Land Lease, nor will shall NAI be entitled to any abatement of or setoff against the Rent, nor will shall the obligations of NAI under this Land Lease be excused, for any reason whatsoever, including any of the following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAI’s 's use or development of all or any portion of the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of NAI or of anyone claiming through or under NAI, (v) any default on the part of BNPPLC BNPLC under this Land Lease or any of the other Operative Documents or under any other agreement to which BNPPLC BNPLC and NAI are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property included in the Property (it being understood that BNPPLC BNPLC has not 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 (viii) NAI’s ownership of any interest in the Property, or (ix) any other cause, 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 NAI hereunder shall be separate and independent of the covenants and agreements of BNPPLCBNPLC, that Base Rent and all other sums payable by NAI hereunder shall continue to be payable in all events and that the obligations of NAI 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 Land Lease. Without limiting the foregoing, NAI waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI may now or hereafter be entitled by law (including any such rights arising because of any “implied "warranty of suitability” " or other warranties implied as a matter of lawwarranty under Applicable Laws) (i) to quit, terminate or surrender this Land Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B4(b) will shall be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s BNPLC's failure to remove a Lien Removable by BNPPLC BNPLC or because of any other default by BNPPLC BNPLC under this Lease: (i) the recovery of monetary damages in the case of any default Land Lease that continues beyond the period for cure provided in Xxxxxxxxx 00Paragraph 19: (i) the recovery of monetary damages, (xxii) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC BNPLC of any of the express covenants, agreements, conditions or provisions of this Land Lease which are binding upon BNPPLC BNPLC (including the confidentiality provisions set forth in subparagraph 22(B16(c) below), or (iii) a decree compelling performance by BNPPLC BNPLC of any of the express covenants, agreements, conditions or provisions of this Land Lease which are binding upon BNPPLCBNPLC.

No Termination. Except as expressly otherwise specifically provided in this Lease itself-------------- Lease, and except for loss of the Franchise Agreement solely by reason of any action or inaction by Lessor, Lessee, to the extent permitted by law, shall remain bound by this Lease will not terminatein accordance with its terms and shall neither take any action without the written consent of Lessor to modify, surrender or terminate the same, nor will NAI have any right to terminate this Lease, seek nor will NAI be entitled to any abatement abatement, deduction, deferment or reduction of the Rent, or setoff against the Rent, nor will shall the obligations of NAI under this Lease Lessee be excused, for any otherwise affected by reason whatsoever, including any of the following: (ia) any damage to to, or the destruction of all or of, any part of the Property from whatever cause, (ii) the taking of the Leased Property or any portion thereof by eminent domain from whatever cause or otherwise for any reason, (iii) Taking of the prohibition, limitation or restriction of NAI’s use or development of all Leased Property or any portion thereof, (b) the lawful or unlawful prohibition of, or restriction upon, Lessee's use of the Property Leased Property, or any portion thereof, or the interference with such use by governmental action any Person, corporation, partnership or otherwiseother entity, (ivc) any eviction claim which Lessee has or might have against Lessor by reason of NAI or of anyone claiming through or under NAI, (v) any default on the part or breach of BNPPLC any warranty by Lessor under this Lease or any of the other Operative Documents or any other agreement between Lessor and Lessee, or to which BNPPLC Lessor and NAI Lessee are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property included in the Property (it being understood that BNPPLC has not made, does not make and will not make any representation express or implied as to the adequacy thereof), (viid) any latent bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other defect in the Property proceedings affecting Lessor or any change in the condition thereof assignee or the existence with respect to the Property transferee of any violations of Applicable Laws, (viii) NAI’s ownership of any interest in the PropertyLessor, or (ixe) for any other cause, cause whether similar or dissimilar to any of the foregoingforegoing other than a discharge of Lessee from any such obligations as a matter of law. Lessee hereby specifically waives all rights, arising from any existing occurrence whatsoever, which may now or future hereafter be conferred upon it by law to (1) modify, surrender or terminate this Lease or quit or surrender the contrary notwithstanding. It is the intention Leased Property or any portion thereof, or (2) entitle Lessee to any abatement, reduction, suspension or deferment of the parties hereto that the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. The obligations of NAI Lessee hereunder shall be separate and independent of the covenants and agreements of BNPPLC, that Base and the Rent and all other sums payable by NAI Lessee hereunder shall continue to be payable in all events and that unless the obligations of NAI hereunder continue unaffected, unless the requirement to pay or perform the same have been shall be terminated or limited pursuant to an express provision of this Lease. Without limiting the foregoing, NAI waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied as a matter of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions termination of this Lease which are binding upon BNPPLCother than by reason of an Event of Default.

