Common use of No Other Brokers Clause in Contracts

No Other Brokers. Lessee represents and warrants to Lessor that the Lessor’s Broker and Lessee’s Broker are the only agents, brokers, finders or other parties with whom Lessee has dealt who are or may be entitled to any commission or fee with respect to this Lease or the Premises If any other person shall assert a claim to a finder’s fee, brokerage commission, or any other compensation on account of alleged employment as a finder or broker or performance of services as a finder or broker in connection with this transaction, the party under whom the finder or broker is claiming shall indemnify and hold the other party harmless from and against any such claim and all costs, expenses and liabilities incurred in connection with such claim or any action or proceeding brought on such claim, including, but not limited to, counsel and witness fees and court costs in defending against such claim. The parties hereto have executed this Lease on the dates specified immediately adjacent to their respective signatures. This Lease has been prepared for submission to your attorney for approval. No representation or recommendation is made by the Lessor or its agents or employees as to the legal effect or tax consequences of this Lease or the transaction relating thereto. LESSOR: LESSEE: Pegasus Properties, LP High Throughput Genomics, Inc. By: /s/ Xxxx Xxxxxxx-Wetekam By: Xxxx Xxxxxxxx Xxxx Xxxxxxx-Wetekam Its: Managing Partner Its Vice President & CFO Date: 7/11/2008 Date: 7//11/08 Please Initial: Lessor ¨ Lessee ¨ EXHIBIT “A” [ATTACH SITE PLAN(S) SHOWING PREMISES, PROJECT AND IDENTIFYING COMMON AREAS — ALL DIMENSIONS AND AREAS TO BE BASED ON GROSS RENTABLE SQUARE FEET.] Please Initial: Lessor ¨ Lessee ¨ EXHIBIT “B” [ATTACH WORK LETTER, IF APPLICABLE, RELATING TO TENANT IMPROVEMENTS TO BE MADE TO PREMISES.] Please Initial: Lessor ¨ Lessee ¨

No Other Brokers. Lessee represents and warrants to Lessor that the Lessor’s Broker and Lessee’s Broker are the only agents, brokers, finders or other parties with whom Lessee has dealt who are or may be entitled to any commission or fee with respect to this Lease or the Premises If any other person shall assert a claim to a finder’s fee, brokerage commission, or any other compensation on account of alleged employment as a finder or broker or performance of services as a finder or broker in connection with this transaction, the party under whom the finder or broker is claiming shall indemnify and hold the other party harmless from and against any such claim and all costs, expenses and liabilities incurred in connection with such claim or any action or proceeding brought on such claim, including, but not limited to, counsel and witness fees and court costs in defending against such claim. The parties hereto have executed this Lease on the dates specified immediately adjacent to their respective signatures. This Lease has been prepared for submission to your attorney for approval. No representation or recommendation is made by the Lessor or its agents or employees as to the legal effect or tax consequences of this Lease or the transaction relating thereto. LESSOR: LESSEE: Pegasus Properties, LP High Throughput GenomicsGenomics , Inc. By: /s/ Xxxx Xxxxxxx-Wetekam Xxxxxxx By: /s/ Xxxx Xxxxxxxx Xxxx Xxxxxxx-Wetekam Xxxxxxx Xxxx Xxxxxxxx Its: Managing Partner Its Vice Vice-President & CFO Date: 7/11/2008 5/25/11 Date: 7//11/08 5/11/11 Please Initial: Lessor ¨ Lessee ¨ EXHIBIT “A” [ATTACH SITE PLAN(S) SHOWING PREMISES, PROJECT AND IDENTIFYING COMMON AREAS — ALL DIMENSIONS AND AREAS TO BE BASED ON GROSS RENTABLE SQUARE FEET.] Please Initial: Lessor ¨ Lessee ¨ EXHIBIT “B” [ATTACH WORK LETTER, IF APPLICABLE, RELATING TO TENANT IMPROVEMENTS TO BE MADE TO PREMISES.] Please Initial: Lessor ¨ Lessee ¨

