Agreement
or the equitable power of a court considering this Agreement or the transactions
contemplated hereby.
53
CONFIDENTIAL TREATMENT REQUESTED;
CERTAIN INFORMATION OMITTED AND FILED SEPARATELY WITH THE SEC.
9.10
No Implied Warranty. EXCEPT AS SPECIFIED IN SECTION VII (REPRESENTATIONS
AND WARRANTIES), AND ANY OTHER EXPRESS REPRESENTATION OR WARRANTY IN THIS
AGREEMENT, THE LICENSES GRANTED HEREUNDER ARE GRANTED WITHOUT ANY WARRANTY OF
ANY KIND. EACH PARTY HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
9.11
Damage Limitation. EXCEPT FOR INFRINGEMENT OF 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]
54
CONFIDENTIAL TREATMENT REQUESTED;
CERTAIN INFORMATION OMITTED AND FILED SEPARATELY WITH THE SEC.
Illumina and Sequenom have duly executed and delivered this Pooled Patents
Agreement as of the Effective Date.
Illumina Inc.
Sequenom, Inc.
By:
By:
Name:
Name:
Title:
Title:
CONFIDENTIAL TREATMENT REQUESTED;
CERTAIN INFORMATION OMITTED AND FILED SEPARATELY WITH THE SEC.