The parties acknowledge and agree that Employee’s employment with the Company terminated on August 5, 2016 (the “ Termination Date ”). The Company agrees to characterize Employee’s termination as “without cause” under Section 5.3 of the Employment Agreement between the parties, dated as of April 22, 2014 (the “Employment Agreement” ). With the exception of Employee’s vested benefits, interests or rights in the Company’s 401(k) plan or other employee benefit plans in which Employee is a participant, if any, Employee acknowledges that, Employee has been paid all wages, compensation, benefits (including all earned and unused vacation days or paid time-off), less applicable tax withholding, and business expenses relating to Employee’s employment with the Company through Employee’s Termination Date.