Common use of Advertising Waiver Clause in Contracts

Advertising Waiver. The Employee agrees to permit the Company and/or its affiliates, and persons or other organizations authorized by the Company and/or its affiliates, to use, publish and distribute advertising or sales promotional literature concerning the products and/or services of the Company and/or its affiliates, or the machinery and equipment used in the provision thereof, in which the Employee’s name and/or pictures of the Employee taken in the course of the Employee’s provision of services to the Company and/or its affiliates, appear. The Employee hereby waives and releases any claim or right the Employee may otherwise have arising out of such use, publication or distribution. BY PLACING MY SIGNATURE HEREUNDER, I ACKNOWLEDGE THAT I HAVE READ ALL THE PROVISIONS OF THIS AGREEMENT AND THAT I AGREE TO ALL OF ITS TERMS. EMPLOYEE: Date: July 27, 2004 Xxxxxx Xxxxxxx /s/ XXXXXX XXXXXXX Employee’s Signature Address: Accepted: Date:July 27, 2004 SEQUENOM, INC. By: /s/ XXXXX XXXXXXXX Title: Chief Financial Officer EXHIBIT A PRIOR EMPLOYMENT OR CONFIDENTIALITY AGREEMENTS LIST OF THE NAMES OF ALL THIRD PARTIES WITH WHOM EMPLOYEE HAS ENTERED INTO EMPLOYMENT OR EMPLOYMENT CONFIDENTIALITY AGREEMENTS, EMPLOYEE PRIOR TO BEGINNING EMPLOYMENT WITH COMPANY.

Advertising Waiver. The Employee agrees to permit the Company and/or and its affiliates, and persons or other organizations authorized by the Company and/or or any of its affiliates, to use, publish and distribute advertising or sales promotional literature concerning the products and/or or services of the Company and/or or any of its affiliates, or the machinery and equipment used in the provision thereof, in which the Employee’s name and/or or pictures of the Employee taken in the course of the Employee’s provision of services to the Company and/or or any of its affiliates, appear. The Employee hereby waives and releases any claim or right the Employee may otherwise have arising out of such use, publication or distribution. BY PLACING MY SIGNATURE HEREUNDER, I ACKNOWLEDGE THAT I HAVE READ ALL THE PROVISIONS OF THIS AGREEMENT AND THAT I AGREE TO ALL OF ITS TERMS. EMPLOYEE: Date: July 27May 31, 2004 2005 /s/ Xxxxx Xxxxxx Xxxxxxx /s/ XXXXXX XXXXXXX Employee’s Signature Address: Xxxxx Xxxxxx Accepted: Date:July 27: May 31, 2004 2005 SEQUENOM, INC. By: /s/ XXXXX XXXXXXXX Title: Chief Financial Officer Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Chairman of the Board of Directors EXHIBIT A PRIOR EMPLOYMENT OR CONFIDENTIALITY AGREEMENTS LIST [INSERT FORM OF THE NAMES OF ALL THIRD PARTIES WITH WHOM PROPRIETARY INFORMATION AND INVENTIONS AGREEMENT] SEQUENOM, INC. EMPLOYEE HAS ENTERED INTO EMPLOYMENT OR EMPLOYMENT CONFIDENTIALITY AGREEMENTSPROPRIETARY INFORMATION AND INVENTIONS AGREEMENT In consideration of my employment or continued employment by SEQUENOM, EMPLOYEE PRIOR TO BEGINNING EMPLOYMENT WITH COMPANY.INC. (the “Company”), and the compensation now and hereafter paid to me, I hereby agree as follows:

Advertising Waiver. The Employee agrees to permit the Company and/or and its affiliates, and persons or other organizations authorized by the Company and/or or any of its affiliates, to use, publish and distribute advertising or sales promotional literature concerning the products and/or or services of the Company and/or or any of its affiliates, or the machinery and equipment used in the provision thereof, in which the Employee’s name and/or or pictures of the Employee taken in the course of the Employee’s provision of services to the Company and/or or any of its affiliates, appear. The Employee hereby waives and releases any claim or right the Employee may otherwise have arising out of such use, publication or distribution. BY PLACING MY SIGNATURE HEREUNDER, I ACKNOWLEDGE THAT I HAVE READ ALL THE PROVISIONS OF THIS AGREEMENT AND THAT I AGREE TO ALL OF ITS TERMS. EMPLOYEE: Date: July 27April 28, 2004 Xxxxxx Xxxxxxx 2005 Xxxxx Xxxxxxxx /s/ XXXXXX XXXXXXX XXXXX XXXXXXXX Employee’s Signature Address: Accepted: Date:July 27: April 28, 2004 2005 SEQUENOM, INC. By: /s/ XXXXX XXXXXXXX Title: Chief Financial Officer X. XXXXXX, XX. Xxxxx X. Xxxxxx, Xx. Chairman of the Board of Directors EXHIBIT A PRIOR EMPLOYMENT OR CONFIDENTIALITY AGREEMENTS LIST OF THE NAMES OF ALL THIRD PARTIES WITH WHOM EMPLOYEE HAS ENTERED INTO EMPLOYMENT OR EMPLOYMENT CONFIDENTIALITY AGREEMENTS, EMPLOYEE PRIOR TO BEGINNING EMPLOYMENT WITH COMPANY.

