Common use of General Release and Waiver of Claims Clause in Contracts

General Release and Waiver of Claims. In consideration of the severance payments and other benefits to which I have become entitled, pursuant to that certain Amended and Restated Employment Agreement between Nanogen, Inc., a Delaware corporation (the “Company”), and myself dated , 2007 (the “Employment Agreement), in connection with the termination of my employment on this date, I, , hereby furnish the Company with the following release and waiver (“Release and Waiver”). I hereby release and forever discharge the Company, its officers, directors, agents, employees, stockholders, successors, assigns and affiliates from any and all claims, liabilities, demands, causes of action, costs, expenses, attorney fees, damages, indemnities and obligations of every kind and nature, in law, equity or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or relating to my employment with the Company and the termination of that employment, including (without limitation) claims of wrongful discharge, emotional distress, defamation, fraud, breach of contract, breach of the covenant of good faith and fair dealing, discrimination claims based on sex, age, race, national origin, disability or any other basis under Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment and Housing Act, the Federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”), the Americans with Disability Act, contract claims, tort claims, and wage or benefit claims, including but not limited to, claims for salary, bonuses, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay or any other form of compensation (other than the payments, rights, benefits and indemnification to which I am, pursuant to the express provisions of the Employment Agreement, entitled in connection with my termination of employment, my vested rights under the Company’s Section 401(k) Plan and any worker’s compensation benefits under any Company workers’ compensation insurance policy or fund). In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This Release and Waiver does not pertain to any claims which may subsequently arise in connection with the Company’s default in any of its severance payment obligations under the Employment Agreement or any other obligations thereunder which expressly survive the termination of that Agreement. I acknowledge that, among other rights subject to his Release and Waiver, I am hereby waiving and releasing any rights I may have under ADEA, that this release and waiver is knowing and voluntary, and that the consideration given for this release and waiver is in addition to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver granted herein does not relate to claims which may arise after this release and waiver is executed; (b) I have the right to consult with an attorney prior to executing this release and waiver (although I may choose voluntarily not to do so); and if I am over 40 years old upon execution of this (c) I have twenty-one (21) days from the date of termination of my employment with the Company in which to consider this release and waiver (although I may choose voluntarily to execute this release and waiver earlier); (d) I have seven (7) days following the execution of this release and waiver to revoke my consent to this release and waiver; and (e) this release and waiver shall not be effective until the seven (7)-day revocation period has expired. Date: , 20 EXECUTIVE

General Release and Waiver of Claims. In consideration of the severance payments and other benefits to which I have become entitled, pursuant to that certain Amended and Restated Employment provided under the Change in Control Agreement between NanogenEmployee and the Company, Inc.as amended and restated effective August 1, a Delaware corporation 2020 (the “CompanyCIC Agreement”), and myself dated after consultation with counsel, 2007 (Employee agrees not to sxx, or otherwise file any claim against, and fully and unconditionally waives, releases and discharges, to the “Employment Agreement)maximum extent permitted by law, in connection with the termination of my employment on this dateVarian and its predecessors, Isubsidiaries, related entities, hereby furnish the Company with the following release and waiver (“Release and Waiver”). I hereby release and forever discharge the Company, its officers, directors, shareholders, agents, attorneys, employees, stockholders, successors, successors or assigns and affiliates (“the Releasees”) from any and all claims, liabilitiesof any kind whatsoever, demands, causes of action, costs, expenses, attorney fees, damages, indemnities and obligations of every kind and nature, in law, equity whether known or otherwise, known and unknown, suspected which Employee now has or may hereafter have against the Releasees, or any of them, by reason of any matter, cause, or thing whatsoever, including, without limitation, any and unsuspected, disclosed and undisclosed, arising from or all claims relating to my or arising out of Employee’s employment relationship with the Company Varian, and the termination of that relationship; any and all claims for wrongful discharge of employment, including (without limitation) claims ; termination in violation of wrongful discharge, emotional distress, defamation, fraud, public policy; discrimination; harassment; retaliation; breach of contract, both express and implied; breach of the covenant of good faith and fair dealing, discrimination both express and implied; promissory estoppel; negligent or intentional infliction of emotional distress; fraud; negligent or intentional misrepresentation; negligent or intentional interference with contract or prospective economic advantage; unfair business practices; defamation; libel; slander; negligence; personal injury; assault; battery; invasion of privacy; false imprisonment; conversion; and disability benefits; any and all claims based on sexfor violation of any federal, agestate, raceor municipal statute, national originincluding, disability or any other basis under but not limited to, Title VII of the Civil Rights Act of 1964, as amended, ; the California Civil Rights Act of 1991; the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the Fair Employment and Housing Credit Reporting Act, ; the Federal Age Discrimination in Employment Act of 1967, as amended 1967 (the “ADEA”), ; the Americans with Disability Older Workers Benefit Protection Act (the “OWBPA”); the Employee Retirement Income Security Act of 1974; the Worker Adjustment and Retraining Notification Act, contract claims, tort claims, ; the Family and wage or benefit claims, including but not limited to, Medical Leave Act; the Immigration Control and Reform Act; any and all claims for salary, bonuses, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay violation of the federal or any state constitution or other form applicable state laws; any claim for any loss, cost, damage, or expense arising out of compensation (any dispute over the non-withholding or other than tax treatment of any of the paymentsproceeds received by Employee as a result of this Agreement; and any and all claims for attorneys’ fees and costs. Employee enters into this Agreement on Employee’s own behalf and on behalf of Employee’s heirs, rightsbeneficiaries, benefits successors, representatives, trustees, administrators and indemnification to which I amassigns. Employee represents that Employee has made no assignment or transfer of any right, pursuant claim, complaint, charge, duty, obligation, demand, cause of action, or other matter waived or released by this General Release and Waiver of Claims section. Employee agrees that the release set forth in this section shall be and will remain in effect in all respects a complete general release as to the express provisions of the Employment Agreement, entitled in connection with my termination of employment, my vested rights under the Company’s Section 401(k) Plan and any worker’s compensation benefits under any Company workers’ compensation insurance policy or fund)matters released. In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction: “A general This release does not extend to any payments owed or obligations incurred under the CIC Agreement. Nothing in this Agreement is intended to waive claims which (i) for unemployment or workers’ compensation benefits, (ii) for vested rights under the creditor does not know or suspect to exist in his favor at CIC Agreement and/or employee benefit plans as applicable on the time date Employee signs this Agreement, (iii) that may arise after Employee signs this Agreement, (iv) for reimbursement of executing the release, which if known by him must have materially affected his settlement with the debtor.” This Release and Waiver does not pertain to any claims which may subsequently arise in connection with expenses under the Company’s default in expense reimbursement policies and California Labor Code section 2802, (v) for rights, if any, to indemnification under any indemnification agreement between Employee and Varian (or any of its severance payment obligations affiliates) or under Varian’s or any affiliate’s certificate of incorporation or bylaws, including coverage under applicable insurance policies such as director & officer insurance and comprehensive liability insurance that may apply to Employee, each as amended or (vi) which cannot be released by private agreement. Nothing in this Agreement (i) waives Employee’s right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the part of the Company, or on the part of the agents or employees of the Company, when Employee has been required or requested to attend such a proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the legislature, (ii) limits or affects Employee’s right to challenge the validity of this Agreement under the ADEA or the OWBPA, (iii) prevents Employee from communicating with, filing a charge or complaint with or from participating in an investigation or proceeding conducted by the Equal Employment Agreement Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, or any other obligations thereunder which expressly survive any federal, state or local agency charged with the termination enforcement of that any laws (each, a “Government Agency”), including providing documents or any other information to any such Government Agency, (iv) limits or affects Employee’s right to receive monetary rewards for providing information to any Government Agency under applicable whistleblower provisions, or (v) limits Employee from exercising rights under Section 7 of the National Labor Relations Act to engage in protected, concerted activity with other employees. By signing this Agreement. I acknowledge that, among Employee is waiving rights to individual relief (including backpay, frontpay, reinstatement or other rights subject to his Release and Waiverlegal or equitable relief) in any charge, I am hereby waiving and releasing complaint, or lawsuit or other proceeding brought by Employee or on Employee’s behalf by any rights I third party, except for any right Employee may have under ADEA, that this release to receive a payment or award from a government agency (and waiver is knowing and voluntary, and that the consideration given for this release and waiver is in addition to anything of value to which I was already entitled as an executive of not the Company. I further acknowledge that I have been advised, as required by ) for information provided to the Older Workers Benefit Protection Act, that: (a) the release and waiver granted herein does not relate to claims which may arise after this release and waiver is executed; (b) I have the right to consult with an attorney prior to executing this release and waiver (although I may choose voluntarily not to do so); and if I am over 40 years old upon execution of this (c) I have twenty-one (21) days from the date of termination of my employment with the Company in which to consider this release and waiver (although I may choose voluntarily to execute this release and waiver earlier); (d) I have seven (7) days following the execution of this release and waiver to revoke my consent to this release and waiver; and (e) this release and waiver shall not be effective until the seven (7)-day revocation period has expired. Date: , 20 EXECUTIVEgovernment agency or otherwise where prohibited.

