0001193125-09-008695 Sample Contracts

CONSENT AND WAIVER
Consent and Waiver • January 21st, 2009 • Nanogen Inc • Laboratory analytical instruments

Consent and Waiver (this “Consent and Waiver”) dated as of January 16, 2009, by and between Nanogen, Inc., a Delaware corporation (the “Company”), Financière Elitech SAS, a société par actions simplifiée incorporated under the laws of France and registered with the Clerk of the Commercial Court of Nanterre under the number 481 676 062 (“Elitech”), and the shareholders of Elitech, as listed on the signature pages hereto (the “Sellers”).

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