SUCH ACTIONS OR
PROCEEDINGS. THIS WAIVER IS KNOWINGLY, WILLINGLY, AND VOLUNTARILY MADE BY
INFORMAX AND FIRST POTOMAC, AND EACH PARTY REPRESENTS THAT NO REPRESENTATIONS OF
FACT OR OPINION HAVE BEEN MADE BY ANY INDIVIDUAL TO INDUCE THIS WAIVER OF TRIAL
BY JURY OR TO IN ANY WAY MODIFY OR NULLIFY ITS EFFECT. INFORMAX AND FIRST
POTOMAC ACKNOWLEDGE AND AGREE THAT THIS PROVISION IS A SPECIFIC AND MATERIAL
ASPECT OF THIS SUB-SUBLEASE. INFORMAX AND FIRST POTOMAC EACH REPRESENT THAT IT
HAS BEEN REPRESENTED (OR HAS HAD THE OPPORTUNITY TO BE REPRESENTED) IN THE
SIGNING OF THIS SUB-SUBLEASE AND IN THE MAKING OF THIS WAIVER BY INDEPENDENT
LEGAL COUNSEL, AND THAT IT HAS HAD AN OPPORTUNITY TO DISCUSS THIS WAIVER WITH
COUNSEL.
23
IN WITNESS WHEREOF, the parties hereto have duly executed this Sub-Sublease the
day and year first above written.
WITNESS:
INFORMAX, INC.
By:
Name:
Title:
WITNESS:
FIRST POTOMAC REALTY TRUST
By:
Name:
Title:
JOINDER BY LANDLORD
Landlord hereby joins in the execution of this Sub-Sublease for the purposes of
evidencing its acknowledgement and consent to the terms and conditions of this
Sub-Sublease and it acknowledgment of its agreements and obligations under this
Sub-Sublease:
WITNESS: Bethesda Place II Limited Partnership
By: 7626 Wisconsin Corp., its general partner
By:
Name:
Title:
24
EXHIBIT A
Lease
25
EXHIBIT B
26
InforMax Sublease
EXHIBIT C
INITIAL LEASEHOLD IMPROVEMENTS
[FIRST POTOMAC TO PROVIDE]
27 S.NEXT
EXHIBIT B
INITIAL LEASEHOLD IMPROVEMENTS
28