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 OBLIGATIONS. The Employee’s obligations, as referenced in [sections 5.0, 6.0, 7.0 and 8.0]0]0]0] hereunder, shall continue in effect beyond the Employee’s Term of employment, and these obligations shall be binding upon the Employee’s assigns, heirs, executors, administrators, and other legal representatives.

Continuing Obligations. Executive further agrees to comply with the continuing obligations regarding confidentiality set forth in the surviving provisions of the Company’s Proprietary Information and Inventions Agreement previously signed by Executive.

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. As a condition to payment of any of the Severance Benefits set forth in Section 2 of this Agreement, the Executive:

Continuing Security Interest. Any and all of the Bank’s rights with respect to the security interests hereunder shall continue unimpaired, and the Grantors shall be and remain obligated in accordance with the terms hereof, notwithstanding the release or substitution of any Collateral at any time or of any rights or interests therein, or any delay, extension of time, renewal, compromise or other indulgence granted by the Bank in reference to any of the Secured Obligations, or any promissory note, draft, bill of exchange or other instrument or Credit Document given in connection therewith, the Grantors hereby waiving all notice of any such delay, extension, release, substitution, renewal, compromise or other indulgence, and hereby consenting to be bound thereby as fully and effectually as if the Grantors had expressly agreed thereto in advance.

Continuing, Absolute, Unconditional. This Guaranty is irrevocable, absolute, continuing, unconditional and general without any limitation. This Guaranty is unlimited in amount unless an amount is inserted in the following blank. Only if an amount is so inserted, this Guaranty is limited in amount to # ​of the principal amount of the Obligations plus # a proportionate share (i.e., in the same proportion as the amount in # above bears to the total principal amount of the Obligations) of all accrued and unpaid interest, premiums and Expenses (as defined below) incurred with respect to the Obligations and # all of the Expenses incurred with respect to this Guaranty (collectively, the “Guaranteed Amount”).