Effect of Agreement; Note to Continue in Full Force and Effect. Upon the effectiveness of this Agreement, each reference in the Note to “Note”, “Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to such Note as modified or amended hereby. Except as specifically modified or amended herein, the Note and the terms and conditions thereof shall remain in full force and effect.

Note to Continue in Full Force and Effect. Except as specifically modified or amended herein, the Note and Ancillary Agreements, and the terms and conditions thereof shall remain in full force and effect.

Effect on the Agreement. Except as specifically amended above, the Agreement and all other documents, instruments and agreements executed and/or delivered in connection therewith shall remain in full force and effect and are hereby ratified and confirmed.

Continuing Effectiveness of the Supply Agreement. Except as expressly provided herein, the Supply Agreement shall remain in full force and effect, and the Parties do hereby ratify and confirm the Supply Agreement as amended hereby.

Full Force and Effect. This Amendment shall be construed in connection with and as part of the Agreement, and except as modified and expressly amended by this Amendment, all terms, conditions and covenants contained in the Agreement, the Note and the Warrant are hereby ratified and shall be and remain in full force and effect.

Except as expressly amended hereby, all of the terms and conditions of the Agreement remain in full force and effect.

Except as set forth in this Amendment, the terms and conditions of the Agreement remain in full force and effect.

maintain each Existing Agreement in full force and effect; and

Continuing Effect of Collaboration Agreement. Except as expressly modified by this Amendment No. 9, the provisions of the Collaboration Agreement shall be unmodified and shall continue to be in full force and effect in accordance with its terms.

Full Force and Effect. Except as specifically modified or amended by the terms of this Amendment, all terms and conditions of the Agreement are unchanged and remain in full force and effect. In the event of any inconsistency between this Amendment and the Agreement, this Amendment will control.