No Termination. Except as expressly provided in this Buildings 1&2 -------------- Lease itself, this Buildings 1&2 Lease will shall not terminate, nor will NAI shall Zhone have any right to terminate this Buildings 1&2 Lease, nor will NAI shall Zhone be entitled to any abatement of or setoff against the Rent, nor will shall the obligations of NAI Zhone under this Buildings 1&2 Lease be excused, for any reason whatsoever, including any of the following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAI’s Zhone's use or development of all or any portion of the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of NAI Zhone or of anyone claiming through or under NAIZhone, (v) any default on the part of BNPPLC BNPLC under this Buildings 1&2 Lease or any of the other Operative Documents or under any other agreement to which BNPPLC BNPLC and NAI Zhone are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property tangible personal property included in the Property (it being understood that BNPPLC BNPLC has not 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) NAI’s ownership any breach by Seller of any interest the Acquisition Contract or other agreements or promises or representations made in connection with the PropertyAcquisition Contract, or (ix) any other cause, 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 NAI Zhone hereunder shall be separate and independent of the covenants and agreements of BNPPLCBNPLC, that Base Rent and all other sums payable by NAI Zhone hereunder shall continue to be payable in all events and that the obligations of NAI Zhone 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 Buildings 1&2 Lease. Without limiting the foregoing, NAI Zhone waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI Zhone may now or hereafter be entitled by law (including any such rights arising because of any “implied "warranty of suitability” " or other warranties implied as a matter of lawwarranty under Applicable Laws) (i) to quit, terminate or surrender this Buildings 1&2 Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B4.(b) will shall be construed as a waiver by NAI Zhone of any right NAI Zhone may have at law or in equity to the following remedies, whether because of BNPPLC’s BNPLC's failure to remove a Lien Removable by BNPPLC BNPLC or because of any other default by BNPPLC BNPLC under this Lease: (i) the recovery of monetary damages in the case of any default Buildings 1&2 Lease that continues beyond the period for cure provided in Xxxxxxxxx 00Paragraph 19: (i) the recovery of monetary damages, (xxii) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC BNPLC of any of the express covenants, agreements, conditions or provisions of this Buildings 1&2 Lease which are binding upon BNPPLC BNPLC (including the confidentiality provisions set forth in subparagraph 22(B16.(c) below), or (iii) a decree compelling performance by BNPPLC BNPLC of any of the express covenants, agreements, conditions or provisions of this Buildings 1&2 Lease which are binding upon BNPPLCBNPLC.

No Termination. Except as expressly provided in this Lease itself, this Lease will not terminate, nor will NAI ChoicePoint have any right to terminate this Lease, nor will NAI ChoicePoint be entitled to any abatement of or setoff against the Rent, nor will the obligations of NAI ChoicePoint under this Lease be excused, for any reason whatsoever, including any of the following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAIChoicePoint’s use or development of all or any portion of the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of NAI ChoicePoint or of anyone claiming through or under NAIChoicePoint, (v) any default on the part of BNPPLC under this Lease or any of the other Operative Documents or any other agreement to which BNPPLC and NAI ChoicePoint are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property tangible personal property included in the Property (it being understood that BNPPLC has not 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) NAIChoicePoint’s ownership of any interest in the Property, (ix) BNPPLC’s exercise of any Underlying Purchase Options, or (ixx) 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 NAI ChoicePoint hereunder be separate and independent of the covenants and agreements of BNPPLC, that Base Rent and all other sums payable by NAI ChoicePoint hereunder continue to be payable in all events and that the obligations of NAI ChoicePoint hereunder continue unaffected, unless the requirement to pay or perform the same have been terminated or limited pursuant to an express provision of this Lease. Without limiting the foregoing, NAI ChoicePoint waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI ChoicePoint may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied as a matter of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC.

No Termination. Except as expressly provided in this Lease itself, this Lease will Lease Agreement (Fremont/Building #2) — Page 7 not terminate, nor will NAI LRC have any right to terminate this Lease, nor will NAI LRC be entitled to any abatement of or setoff against the Rent, nor will the obligations of NAI LRC under this Lease be excused, for any reason whatsoever, including any of the following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAILRC’s use or development of all or any portion of the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of NAI LRC or of anyone claiming through or under NAILRC, (v) any default or breach on the part of BNPPLC under this Lease or any of the other Operative Documents or any other agreement to which BNPPLC and NAI LRC are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property tangible personal property included in the Property (it being understood that BNPPLC has not 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) NAILRC’s ownership of any interest in the Property, or (ix) 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 NAI LRC hereunder be separate and independent of the covenants and agreements of BNPPLC, that Base Rent and all other sums payable by NAI LRC hereunder continue to be payable in all events and that the obligations of NAI LRC hereunder continue unaffected, unless the requirement to pay or perform the same have been terminated or limited pursuant to an express provision of this Lease. Without limiting the foregoing, NAI LRC waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI LRC may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied as a matter of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC.

No Termination. Except as expressly provided in this Improvements Lease itself, this Improvements Lease will shall not terminate, nor will shall NAI have any right to terminate this Improvements Lease, nor will shall NAI be entitled to any abatement of or setoff against the Rent, nor will shall the obligations of NAI under this Improvements Lease be excused, for any reason whatsoever, including any of the following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAI’s 's use or development of all or any portion of the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of NAI or of anyone claiming through or under NAI, (v) any default on the part of BNPPLC BNPLC under this Improvements Lease or any of the other Operative Documents or under any other agreement to which BNPPLC BNPLC and NAI are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property tangible personal property included in the Property (it being understood that BNPPLC BNPLC has not 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 (viii) NAI’s ownership of any interest in the Property, or (ix) any other cause, 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 NAI hereunder shall be separate and independent of the covenants and agreements of BNPPLCBNPLC, that Base Rent and all other sums payable by NAI hereunder shall continue to be payable in all events and that the obligations of NAI 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 Improvements Lease. Without limiting the foregoing, NAI waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI may now or hereafter be entitled by law (including any such rights arising because of any “implied "warranty of suitability” " or other warranties implied as a matter of lawwarranty under Applicable Laws) (i) to quit, terminate or surrender this Improvements Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B4.(b) will shall be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s BNPLC's failure to remove a Lien Removable by BNPPLC BNPLC or because of any other default by BNPPLC BNPLC under this Lease: (i) the recovery of monetary damages in the case of any default Improvements Lease that continues beyond the period for cure provided in Xxxxxxxxx 00Paragraph 19: (i) the recovery of monetary damages, (xxii) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC BNPLC of any of the express covenants, agreements, conditions or provisions of this Improvements Lease which are binding upon BNPPLC BNPLC (including the confidentiality provisions set forth in subparagraph 22(B16.(c) below), or (iii) a decree compelling performance by BNPPLC BNPLC of any of the express covenants, agreements, conditions or provisions of this Improvements Lease which are binding upon BNPPLCBNPLC.

No Termination. Except as expressly provided in this Improvements Lease itself, this Improvements Lease will shall not terminate, nor will shall NAI have any right to terminate this Improvements Lease, nor will shall NAI be entitled to any abatement of or setoff against the Rent, nor will shall the obligations of NAI under this Improvements Lease be excused, for any reason whatsoever, including any of the following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAI’s 's use or development of all or any portion of the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of NAI or of anyone claiming through or under NAI, (v) any default on the part of BNPPLC BNPLC under this Improvements Lease or any of the other Operative Documents or under any other agreement to which BNPPLC BNPLC and NAI are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property tangible personal property included in the Property (it being understood that BNPPLC BNPLC has not 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) NAI’s ownership any breach of any interest in the Property, Premises Lease by the lessee thereunder or (ix) any other cause, 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 NAI hereunder shall be separate and independent of the covenants and agreements of BNPPLCBNPLC, that Base Rent and all other sums payable by NAI hereunder shall continue to be payable in all events and that the obligations of NAI 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 Improvements Lease. Without limiting the foregoing, NAI waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied as a matter of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC.all

