Prior Agreement. This Agreement amends and restates the Prior Agreement in its entirety. Notwithstanding the foregoing, [Section 4] of that certain amendment to Employment and Option Agreement dated as of ​, which amended Employee’s Incentive Stock Option Agreement dated as of ​, shall remain in full force and effect.

Prior Approval. Tenant’s selected contractor shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld.

Prior Inventions. Attached to this Agreement and initialed by both parties is a list of all of the Inventions, if any, in which Employee possesses any right, title, or interest prior to commencement of her employment with the Company, which are not subject to the terms of this Agreement.

[Prior Agreement. This Agreement supersedes and replaces in its entirety the Indemnification Agreement between the Indemnitee and the Company dated as of , .]

The Company may terminate the CEO’s employment hereunder on not less than 9 months ’ prior notice and the CEO may terminate his employment on not less than 3 months’ prior notice.

As of the Effective Date, the terms of this clause 15 shall supersede any prior non-disclosure, secrecy or confidentiality agreement between the parties (or their Affiliates) dealing with the subject of this Agreement, including the Prior Confidentiality Agreement. Any information disclosed pursuant to any such prior agreement shall be deemed Confidential Information for purposes of this Agreement.

Supersedes Prior Agreements. With respect to the period covered by the Contract Period, this Agreement supersedes and cancels all prior agreements relating to your employment with the Company.

Prior Common Units. The Common Units that were issued and outstanding and held by the Members prior to the date of this Agreement shall remain unchanged.

Prior Conditions Satisfied. All conditions precedent to the Initial Additional Advance set forth in [Section 2.17] (in the same manner in which they were satisfied for the Initial Additional Advance and without reimposing any one‑time requirement) shall continue to be satisfied as of the date of such subsequent Additional Advance. For the avoidance of doubt, to the extent there have been any changes to the Trades List since the making of any prior Additional Advance, ​ shall deliver an updated and certified Trades List in connection with any Advance Request.

Notice. All notices, consents, waivers and other communications required or permitted by this Agreement shall be in writing and shall be deemed given to a party when # delivered to the appropriate address by hand or by nationally recognized overnight courier service (costs prepaid); # sent by facsimile with confirmation of transmission by the transmitting equipment; or # received or rejected by the addressee, if sent by certified mail, return receipt requested, in each case to the to the Employee at the last address or facsimile number on file with the Company or, in the case of the Company, to the President of FUSB at FUSB’s principal offices.