Common use of Repeal or Modification Clause in Contracts

Repeal or Modification. Any repeal or modification of the foregoing provisions of this Article V shall not adversely affect any right of indemnification or limitation of liability permitted under California law relating to acts or omissions occurring prior to such repeal or modification. EXHIBIT C SCHEDULE OF EXCEPTIONS FLUIDIGM CORPORATION SERIES E PREFERRED STOCK PURCHASE AGREEMENT UPDATED SCHEDULE OF EXCEPTIONS October 26, 2007 FLUIDIGM CORPORATION, a Delaware corporation (the “Company”), hereby makes the following exceptions and additional disclosure to the representations and warranties set forth in Section 2 of the Series E Preferred Stock Purchase Agreement dated as of June 13, 2007 between the Company and the Purchasers thereunder, as amended by that certain Amendment No.1 dated December 22, 2006, and further amended by Amendment No. 2 dated October 10, 2007 and Amendment No. 3 dated October 26, 2007 (as amended, the “Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings given them in the Agreement. The section numbers below correspond to the section numbers of the representations and warranties in the Agreement; provided that any information disclosed herein under any section number shall be deemed to be disclosed and incorporated under any other section number under the Agreement where such disclosure would be appropriate. Nothing in this Schedule of Exceptions is intended to broaden the scope of any representation or warranty contained in the Agreement or to create any covenant. Inclusion of any item in this Schedule of Exceptions (1) does not represent a determination that such item is material or establish a standard of materiality, (2) does not represent a determination that such item did not arise in the ordinary course of business, (3) does not represent a determination that the transactions contemplated by the Agreement require the consent of third parties, and (4) shall not constitute, or be deemed to be, an admission to any third party concerning such item. This Schedule of Exceptions includes brief descriptions or summaries of certain agreements and instruments, copies of which are available upon reasonable request. Such descriptions do not purport to be comprehensive, and are qualified in their entirety by reference to the text of the documents described. This Schedule of Exceptions reflects exceptions and additional disclosure to the representations and warranties made by the Company set forth in Section 2 of the Agreement as of October 26, 2007, and has not been updated for Subsequent Closings. The Purchaser acknowledges that there may be changes to such exceptions and additional disclosure since October 26, 2007, and accepts the Schedule of Exceptions as of October 26, 2007.

Repeal or Modification. Any repeal or modification of the foregoing provisions of this Article V shall not adversely affect any right of indemnification or limitation of liability permitted under California law relating to acts or omissions occurring prior to such repeal or modification. [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Confidential Treatment Requested by Fluidigm Corporation EXHIBIT C SCHEDULE OF EXCEPTIONS [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Confidential Treatment Requested by Fluidigm Corporation FLUIDIGM CORPORATION SERIES E PREFERRED STOCK PURCHASE AGREEMENT UPDATED SCHEDULE OF EXCEPTIONS October 26, 2007 FLUIDIGM CORPORATION, a Delaware corporation (the “Company”), hereby makes the following exceptions and additional disclosure to the representations and warranties set forth in Section 2 of the Series E Preferred Stock Purchase Agreement dated as of June 13, 2007 between the Company and the Purchasers thereunder, as amended by that certain Amendment No.1 dated December 22, 2006, and further amended by Amendment No. 2 dated October 10, 2007 and Amendment No. 3 dated October 26, 2007 (as amended, the “Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings given them in the Agreement. The section numbers below correspond to the section numbers of the representations and warranties in the Agreement; provided that any information disclosed herein under any section number shall be deemed to be disclosed and incorporated under any other section number under the Agreement where such disclosure would be appropriate. Nothing in this Schedule of Exceptions is intended to broaden the scope of any representation or warranty contained in the Agreement or to create any covenant. Inclusion of any item in this Schedule of Exceptions (1) does not represent a determination that such item is material or establish a standard of materiality, (2) does not represent a determination that such item did not arise in the ordinary course of business, (3) does not represent a determination that the transactions contemplated by the Agreement require the consent of third parties, and (4) shall not constitute, or be deemed to be, an admission to any third party concerning such item. This Schedule of Exceptions includes brief descriptions or summaries of certain agreements and instruments, copies of which are available upon reasonable request. Such descriptions do not purport to be comprehensive, and are qualified in their entirety by reference to the text of the documents described. This Schedule of Exceptions reflects exceptions and additional disclosure to the representations and warranties made by the Company set forth in Section 2 of the Agreement as of October 26, 2007, and has not been updated for Subsequent Closings. The Purchaser acknowledges that there may be changes to such exceptions and additional disclosure since October 26, 2007, and accepts the Schedule of Exceptions as of October 26, 2007.