No Termination. Abatement, EtcNo Termination, Abatement, Etc.. Except --------------------------------------------------------------- as otherwise specifically provided in this Lease, Tenant shall remain bound by this Lease in accordance with its terms. Tenant shall not, without the consent of Landlord, modify, surrender or terminate the Lease, nor seek nor be entitled to any abatement, deduction, deferment or reduction of Rent, or setoff or recoupment against the Rent. Except as expressly provided in this Lease itself, this Lease will not terminate, nor will NAI have any right to terminate this Lease, nor will NAI be entitled to any abatement of or setoff against the Rent, nor will the obligations of NAI under this Lease Landlord and Tenant shall not be excused, for any affected by reason whatsoever, including any of the following: ([i) ] any damage to to, or destruction of, the destruction of all Leased Property or any part thereof from whatever cause or any Taking (as hereinafter defined) of the Property from whatever cause, (ii) the taking of the Leased Property or any portion thereof by eminent domain part thereof; [ii] the lawful or otherwise for any reasonunlawful prohibition of, (iii) the prohibition, limitation or restriction upon, Tenant's use of NAI’s use or development of all the Leased Property, or any portion of part thereof, the Property or any interference with such use by governmental action any person, corporation, partnership or otherwiseother entity, (iv) or by reason of eviction by paramount title; [iii] any eviction claim which Tenant has or might have against Landlord or by reason of NAI or of anyone claiming through or under NAI, (v) any default on the part or breach of BNPPLC any warranty by Landlord under this Lease or any of the other Operative Documents agreement between Landlord and Tenant, or to which Landlord and Tenant are parties; [iv] any bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other proceeding affecting Landlord or any other agreement to which BNPPLC and NAI are parties, (vi) the inadequacy in any way whatsoever assignee or transferee of the design, construction, assembly Landlord; or installation of any improvements, fixtures or Tangible Personal Property included in the Property (it being understood that BNPPLC has not 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) NAI’s ownership of any interest in the Property, or (ix) [v] any other cause, whether similar or dissimilar to any of the foregoing, other than a discharge of Tenant from any existing such obligations as a matter of law. Except as otherwise specifically provided in this Lease, Tenant hereby specifically waives all rights, arising from any occurrence whatsoever, which may now or future hereafter be conferred upon it by law [a] to modify, surrender or terminate this Lease or quit or surrender the contrary notwithstanding. It is the intention Leased Property or any portion thereof; or [b] entitling Tenant to any abatement, reduction, suspension or deferment of the parties hereto that the Rent or other sums payable by Tenant hereunder. The obligations of NAI Landlord and Tenant hereunder shall be separate and independent of the covenants and agreements of BNPPLC, that Base and the Rent and all other sums payable by NAI Tenant hereunder shall continue to be payable in all events and that unless the obligations of NAI hereunder continue unaffected, unless the requirement to pay or perform the same have been shall be terminated or limited pursuant to an express provision of this Lease. Without limiting the foregoing, NAI waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied as a matter of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions termination of this Lease other than by reason of an Event of Default. Nothing in this 2.5 shall be construed to limit any right which are binding upon BNPPLC.Tenant may have to bring a separate action against Landlord for any claim which Tenant may have or allege to have against Landlord. 2.6

No Termination. Except as expressly provided in this Improvements Lease itself, this Improvements Lease will shall not terminate, nor will shall NAI have any right to terminate this Improvements Lease, nor will shall NAI be entitled to any abatement of or setoff against the Rent, nor will shall the obligations of NAI under this Improvements Lease be excused, for any reason whatsoever, including any of the following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAI’s 's use or development of all or any portion of the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of NAI or of anyone claiming through or under NAI, (v) any default on the part of BNPPLC BNPLC under this Improvements Lease or any of the other Operative Documents or under any other agreement to which BNPPLC BNPLC and NAI are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property tangible personal property included in the Property (it being understood that BNPPLC BNPLC has not 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) NAI’s ownership any breach of any interest in the Property, Premises Lease by the lessee thereunder or (ix) any other cause, 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 NAI hereunder shall be separate and independent of the covenants and agreements of BNPPLCBNPLC, that Base Rent and all other sums payable by NAI hereunder shall continue to be payable in all events and that the obligations of NAI 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 Improvements Lease. Without limiting the foregoing, NAI waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI may now or hereafter be entitled by law (including any such rights arising because of any “implied "warranty of suitability” " or other warranties implied as a matter of lawwarranty under Applicable Laws) (i) to quit, terminate or surrender this Improvements Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B4(b) will shall be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s BNPLC's failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC.to

