Continuing Effect. Except as expressly set forth in Section 2 of this Amendment, nothing in this Amendment shall constitute a modification or alteration of the terms, conditions or covenants of the Credit Agreement or any other Loan Document, or a waiver of any other terms or provisions thereof, and the Credit Agreement and the other Loan Documents shall remain unchanged and shall continue in full force and effect, in each case as amended hereby.

Continuing Effect. Except as otherwise specifically set out herein, the provisions of the Credit Agreement shall remain in full force and effect.

Except as expressly set forth herein, the provisions of the Agreement shall remain unchanged and in full force and effect as provided therein.

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Obligations, Lender is relying upon Borrower’s representations, warranties, and agreements, as set forth in the Existing Documents. Except as expressly modified pursuant to this BFMA, the terms of the Existing Documents remain unchanged and in full force and effect. Lender’s agreement to modifications to the existing Obligations pursuant to this BFMA in no way shall obligate Lender to make any future modifications to the Obligations. Nothing in this BFMA shall constitute a satisfaction of the Obligations. It is the intention of Lender and Borrower to retain as liable parties all makers and endorsers of Existing Documents, unless the party is expressly released by Lender in writing. No maker, endorser, or guarantor will be released by virtue of this BFMA. The terms of this paragraph apply not only to this BFMA, but also to any subsequent Business Financing Modification Agreements.

Continuing Effectiveness. Except as modified by this Amendment, the Employment Agreement shall remain in full force and effect and neither party by virtue of entering into this Amendment is waiving any rights it has under the Employment Agreement, and once this Amendment is executed by the parties hereto, all references in the Employment Agreement to “the Agreement” or “this Agreement,” as applicable, shall refer to the Employment Agreement as modified by this Amendment.

Continuing Agreement. This agreement will apply to any additional matters we agree to undertake on behalf of AVRS unless we enter into an express written agreement reflecting an alternate arrangement.

Continuing Employees. At least five (5) Business Days prior to the Closing, Buyer shall deliver, in writing, an offer of employment (on terms and conditions consistent with this Section 5.07) to all then current Plant Employees to commence such employment immediately after the Closing, other than any Plant Employees who have been identified as Affected Employees pursuant to clause (a) of such definition as of such time); provided, that each such offer shall be subject to the applicable Plant Employee’s continued employment with Seller until immediately prior to the Closing and to Buyer’s customary pre-employment/post-offer procedures and qualifications; provided further that, with respect to each Plant Employee who is not actively employed as of immediately prior to the Closing due to a leave of absence (each, an “Inactive Plant Employee”), any such offer shall # be contingent on # such Plant Employee presenting himself or herself to Buyer for active employment during the six-month period immediately following the Closing (or such longer period as specified by applicable Law), and presenting reasonable evidence to Buyer of such readiness for active employment and # the circumstances being such that Seller would have been required to re-employ or continue to employ such Plant Employee in accordance with applicable Law and its applicable policies, practices and procedures in effect on the date hereof, if the transactions contemplated by this Agreement had not occurred, and # be effective on the date that such Plant Employee presents himself or herself to Buyer for active employment. Seller will provide Buyer with a then-current list of Inactive Plant Employees within five (5) Business Days prior to the Closing Date indicating the last potential date of return. For all purposes of the remainder of this Section 5.07, with respect to any Inactive Plant Employee, the date that such Inactive Plant Employee commences employment with Buyer or the time of such commencement of employment shall be substituted for the terms “Closing Date” or “Closing”, respectively, wherever such term appears. Each such offer of employment shall be consistent with the obligations of Buyer set forth in this Section 5.07. Such individuals who accept such offer by the Closing Date are hereinafter referred to as the “Continuing Employees.” Effective as of the Closing, Seller shall terminate the employment of each Plant Employee who satisfies Buyer’s pre-employment/post-offer procedures and qualifications (other than any Plant Employee who has been identified as an Affected Employee pursuant to clause (a) of such definition).

Continuing Obligations. The Executive shall retain in confidence any confidential information known to the Executive concerning the Corporation and its business so long as such information is not publicly disclosed.

Continuing Obligations. If Landlord reasonably believes that it is necessary to clarify the terms of this Lease as a result of such conversion in the form of ownership of the Building, Landlord shall prepare a proposed clarification agreement and Tenant shall promptly execute such agreement clarifying their respective obligations under this Lease; provided, however, that neither party shall be required to execute any such instrument which would diminish or detract from the rights of such party or expand or enhance the obligations of the other party, in either case under this Lease. Subject to the foregoing, such agreement shall reflect the change in the form of ownership and amend the Lease accordingly, redacting terminology relating to condominium ownership.

Continuing Liability. Termination of this Agreement for any reason shall not release any Party from any liability or obligation which has already accrued as of the effective date of such termination, and shall not constitute a waiver or release of, or otherwise be deemed to prejudice or adversely affect, any rights, remedies or claims, whether for damages or otherwise, which a Party may have hereunder, at law, equity or otherwise or which may arise out of or in connection with such termination.