Reservation of Rights. Except as provided in this [Section 12], a Participant shall have no rights by reason of any subdivision or consolidation of shares of stock of any class, the payment of any dividend or any other increase or decrease in the number of shares of stock of any class. Any issue by the Company of shares of stock of any class or securities convertible into shares of stock of any class shall not affect, and no adjustment by reason thereof shall be made with respect to, the number or Exercise Price or Purchase Price of Shares subject to an Award. The grant of an Award pursuant to the Plan shall not affect in any way the right or power of the Company to make adjustments, reclassifications, reorganizations or changes of its capital or business structure, to merge or consolidate or to dissolve, liquidate, sell or transfer all or any part of its business or assets. In the event of any potential change affecting the Shares or the Exercise Price of Shares subject to an Award, including a merger or other reorganization, for reasons of administrative convenience, the Company in its sole discretion may refuse to permit the exercise of any Award during a period of up to thirty (30) days prior to the occurrence of such event.

Reservation of Rights. Assignee hereby reserves the right to grant sublicenses to the Trade Secrets hereunder.

Reservation of Rights. Subject to other applicable terms and provisions expressly provided in this Lease, Landlord reserves the following rights: # to change the street address and name of the Building provided that Tenant’s access to the Premises is not permanently, materially and adversely affected and access to the Building is not permanently, materially and adversely affected; # to change the arrangement and location of entrances, passageways, doors, doorways, corridors, elevators, stairs, toilets or other public parts of, and make additions to, the Building provided that Tenant’s access to the Premises is not permanently, materially and adversely affected and Landlord’s continues to provide all services and Amenities in accordance with its obligations hereunder; # to reasonably, and without material interference with Tenant’s equipment and facilities, erect, use and maintain pipes, wires, structural supports, ducts and conduits in and through the portion of the plenum areas of the Premises not being utilized by Tenant; # to grant to anyone the exclusive right to conduct any particular business in the Building not inconsistent with the Permitted Use; # to exclusively use and/or lease the roof areas not available for Tenant’s use as provided in this Lease, the sidewalks and other exterior areas; # to resubdivide the Land or to combine the Land with other lands for collective use as a first-class mixed-use facility, provided there shall be no increase in the Operating Charges or Real Estate Taxes for which Tenant is responsible hereunder in connection therewith; # to temporarily relocate any parking areas designated for Tenant’s use, provided the same are within the Parking Facility (or, in the event the Parking Facility unavailable due to fire, casualty, repairs or the like, elsewhere on the Land); # if Tenant irrevocably, and with written notice thereof to Landlord, surrenders the Premises prior to the expiration of the Lease Term, to make Alterations to or otherwise prepare the Premises for reoccupancy without relieving Tenant of its obligation to pay all Rent, additional rent and other sums due under this Lease through such expiration; # to construct improvements (including kiosks) on the Land and in the Property Common Areas which are consistent with the first class nature of the Building; # to prohibit smoking in the entire Building or portions thereof (including the Premises); and # if any excavation or other substructure work shall be made or authorized to be made upon land adjacent to the Building or the Land, to enter the Premises for the purpose of doing such work as is required to preserve the walls of the Building and to preserve the land from injury or damage and to support such walls and land by proper foundations. Subject to the other applicable terms and provisions expressly provided in this Lease, Landlord may exercise any or all of the foregoing rights without being deemed to be guilty of an eviction, actual or constructive, or a disturbance of Tenant’s business or use or occupancy of the Premises and Tenant shall have no claim against Landlord in connection therewith. With respect to [(b), [(c), (e), (g), (i) and (k) above]e]e]e]e]], Landlord shall use reasonable efforts to minimize interference with Tenant’s normal business operations in the Premises (subject, however, in all cases to governmental requirements, emergencies and/or temporary maintenance and repair activities).

Nothing contained in the Plan or the Plan Supplement shall constitute an admission by the Debtors or any other party that any such contract or lease is in fact an Executory Contract or Unexpired Lease or that any Reorganized Debtor has any liability thereunder. If there is a dispute regarding whether a contract or lease is or was executory or unexpired at the time of assumption, the Debtors or the Reorganized Debtors, as applicable, shall have 45 days following entry of a Final Order resolving such dispute to alter their treatment of such contract or lease.

Except as expressly set forth herein, the Plan shall have no force or effect unless the Bankruptcy Court shall enter the Confirmation Order. None of the filing of the Plan, any statement or provision contained in the Plan, or the taking of any action by any Debtor with respect to the Plan, the Disclosure Statement, or the Plan Supplement shall be or shall be deemed to be an admission or waiver of any rights of any Debtor with respect to the holders of Claims or Interests prior to the Effective Date.

Reservation of Rights. Assignor reserves the non-transferable right, without the right to license or sublicense, to use the Patent Rights for its own non-commercial, educational and research purposes and in research collaborations with academic or non-profit partners.

Except as expressly provided in this Agreement, nothing herein is intended to, or does, in any manner waive, limit, impair or restrict the ability of each Party to protect and preserve its rights, remedies and interests, including its Participating Claims/Interests and any other claims against the Company or other parties.

Reservation of Rights; Exculpation. Neither party shall receive any rights under this Agreement except for those rights expressly and unambiguously set forth herein. The parties will not be responsible for any delay in the performance of its obligations hereunder caused by any acts, omissions, or events beyond the party’s control.

Reservation of Shares. Subject to the provisions of [Section 13] of the Plan and the following sentence, the maximum aggregate number of Shares that may be issued under the Plan is # 2,500,000 Shares plus # any Shares subject to options that expire or otherwise terminate without having been exercised in full, are tendered to or withheld by the Company for payment of an exercise price or for tax withholding obligations, or are forfeited to or repurchased by the Company due to failure to vest, with the maximum number of Shares to be added to the Plan under this [clause (ii)] equal to 832,195 Shares. The number of Shares available for issuance under the Plan will be subject to automatic increase on the first day of each Fiscal Year beginning with Fiscal Year beginning ​, so that the number of Shares available for issuance under the Plan is equal to the least of:

The Company, during the term of this Plan, shall at all times reserve and keep available such number of Shares as shall be sufficient to satisfy the requirements of this Plan.