General Release and Waiver of Claims. In consideration of the severance payments (a) The Executive and other benefits to which I have become entitledhis/her heirs, pursuant to that certain Amended executors, representatives, agents, insurers, administrators, successors and Restated Employment Agreement between Nanogenassigns (collectively, Inc., a Delaware corporation (the “CompanyReleasors”)) irrevocably and unconditionally fully and forever waive, and myself dated , 2007 (the “Employment Agreement), in connection with the termination of my employment on this date, I, , hereby furnish the Company with the following release and waiver (“Release and Waiver”). I hereby release and forever discharge the Company, its including the Company’s parents, subsidiaries, affiliates, predecessors, successors and assigns, and all of their respective officers, directors, agentsemployees and shareholders, employeesin their corporate and individual capacities (collectively, stockholders, successors, assigns and affiliates the “Releasees”) from any and all claims, liabilitiesdemands, demandsactions, causes of actionactions, costsobligations, expensesjudgments, attorney rights, fees, damages, indemnities debts, obligations, liabilities and obligations expenses (inclusive of every attorneys’ fees) of any kind and naturewhatsoever (collectively, in “Claims”), whether known or unknown, from the beginning of time to the date of the Executive’s execution of this Release, including, without limitation, any claims under any federal, state, local or foreign law, equity that Releasors may have, have ever had or otherwisemay in the future have arising out of, known and unknownor in any way related to the Executive’s hire, suspected and unsuspectedbenefits, disclosed and undisclosedemployment, arising termination or separation from or relating to my employment with the Company and any actual or alleged act, omission, transaction, practice, conduct, occurrence or other matter, including, but not limited to (i) any and all claims under Title VII of the termination Civil Rights Act, as amended, the Americans with Disabilities Act, as amended, the Family and Medical Leave Act, as amended, the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Section 1981 of U.S.C. Title 42, the Xxxxxxxx-Xxxxx Act of 2002, as amended, the Worker Adjustment and Retraining Notification Act, as amended, the National Labor Relations Act, as amended, the Age Discrimination in Employment Act, as amended, the Uniform Services Employment and Reemployment Rights Act, as amended, the Genetic Information Nondiscrimination Act of 2008, the Massachusetts Fair Employment Practices Law, the Massachusetts Civil Rights Act, the Massachusetts Equal Rights Act, the Minimum Fair Wage Act, the Massachusetts Plant Closing Law, the Massachusetts Wage Act, the Massachusetts Equal Pay Act, the Massachusetts Maternity Leave Act, and the Massachusetts Sexual Harassment Statute, and all of their respective implementing regulations and/or any other federal, state, local or foreign law (statutory, regulatory or otherwise) that employmentmay be legally waived and released; (ii) any and all claims for compensation of any type whatsoever, including but not limited to claims for salary, wages, bonuses, commissions, incentive compensation, vacation and/or severance; (without limitationiii) any and all claims arising under tort, contract and/or quasi-contract law, including but not limited to claims of wrongful discharge, emotional distress, defamation, fraud, breach of an expressed or implied contract, tortious interference with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, discrimination claims based on sexpromissory estoppel, agedetrimental reliance, raceinvasion of privacy, national originnonphysical injury, disability personal injury or sickness or any other basis under Title VII harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, negligent or intentional infliction of the Civil Rights Act of 1964, as amended, the California Fair Employment emotional distress; and Housing Act, the Federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”), the Americans with Disability Act, contract claims, tort claims, iv) any and wage all claims for monetary or benefit claimsequitable relief, including but not limited toto attorneys’ fees, claims for salary, bonuses, commissions, stock grants, stock options, vacation back pay, fringe benefitsfront pay, severance pay reinstatement, experts’ fees, medical fees or any other form of compensation (other than the paymentsexpenses, rights, benefits costs and indemnification to which I am, pursuant to the express provisions of the Employment Agreement, entitled in connection with my termination of employment, my vested rights under the Company’s Section 401(k) Plan and any worker’s compensation benefits under any Company workers’ compensation insurance policy or fund). In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtordisbursements.” This Release and Waiver does not pertain to any claims which may subsequently arise in connection with the Company’s default in any of its severance payment obligations under the Employment Agreement or any other obligations thereunder which expressly survive the termination of that Agreement. I acknowledge that, among other rights subject to his Release and Waiver, I am hereby waiving and releasing any rights I may have under ADEA, that this release and waiver is knowing and voluntary, and that the consideration given for this release and waiver is in addition to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver granted herein does not relate to claims which may arise after this release and waiver is executed; (b) I have the right to consult with an attorney prior to executing this release and waiver (although I may choose voluntarily not to do so); and if I am over 40 years old upon execution of this (c) I have twenty-one (21) days from the date of termination of my employment with the Company in which to consider this release and waiver (although I may choose voluntarily to execute this release and waiver earlier); (d) I have seven (7) days following the execution of this release and waiver to revoke my consent to this release and waiver; and (e) this release and waiver shall not be effective until the seven (7)-day revocation period has expired. Date: , 20 EXECUTIVE

General Release and Waiver of Claims. In consideration of the severance a. The payments and promises set forth in this Agreement are in full satisfaction of all accrued salary, vacation pay, bonus and commission pay, profit‑sharing, termination benefits or other benefits compensation to which I have become entitled, pursuant to that certain Amended and Restated Employment Agreement between Nanogen, Inc., a Delaware corporation (the “Company”), and myself dated , 2007 (the “Employment Agreement), in connection with the termination you may be entitled by virtue of my employment on this date, I, , hereby furnish the Company with the following release and waiver (“Release and Waiver”). I hereby release and forever discharge the Company, its officers, directors, agents, employees, stockholders, successors, assigns and affiliates from any and all claims, liabilities, demands, causes of action, costs, expenses, attorney fees, damages, indemnities and obligations of every kind and nature, in law, equity or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or relating to my your employment with the Company or your separation from the Company, including, but not limited to, as provided under the Severance and CIC Agreement. You agree that (i) all stock options, restricted stock units or other equity awards that were unvested as of the termination Separation Date ceased vesting and forfeited upon the Separation Date and you waive all claims with respect to such forfeited unvested awards and (ii) other than any stock options, restricted stock units, other equity awards or shares that were vested as of that employmentthe Separation Date, including you are not entitled to any additional stock options, restricted stock units, other equity awards or shares, and you waive all claims with respect to any such additional awards. To the fullest extent permitted by law, you hereby release and waive any other claims you may have against the Company and its owners, agents, officers, shareholders, employees, directors, attorneys, subscribers, subsidiaries, affiliates, successors and assigns (collectively “Releasees”), whether known or not known, including, without limitation) , claims under any employment laws, including, but not limited to, claims of wrongful unlawful discharge, emotional distress, defamation, fraud, breach of contract, breach of the covenant of good faith and fair dealing, discrimination fraud, violation of public policy, defamation, physical injury, emotional distress, claims based on sexfor additional compensation or benefits arising out of your employment or your separation of employment, age, race, national origin, disability or any other basis claims under Title VII of the 1964 Civil Rights Act of 1964Act, as amended, the California Fair Employment and Housing ActAct and any other laws and/or regulations relating to employment or employment discrimination, including, without limitation, claims based on age or under the Federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”), the Americans with Disability Act, contract claims, tort claims, and wage or benefit claims, including but not limited to, claims for salary, bonuses, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay or any other form of compensation (other than the payments, rights, benefits and indemnification to which I am, pursuant to the express provisions of the Employment Agreement, entitled in connection with my termination of employment, my vested rights under the Company’s Section 401(k) Plan and any worker’s compensation benefits under any Company workers’ compensation insurance policy or fund). In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This Release and Waiver does not pertain to any claims which may subsequently arise in connection with the Company’s default in any of its severance payment obligations under the Employment Agreement or any other obligations thereunder which expressly survive the termination of that Agreement. I acknowledge that, among other rights subject to his Release and Waiver, I am hereby waiving and releasing any rights I may have under ADEA, that this release and waiver is knowing and voluntary, and that the consideration given for this release and waiver is in addition to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) and/or claims based on disability or under the release and waiver granted herein does not relate to claims which may arise after this release and waiver is executed; (b) I have the right to consult Americans with an attorney prior to executing this release and waiver (although I may choose voluntarily not to do so); and if I am over 40 years old upon execution of this (c) I have twenty-one (21) days from the date of termination of my employment with the Company in which to consider this release and waiver (although I may choose voluntarily to execute this release and waiver earlier); (d) I have seven (7) days following the execution of this release and waiver to revoke my consent to this release and waiver; and (e) this release and waiver shall not be effective until the seven (7)-day revocation period has expired. Date: , 20 EXECUTIVEDisabilities Act.