No Other Brokers. Lessee represents and warrants to Lessor that the Lessor’s Broker and Lessee’s Broker are the only agents, brokers, finders or other parties with whom Lessee has dealt who are or may be entitled to any commission or fee with respect to this Lease or the Premises If any other person shall assert a claim to a finder’s fee, brokerage commission, or any other compensation on account of alleged employment as a finder or broker or performance of services as a finder or broker in connection with this transaction, the party under whom the finder or broker is claiming shall indemnify and hold the other party harmless from and against any such claim and all costs, expenses and liabilities incurred in connection with such claim or any action or proceeding brought on such claim, including, but not limited to, counsel and witness fees and court costs in defending against such claim. The parties hereto have executed this Lease on the dates specified immediately adjacent to their respective signatures. This Lease has been prepared for submission to your attorney for approval. No representation or recommendation is made by the Lessor or its agents or employees as to the legal effect or tax consequences of this Lease or the transaction relating thereto. LESSOR: LESSEE: Pegasus Properties, LP High Throughput GenomicsGenomics , Inc. By: /s/ Xxxx Xxxxxxx-Wetekam Xxxxxxx By: /s/ Xxxx Xxxxxxxx Xxxx Xxxxxxx-Wetekam Xxxxxxx Its: Managing Partner Its Vice Vice-President & CFO Date: 7/11/2008 5/25/11 Date: 7//11/08 5/11/11 Please Initial: Lessor ¨ Lessee ¨ EXHIBIT “A” [ATTACH SITE PLAN(S) SHOWING PREMISES, PROJECT AND IDENTIFYING COMMON AREAS — ALL DIMENSIONS AND AREAS TO BE BASED ON GROSS RENTABLE SQUARE FEET.] Please Initial: Lessor ¨ Lessee ¨ EXHIBIT “B” [ATTACH WORK LETTER, IF APPLICABLE, RELATING TO TENANT IMPROVEMENTS TO BE MADE TO PREMISES.] Please Initial: Lessor ¨ Lessee ¨

No Other Brokers. Lessee represents and warrants to Lessor that the Lessor’s Broker and Lessee’s Broker are the only agents, brokers, finders or other parties with whom Lessee has dealt who are or may be entitled to any commission or fee with respect to this Lease or the Premises If any other person shall assert a claim to a finder’s fee, brokerage commission, or any other compensation on account of alleged employment as a finder or broker or performance of services as a finder or broker in connection with this transaction, the party under whom the finder or broker is claiming shall indemnify and hold the other party harmless from and against any such claim and all costs, expenses and liabilities incurred in connection with such claim or any action or proceeding brought on such claim, including, but not limited to, counsel and witness fees and court costs in defending against such claim. The parties hereto have executed this Lease on the dates specified immediately adjacent to their respective signatures. This Lease has been prepared for submission to your attorney for approval. No representation or recommendation is made by the Lessor or its agents or employees as to the legal effect or tax consequences of this Lease or the transaction relating thereto. LESSOR: LESSEE: Pegasus Properties, LP High Throughput Genomics, Inc. By: /s/ Xxxx Xxxxxxx-Wetekam By: /s/ Xxxx Xxxxxxxx Xxxx Xxxxxxx-Wetekam Xxxx Xxxxxxxx Its: Managing Partner Its Vice President & CFO Date: 7/11/2008 Date: 7//11/08 Please Initial: Lessor ¨ Lessee ¨ EXHIBIT “A” [ATTACH SITE PLAN(S) SHOWING PREMISES, PROJECT AND IDENTIFYING COMMON AREAS — ALL DIMENSIONS AND AREAS TO BE BASED ON GROSS RENTABLE SQUARE FEET.] Please Initial: Lessor ¨ Lessee ¨ EXHIBIT “B” [ATTACH WORK LETTER, IF APPLICABLE, RELATING TO TENANT IMPROVEMENTS TO BE MADE TO PREMISES.] Please Initial: Lessor ¨ Lessee ¨

No Other Brokers. Lessee represents and warrants to Lessor that the Lessor’s Broker and LesseeXxxxxx’s Broker are the only agents, brokers, finders or other parties with whom Lessee Xxxxxx has dealt who are or may be entitled to any commission or fee with respect to this Lease or the Premises If any other person shall assert a claim to a finder’s fee, brokerage commission, or any other compensation on account of alleged employment as a finder or broker or performance of services as a finder or broker in connection with this transaction, the party under whom the finder or broker is claiming shall indemnify and hold the other party harmless from and against any such claim and all costs, expenses and liabilities incurred in connection with such claim or any action or proceeding brought on such claim, including, but not limited to, counsel and witness fees and court costs in defending against such claim. The parties hereto have executed this Lease on the dates specified immediately adjacent to their respective signatures. This Lease has been prepared for submission to your attorney for approval. No representation or recommendation is made by the Lessor or its agents or employees as to the legal effect or tax consequences of this Lease or the transaction relating thereto. LESSOR: LESSEE: Pegasus PropertiesLESSOR LESSEE Cherrylake Partners, LP High Throughput GenomicsLLC, Inc. an Arizona limited liability company SynCardia Systems, Inc., a Delaware corporation By: /s/ Xxxxxx Xxxx Xxxxxxx-Wetekam By: Xxxx Xxxxxxxx Xxxx Xxxxxxx-Wetekam Its: Xxxxxx Xxxx Managing Partner Its Vice Member Its: President & CFO Date: 7/11/2008 6/13/05 Date: 7//11/08 Please Initial6-6-05 RWH: Lessor ¨ Lessee ¨ jah Attachments: Exhibits “A”, “A-1”, “B” First Addendum to Lease EXHIBIT “A” [ATTACH SITE PLAN(S) SHOWING PREMISES, PROJECT AND IDENTIFYING COMMON AREAS — ALL DIMENSIONS AND AREAS TO BE BASED ON GROSS RENTABLE SQUARE FEETDESCRIPTION OF THE PROPERTY] The approximate 4,000 square foot free standing building located at 1986 East Silverlake and the approximate 6,027 square foot free standing building located at 1992 East Silverlake.] Please Initial: Lessor ¨ Lessee ¨ EXHIBIT “B” [ATTACH WORK LETTER, IF APPLICABLE, RELATING TO TENANT IMPROVEMENTS TO BE MADE TO PREMISES.] Please Initial: Lessor ¨ Lessee ¨

