THE OTHER PARTY'S
INTELLECTUAL PROPERTY RIGHTS, ANY EXPRESS OBLIGATION OF A PARTY TO INDEMNIFY,
HOLD HARMLESS AND DEFEND UNDER THIS AGREEMENT, AND FOR BREACH OF THE
CONFIDENTIALITY OBLIGATIONS SET FORTH IN ARTICLE VI (CONFIDENTIALITY). NEITHER
PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
SPECIAL DAMAGES, OR FOR LOST PROFITS OR COSTS ASSOCIATED WITH OBTAINING
SUBSTITUTE PERFORMANCE HEREUNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT
OR THE BREACH THEREOF, REGARDLESS OF WHETHER SUCH PARTY HAD BEEN WARNED OF SUCH
DAMAGES, AND REGARDLESS OF THE THEORY UPON WHICH SUCH DAMAGES ARE CLAIMED,
INCLUDING, FOR BREACH OF CONTRACT, WARRANTY, TORT, NEGLIGENCE OR STRICT
LIABILITY.
[signature page follows]
Illumina and Sequenom have duly executed and delivered this Pooled Patents
Agreement as of the Effective Date.
Illumina Inc.
Sequenom, Inc.
By: /s/ Nicholas Naclerio____________
By: /s/ Bill Welch________________
Name: Nicholas Naclerio____________
Name: Bill Welch________________
Title:
SVP Corporate Development +__
GM Enterprise Informatics
Title: CEO______________________
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