General Release and Waiver of Claims. (a) In consideration of the severance payments promises in this Agreement and other benefits the payment of the Separation Benefits set forth herein, Executive voluntarily and of Executive’s own free will, to which I have become entitledthe fullest extent permitted by law, pursuant to that certain Amended hereby forever releases, waives, discharges and Restated Employment Agreement between Nanogenholds harmless, Inc.the Company and its former, a Delaware corporation current and future subsidiaries, joint ventures, affiliates, divisions, parents, equity holders, predecessors, successors and assigns, and all of their current, former and future officers, shareholders, members, partners, principals, investors, owners, directors, trustees, joint venturers, insurers, attorneys, auditors, employees, agents (in their official and individual capacities), employee benefit plans and their administrators and fiduciaries (in their official and individual capacities) and all of their affiliates, predecessors, successors and assigns (the “CompanyReleased Parties”), and myself dated , 2007 (the “Employment Agreement), in connection with the termination of my employment on this date, I, , hereby furnish the Company with the following release and waiver (“Release and Waiver”). I hereby release and forever discharge the Company, its officers, directors, agents, employees, stockholders, successors, assigns and affiliates from any and all claims, liabilities, demandsrights, causes of action, costs, expenses, attorney fees, damages, indemnities action and obligations demands of every kind and whatever nature, in law, equity whether known or otherwise, known and unknown, suspected and unsuspectedforeseen or unforeseen, disclosed and undisclosedthat Executive had, now has or may have against any of them arising from any act, event or relating to my employment with omission which has occurred up through the Company date Executive signs this Agreement. This general release and the termination waiver of that employmentclaims includes, including but is not limited to, (without limitationi) claims of wrongful discharge, emotional distress, defamation, fraud, breach of contract, breach of the covenant of good faith and fair dealing, discrimination claims based on sex, age, race, national origin, disability or any other basis under Title VII of the Civil Rights Act of 1964, as amendedthe Civil Rights Act of 1866, the California Fair Employment and Housing ActCivil Rights Act of 1991, the Federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”)the Older Worker Benefit Protection Act of 1990, the Americans with Disability With Disabilities Act, contract claimsthe Equal Pay Act, tort claimsthe Genetic Information Non-Discrimination Act, the National Labor Relations Act, the Pregnancy Discrimination Act, the Immigration Reform and Control Act, the Employee Retirement Income Security Act of 1974 (ERISA), Sections 503 and 504 of the Rehabilitation Act of 1973, the Family and Medical Leave Act, and wage the Worker Adjustment Retraining and Notification Act, all as amended; (ii) all other federal, state and local anti-discrimination, labor or benefit claimsemployment laws or regulations or orders to the extent any such claims may legally be waived by private agreement; (iii) claims and potential claims relating to or arising out of any work Executive has done for the Company in any capacity, Executive’s employment, the terms and conditions of Executive’s employment and/or Executive’s separation from employment, including but not limited toto statutory claims and claims in common law or in equity, including without limitation claims for salarydiscrimination, harassment, retaliation for asserting any claims, whistle-blowing, breach of contract (oral or written, express or implied), detrimental reliance, breach of policy or practice, constructive discharge, wrongful discharge, negligence, emotional distress, pain and suffering and all torts, including any intentional torts, such as defamation; (iv) claims and potential claims subject to federal, state and local occupational safety and health laws and regulations; (v) claims or potential claims under any other federal, state or local Constitution, statute, regulation, agreement, order or duty; (vi) claims or potential claims concerning or based on the adequacy of Executive’s compensation or remuneration, including incentive payments, commissions, bonuses, commissionsexpense reimbursements, stock grants, stock options, vacation pay, fringe or claims for benefits, severance pay or any other form of compensation (other than the payments, rights, benefits and indemnification to which I am, pursuant to the express provisions extent any and all such claims are legally capable of the Employment Agreement, entitled in connection with my termination of employment, my vested rights under the Company’s Section 401(k) Plan and any worker’s compensation benefits under any Company workers’ compensation insurance policy or fund). In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This Release and Waiver does not pertain to any claims which may subsequently arise in connection with the Company’s default in any of its severance payment obligations under the Employment Agreement or any other obligations thereunder which expressly survive the termination of that Agreement. I acknowledge that, among other rights subject to his Release and Waiver, I am hereby waiving and releasing any rights I may have under ADEA, that this release and waiver is knowing and voluntary, and that the consideration given for this release and waiver is in addition to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver granted herein does not relate to claims which may arise after this release and waiver is executed; (b) I have the right to consult with an attorney prior to executing this release and waiver (although I may choose voluntarily not to do so); and if I am over 40 years old upon execution of this (c) I have twenty-one (21) days from the date of termination of my employment with the Company in which to consider this release and waiver (although I may choose voluntarily to execute this release and waiver earlier); (d) I have seven (7) days following the execution of this release and waiver to revoke my consent to this release and waiverbeing waived; and (evii) this release and waiver shall any claims or potential claims for relief of any kind, including but not be effective until the seven (7)-day revocation period has expired. Date: limited to claims for back pay, 20 EXECUTIVEfront pay, compensatory or punitive damages, reinstatement or other equitable relief, injunctive or declaratory relief, attorneys’ fees, costs, disbursements of any kind.

General Release and Waiver of Claims. In consideration The Executive, hereby acknowledges and certifies that the Executive entered into a letter agreement containing a general release and waiver of the severance payments and other benefits to which I have become entitled, pursuant to that certain Amended and Restated Employment Agreement between Nanogen, Inc., a Delaware corporation claims with Invitation Homes Inc. (the “Company”)) dated February 1, and myself dated , 2007 2023 (the “Employment Agreement), in connection with the termination of my employment on this date, I, , hereby furnish the Company with the following release and waiver (“Release and Waiver”). I Capitalized but undefined terms used herein shall have the meaning set forth in the Agreement. In consideration for the benefits described in the Agreement, the Executive hereby release agrees as follows: Except for the obligations of the Company as stated in the Agreement, the Executive agrees, of the Executive’s own free will, to voluntarily waive, release, and forever discharge the Company, its parents, affiliates, subsidiaries, and related business entities, and all of their respective past and present shareholders, officers, directors, agentsowners, partners, attorneys, authorized representatives, employees, stockholdersagents, and their respective predecessors, successors, and assigns and affiliates (collectively, the “Releasees”) from any and all claimsactions, liabilitieslawsuits, demandsproceedings, causes of actionaction(s), costsclaims, expensescauses, attorney feesdebts, charges, complaints, judgments, damages, indemnities contracts and obligations promises of every kind and natureany kind, in law, equity whether known or otherwise, known and unknown, suspected which the Executive, the Executive’s heirs, executors, administrators, successors and unsuspectedassigns may have from all time in the past through the date of execution of this General Release and Waiver of Claims (“Release”), disclosed and undisclosedincluding, arising from but not limited to all matters or claims relating to my or arising out of the Executive’s employment with the Company and or the termination of that employmentthe Executive’s employment with the Company, whether for tort (including (without limitation) claims negligence), breach of wrongful dischargeexpress or implied contract, intentional infliction of emotional distress, unpaid wages or other compensation, wrongful termination, defamation, fraudlibel or slander, breach of contractor under any federal, breach of the covenant of good faith and fair dealingstate, or local law, as amended, pertaining to discrimination claims based on sex, age, race, sex, national origin, disability handicap, religion, disability, sexual orientation, gender identity or expression, or any other basis category protected under federal, state, or local law. This release of claims includes, but is not limited to, all claims arising under Title VII of the Civil Rights Act of 1964, as amendedthe Employee Retirement Income Security Act of 1974, the California Fair Employment and Housing Act, the Federal Age Discrimination in Employment Act of 1967, as amended 1967 (the “ADEA”), the Older Workers’ Benefit Protection Act of 1990, the Americans with Disability With Disabilities Act, contract claimsas amended, tort claimsthe Family Medical Leave Act, the Worker Adjustment and Retraining Notification Act, the Fair Credit Reporting Act, the Federal False Claims Act, the Occupational Safety and Health Act, the Equal Pay Act, all as amended, and wage other federal, state, and local laws, statutes or benefit claimsordinances; federal and state constitutions; the common law; and any other purported restriction on an employer’s right to terminate the employment of employees. The release contained herein is intended to be a general release of any and all claims to the fullest extent permissible by law. The Executive does not waive or release any claims which arise after the signing of this Release. The Executive acknowledges there might have been claims about which the Executive did not know and the Executive further expressly waives and assumes the risk of any and all claims for damages which may exist as of the date of execution of this Release but which the Executive does not know of or suspect to exist, including whether through ignorance, oversight, error, negligence, or otherwise, whether of the Executive or any other person, and which, if known, would materially affect the Executive’s decision to enter into this Release. Even knowing that, the Executive agrees to execute this Release. Provided the Executive does not revoke this Release, this release shall be effective on the 8th day following the Executive’s execution of this Release. The Executive represents that the Executive has not filed or permitted to be filed against any of the Releasees, individually or collectively, any lawsuit, complaint, charge, proceeding, or the like, before any local, state, or federal agency, court, or other body (each, a “Proceeding”), and the Executive covenants and agrees that the Executive will not do so at any time hereafter with respect to the subject matter of the Release and claims released pursuant to the Release (including, without limitation, any claims relating to the termination of the Executive’s employment), except as may be necessary to enforce the Agreement, to seek a determination of the validity of the waiver of the Executive’s rights under the ADEA, or to initiate or participate in an investigation or proceeding conducted by the Equal Employment Opportunity Commission or any similar governmental agency. Nothing in this Release shall prohibit or impede the Executive from communicating, cooperating or filing a complaint on possible violations of U.S. federal, state or local law or regulation to or with any governmental agency or regulatory authority (collectively, a “Governmental Entity”), including, but not limited to, claims for salarythe SEC, bonusesEEOC, commissionsOSHA, stock grantsor the NLRB, stock optionsor from making other disclosures to any Governmental Entity that are protected under the whistleblower provisions of U.S. federal, vacation state or local law or regulation, provided that in each case such communications and disclosures are consistent with applicable law and the Executive waive any right to recover or receive any monetary damages or other relief, including, but not limited to, back pay, fringe benefitsfront pay, severance pay and attorneys’ fees. The Executive understands and acknowledges that (a) an individual shall not be held criminally or civilly liable under any U.S. federal or state trade secret law for the disclosure of a trade secret that is made (i) in confidence to a U.S. federal, state, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law, or (ii) in a complaint or other form document filed in a lawsuit or other proceeding, if such filing is made under seal, and (b) an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of compensation (other than law may disclose the paymentstrade secret to the attorney of the individual and use the trade secret information in the court proceeding, rightsif the individual files any document containing the trade secret under seal; and does not disclose the trade secret, benefits and indemnification to which I am, except pursuant to court order. Moreover, the express provisions of Executive shall not be required to give prior notice to (or get prior authorization from) the Employment AgreementCompany regarding any such communication or disclosure. Except as otherwise provided in this paragraph or under applicable law, entitled in connection with my termination of employment, my vested rights under no circumstance is the Executive authorized to disclose any information covered by the Company’s Section 401(k) Plan and any worker’s compensation benefits under any Company workersor its affiliates’ compensation insurance policy attorney-client privilege or fund). In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 of the California Civil Code, and any law attorney work product or legal principle of similar effect in any jurisdiction: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This Release and Waiver does not pertain to any claims which may subsequently arise in connection with the Company’s default in any of its severance payment obligations under the Employment Agreement or any other obligations thereunder which expressly survive the termination of that Agreement. I acknowledge that, among other rights subject to his Release and Waiver, I am hereby waiving and releasing any rights I may have under ADEA, that this release and waiver is knowing and voluntary, and that the consideration given for this release and waiver is in addition to anything of value to which I was already entitled as an executive trade secrets without prior written consent of the Company’s Chief Executive Officer. I further acknowledge The Executive expressly represents and acknowledges that I have been advised, as required by the Older Workers Benefit Protection Act, that: (ai) the release and waiver granted herein does not relate to claims which may arise after this release and waiver is executed; (b) I have Company has advised the right Executive to consult with an attorney prior to executing this release and waiver legal counsel, (although I may choose voluntarily not to do so); and if I am over 40 years old upon execution of this (cii) I have that the Executive has had twenty-one (21) days from to review the date Release, (iii) the Release cannot be signed prior to the Termination Date, (iv) the Executive have the right to revoke the Release for a period of termination of my employment with the Company in which to consider this release and waiver (although I may choose voluntarily to execute this release and waiver earlier); (d) I have seven (7) days following the Executive’s execution of the Release (the “Revocation Period”), by giving written notice of such revocation to the Company’s Chief Executive Officer on or before 5:00 p.m. Eastern time on the last day of the Revocation Period and (v) provided the Executive has not revoked the Release during the Revocation Period, the Release shall be effective on the eighth day following the Executive’s execution of this release Release. Acknowledged and waiver to revoke my consent to this release and waiver; and (e) this release and waiver shall not be effective until the seven (7)-day revocation period has expired. agreed: EXECUTIVE /s/ Xxxxxx X. Xxxxxxxx ________________________________________ Xxxxxx X. Xxxxxxxx February 1, 2023____________________________ Date: , 20 EXECUTIVE