No Other Brokers. Lessee represents and warrants to Lessor that the Lessor’s Broker and LesseeXxxxxx’s Broker are the only agents, brokers, finders or other parties with whom Lessee Xxxxxx has dealt who are or may be entitled to any commission or fee with respect to this Lease or the Premises If any other person shall assert a claim to a finder’s fee, brokerage commission, or any other compensation on account of alleged employment as a finder or broker or performance of services as a finder or broker in connection with this transaction, the party under whom the finder or broker is claiming shall indemnify and hold the other party harmless from and against any such claim and all costs, expenses and liabilities incurred in connection with such claim or any action or proceeding brought on such claim, including, but not limited to, counsel and witness fees and court costs in defending against such claim. The parties hereto have executed this Lease on the dates specified immediately adjacent to their respective signatures. This Lease has been prepared for submission to your attorney for approval. No representation or recommendation is made by the Lessor or its agents or employees as to the legal effect or tax consequences of this Lease or the transaction relating thereto. LESSOR: LESSEE: Pegasus PropertiesLESSOR LESSEE Cherrylake Partners, LP High Throughput GenomicsLLC, Inc. an Arizona limited liability company SynCardia Systems, Inc., a Delaware corporation By: /s/ Xxxxxx Xxxx Xxxxxxx-Wetekam By: /s/ Xxxxxxx Xxxxxxx Xxxxxx Xxxx Xxxxxxxx Xxxx Xxxxxxx-Wetekam Xxxxxxx Xxxxxxx Its: Managing Partner Its Vice Member Its: CEO/President & CFO Date: 7/11/2008 8/31/11 Date: 7//11/08 Please Initial8/31/11 Attachments: Lessor ¨ Lessee ¨ Exhibits “A”, “A-1”, “B” First Addendum to Lease EXHIBIT “A” [ATTACH SITE PLAN(S) SHOWING PREMISESThe approximate 4,104 square foot space located at 0000 Xxxx Xxxxxxxxxx, PROJECT AND IDENTIFYING COMMON AREAS — ALL DIMENSIONS AND AREAS TO BE BASED ON GROSS RENTABLE SQUARE FEET.] Please Initial: Lessor ¨ Lessee ¨ Xxxxx 000. EXHIBIT “B” [ATTACH WORK LETTERLessor agrees to provide a funding allowance to the Lessee for the completion of the interior of the building at 1956 X. Xxxxxxxxxx, IF APPLICABLEXxxxx 000 in the amount of One Hundred Thousand Dollars ($100,000.00). Lessor shall pay this amount to Lessee upon mutual execution of the lease agreement. Any amount in excess of the proposed funding by the Lessor will be the responsibility of the Lessee. In the event the cost of construction is less than the allowance provided, RELATING TO TENANT IMPROVEMENTS TO BE MADE TO PREMISESthe Lessee will reassess the lease economics commensurate with the amount funded in the allowance. Lessee shall provide Lessor upon final payment to Rio West a full and final lien wavier for all the work that has been performed within the interior of 1956 E. Silverlake, Suite 110. Said plans for the interior work are to be designed by Xxxx Xxxxxx of Xxxxxx and Associates Architects in conjunction with his consultant team at Advantech Facility Design, Inc. See attached floor plan that has been prepared by Xxxx Xxxxxx and dated August 1, 2011. Rio West Development & Construction, Inc will perform the construction (operate as the general contractor in conjunction with a team of subcontractors) of the interior on an actual cost basis plus Eight (8%) percent profit and overhead. Rio West shall provide the Lessee with at least two (2) qualified bids for each of the following trades that are licensed and bonded subcontractors for the metal studs & drywall, electrical, mechanical (HVAC), plumbing, insulation, and painting. Lessee will have the option at their discretion to pay all fees directly to consultants (architect & engineers), City of Tucson permit fees and impact fees and Pima County wastewater fees that will eliminate the added cost or taxation associated with having Rio West invoice for those services.] Please Initial: Lessor ¨ Lessee ¨