Subject to ‎[Section 9.14(b)], this Agreement shall continue in full force and effect until the date that is 120 days after the Deferred Payment Termination Date, at which point this Agreement shall terminate, save for any rights, obligations or claims of any party hereto which have accrued prior to such termination (along with any corresponding limitations of liability in respect thereof).

Subject to [Section 9.2], any option held by the Participant which was granted under this Plan and which remains outstanding as of a Purchase Date shall be deemed to have been exercised on such Purchase Date for the purchase of the number of whole Shares which the funds accumulated in his or her Account as of the Purchase Date will purchase at the applicable purchase price (but not in excess of the number of Shares for which options have been granted to the Participant pursuant to [Section 7.3]). No Shares will be purchased on behalf of any Participant who fails to file an enrollment form authorizing payroll deductions for an Accumulation Period.

Subject to [Section 9.1(b)] hereof, the Extension Term shall be upon all of the terms and conditions set forth in the Lease, except that:

Subject to [Section 9.4], the liability of one Party to the other Party for any breach of this Agreement, any negligence of the other Party, or arising in any other way out of the subject matter of this Agreement, the Background IP, the Arising IP will not extend to any indirect or consequential damages or losses, or any loss of profits, loss of revenue, loss of data, loss of contracts or opportunity, whether direct or indirect, even if the Party bringing the claim has advised the other Party of the possibility of those losses, or if they were within the other Party’s contemplation.

[Section 9.5.1.1] of the Agreement is hereby amended by appending the following to the end thereof:

[Section 9.5.2] of the Agreement is hereby amended by appending the following to the end thereof: “Novartis hereby acknowledges and agrees that Surface has not granted to Novartis any licenses or rights under the Surface Technology to Research, Develop, Manufacture or Commercialize any Adimab Diagnostic Product (as defined in the Adimab Agreement) for a Licensed Target other than solely for the purposes of Research, Development or Commercialization of therapeutic or prophylactic Licensed Products that Specifically Binds to such Licensed Target in accordance with the terms and conditions of this Agreement.”

[Section 9.4(f)] of the Credit Agreement is hereby amended by deleting therein the words “[Reserved]” and inserting in lieu thereof the words “Liens granted by Cove Point on its bank accounts and reserve funds (and nonrecourse to the Borrower) in connection with any Indebtedness of Cove Point so long as the Borrower does not own, directly or indirectly, a majority of the common equity interests of Cove Point”.

[Section 9.5(b)(ii)] of the Credit Agreement is hereby amended by deleting therein the words “Cove Point incurred prior to completion of the Liquefaction Project in an aggregate principal amount not to exceed $100,000,000 at any time outstanding” and inserting in lieu thereof the words “Cove Point so long as such Indebtedness is nonrecourse to the Borrower and the Borrower does not own, directly or indirectly, a majority of the common equity interests of Cove Point”.

[Section 9.2] of the Existing Credit Agreement is hereby amended by adding the parenthetical “(without giving effect to the increased maximum Consolidated Net Leverage Ratio levels permitted during the Covenant Relief Period set forth in [Section 9.11(b)])” immediately following the reference to “[Section 9.11]” in clause (g)(iv)(A) of such Section.

[Section 9.11] of the Credit Agreement and [Section 20] of the Guarantee provide that additional Subsidiaries of the Borrower may become Guarantors under the Guarantee by execution and delivery of an instrument in the form of this Supplement or as otherwise provided in the Credit Agreement. Elastica, Inc., a Delaware corporation (the “New Guarantor”), is executing this Supplement in accordance with the requirements of the Credit Agreement to become a Guarantor under the Guarantee in order to induce the Lenders, the Swingline Lender and the Letter of Credit Issuer to make additional Extensions of Credit (and as consideration for Extensions of Credit previously made) and to induce one or more Hedge Banks, Bank Product Providers or Cash Management Banks to enter into Secured Hedge Agreements, Secured Bank Product Agreements and Secured Cash Management Agreements.