General Release and Waiver of Claims. In consideration of the severance payments and other benefits set forth in the Employment Agreement dated August 1, 2011 (the “Agreement”), to which I have become entitledthis form shall be deemed to be attached, pursuant Xxxxxxxx Xxxxxx (“Executive”) hereby agrees to the following general release and waiver of claims (“General Release”). In exchange for the consideration provided to Executive by the Agreement that certain Amended Executive is not otherwise entitled to receive, Executive hereby generally and Restated Employment Agreement between Nanogencompletely releases Cereplast, Inc., a Delaware corporation Inc. (the “Company”)) and its directors, and myself dated , 2007 (the “Employment Agreement), in connection with the termination of my employment on this date, I, , hereby furnish the Company with the following release and waiver (“Release and Waiver”). I hereby release and forever discharge the Company, its officers, directorsemployees, shareholders, partners, agents, employeesattorneys, stockholderspredecessors, successors, parent and subsidiary entities, insurers, affiliates, and assigns and affiliates from any and all claims, liabilitiesliabilities and obligations, demands, causes of action, costs, expenses, attorney fees, damages, indemnities and obligations of every kind and nature, in law, equity or otherwise, both known and unknown, suspected and unsuspectedthat arise out of or are in any way related to events, disclosed and undisclosedacts, arising from conduct, or relating omissions occurring prior to my signing this General Release. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to Executive’s employment with the Company and or the termination of that employment; (2) all claims related to Executive’s compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, or any other ownership interests in the Company; (without limitation3) all claims of wrongful discharge, emotional distress, defamation, fraud, for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, discrimination including claims based on sexfor fraud, agedefamation, raceemotional distress, national originand discharge in violation of public policy; and (5) all federal, disability state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or any other basis claims arising under Title VII of the 1964 Civil Rights Act of 1964Act, as amended, the Age Discrimination in Employment Act, the California Fair Employment and Housing Act, the Federal Age Discrimination in Employment Equal Pay Act of 19671963, as amended, the provisions of the California Labor Code, the Americans with Disabilities Act, the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, as amended (“ADEAERISA”), the Americans with Disability Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act, contract claims, tort claimsthe Xxxxxxxx-Xxxxx Act of 2002, and wage any other state, federal, or benefit claimslocal laws and regulations relating to employment and/or employment discrimination. The only exceptions are claims Executive may have for unemployment compensation and worker’s compensation, including but not limited toAnnual Base Salary (through the date of termination), outstanding business expenses, unused vacation earned through the date of termination of Executive, claims for salary, bonuses, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay or any other form of compensation (other than the payments, rights, to accrued and vested benefits and indemnification to which I am, pursuant to the express provisions of the Employment Agreement, entitled in connection with my termination of employment, my vested rights under the Company’s Section 401(k) Plan employee benefit plans, and claims to the severance benefits which are the consideration for this General Release. Executive expressly waives and relinquishes any worker’s compensation benefits under any Company workers’ compensation insurance policy or fund). In releasing claims unknown to me at present, I am waiving and all rights and benefits Executive now has or may have in the future under the terms of Section 1542 of the California Civil CodeCode of the State of California, and any law or legal principle of similar effect which sections reads in any jurisdictionfull as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” This Release . Notwithstanding said Code Section, Executive knowingly and Waiver does not pertain to any claims which may subsequently arise in connection with voluntarily waives the Company’s default in any provisions of its severance payment obligations under the Employment Agreement or Section 1542 as well as any other obligations thereunder which expressly survive the termination statutory or common law provisions of similar effect and acknowledges and agrees that this waiver is an essential part of this Agreement. I acknowledge Executive acknowledges that, among other rights subject to his Release and Waiverrights, I am hereby Executive is waiving and releasing any rights I Executive may have under ADEA, that this release and waiver General Release is knowing and voluntary, and that the consideration given for this release and waiver General Release is in addition to anything of value to which I Executive was already entitled as an executive of the Company. I Executive further acknowledge that I have Executive has been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver General Release granted herein does not relate to claims under the ADEA which may arise after this release and waiver General Release is executed; (b) I have Executive has the right to consult with an attorney prior to executing this release and waiver General Release (although I Executive may choose voluntarily not to do so); and if I am over 40 years old upon execution of this (c) I have Executive has twenty-one (21) days from the date of termination of my Executive’s employment with the Company in which to consider this release and waiver General Release (although I Executive may choose voluntarily to execute this release and waiver General Release earlier, in which case he voluntarily waives the remainder of the twenty-one (21) day period); (d) I have Executive has seven (7) days following the execution of this release and waiver General Release to revoke my his consent to this release and waiverGeneral Release; and (e) this release and waiver General Release shall not be effective until the seven (7)-day 7) day revocation period has expired. Date: Executive acknowledges his continuing obligations under the Proprietary Information and Inventions Agreement and the non-solicitation provisions set forth in Section 6 of the Agreement. Nothing contained in this General Release shall be deemed to modify, 20 EXECUTIVEamend or supersede the obligations set forth in that agreement. By signing this General Release, Executive hereby represents that he is not aware of any affirmative conduct or the failure to act on the part of the Company, its officers, directors, and/or employees concerning the Company’s business practices, its reporting obligations, its customers and/or prospective customers, its products, and/or any other any other aspect of the Company’s business, which Executive has any reason to believe rises to the level of unfair, improper and/or unlawful conduct pursuant to any state or federal law, rule, regulation or order, including, but not limited to, any rule, regulation or decision promulgated or enforced by the Securities and Exchange Commission, or which has been promulgated or enforced by any other state or federal office or administrative body pursuant to the Xxxxxxxx-Xxxxx Act of 2002. With the exception of the terms set forth in the Proprietary Information Agreement and the non-solicitation provisions set forth in Section 6 of the Agreement, this General Release constitutes the complete, final and exclusive embodiment of the entire agreement between the Company and Executive with regard to the subject matter hereof. Executive is not relying on any promise or representation by the Company that is not expressly stated herein and the Company is not relying on any promise or representation by Executive that is not expressly stated herein. This General Release may only be modified by a writing signed by both Executive and a duly authorized officer of the Company. The Company and Executive agree that for a period of ten (10) years after Executive’s employment with the Company ceases, they will not, in any communication with any person or entity, including any actual or potential customer, client, investor, vendor, or business partner of the Company, or any third party media outlet, make any derogatory or disparaging or critical negative statements — orally, written or otherwise — against the other, or against the Executive’s estate or affiliates, any of the Company’s directors, officers or employees. The parties acknowledge and agree that the obligation on the part of the Company not to make any derogatory statements as set forth in this paragraph shall only apply to the Company’s officers and directors. The parties agree that this General Release does not in any way compromise or lessen Executive’s rights to be indemnified by the Company pursuant to the Company’s by-laws or certificate of incorporation, or otherwise be covered under any applicable insurance policies that Executive would otherwise be entitled to receive and/or be covered by. Except as limited by applicable federal and state corporate and securities laws, and the requirements of the exchange(s) on which the Company’s shares are listed including, without limitation, requirements relating to claw-back of executive compensation, and the Company’s policies relating to such limitations, the parties agree that this General Release does not preclude Executive from enforcing his ownership rights pertaining to any stock or stock options which may have been purchased by Executive or granted to Executive by the Company pursuant to a written stock option grant and/or as memorialized in a written Board Resolution (and as reported periodically in the Company’s proxy statements). CEREPLAST, INC. XXXXXXXX XXXXXX By Its EXHIBIT B TO XXXXXXXX XXXXXX EMPLOYMENT AGREEMENT Dated August 1, 2011 CEREPLAST, INC. CONFIDENTIAL INFORMATION AND ASSIGNMENT OF INVENTIONS AGREEMENT As an employee of Cereplast, Inc., its subsidiary or its affiliate (together, the “Company”), and in consideration of the compensation now and hereafter paid to me, I agree to the following:

General Release and Waiver of Claims. In I acknowledge, understand and agree that in consideration of CBS Corporation’s (“CBS”) agreement to pay me the severance payments and other benefits to described in Section 4 of the Separation Agreement between CBS and me, dated February 22, 2019 (which I have become entitled, pursuant to that certain Amended payments and Restated benefits are also described in paragraph 7(c)(ii) of the Employment Agreement between NanogenCBS and me, Inc.dated as of June 1, a Delaware corporation (the “Company”)2017 and as subsequently amended on April 25, and myself dated , 2007 2018 (the “Employment Agreement”)), l have no claim against CBS or any predecessor, or any subsidiaries and other related entities, and/or their respective officers, directors and employees (hereinafter collectively referred to as the “Company”) and I HEREBY WAIVE (GIVE UP) ANY CLAIMS WHICH I MAY NOW HAVE, WHETHER KNOWN OR UNKNOWN, AGAINST the Company, and will not now, or in connection with the termination future, accept any recovery in any forum, nor will I pursue or institute any claim, suit or legal action against the Company or their successors and assigns, which is based upon or arises out of any aspect of my employment on this date, I, , hereby furnish with or separation from the Company with the following release and waiver (“Release and Waiver”). I hereby release and forever discharge the Companyincluding, its officersbut not limited to, directors, agents, employees, stockholders, successors, assigns and affiliates from any and all claims, liabilities, demands, causes of action, costs, expenses, attorney claims for attorneys’ fees, damagesany claims which l may have under any contract or policy, indemnities whether such contract or policy is written or oral, express or implied, and obligations of every kind and natureany claims which I may have based upon any Federal, in lawState or Local statutes, equity orders or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or relating to my employment with the Company and the termination of that employmentregulations, including but not limited to those concerning leaves of absence (without limitationincluding the Family and Medical Leave Act of 1993, as amended) claims of wrongful dischargeand those concerning discrimination on any basis including, emotional distressbut not limited to, defamationrace, fraudcolor, breach of contractcreed or religion, breach of the covenant of good faith and fair dealing, discrimination claims based on sex, age, racesexual harassment, national origin, disability or any other basis under Title VII of age (including the Civil Rights Act of 1964, as amended, the California Fair Employment and Housing Act, the Federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”amended), handicap or disability, marital status, height, weight, sexual orientation or genetic information. Notwithstanding the Americans with Disability Actforegoing, contract claims, tort claims, and wage or benefit claimsI have not waived and/or relinquished any rights I may have to file any claim that cannot be waived and/or relinquished pursuant to applicable laws, including but not limited to, claims for salary, bonuses, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay the right to file a charge or participate in any investigation with the Equal Employment Opportunity Commission or any other form governmental or administrative agency. In addition, I have not waived and/or relinquished any rights I may have to enforce the terms of compensation the Separation Agreement (other than the payments, rights, benefits and indemnification to which I am, pursuant to the express provisions of or the Employment Agreement, entitled in connection with my termination of employmentto the extent not superseded by the Separation Agreement), my or any rights I may have to vested rights benefits under employee benefit plans (such as 401(k)) or the Company’s deferral plans; to indemnification under the Company’s Section 401(karticles of incorporation, by-laws or state law, to unemployment benefits (application for which CBS shall not contest) Plan and any worker’s compensation benefits under any Company or workers’ compensation insurance policy benefits. I hereby expressly waive and release any and all rights, causes of action, liabilities, demands, and claims of any kind or fund). In releasing claims unknown to me at present, I am waiving all rights and benefits nature under Section 1542 of the California Civil CodeCode or any analogous state, local or federal law, and any law or legal principle do so understanding and acknowledging the significance and consequence of similar effect in any jurisdictionsuch specific waiver of Section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the releaseGENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, which if known by him must have materially affected his settlement with the debtorWHICH IF KNOWN TO HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” This Release and Waiver does release is not pertain intended to apply to insured or vested benefits, if any, for which I am eligible, pursuant to the terms of any claims employee benefit plan in which may subsequently arise in connection with the Company’s default in any of its severance payment obligations under the Employment Agreement I am, or any other obligations thereunder which expressly survive the termination of that Agreementhave been, a participant. I acknowledge that, among other rights subject to his Release and WaiverHAVE CAREFULLY READ AND FULLY UNDERSTAND THE PROVISIONS OF THIS ACKNOWLEGMENT AND RELEASE OF CLAIMS. I UNDERSTAND THAT I HAVE THE RIGHT TO AND CONFIRM THAT I HAVE CONSULTED AN ATTORNEY BEFORE SIGNING THIS ACKNOWLEDGMENT AND RELEASE OF CLAIMS. I UNDERSTAND THAT I HAVE NOT LESS THAN 21 DAYS FROM THE DATE OF RECEIVING THIS ACKNOWLEDGMENT AND RELEASE OF CLAIMS TO CONSIDER IT AND TO CONSULT FURTHER WITH AN ATTORNEY. I ALSO UNDERSTAND THAT IF I SIGN THIS RELEASE, I am hereby waiving and releasing any rights I may have under ADEA, that this release and waiver is knowing and voluntary, and that the consideration given for this release and waiver is in addition to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver granted herein does not relate to claims which may arise after this release and waiver is executed; (b) I have the right to consult with an attorney prior to executing this release and waiver (although I may choose voluntarily not to do so); and if I am over 40 years old upon execution of this (c) I have twenty-one (21) days from the date of termination of my employment with the Company in which to consider this release and waiver (although I may choose voluntarily to execute this release and waiver earlier); (d) I have seven HAVE SEVEN (7) days following the execution of this release and waiver to revoke my consent to this release and waiver; and DAYS TO REVOKE IT. I UNDERSTAND THAT TO REVOKE THIS RELEASE, I MUST PUT THE REVOCATION IN WRITING AND DELIVER IT BY HAND OR BY MAIL TO XXXXXXX X. XXXXXXX, EXECUTIVE VICE PRESIDENT, CHIEF ADMINISTRATIVE OFFICER, CBS CORPORATION, 00 XXXX 00XX XXXXXX, XXX XXXX, XX 00000 (eIF BY ELECTRONIC MAIL, TO XX. XXXXXXX’X CORPORATE EMAIL ADDRESS) this release and waiver shall not be effective until the seven (7)-day revocation period has expiredIT MUST BE RECEIVED) WITHIN SEVEN (7) CALENDAR DAYS OF THE DATE I SIGNED IT. Date: I FURTHER UNDERSTAND THAT PAYMENTS TO WHICH I MAY BECOME ENTITLED BY SIGNING THIS RELEASE WILL NOT BE PAID UNTIL AFTER THE 7 DAYS DURING WHICH I MAY REVOKE IT, 20 EXECUTIVEOR AFTER THE TERMINATION DATE, WHICHEVER IS LATER I AM SIGNING THIS RELEASE VOLUNTARILY. XXXXXXXX X. TU DATE