No Termination. Except as expressly provided in this Building 3 -------------- Lease itself, this Building 3 Lease will shall not terminate, nor will NAI shall Zhone have any right to terminate this Building 3 Lease, nor will NAI shall Zhone be entitled to any abatement of or setoff against the Rent, nor will shall the obligations of NAI Zhone under this Building 3 Lease be excused, for any reason whatsoever, including any of the following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAI’s Zhone's use or development of all or any portion of the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of NAI Zhone or of anyone claiming through or under NAIZhone, (v) any default on the part of BNPPLC BNPLC under this Building 3 Lease or any of the other Operative Documents or under any other agreement to which BNPPLC BNPLC and NAI Zhone are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property tangible personal property included in the Property (it being understood that BNPPLC BNPLC has not 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) NAI’s ownership any breach by Seller of any interest the Acquisition Contract or other agreements or promises or representations made in connection with the PropertyAcquisition Contract, or (ix) any other cause, 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 NAI Zhone hereunder shall be separate and independent of the covenants and agreements of BNPPLCBNPLC, that Base Rent and all other sums payable by NAI Zhone hereunder shall continue to be payable in all events and that the obligations of NAI Zhone 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 Building 3 Lease. Without limiting the foregoing, NAI Zhone waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI Zhone may now or hereafter be entitled by law (including any such rights arising because of any “implied "warranty of suitability” " or other warranties implied as a matter of lawwarranty under Applicable Laws) (i) to quit, terminate or surrender this Building 3 Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B4.(b) will shall be construed as a waiver by NAI Zhone of any right NAI Zhone may have at law or in equity to the following remedies, whether because of BNPPLC’s BNPLC's failure to remove a Lien Removable by BNPPLC BNPLC or because of any other default by BNPPLC BNPLC under this Lease: (i) the recovery of monetary damages in the case of any default Building 3 Lease that continues beyond the period for cure provided in Xxxxxxxxx 00Paragraph 19: (i) the recovery of monetary damages, (xxii) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC BNPLC of any of the express covenants, agreements, conditions or provisions of this Building 3 Lease which are binding upon BNPPLC BNPLC (including the confidentiality provisions set forth in subparagraph 22(B16.(c) below), or (iii) a decree compelling performance by BNPPLC BNPLC of any of the express covenants, agreements, conditions or provisions of this Building 3 Lease which are binding upon BNPPLCBNPLC.

No Termination. Except as expressly provided in this Lease itselfLease, Lessee shall remain bound by this Lease will not terminatein accordance with its terms and shall neither take any action without the consent of Lessor to modify, surrender or terminate the same, nor will NAI have any right to terminate this Lease, seek nor will NAI be entitled to any abatement abatement, deduction, deferment or reduction of Rent, or setoff set-off against the Rent, nor will shall the respective obligations of NAI under this Lease Lessor, Lessee or Guarantor be excusedotherwise affected, for any by reason whatsoever, including any of the following: (ia) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Leased Property or any portion thereof by eminent domain from whatever cause, or otherwise for any reason, (iii) Taking of the prohibition, limitation or restriction of NAI’s use or development of all Leased Property or any portion thereof, (b) the lawful or unlawful prohibition of or restriction upon Lessee's use of the Leased Property or any portion thereof, or the interference with such use by governmental action any person, corporation, partnership or otherwiseother entity, or by reason of eviction by paramount title, (ivc) any eviction claim which Lessee has or might have against Lessor or by reason of NAI or of anyone claiming through or under NAI, (v) any default on the part or breach of BNPPLC any warranty by Lessor under this Lease or any of the other Operative Documents or any other agreement between Lessor and Lessee or to which BNPPLC Lessor and NAI Lessee are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property included in the Property (it being understood that BNPPLC has not made, does not make and will not make any representation express or implied as to the adequacy thereof), (viid) any latent bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other defect in the Property proceedings affecting Lessor or any change in the condition thereof assignee or the existence with respect to the Property transferee of any violations of Applicable Laws, (viii) NAI’s ownership of any interest in the PropertyLessor, or (ixe) for any other causecause whatsoever, whether similar or dissimilar to any of the foregoing, . Lessee hereby specifically waives all rights arising from any existing occurrence whatsoever which may now or future hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the contrary notwithstanding. It is the intention Leased Property or any portion thereof, or (ii) entitle Lessee to any abatement, reduction, suspension or deferment of the parties hereto that the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. The obligations of NAI Lessor and Lessee hereunder shall be separate and independent of the covenants and agreements of BNPPLC, that Base and the Rent and all other sums payable by NAI Lessee hereunder shall continue to be payable in all events and that unless the obligations of NAI hereunder continue unaffected, unless the requirement to pay or perform the same have been shall be terminated or limited pursuant to an the express provision provisions of this Lease. Without limiting Notwithstanding the foregoing, NAI waives Lessee shall have the right by separate and independent action to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI pursue any claim or seek any damages it may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied have against Lessor as a matter result of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction a breach by Lessor of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI terms of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC.