Repeal or Modification. Any repeal or modification of the foregoing provisions of this Article V Section VI shall not adversely affect any right of indemnification or limitation of liability permitted under California law of an agent of this Corporation relating to acts or omissions occurring prior to such repeal or modification. The Corporation is to have perpetual existence. VIII In furtherance and not in limitation of the powers conferred by statute, the Board of Directors is expressly authorized to make, alter, amend or repeal the bylaws of the Corporation. The number of directors which will constitute the whole Board of Directors of the Corporation shall be as specified in the bylaws of the Corporation. The election of directors need not be by written ballot unless the bylaws of the Corporation shall so provide. Meeting of stockholders may be held within or without the State of Delaware, as the bylaws may provide. The books of the Corporation may be kept (subject to any provisions contained in the statutes) outside the State of Delaware at such place or places as may be designated from time to time by the Board of Directors or in the bylaws of the Corporation. Advance notice of new business and stockholder nomination for the election of directors shall be given in the manner and to the extent provided in the bylaws of the Corporation. The Corporation reserves the right to amend, alter, change or repeal any provision contained in this Restated Certificate of Incorporation, in the manner now or hereafter prescribed by statute, and all rights conferred upon stockholders herein are granted subject to this reservation. EXHIBIT C EXCEPTIONS TO REPRESENTATIONS AND WARRANTIES EXHIBIT C SCHEDULE OF EXCEPTIONS FLUIDIGM CORPORATION SERIES E PREFERRED STOCK PURCHASE AGREEMENT UPDATED SCHEDULE OF EXCEPTIONS October 26This Schedule of Exceptions, 2007 FLUIDIGM CORPORATIONdated as February 5, a Delaware corporation (the “Company”)1993, hereby makes the following exceptions is made and additional disclosure given pursuant to the representations and warranties set forth in Section 2 3 of the Spectrx, Inc. Series E A Preferred Stock Purchase Agreement dated as of June 13February 5, 2007 between 1993 (the Company and the Purchasers thereunder, as amended by that certain Amendment No.1 dated December 22, 2006, and further amended by Amendment No. 2 dated October 10, 2007 and Amendment No. 3 dated October 26, 2007 (as amended, the “"Agreement”"). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings given them The Section numbers in the Agreement. The section numbers below this Schedule of Exceptions correspond to the section numbers of the representations and warranties in the Agreement; provided that however, any information disclosed herein under any section number shall be deemed to be disclosed and incorporated under into any other section number under the this Agreement where such disclosure would be appropriate. Nothing Any terms defined in the Agreement shall have the same meaning when used in this Schedule of Exceptions is intended to broaden the scope of any representation or warranty contained as when used in the Agreement or to create any covenant. Inclusion of any item in this Schedule of Exceptions (1) does not represent a determination that such item is material or establish a standard of materiality, (2) does not represent a determination that such item did not arise in unless the ordinary course of business, (3) does not represent a determination that the transactions contemplated by the Agreement require the consent of third parties, and (4) shall not constitute, or be deemed to be, an admission to any third party concerning such item. This Schedule of Exceptions includes brief descriptions or summaries of certain agreements and instruments, copies of which are available upon reasonable request. Such descriptions do not purport to be comprehensive, and are qualified in their entirety by reference to the text of the documents described. This Schedule of Exceptions reflects exceptions and additional disclosure to the representations and warranties made by the Company set forth in Section 2 of the Agreement as of October 26, 2007, and has not been updated for Subsequent Closings. The Purchaser acknowledges that there may be changes to such exceptions and additional disclosure since October 26, 2007, and accepts the Schedule of Exceptions as of October 26, 2007context otherwise requires.