General Release and Waiver of Claims. In exchange for the consideration of provided in this Agreement, the severance payments Employee and other benefits to which I have become entitledhis heirs, pursuant to that certain Amended executors, representatives, agents, insurers, administrators, successors and Restated Employment Agreement between Nanogenassigns (collectively, Inc., a Delaware corporation (the “CompanyReleasors”)) irrevocably and unconditionally fully and forever waive, and myself dated , 2007 (the “Employment Agreement), in connection with the termination of my employment on this date, I, , hereby furnish the Company with the following release and waiver (“Release and Waiver”). I hereby release and forever discharge the Company, its including subsidiaries, affiliates, predecessors, successors and assigns, and all of their respective officers, directors, agents, and employees, stockholdersin their corporate and individual capacities (collectively, successors, assigns and affiliates the “Releasees”) from any and all claims, liabilitiesdemands, demandsactions, causes of actionactions, costsobligations, expensesjudgments, attorney rights, fees, damages, indemnities debts, obligations, liabilities and obligations expenses (inclusive of every attorneys’ fees) of any kind and naturewhatsoever (collectively, in “Claims”), whether known or unknown, from the beginning of time to the Separation Date, including, without limitation, any claims under any federal, state, local or foreign law, equity that Releasors may have, have ever had or otherwisemay in the future have arising out of, known and unknownor in any way related to the Employee’s hire, suspected and unsuspectedbenefits, disclosed and undisclosedemployment, arising termination or separation from or relating to my employment with the Company and any actual or alleged act, omission, transaction, practice, conduct, occurrence or other matter, including, but not limited to (i) any and all claims under Title VII of the termination Civil Rights Act, as amended, the Americans with Disabilities Act, as amended, the Family and Medical Leave Act, as amended, the Fair Labor Standards Act, the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Section 1981 of U.S.C. Title 42, the Xxxxxxxx-Xxxxx Act of 2002, as amended, the Worker Adjustment and Retraining Notification Act, as amended, [the National Labor Relations Act, as amended, the Age Discrimination in Employment Act, as amended, the Uniform Services Employment and Reemployment Rights Act, as amended, the Genetic Information Nondiscrimination Act of 2008, and all state and local laws that employmentmay be legally waived all of their respective implementing regulations and/or any other federal, state, local or foreign law (statutory, regulatory or otherwise) that may be legally waived and released; (ii) any and all claims for compensation of any type whatsoever, including but not limited to claims for salary, wages, bonuses, commissions, incentive compensation, vacation and/or severance; (without limitationiii) any and all claims arising under tort, contract and/or quasi-contract law, including but not limited to claims of wrongful discharge, emotional distress, defamation, fraud, breach of an expressed or implied contract, tortious interference with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, discrimination claims based on sexpromissory estoppel, agedetrimental reliance, raceinvasion of privacy, national originnonphysical injury, disability personal injury or sickness or any other basis under Title VII harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, negligent or intentional infliction of the Civil Rights Act of 1964, as amended, the California Fair Employment emotional distress; and Housing Act, the Federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”), the Americans with Disability Act, contract claims, tort claims, iv) any and wage all claims for monetary or benefit claimsequitable relief, including but not limited toto attorneys’ fees, claims for salary, bonuses, commissions, stock grants, stock options, vacation back pay, fringe benefitsfront pay, severance pay reinstatement, experts’ fees, medical fees or any other form of compensation (other than the paymentsexpenses, rightscosts and disbursements. However, benefits and indemnification to which I am, pursuant to the express provisions of the Employment Agreement, entitled in connection with my termination of employment, my vested rights under the Company’s Section 401(k) Plan and any worker’s compensation benefits under any Company workers’ compensation insurance policy or fund). In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction: “A general this release does not extend apply to obligations of the Company set forth in this Agreement. The Company, and its officers and directors, hereby irrevocably and unconditionally fully and forever waive, release and discharge Employee from any and all claims, demands, causes of action and liabilities of any kind whatsoever, whether known or unknown, from the beginning of time through the Separation Date, except for obligations of the Employee set forth in this Agreement and except for fraudulent or intentional acts presently unknown to Company. However, this general release and waiver of claims excludes, and the Employee does not waive, release or discharge, (i) any right to file an administrative charge or complaint with the Equal Employment Opportunity Commission or other administrative agency, although the Employee waives any right to monetary relief related to such a charge or administrative complaint; and (ii) claims which cannot be waived by law, such as claims for unemployment benefit rights and workers’ compensation. If the creditor does Employee applies for unemployment benefits, the Company shall not know or suspect to exist in his favor at contest it. When so required, the time Company will answer any inquiries by the Department of executing the release, which if known by him must have materially affected his settlement with the debtor.” This Release and Waiver does not pertain to any claims which may subsequently arise in connection with the Company’s default in any of its severance payment obligations under the Employment Agreement or any other obligations thereunder which expressly survive Labor concerning the termination of that Agreement. I acknowledge that, among other rights subject to his Release and Waiver, I am hereby waiving and releasing any rights I may have under ADEA, that this release and waiver is knowing and voluntary, and that the consideration given for this release and waiver is Employee’s employment in addition to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver granted herein does not relate to claims which may arise after this release and waiver is executed; (b) I have the right to consult with an attorney prior to executing this release and waiver (although I may choose voluntarily not to do so); and if I am over 40 years old upon execution of this (c) I have twenty-one (21) days from the date of termination of my employment with the Company in which to consider this release and waiver (although I may choose voluntarily to execute this release and waiver earlier); (d) I have seven (7) days following the execution of this release and waiver to revoke my consent to this release and waiver; and (e) this release and waiver shall not be effective until the seven (7)-day revocation period has expired. Date: , 20 EXECUTIVEa truthful manner.

General Release and Waiver of Claims. In consideration of the severance The payments and promises set forth in this Second Release are in full satisfaction of all accrued salary, vacation pay, bonus and commission pay, profit-sharing, stock, stock options or other benefits to which I have become entitled, pursuant to that certain Amended and Restated Employment Agreement between Nanogen, Inc., a Delaware corporation (the “Company”), and myself dated , 2007 (the “Employment Agreement), ownership interest in connection with the termination of my employment on this date, I, , hereby furnish the Company with the following release and waiver (“Release and Waiver”). I hereby release and forever discharge the Company, its officerstermination benefits or other compensation to which Executive may be entitled by virtue of Executive’s employment with the Company or Executive’s separation from the Company, directorsincluding pursuant to the Transition Agreement. To the fullest extent permitted by law, agentsExecutive, employees, stockholdersindividually and on behalf of his representatives, successors, assigns and affiliates from assigns, hereby releases and waives any and all claims, liabilitiesrights, demands, actions, obligations, and causes of actionaction of any and every kind, costsnature and character Executive may have against the Company, expensesand each of its present and former parents, attorney feessubsidiaries, damagesdivisions, indemnities affiliates, and obligations of every kind its and naturetheir respective predecessors in interest, in lawmembers, equity or otherwisepartners, known principals, shareholders, subscribers, consultants, professional advisors, directors, officers, agents, attorneys, employees, and unknownrepresentatives, suspected and unsuspected, disclosed and undisclosed, arising from or relating to my employment with the Company and the termination successors and assigns of that employmenteach of them (collectively “Company Releasees”), including (whether known or not known, including, without limitation) , claims under the Employment Agreement, claims under any employment laws, including, but not limited to, claims of wrongful unlawful discharge, emotional distress, defamation, fraud, breach of contract, breach of the covenant of good faith and fair dealing, discrimination fraud, violation of public policy, defamation, physical injury, emotional distress, claims based on sexfor additional compensation or benefits arising out of Executive’s employment or separation of employment, age, race, national origin, disability or any other basis claims under Title VII of the 1964 Civil Rights Act of 1964Act, as amended, the California Fair Employment and Housing ActAct and any other laws and/or regulations relating to employment or employment discrimination, including, without limitation, claims based on age or under the Federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”), the Americans with Disability Act, contract claims, tort claims, and wage or benefit claims, including but not limited to, claims for salary, bonuses, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay or any other form of compensation (other than the payments, rights, benefits and indemnification to which I am, pursuant to the express provisions of the Employment Agreement, entitled in connection with my termination of employment, my vested rights under the Company’s Section 401(k) Plan and any worker’s compensation benefits under any Company workers’ compensation insurance policy or fund). In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This Release and Waiver does not pertain to any claims which may subsequently arise in connection with the Company’s default in any of its severance payment obligations under the Employment Agreement or any other obligations thereunder which expressly survive the termination of that Agreement. I acknowledge that, among other rights subject to his Release and Waiver, I am hereby waiving and releasing any rights I may have under ADEA, that this release and waiver is knowing and voluntary, and that the consideration given for this release and waiver is in addition to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, thatand/or claims based on disability or under the Americans with Disabilities Act. To the fullest extent permitted by law, the Company hereby releases and waives any and all claims, rights, demands, actions, obligations, and causes of action of any and every kind, nature and character the Company may have against Executive and Executive’s successors and assigns (collectively “Executive Releasees”), whether known or not known, except for claims for fraud, misappropriation of trade secrets or material breach of the ECIIAA (“Excluded Claims”). The Company is not presently aware of any acts or omissions by Executive, or otherwise any facts, upon which Excluded Claims could be based. By signing below, Executive and the Company expressly waive any benefits of Section 1542 of the Civil Code of the State of California, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Executive and the Company do not intend to release claims: (ai) the that Executive may not release and waiver granted herein does as a matter of law, including but not relate limited to claims which may arise after this release and waiver is executedfor indemnity under California Labor Code Section 2802, (ii) for indemnification or fiduciary insurance pursuant to the Company’s Certificate of Incorporation, Bylaws or other agreements with the Company; or (biii) I have the right to consult with an attorney prior to executing this release and waiver (although I may choose voluntarily not to do so); and if I am over 40 years old upon execution for enforcement of this (c) I have twenty-one (21) days from Agreement.. To the date of termination of my employment with fullest extent permitted by law, any dispute regarding the Company in which to consider this release and waiver (although I may choose voluntarily to execute this release and waiver earlier); (d) I have seven (7) days following the execution scope of this general release and waiver to revoke my consent to this release and waiver; and (e) this release and waiver shall not be effective until determined by an arbitrator under the seven (7)-day revocation period has expired. Date: , 20 EXECUTIVEprocedures set forth in the arbitration clause set forth in the Transition Agreement.