Advertising Waiver. The Employee agrees to permit the Company and/or and its affiliates, and persons or other organizations authorized by the Company and/or or any of its affiliates, to use, publish and distribute advertising or sales promotional literature concerning the products and/or or services of the Company and/or or any of its affiliates, or the machinery and equipment used in the provision thereof, in which the Employee’s name and/or or pictures of the Employee taken in the course of the Employee’s provision of services to the Company and/or or any of its affiliates, appear. The Employee hereby waives and releases any claim or right the Employee may otherwise have arising out of such use, publication or distribution. BY PLACING MY SIGNATURE HEREUNDER, I ACKNOWLEDGE THAT I HAVE READ ALL THE PROVISIONS OF THIS AGREEMENT AND THAT I AGREE TO ALL OF ITS TERMS. EMPLOYEE: Date: July 27December 15, 2004 2008 /s/ Xxxxx Xxxxxx Xxxxxxx /s/ XXXXXX XXXXXXX Employee’s Signature Address: Xxxxx Xxxxxx Accepted: Date:July 27: December 1, 2004 2008 SEQUENOM, INC. By: /s/ XXXXX XXXXXXXX Title: Chief Financial Officer Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Chairman of the Board of Directors AMENDED AND RESTATED EMPLOYMENT AGREEMENT EXHIBIT A PRIOR EMPLOYMENT OR CONFIDENTIALITY AGREEMENTS LIST RELEASE AND WAIVER OF THE NAMES OF ALL THIRD PARTIES WITH WHOM EMPLOYEE HAS ENTERED INTO EMPLOYMENT OR EMPLOYMENT CONFIDENTIALITY AGREEMENTSCLAIMS I understand and agree completely to the terms set forth in the Amended and Restated Employment Agreement, EMPLOYEE PRIOR TO BEGINNING EMPLOYMENT WITH COMPANYdated , 2008 to which this form is attached (the “Agreement”). I understand that this release and waiver (the “Release”), together with the Agreement, constitutes the complete, final and exclusive embodiment of the entire agreement between the Company and me with regard to the Agreement. I am not relying on any promise or representation by the Company that is not expressly stated herein. In consideration of and except for the benefits I will receive under the Agreement, I hereby generally and completely release the Company and its directors, officers, employees, shareholders, members, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, and assigns from any and all claims, liabilities and obligations, both known and unknown, that arise out of or are in any way related to events, acts, conduct, or omissions occurring prior to my signing this Release. This Release includes, but is not limited to: (1) all claims arising out of or in any way related to my employment with the Company or the termination of that employment; (2) all claims related to my compensation or benefits from the Company, including, but not limited to, salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the Company; (3) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including, but not limited to, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (5) all federal, state, and local statutory claims, including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990, the federal Age Discrimination in Employment Act of 1967 (as amended) (“ADEA”), and the California Fair Employment and Housing Act (as amended). I acknowledge that I am knowingly and voluntarily waiving and releasing any rights I may have under the ADEA. I also acknowledge that the consideration given under the Release for the waiver and release in the preceding paragraph hereof is in addition to anything of value to which I was already entitled. I further acknowledge that I have been advised by this writing, as required by the ADEA, that: (A) my waiver and release do not apply to any rights or claims that may arise on or after the date I execute this Release; (B) I should consult with an attorney prior to executing this Release; (C) I have twenty-one (21) days to consider this Release (although I may choose to voluntarily execute this Release earlier); (D) I have seven (7) days following my execution of this Release to revoke the Release; and (E) this Release shall not be effective until the date upon which the revocation period has expired, which shall be the eighth (8th) day after I execute this Release. I represent that I have not filed any claims against the Company, and agree that, except as such waiver may be prohibited by statute, I will not file any claim against the Company or seek any compensation for any claim other than the payments and benefits referenced herein. I agree to indemnify and hold the Company harmless from and against any and all loss, cost, and expense, including, but not limited to court costs and attorney’s fees, arising from or in connection with any action which may be commenced, prosecuted, or threatened by me or for my benefit, upon my initiative, or with my aid or approval, contrary to the provisions of this Release. I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” I hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to my release of any claims I may have against the Company, its affiliates, and the entities and persons specified above. This release is not intended to release any continuing obligations of the Company to me, if any, under any written employment agreement that I may have with the Company. Date: By: