Common use of Prior Note Clause in Contracts

Prior Note. The Promissory Note from ASPEC Technology, Inc. to Lender dated April 20, 1995. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive any applicable statute of limitations, presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, wether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. BORROWER: ASPEC TECHNOLOGY, INC. By: \c\ Jai ▇. ▇▇▇▇ --------------------------------------- JAI ▇. ▇▇▇▇, ▇▇IEF FINANCIAL OFFICER DISBURSEMENT REQUEST AND AUTHORIZATION Principal Loan Date Maturity Loan No. Cal Collateral Account Officer Initials $1,000,000.00 07/18/96 07/01/97 14135 CL. 05 5007 102584 LO155 References in the shaded area are for Lender's use only and do not limit the applicability of this document to any loan or item. BORROWER: ASPEC TECHNOLOGY, INC. LENDER: Commercial Bank of Fremont 830 ▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇ 3951▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Frem▇▇▇, ▇▇ ▇▇▇▇▇ ================================================================================ LOAN TYPE. This is a Variable Rate (0.500% over Wall Street Journal Prime--Highest Tiered Rate, making an initial rate of 8.750%), Revolving Line of Credit Loan to a Corporation for $1,000,000.00 due on July 1, 1997. This is a secured renewal of the following described indebtedness: The Promissory Note from ASPEC Technology, Inc. to Lender dated April 20, 1995. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: [ ] Personal, Family, or Household Purposes or Personal Investment. [x] Business (including Real Estate Investment).

Prior Note. The Promissory Note from ASPEC TechnologyTHE PROMISSORY NOTE FROM 1-800 LENS-NOW, Inc. to Lender dated April 20INC. DBA 1-800 CONTACTS, 1995INC. TO LENDER DATED OCTOBER 1, 1997 IN THE ORIGINAL PRINCIPAL AMOUNT OF $1,000,000.00. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive any applicable statute of limitations, presentment, demand for payment, protest and notice of dishonor. Upon any change in In the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, wether whether as maker, guarantor, accommodation maker or endorser, shall be released from liabilitylability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impairImpair, fail to realize upon or perfect Lender's security interest in Interest In the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. BORROWER: ASPEC TECHNOLOGYI-800 CONTACTS, INC. By: \c\ Jai /s/ Jona▇▇▇▇ ▇. ▇▇▇▇ --------------------------------------- JAI By: /s/ John ▇. ▇▇▇▇▇▇▇ -------------------------------- ------------------------------ JONA▇▇▇▇ ▇. ▇▇▇▇, ▇▇IEF FINANCIAL OFFICER DISBURSEMENT REQUEST AND AUTHORIZATION Principal Loan Date Maturity Loan No. Cal Collateral Account Officer Initials $1,000,000.00 07/18/96 07/01/97 14135 CL. 05 5007 102584 LO155 References in the shaded area are for Lender's use only and do not limit the applicability of this document to any loan or item. BORROWER: ASPEC TECHNOLOGY, INC. LENDER: Commercial Bank of Fremont 830 ▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇ 3951▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇ESIDENT JOHN ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Frem▇▇▇, ▇▇ ▇▇▇▇▇ CE PRESIDENT ================================================================================ LOAN TYPE. This is a Variable Rate (0.500% over Wall Street Journal Prime--Highest Tiered Rate, making an initial rate of 8.750%), Revolving Line of Credit Loan to a Corporation for $1,000,000.00 due on July 1, 1997. This is a secured renewal of the following described indebtedness: The Promissory Note from ASPEC Technology, Inc. to Lender dated April 20, 1995. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: [ ] Personal, Family, or Household Purposes or Personal Investment. [x] Business (including Real Estate Investment).16

Prior Note. The This Note is given in renewal and extension and not in novation of the following described indebtedness: That certain Promissory Note from ASPEC Technologydated June 16, Inc. 2000, in the amount of $500,000.00 executed by Borrower payable to Lender dated April 20Lender. It is further agreed that all liens and security interest securing said indebtedness are hereby renewed and extended to secure the Note and all renewals, 1995extensions and modifications thereof. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its the rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses endorse this Note, to the extent allowed by law, waive any applicable statute of limitations, presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, wether whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's Len▇▇▇'▇ security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may Len▇▇▇ ▇▇y modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. PRIOR TO SIGNING THIS NOTE, BORROWER READ BOR▇▇▇▇▇ ▇▇AD AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTENOTICE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES BOR▇▇▇▇▇ ▇▇REES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. BORROWER: ASPEC TECHNOLOGYCALIFORNIA BEACH RESTAURANTS, INC. By: \c\ Jai /s/ ALA▇ ▇. ▇▇▇▇▇▇ --------------------------------------- JAI -------------------------------------------- ALA▇ ▇. ▇▇▇▇▇▇, ▇▇IEF FINANCIAL RESIDENT LENDER: U.S. BANK NATIONAL ASSOCIATION By: /s/ [Signature Illegible] -------------------------------------------- AUTHORIZED OFFICER =============================================================================== 10 [USBANK LOGO] DISBURSEMENT REQUEST AND AUTHORIZATION ---------------------------------------------------------------------------------------------------------- Principal Loan Date Maturity Loan No. Cal Call Collateral Account Officer Initials $1,000,000.00 07/18/96 07/01/97 14135 CL. 05 5007 102584 LO155 500,000.00 06-22-2001 09-15-2002 2789-34 070 1705522447 R-B83 /s/[ILLEGIBLE} ---------------------------------------------------------------------------------------------------------- References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. ---------------------------------------------------------------------------------------------------------- BORROWER: ASPEC TECHNOLOGYCALIFORNIA BEACH RESTAURANTS, INC. LENDER: Commercial Bank of Fremont 830 U.S. BANK NATIONAL ASSOCIATION 173▇. ▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ 3951▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Frem▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ========================================================================================================== LOAN TYPE. This is a Variable Rate (0.5001.000% over Wall Street Journal Prime--Highest Tiered Rate, making an initial rate of 8.750%prime rate), Revolving Line of Credit Loan to a Corporation for $1,000,000.00 500,000.00 due on July 1September 15, 19972002. This is a secured renewal of the following described indebtedness: The This Note is given in renewal and extension and not innovation of the following described indebtedness: That certain Promissory Note from ASPEC Technologydated June 16, Inc. 2000, in the amount of $500,000.00 executed by Borrower payable to Lender dated April 20Lender. It is further agreed that all liens and security interest securing said indebtedness are hereby renewed and extended to secure the Note and all renewals, 1995extensions and modifications thereof. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: [ ] PersonalPERSONAL, FamilyFAMILY, or Household Purposes or Personal InvestmentOR HOUSEHOLD PURPOSES OR PERSONAL INVESTMENT. [xX] Business BUSINESS (including Real Estate InvestmentINCLUDING REAL ESTATE INVESTMENT). SPECIFIC PURPOSE. The specific purpose of this loan is: RENEWAL OF REVOLVING LINE OF CREDIT FOR WORKING CAPITAL AND LETTERS OF CREDIT.