reimbursement or in-kind benefits is not subject to liquidation or exchange for
another benefit.
If a Change of Control (as defined in the Agreement) constitutes a payment event
with respect to any payment under the Agreement which provides for the deferral
of compensation and is subject to Section 409A, the Change of Control with
respect to such payment must also constitute a "change in control event," as
defined in Treasury Regulation section 1.409A-3(i)(5).
U.
EXECUTIVE ACKNOWLEDGEMENT
EXECUTIVE ACKNOWLEDGES THAT HE HAS HAD THE OPPORTUNITY TO CONSULT LEGAL COUNSEL
CONCERNING THIS AGREEMENT, THAT HE HAS READ AND UNDERSTANDS THE AGREEMENT, THAT
HE IS FULLY AWARE OF ITS LEGAL EFFECT, AND THAT HE HAS ENTERED INTO IT FREELY
BASED ON HIS OWN JUDGMENT AND NOT ON ANY REPRESENTATIONS OR PROMISES OTHER THAN
THOSE CONTAINED IN THIS AGREEMENT.
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ACCEPTED AND AGREED:
WAFERGEN BIOSYSTEMS, INC.
Signature:
/s/ Ivan Trifunovich
Title:
Executive Chairman
Date:
May 11, 2015
ROLLAND CARLSON
Signature:
/s/ Rolland Carlson
Date:
May 11, 2015
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