Employment Agreement Surviving Provisions. Except as modified herein, all original terms in the Executive Employment Agreement shall survive and remain in full force and effect.

Termination or expiration of this Agreement for any reason shall be without prejudice to any rights that shall have accrued to the benefit of any Party prior to such termination or expiration, including the payment obligations under Article 7 hereof, and any and all damages or remedies arising from any breach hereunder. Such termination or expiration shall not relieve any Party from obligations which are expressly indicated to survive termination of this Agreement.

Surviving Provisions of the Agreement. Without limiting Section 10.5.1 (Accrued Rights), the following provisions, as well as any other provisions which by their nature are intended to survive termination or expiration, will survive termination or expiration of this Agreement, in accordance with their respective terms and conditions, and for the duration stated, and where no duration is stated, shall survive indefinitely: Article 1 (Definitions), other than in the case of termination of this Agreement, the penultimate sentence of Section 5.4 (Royalty Term), the remainder of Article 5 (Payments) (solely to the extent payment obligations accrue prior to the effective date of expiration or termination), Article 7 (Confidentiality) (for the time period set forth therein), Article 9 (Indemnification), Article 10 (Term and Termination), Article 11 (Miscellaneous), Section 2.4 (No Other Rights), Section 6.1 (Ownership of Intellectual Property; Disclosure), Section 8.9 (Disclaimer) and this Section 10.5.2 (Surviving Provisions of the Agreement).

Notwithstanding anything to the contrary in the Agreement, the termination of the Agreement shall not affect the rights and obligations of the Parties, which, from the context of the Agreement, are intended to survive termination or expiration of the Agreement, including:

SURVIVING TERMS. [Sections 6 through 16] shall survive the termination of Executive’s employment between Executive and the Company. The parties acknowledge that those Sections are necessary in order to protect the legitimate business interests of the Company and the, to the extent applicable, the Executive.

Surviving Terms. The provisions of Sections 5, 6, 7, 8, 10, 11 and 222]2]2] shall survive the termination or expiration of this Agreement.

Surviving Obligations. Expiration or earlier termination of this Agreement will not relieve either Party of any obligation accruing prior to or upon such expiration or earlier termination, including that neither Party will be relieved of any payment obligation that may have accrued prior to such expiration or earlier termination. Further, the following provisions of this Agreement, together with any other provisions that expressly specify that they survive, will survive expiration or earlier termination of this Agreement: [Sections 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.7]7]7]7]7]7], Sections 7.1, 7.2, and 7.3 (in the case of such Sections 7.1, 7.2 and 7.3, subject to [Section 14.3.11]), [Sections 15.1 through 15.3, 15.5 through 15.21]1] and Article 1, Article 9, Article 10, Article 11, Article 12 and Article 13 and Article 14.

69 Article 16 MISCELLANEOUS

Surviving Terms. The provisions of Articles 5, 6, 7, 8, and [Section 9.8] shall survive the Term of this Agreement and the termination of Board Member's services.

Any provision of this Agreement having its performance period beyond the Term of this Agreement shall survive the termination or expiration of this Agreement.