0000936392-08-000144 Sample Contracts

AGREEMENT
Settlement and Release Agreement • February 26th, 2008 • Illumina Inc • Laboratory analytical instruments • California

This Settlement and Release Agreement is made and entered into as of the date of the last PARTY to sign the Agreement below (the “Effective Date”), by and between Affymetrix, Inc., a corporation organized under the laws of the State of Delaware having a principal place of business at 3380 Central Expressway, Santa Clara, CA 9505, (“AFFYMETRIX”) on behalf of itself and its AFFILIATES, their successors and assigns, and Illumina, Inc., a corporation organized under the laws of the State of Delaware having a principal place of business at 9885 Towne Center Drive, San Diego, California, 92121 (“ILLUMINA”) on behalf of itself and its AFFILIATES, their successors and assigns. The signatories to this Agreement are sometimes referred to herein jointly as the “PARTIES” and individually as a “PARTY”.

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