General Release and Waiver of Claims. In consideration (a) You agree to and do waive any claims you may have for employment by the Company. You, on your own behalf and on behalf of the severance payments your heirs, estate and other benefits to which I have become entitledbeneficiaries, pursuant to that certain Amended and Restated Employment Agreement between Nanogen, Inc., a Delaware corporation (the “Company”), and myself dated , 2007 (the “Employment Agreement), in connection with the termination of my employment on this date, I, , hereby furnish the Company with the following release and waiver (“Release and Waiver”). I further do hereby release and forever discharge the Company, and in those capacities, any of its Affiliates, and each of their respective past, present and future officers, directors, agents, employees, stockholdersshareholders, successorsinvestors, employee benefit plans and their administrators, trustees or fiduciaries, insurers of any of those entities, and its and their successors and assigns and affiliates others related to those entities (collectively, the “Released Parties”) from any and all claimsclaims made, liabilitiesto be made, demands, causes or which might have been made of action, costs, expenses, attorney fees, damages, indemnities and obligations of every kind and whatever nature, in law, equity whether known or otherwise, known and unknown, suspected and unsuspectedfrom the beginning of time, disclosed and undisclosed, arising from or relating to my including those that arose as a consequence of your employment with the Company and Company, or arising out of the termination of your employment with the Company, or any act committed or omitted during or after the existence of that employmentemployment relationship, all up through and including (without limitation) claims the date on which this Agreement is executed, including, but not limited to, those which were, could have been or could be the subject of an administrative or judicial proceeding filed by you or on your behalf under federal, state or local law, whether by statute, regulation, in contract or tort, and including, but not limited to, for front pay, back pay, wages, bonus, fringe benefit, any form of discrimination, wrongful dischargetermination, tort, emotional distress, defamation, fraudpain and suffering, breach of contract, breach of the covenant of good faith fraud, defamation, compensatory or punitive damages, interest, attorney’s fees, reinstatement or reemployment, and fair dealing, discrimination any rights or claims based on sex, age, race, national origin, disability or any other basis under Title VII of the Civil Rights Act of 1964, as amended1866, the California Fair Employment and Housing Act, the Federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”)29 U.S.C. sec. 621, the Americans with Disability Actet seq., contract claims, tort claims, and wage or benefit claims, including but not limited to, claims for salary, bonuses, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay or any other form of compensation (other than the payments, rights, benefits and indemnification to which I am, pursuant to the express provisions of the Employment Agreement, entitled in connection with my termination of employment, my vested rights under the Company’s Section 401(k) Plan and any worker’s compensation benefits under any Company workers’ compensation insurance policy or fund). In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This Release and Waiver does not pertain to any claims which may subsequently arise in connection with the Company’s default in any of its severance payment obligations under the Employment Agreement or any other obligations thereunder which expressly survive the termination of that Agreement. I acknowledge that, among other rights subject to his Release and Waiver, I am hereby waiving and releasing any rights I may have under ADEA, that this release and waiver is knowing and voluntary, and that the consideration given for this release and waiver is in addition to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: the Americans with Disabilities Act, the Family and Medical Leave Act, the Civil Rights Act of 1964, Title VII, the Civil Rights Act of 1991, the Employee Retirement Income Security Act of 1974, the Equal Pay Act, the Worker Adjustment and Retraining Notification Act, the Massachusetts Fair Employment Practices Act (aM.G.L. c.151B), the Massachusetts Civil Rights Act, the Massachusetts Equal Pay and Maternity Benefits Law, the Massachusetts Equal Rights for Elderly and Disabled Law, the Massachusetts Small Necessities Leave Act, the Massachusetts Age Discrimination Law, the Massachusetts Wage Payment Statutes (M.G.L. c.149, 148, 150), the Massachusetts Earned Sick Xxx Xxx (MGL Ch. 149, Section 148C) and any other federal, state or local law, in each case, as amended, relating to employment, discrimination in employment, termination of employment, wages, benefits or otherwise. You acknowledge and agree that even though claims and facts in addition to those now known or believed by you to exist may subsequently be discovered, it is your intention to fully settle and release all claims you may have against the release Company and waiver granted herein does the Released Parties, whether known, unknown or suspected. The Released Parties who are not relate party to claims which may arise after this release and waiver is executed; (b) I have the right to consult with an attorney prior to executing this release and waiver (although I may choose voluntarily not to do so); and if I am over 40 years old upon execution Agreement will be third-party beneficiaries of this (c) I have twenty-one (21) days from the date of termination of my employment with the Company in which to consider this release and waiver (although I may choose voluntarily to execute this release and waiver earlierSection 11(a); (d) I have seven (7) days following the execution of this release and waiver to revoke my consent to this release and waiver; and (e) this release and waiver shall not be effective until the seven (7)-day revocation period has expired. Date: , 20 EXECUTIVE.

General Release and Waiver of Claims. In consideration of the severance covenants, payments and other benefits to which I have become entitledset forth herein, pursuant to that certain Amended Executive unconditionally, irrevocably and Restated Employment Agreement between Nanogenabsolutely releases and discharges DocuSign and all of its current, Inc., a Delaware corporation (the “Company”)former, and myself dated future parent corporations, 2007 (the “Employment Agreement)subsidiary corporations, in connection with the termination of my employment on this dateaffiliate corporations, Iand its and their directors, , hereby furnish the Company with the following release and waiver (“Release and Waiver”). I hereby release and forever discharge the Company, its officers, directors, agents, and employees, stockholders, successors, and each of their successors and assigns and affiliates (hereinafter referred to collectively as the “Released Parties”) from any and all claimsknown and unknown losses, liabilities, claims, demands, causes of actionaction or suits of any type, costswhether in law or in equity, expensesrelated directly or indirectly, attorney feesor in any way connected with any transaction, damagesaffairs, indemnities or occurrences between them (collectively, the “Released Claims”), including, without limitation, Executive’s employment with DocuSign, Executive’s application for employment with DocuSign and obligations of every kind any associated background check process, any rights or benefits that would otherwise apply under the Severance and natureCIC Documentation, in law, equity the Offer Letter or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising and/or Executive’s resignation from or relating to my employment with the Company and the termination of that said employment, including (in each case through the date hereof. The Released Claims specifically include, without limitation) , any and all contract or tort claims, claims of for wrongful dischargetermination, retaliation, employment discrimination, emotional distress, fraud, misrepresentation, defamation, fraudinvasion of privacy, interference with prospective economic advantage, breach of contract, breach of misrepresentation, promissory estoppel or reliance, exemption misclassification, failure to pay wages due or other monies owed, including, without limitation, severance, overtime compensation, accrued and unused vacation; claims for penalties, interest, attorneys’ fees and costs, including but not limited to penalties recoverable under the covenant of good faith Private Attorneys General Act; and fair dealing, discrimination claims based on sex, age, race, national origin, disability or any other basis arising under Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment and Housing Americans with Disabilities Act, the Federal Equal Pay Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the Age Discrimination in Employment Act of 1967, as amended (“ADEA”); the Older Workers’ Benefit Protection Act of 1990, as amended, the Americans with Disability California Family Rights Act, contract claimsthe California Fair Employment and Housing Act, tort claimsthe Occupational Safety and Health Act, and wage or benefit claimsthe California Labor Code, including but not limited toto the Private Attorneys General Act, any applicable California Industrial Wage Orders, all as amended, and any other local, state or federal law, rule, or regulation relating to or affecting Executive’s employment by DocuSign. Executive and the Company do not intend to release claims that Executive may not release as a matter of law, including but not limited to claims for salaryindemnity under California Labor Code Section 2802, bonusesunder the indemnification agreement between Executive and the Company, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay or indemnification under any other form of compensation (other than the payments, rights, benefits and indemnification to which I am, pursuant to the express provisions organizational document of the Employment AgreementCompany, entitled in connection with my termination of employmentdirectors’ and officers’ insurance coverage, my vested rights under the Company’s Section 401(k) Plan and any worker’s compensation benefits under claims that Executive may possess or claim that cannot be released as a matter of law, although Executive represents that Executive she is not currently aware of any Company workers’ compensation insurance policy such claim, or fund). In releasing any claims unknown to me at present, I am waiving all rights and benefits for enforcement of this Second Release or payments under Section 1542 3 of the California Civil CodeSeparation Agreement. To the fullest extent permitted by law, any dispute regarding the scope of this general release shall be determined by an arbitrator under the procedures set forth in the arbitration clause contained in the At-Will Employment, Confidential Information, Invention Assignment, and any law or legal principle of similar effect in any jurisdiction: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This Release and Waiver does not pertain to any claims which may subsequently arise in connection with the Company’s default in any of its severance payment obligations under the Employment Agreement or any other obligations thereunder which expressly survive the termination of that Arbitration Agreement. I acknowledge that, among other rights subject to his Release and Waiver, I am hereby waiving and releasing any rights I may have under ADEA, that this The release and waiver is knowing and voluntary, and that the consideration given for this release and waiver is in addition to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver granted contained herein does not relate to claims which may arise after this release and waiver is executed; (b) I have the right to consult with an attorney prior to executing this release and waiver (although I may choose voluntarily not to do so); and if I am over 40 years old upon execution of this (c) I have twenty-one (21) days from the date of termination of my employment with the Company in which to consider this release and waiver (although I may choose voluntarily to execute this release and waiver earlier); (d) I have seven (7) days following the execution of this release and waiver to revoke my consent to this release and waiver; and (e) this release and waiver shall not be effective until the seven (7)-day revocation period has expired. Date: , 20 EXECUTIVEconstrued to waive any right to apply for unemployment insurance benefits.