No Termination. Except as expressly provided in this Improvements Lease itself, this Improvements Lease will shall not terminate, nor will shall NAI have any right to terminate this Improvements Lease, nor will shall NAI be entitled to any abatement of or setoff against the Rent, nor will shall the obligations of NAI under this Improvements Lease be excused, for any reason whatsoever, including any of the following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAI’s 's use or development of all or any portion of the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of NAI or of anyone claiming through or under NAI, (v) any default on the part of BNPPLC BNPLC under this Improvements Lease or any of the other Operative Documents or under any other agreement to which BNPPLC BNPLC and NAI are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property tangible personal property included in the Property (it being understood that BNPPLC BNPLC has not 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 (viii) NAI’s ownership of any interest in the Property, or (ix) any other cause, 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 NAI hereunder shall be separate and independent of the covenants and agreements of BNPPLCBNPLC, that Base Rent and all other sums payable by NAI hereunder shall continue to be payable in all events and that the obligations of NAI 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 Improvements Lease. Without limiting the foregoing, NAI waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI may now or hereafter be entitled by law (including any such rights arising because of any “implied" warranty of suitability” " or other warranties implied as a matter of lawwarranty under Applicable Laws) (i) to quit, terminate or surrender this Improvements Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B4.(b) will shall be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s BNPLC's failure to remove a Lien Removable by BNPPLC BNPLC or because of any other default by BNPPLC BNPLC under this Lease: (i) the recovery of monetary damages in the case of any default Improvements Lease that continues beyond the period for cure provided in Xxxxxxxxx 00Paragraph 19: (i) the recovery of monetary damages, (xxii) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC BNPLC of any of the express covenants, agreements, conditions or provisions of this Improvements Lease which are binding upon BNPPLC BNPLC (including the confidentiality provisions set forth in subparagraph 22(B16.(c) below), or (iii) a decree compelling performance by BNPPLC BNPLC of any of the express covenants, agreements, conditions or provisions of this Improvements Lease which are binding upon BNPPLCBNPLC.

No Termination. Except as expressly provided in this Lease itself, this Lease will shall not terminate, nor will NAI shall Xxxx have any right to terminate this Lease, nor will NAI shall Xxxx be entitled to any abatement of or setoff against the Rent, nor will shall the obligations of NAI Xxxx under this Lease be excused, for any reason whatsoever, including any of the following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAI’s Xxxx'x use or development of all or any portion of the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of NAI Xxxx or of anyone claiming through or under NAIXxxx, (v) any default on the part of BNPPLC under this Lease or any of the other Operative Documents or under any other agreement to which BNPPLC and NAI Xxxx are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property tangible personal property included in the Property (it being understood that BNPPLC has not 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) NAI’s ownership any breach by Seller of any interest the Acquisition Contract or other agreements or promises or representations made in connection with the PropertyAcquisition Contract, or (ix) any other cause, 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 NAI Xxxx hereunder shall be separate and independent of the covenants and agreements of BNPPLC, that Base Rent and all other sums payable by NAI Xxxx hereunder shall continue to be payable in all events and that the obligations of NAI Xxxx 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. Without limiting the foregoing, NAI Xxxx waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI Xxxx may now or hereafter be entitled by law (including any such rights arising because of any “implied "warranty of suitability” " or other warranties implied as a matter of lawwarranty under Applicable Laws) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B) will shall be construed as a waiver by NAI Xxxx of any right NAI Xxxx may have at law or in equity to the following remedies, whether because of BNPPLC’s 's failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default Lease that continues beyond the period for cure provided in Xxxxxxxxx 00Paragraph: (i) the recovery of monetary damages, (xxii) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC.

No Termination. Except as expressly provided in this Lease itself, this Lease will not terminate, nor will NAI ChoicePoint have any right to terminate this Lease, nor will NAI ChoicePoint be entitled to any abatement of or setoff against the Rent, nor will the obligations of NAI ChoicePoint under this Lease be excused, for any reason whatsoever, including any of the following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAIChoicePoint’s use or development of all or any portion of the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of NAI ChoicePoint or of anyone claiming through or under NAIChoicePoint, (v) any default on the part of BNPPLC under this Lease or any of the other Operative Documents or any other agreement to which BNPPLC and NAI ChoicePoint are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property tangible personal property included in the Property (it being understood that BNPPLC has not 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) NAIChoicePoint’s ownership of any interest in the Property, or (ix) 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 NAI ChoicePoint hereunder be separate and independent of the covenants and agreements of BNPPLC, that Base Rent and all other sums payable by NAI ChoicePoint hereunder continue to be payable in all events and that the obligations of NAI ChoicePoint hereunder continue unaffected, unless the requirement to pay or perform the same have been terminated or limited pursuant to an express provision of this Lease. Without limiting the foregoing, NAI ChoicePoint waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI ChoicePoint may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied as a matter of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC.

