Common use of CONTINGENCY/ACKNOWLEDGMENT Clause in Contracts

CONTINGENCY/ACKNOWLEDGMENT. Tenant understands and agrees that the effectiveness of this Lease is contingent upon the mutual execution of a lease surrender and termination agreement for the Premises by and between Landlord and Premier Laser Systems, Inc. a California corporation, the current tenant in possession of the Premises (the “Current Tenant”). Further, Tenant acknowledges and agrees that the Current Tenant has filed for protection under the Bankruptcy Code, and that the enforcement of the termination of the Current Tenant’s possessory rights in and to the Premises is subject to the proceedings and final order of the Bankruptcy Court. LANDLORD: TENANT: THE IRVINE COMPANY, a Delaware corporation INTRALASE CORP., a Delaware corporation By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, ▇▇. By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, ▇▇. President, Irvine Industrial Company, a division of The Irvine Company Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: President & CEO By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, Assistant Secretary Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Secretary The purpose of this form is to obtain information regarding the use of hazardous substances on Investment Properties Group (“IPG”) property. Prospective tenants and contractors should answer the questions in light of their proposed activities on the premises. Existing tenants and contractors should answer the questions as they relate to ongoing activities on the premises and should update any information previously submitted. If additional space is needed to answer the questions, you may attach separate sheets of paper to this form. When completed, the form should be sent to the following address: Your cooperation in this matter is appreciated. If you have any questions, please call your property manager at (▇▇▇) ▇▇▇-▇▇▇▇ for assistance.