0001193125-13-020381 Sample Contracts

AUTOGENOMICS, INC. (a Delaware corporation) [ ] Shares of Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • January 23rd, 2013 • AutoGenomics, Inc. • Laboratory analytical instruments • Massachusetts

AutoGenomics, Inc., a Delaware corporation (the “Company”), confirms its agreement with Leerink Swann LLC (“Leerink Swann”) and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Leerink Swann is acting as representative (in such capacity, the “Representative”), with respect to (i) the issue and sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of common stock, $0.01 par value per share, of the Company (“Common Stock”) set forth in Schedule A, and (ii) the grant by the Company to the Underwriters, severally and not jointly, of the option described in Section 2(b) hereof to purchase all or any part of [ ] additional shares of Common Stock to cover overallotments, if any. The aforesaid [ ] shares of Common Stock (the “Initial Securities”) to be purchased by

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EMPLOYMENT AGREEMENT
Employment Agreement • January 23rd, 2013 • AutoGenomics, Inc. • Laboratory analytical instruments • California

This EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of this 3rd day of January, 2013 (the “Effective Date”), by and between AutoGenomics, Inc., a California corporation (“Employer”), and Fareed Kureshy, an individual (“Employee”).

NINTH AMENDMENT TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE – NET
Issuance Letter • January 23rd, 2013 • AutoGenomics, Inc. • Laboratory analytical instruments • California

THIS NINTH AMENDMENT TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE – NET (this “Amendment”) is made this 27th day of December, 2012, by PCCP DJ ORTHO, LLC, a Delaware limited liability company (“Lessor”), and AUTOGENOMICS, INC., a Delaware corporation (“Lessee”).

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