No Termination. Except as expressly provided in this Improvements Lease itself, this Improvements Lease will shall not terminate, nor will shall NAI have any right to terminate this Improvements Lease, nor will shall NAI be entitled to any abatement of or setoff against the Rent, nor will shall the obligations of NAI under this Improvements Lease be excused, for any reason whatsoever, including any of the following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAI’s 's use or development of all or any portion of the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of NAI or of anyone claiming through or under NAI, (v) any default on the part of BNPPLC BNPLC under this Improvements Lease or any of the other Operative Documents or under any other agreement to which BNPPLC BNPLC and NAI are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property tangible personal property included in the Property (it being understood that BNPPLC BNPLC has not 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) NAI’s ownership any breach of the Existing Space Leases by any interest in of the Propertylessees thereunder, or (ix) any other cause, 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 NAI hereunder shall be separate and independent of the covenants and agreements of BNPPLCBNPLC, that Base Rent and all other sums payable by NAI hereunder shall continue to be payable in all events and that the obligations of NAI 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 Improvements Lease. Without limiting the foregoing, NAI waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI may now or hereafter be entitled by law (including any such rights arising because of any “implied "warranty of suitability” " or other warranties implied as a matter of lawwarranty under Applicable Laws) (i) to quit, terminate or surrender this Improvements Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B4.(b) will shall be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s BNPLC's failure to remove a Lien Removable by BNPPLC BNPLC or because of any other default by BNPPLC BNPLC under this Lease: (i) the recovery of monetary damages in the case of any default Improvements Lease that continues beyond the period for cure provided in Xxxxxxxxx 00Paragraph 19: (i) the recovery of monetary damages, (xxii) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC BNPLC of any of the express covenants, agreements, conditions or provisions of this Improvements Lease which are binding upon BNPPLC BNPLC (including the confidentiality provisions set forth in subparagraph 22(B16.(c) below), or (iii) a decree compelling performance by BNPPLC BNPLC of any of the express covenants, agreements, conditions or provisions of this Improvements Lease which are binding upon BNPPLCBNPLC.

No Termination. Except as expressly provided in this Lease itself, this Lease will not terminate, nor will NAI have any right to terminate this Lease, nor will NAI be entitled to any abatement of or setoff against the Rent, nor will the obligations of NAI under this Lease be excused, for any reason whatsoever, including any of the following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAI’s use or development of all or any portion of the Property or any interference with such use by governmental action or otherwise, (iv) any eviction of NAI or of anyone claiming through or under NAI, (v) any default on the part of BNPPLC under this Lease or any of the other Operative Documents or any other agreement to which BNPPLC and NAI are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property tangible personal property included in the Property (it being understood that BNPPLC has not 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) NAI’s ownership of any interest in the Property, or (ix) 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 NAI hereunder be separate and independent of the covenants and agreements of BNPPLC, that Base Rent and all other sums payable by NAI hereunder continue to be payable in all events and that the obligations of NAI hereunder continue unaffected, unless the requirement to pay or perform the same have been terminated or limited pursuant to an express provision of this Lease. Without limiting the foregoing, NAI waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied as a matter of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx Pxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) ), 32, 32 below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC.

No Termination. Except as expressly provided in this Lease itself, this Lease will shall not terminate, nor will shall NAI have any right to terminate this Lease, nor will shall NAI be entitled to any abatement of or setoff against the Rent, nor will shall the obligations of NAI under this Lease be excused, for any reason whatsoever, including any of the following: (i) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Property or any portion thereof by eminent domain or otherwise for any reason, (iii) the prohibition, limitation or restriction of NAI’s 's use or development of all or any portion of the Property or any interference with 15 such use by governmental action or otherwise, (iv) any eviction of NAI or of anyone claiming through or under NAI, (v) any default on the part of BNPPLC BNPLC under this Lease or any of the other Operative Documents or under any other agreement to which BNPPLC BNPLC and NAI are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property tangible personal property included in the Property (it being understood that BNPPLC BNPLC has not 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, Laws or (viii) NAI’s ownership of any interest in the Property, or (ix) any other cause, 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 NAI hereunder shall be separate and independent of the covenants and agreements of BNPPLCBNPLC, that Base Rent and all other sums payable by NAI hereunder shall continue to be payable in all events and that the obligations of NAI 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. Without limiting the foregoing, NAI waives to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI may now or hereafter be entitled by law (including any such rights arising because of any “implied "warranty of suitability” " or other warranties implied as a matter of lawwarranty under Applicable Laws) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction of the Rent. However, nothing in this subparagraph 4(B4.(b) will shall be construed as a waiver by NAI of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s BNPLC's failure to remove a Lien Removable by BNPPLC BNPLC or because of any other default by BNPPLC BNPLC under this Lease: (i) the recovery of monetary damages in the case of any default Lease that continues beyond the period for cure provided in Xxxxxxxxx 00Paragraph 19: (i) the recovery of monetary damages, (xxii) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC BNPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC BNPLC (including the confidentiality provisions set forth in subparagraph 22(B16.(c) below), or (iii) a decree compelling performance by BNPPLC BNPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLCBNPLC.