Repeal or Modification. Any repeal or modification of the foregoing provisions of this Article V Section VI shall not adversely affect any right of indemnification or limitation of liability permitted under California law of an agent of this Corporation relating to acts or omissions occurring prior to such repeal or modification. The Corporation is to have perpetual existence. In furtherance and not in limitation of the powers conferred by statute, the Board of Directors is expressly authorized to make, alter, amend or repeal the bylaws of the Corporation. The number of directors which will constitute the whole Board of Directors of the Corporation shall be as specified in the bylaws of the Corporation. The election of directors need not be by written ballot unless the bylaws of the Corporation shall so provide. Meeting of stockholders may be held within or without the State of Delaware, as the bylaws may provide. The books of the Corporation may be kept (subject to any provisions contained in the statutes) outside the State of Delaware at such place or places as may be designated from time to time by the Board of Directors or in the bylaws of the Corporation. Advance notice of new business and stockholder nomination for the election of directors shall be given in the manner and to the extent provided in the bylaws of the Corporation. The Corporation reserves the right to amend, alter, change or repeal any provision contained in this Restated Certificate of Incorporation, in the manner now or hereafter prescribed by statute, and all rights conferred upon stockholders herein are granted subject to this reservation. EXHIBIT C B EXCEPTIONS TO REPRESENTATIONS AND WARRANTIES SCHEDULE OF EXCEPTIONS FLUIDIGM CORPORATION SERIES E PREFERRED STOCK PURCHASE AGREEMENT UPDATED SCHEDULE OF EXCEPTIONS This Schedule of Exceptions, dated as of October 2621, 2007 FLUIDIGM CORPORATION1996, a Delaware corporation (the “Company”), hereby makes the following exceptions is made and additional disclosure given pursuant to the representations and warranties set forth in Section 2 3 of the SpectRx, Inc. Series E C Preferred Stock Purchase Agreement dated as of June 13October 21, 2007 between 1996 (the Company and the Purchasers thereunder, as amended by that certain Amendment No.1 dated December 22, 2006, and further amended by Amendment No. 2 dated October 10, 2007 and Amendment No. 3 dated October 26, 2007 (as amended, the “"Agreement”"). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings given them The Section numbers in the Agreement. The section numbers below this Schedule of Exceptions correspond to the section numbers of the representations and warranties in the Agreement; provided that however, any information disclosed herein under any section number shall be deemed to be disclosed and incorporated under into any other section number under the this Agreement where such disclosure would be appropriate. Nothing Any terms defined in the Agreement shall have the same meaning when used in this Schedule of Exceptions is intended to broaden the scope of any representation or warranty contained as when used in the Agreement or to create any covenant. Inclusion of any item in this Schedule of Exceptions (1) does not represent a determination that such item is material or establish a standard of materiality, (2) does not represent a determination that such item did not arise in unless the ordinary course of business, (3) does not represent a determination that the transactions contemplated by the Agreement require the consent of third parties, and (4) shall not constitute, or be deemed to be, an admission to any third party concerning such item. This Schedule of Exceptions includes brief descriptions or summaries of certain agreements and instruments, copies of which are available upon reasonable request. Such descriptions do not purport to be comprehensive, and are qualified in their entirety by reference to the text of the documents described. This Schedule of Exceptions reflects exceptions and additional disclosure to the representations and warranties made by the Company set forth in Section 2 of the Agreement as of October 26, 2007, and has not been updated for Subsequent Closings. The Purchaser acknowledges that there may be changes to such exceptions and additional disclosure since October 26, 2007, and accepts the Schedule of Exceptions as of October 26, 2007context otherwise requires.