No Termination. Except as expressly provided in this Lease itselfLease, Lessee shall remain bound by this Lease will not terminatein accordance with its terms and shall neither take any action without the consent of Lessor to modify, surrender or terminate the same, nor will NAI have any right to terminate this Lease, seek nor will NAI be entitled to any abatement abatement, deduction, deferment or reduction of Rent, or setoff set-off against the Rent, nor will shall the respective obligations of NAI under this Lease Lessor, Lessee or any Guarantor be excusedotherwise affected, for any by reason whatsoever, including any of the following: (ia) any damage to or the destruction of all or any part of the Property from whatever cause, (ii) the taking of the Leased Property or any portion thereof by eminent domain from whatever cause, or otherwise for any reason, (iii) Taking of the prohibition, limitation or restriction of NAI’s use or development of all Leased Property or any portion thereof, (b) the lawful or unlawful prohibition of or restriction upon Lessee's use of the Leased Property or any portion thereof, or the interference with such use by governmental action any person, corporation, partnership or otherwiseother entity, or by reason of eviction by paramount title, (ivc) any eviction claim which Lessee has or might have against Lessor or by reason of NAI or of anyone claiming through or under NAI, (v) any default on the part or breach of BNPPLC any warranty by Lessor under this Lease or any of the other Operative Documents or any other agreement between Lessor and Lessee or to which BNPPLC Lessor and NAI Lessee are parties, (vi) the inadequacy in any way whatsoever of the design, construction, assembly or installation of any improvements, fixtures or Tangible Personal Property included in the Property (it being understood that BNPPLC has not made, does not make and will not make any representation express or implied as to the adequacy thereof), (viid) any latent bankruptcy, insolvency, reorganization, composition, readjustment, liquidation, dissolution, winding up or other defect in the Property proceedings affecting Lessor or any change in the condition thereof assignee or the existence with respect to the Property transferee of any violations of Applicable Laws, (viii) NAI’s ownership of any interest in the PropertyLessor, or (ixe) for any other causecause whatsoever, whether similar or dissimilar to any of the foregoing, . Lessee hereby specifically waives all rights arising from any existing occurrence whatsoever which may now or future hereafter be conferred upon it by law to (i) modify, surrender or terminate this Lease or quit or surrender the contrary notwithstanding. It is the intention Leased Property or any portion thereof, or (ii) entitle Lessee to any abatement, reduction, suspension or deferment of the parties hereto that the Rent or other sums payable by Lessee hereunder, except as otherwise specifically provided in this Lease. The obligations of NAI Lessor and Lessee hereunder shall be separate and independent of the covenants and agreements of BNPPLC, that Base and the Rent and all other sums payable by NAI Lessee hereunder shall continue to be payable in all events and that unless the obligations of NAI hereunder continue unaffected, unless the requirement to pay or perform the same have been shall be terminated or limited pursuant to an the express provision provisions of this Lease. Without limiting Notwithstanding the foregoing, NAI waives Lessee shall have the right by separate and independent action to the extent permitted by Applicable Laws, except as otherwise expressly provided herein, all rights to which NAI pursue any claim or seek any damages it may now or hereafter be entitled by law (including any such rights arising because of any “warranty of suitability” or other warranties implied have against Lessor as a matter result of law) (i) to quit, terminate or surrender this Lease or the Property or any part thereof or (ii) to any abatement, suspension, deferment or reduction a breach by Lessor of the Rent. However, nothing in this subparagraph 4(B) will be construed as a waiver by NAI terms of any right NAI may have at law or in equity to the following remedies, whether because of BNPPLC’s failure to remove a Lien Removable by BNPPLC or because of any other default by BNPPLC under this Lease: (i) the recovery of monetary damages in the case of any default that continues beyond the period for cure provided in Xxxxxxxxx 00, (xx) injunctive relief in case of the violation, or attempted or threatened violation, by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC (including the confidentiality provisions set forth in subparagraph 22(B) below), or (iii) a decree compelling performance by BNPPLC of any of the express covenants, agreements, conditions or provisions of this Lease which are binding upon BNPPLC.