General Release and Waiver of Claims. In exchange for the consideration of the severance payments set forth herein, you hereby bind yourself and other benefits to which I have become entitledyour heirs, pursuant to that certain Amended beneficiaries, trustees, administrators, executors, assigns, agents and Restated Employment Agreement between Nanogenlegal representatives (collectively, Inc., a Delaware corporation (the “CompanyReleasors”), and myself dated hereby waive and release to the maximum extent permitted by applicable law any and all claims or causes of action, 2007 (the “Employment Agreement)whether known or unknown, in connection with the termination of my employment on this date, I, , hereby furnish against the Company with the following release and waiver and/or its predecessors, successors, past or present parents or subsidiaries, affiliated companies, or related entities (“Release and Waiver”). I hereby release and forever discharge collectively, including the Company, its the “Entities”) and/or the Entities’ respective past or present insurers, officers, directors, agents, attorneys, employees, stockholdersshareholders, successorsinvestors, assigns and affiliates from employee benefit plans (collectively with the Entities, the “Released Parties”), with respect to any matter, including, without limitation, any matter related to your relationship with the Company or your employment with the Company. This waiver and release includes, without limitation, claims under the Employee Retirement Income Security Act (ERISA); claims for attorneys’ fees or costs; any and all claims for or related to stock, stock options, RSUs or other equity securities of the Company; penalties claims, liabilities, demands, causes of action, costs, expenses, attorney fees, damages, indemnities ; wage and obligations of every kind and nature, in law, equity or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or relating to my employment with the Company and the termination of that employment, including (without limitation) hour claims; statutory claims; tort claims; contract claims; claims of wrongful discharge, constructive discharge, emotional distress, defamation, conversion, invasion of privacy, fraud, promissory estoppel, misrepresentation, breach of contract, breach of fiduciary duty, and breach of the covenant of good faith and fair dealing, ; claims for retaliation; claims related to discrimination claims or harassment based on sexany protected basis, age, race, national origin, disability or any other basis under Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment and Housing Act, the Federal Americans with Disabilities Act, the Age Discrimination in Employment Act of 1967, as amended (“ADEA”)Act, the Americans with Disability Act, contract claims, tort claims, and wage or benefit claims, including but not limited to, claims for salary, bonuses, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay Utah Antidiscrimination Act or any other form of compensation federal, state, or local law prohibiting discrimination, harassment or retaliation; and claims under all other federal, state and local laws, ordinances and regulations. Notwithstanding the foregoing, the following are not included in the released claims (other than the payments, rights, benefits and “Excluded Claims”): (i) any rights or claims for indemnification you may have pursuant Exhibit 10.1 to your applicable written indemnification agreement with the Company to which I amyou are a party, pursuant to under the express provisions charter, bylaws or operating agreements of the Employment AgreementCompany, entitled in connection with my termination or under applicable law; (ii) any rights which cannot be waived as a matter of employment, my vested law; (iii) any rights under the Company’s Section 401(k) Plan and any worker’s compensation benefits under any Company you have to file or pursue a claim for workers’ compensation insurance policy or fund). In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This Release and Waiver does not pertain to unemployment insurance; (iv) any claims which may subsequently arise in connection with arising from the Company’s default in breach of this Agreement; and (v) any of its severance payment obligations under claims arising after the Employment Agreement date you sign this Agreement. You agree not to pursue any action nor seek damages or any other obligations thereunder which expressly survive remedies for any released claims. You agree to execute any and all documents necessary to request dismissal or withdrawal, or to opt-out, of such claims with prejudice. Further, you agree not to participate in, seek to recover in, or assist in any litigation or investigation by other persons or entities against the termination of Released Parties, except as required by law. You understand that Agreementnothing in this Agreement limits your ability to file a charge or complaint with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local government agency or commission (“Government Agencies”). I acknowledge that, among other rights subject to his Release and Waiver, I am hereby waiving and releasing any rights I may have under ADEA, You further understand that this release and waiver is knowing and voluntaryAgreement does not limit your ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, and that the consideration given for this release and waiver is in addition including providing documents or other information, without notice to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver granted herein This Agreement does not relate to claims which may arise after this release and waiver is executed; (b) I have the limit your right to consult with receive an attorney prior award for information provided to executing this release and waiver (although I may choose voluntarily any Government Agencies. You agree you will not knowingly encourage, counsel, or assist any attorneys or their clients in the presentation or prosecution of any disputes, differences, grievances, claims, charges, or complaints by any third party against any of the Released Parties, unless under a subpoena or other court order to do so); and if I am over 40 years old upon execution of this (c) I have twenty-one (21) days from the date of termination of my employment with . You agree both to immediately notify the Company upon receipt of any such subpoena or court order. Nothing herein shall prohibit or impair you or the Company from complying with all applicable laws, nor shall this Agreement be construed to obligate either party to commit (or aid or abet in which to consider this release and waiver (although I may choose voluntarily to execute this release and waiver earlier); (dthe commission of) I have seven (7) days following the execution of this release and waiver to revoke my consent to this release and waiver; and (e) this release and waiver shall not be effective until the seven (7)-day revocation period has expired. Date: , 20 EXECUTIVEany unlawful act.

General Release and Waiver of Claims. In consideration (a) You agree to and do waive any claims you may have for employment by the Company. You, on your own behalf and on behalf of the severance payments your heirs, estate and other benefits to which I have become entitledbeneficiaries, pursuant to that certain Amended and Restated Employment Agreement between Nanogen, Inc., a Delaware corporation (the “Company”), and myself dated , 2007 (the “Employment Agreement), in connection with the termination of my employment on this date, I, , hereby furnish the Company with the following release and waiver (“Release and Waiver”). I further do hereby release and forever discharge the Company, and in those capacities, any of its Affiliates, and each of their respective past, present and future officers, directors, agents, employees, stockholdersshareholders, successorsinvestors, employee benefit plans and their administrators, trustees or fiduciaries, insurers of any of those entities, and its and their successors and assigns and affiliates others related to those entities (collectively, the “Released Parties”) from any and all claimsclaims made, liabilitiesto be made, demands, causes or which might have been made of action, costs, expenses, attorney fees, damages, indemnities and obligations of every kind and whatever nature, in law, equity whether known or otherwise, known and unknown, suspected and unsuspectedfrom the beginning of time, disclosed and undisclosed, arising from or relating to my including those that arose as a consequence of your employment with the Company and Company, or arising out of the termination of your employment with the Company, or any act committed or omitted during or after the existence of that employmentemployment relationship, all up through and including (without limitation) claims the date on which this Agreement is executed, including, but not limited to, those which were, could have been or could be the subject of an administrative or judicial proceeding filed by you or on your behalf under federal, state or local law, whether by statute, regulation, in contract or tort, and including, but not limited to, for front pay, back pay, wages, bonus, fringe benefit, any form of discrimination, wrongful dischargetermination, tort, emotional distress, defamation, fraudpain and suffering, breach of contract, breach of the covenant of good faith fraud, defamation, compensatory or punitive damages, interest, attorney’s fees, reinstatement or reemployment, and fair dealing, discrimination any rights or claims based on sex, age, race, national origin, disability or any other basis under Title VII of the Civil Rights Act of 1964, as amended1866, the California Fair Employment and Housing Act, the Federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”)29 U.S.C. sec. 621, the Americans with Disability Actet seq., contract claims, tort claims, and wage or benefit claims, including but not limited to, claims for salary, bonuses, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay or any other form of compensation (other than the payments, rights, benefits and indemnification to which I am, pursuant to the express provisions of the Employment Agreement, entitled in connection with my termination of employment, my vested rights under the Company’s Section 401(k) Plan and any worker’s compensation benefits under any Company workers’ compensation insurance policy or fund). In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This Release and Waiver does not pertain to any claims which may subsequently arise in connection with the Company’s default in any of its severance payment obligations under the Employment Agreement or any other obligations thereunder which expressly survive the termination of that Agreement. I acknowledge that, among other rights subject to his Release and Waiver, I am hereby waiving and releasing any rights I may have under ADEA, that this release and waiver is knowing and voluntary, and that the consideration given for this release and waiver is in addition to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: the Americans with Disabilities Act, the Family and Medical Leave Act, the Civil Rights Act of 1964, Title VII, the Civil Rights Act of 1991, the Employee Retirement Income Security Act of 1974, the Equal Pay Act, the Worker Adjustment and Retraining Notification Act, the Massachusetts Fair Employment Practices Act (aM.G.L. c.151B), the Massachusetts Civil Rights Act, the Massachusetts Equal Pay and Maternity Benefits Law, the Massachusetts Equal Rights for Elderly and Disabled Law, the Massachusetts Small Necessities Leave Act, the Massachusetts Age Discrimination Law, the Massachusetts Wage Payment Statutes (M.G.L. c.149, 148, 150), the Massachusetts Earned Sick Xxx Xxx (MGL Ch. 149, Section 148C) and any other federal, state or local law, in each case, as amended, relating to employment, discrimination in employment, termination of employment, wages, benefits or otherwise. You acknowledge and agree that even though claims and facts in addition to those now known or believed by you to exist may subsequently be discovered, it is your intention to fully settle and release all claims you may have against the release Company and waiver granted herein does the Released Parties, whether known, unknown or suspected. The Released Parties who are not relate party to claims which may arise after this release and waiver is executed; (b) I have the right to consult with an attorney prior to executing this release and waiver (although I may choose voluntarily not to do so); and if I am over 40 years old upon execution Agreement will be third-party beneficiaries of this (c) I have twenty-one (21) days from the date of termination of my employment with the Company in which to consider this release and waiver (although I may choose voluntarily to execute this release and waiver earlierSection 10(a); (d) I have seven (7) days following the execution of this release and waiver to revoke my consent to this release and waiver; and (e) this release and waiver shall not be effective until the seven (7)-day revocation period has expired. Date: , 20 EXECUTIVE.

General Release and Waiver of Claims. In consideration As a material inducement to Accenture plc to enter into this Agreement and as part of the severance payments and other benefits consideration for the Separation Benefits offered to you, to which I have become you agree you are not otherwise entitled, pursuant you are expressly agreeing to that certain Amended the general release and Restated Employment Agreement between Nanogen, Inc., a Delaware corporation waiver of claims in this Section 6 (the “Company”), and myself dated , 2007 (the “Employment Agreement), in connection with the termination of my employment on this date, I, , hereby furnish the Company with the following release and waiver (“General Release and WaiverWaiver of Claims”). I Under this General Release and Waiver of Claims, you hereby release forever release, waive and forever discharge the CompanyAccenture plc, its Accenture LLP, their respective affiliates, and all of their present and former directors, officers, directors, agentspartners, employees, stockholdersrepresentatives, successorsfiduciaries, assigns attorneys and affiliates agents (“Released Parties”) from any and all claims, liabilities, demands, causes claims of action, costs, expenses, attorney fees, damages, indemnities and obligations of every kind and nature, in law, equity or otherwiseany nature whatsoever, known or unknown which you now have, or at any time may have had, against the Released Parties up to and unknownincluding the date that you execute and return this Agreement (“Claims”). This General Release and Waiver of Claims includes, suspected without limitation, any Claims related to your employment, the Employment Agreement, the Accenture plc 2001 Share Incentive Plan, the Accenture plc 2010 Share Incentive Plan, and unsuspectedthe Accenture plc 2010 Employee Share Purchase Plan, disclosed your equity award agreements and undisclosedother employee benefits, arising from or relating to my employment with your compensation, your activities on behalf of the Company and Company, the termination of that your employment, including (without limitation) claims Claims of wrongful discharge, emotional distress, defamation, fraud, breach Claims of contract, breach of discrimination under the covenant of good faith and fair dealing, discrimination claims based on sex, age, race, national origin, disability common law or any other basis under federal or state statute (including, without limitation, Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Americans with Disabilities Act and Housing Act, the Federal Age Discrimination in Employment Act of 1967Act, all as amended (“ADEA”amended), Claims relating to the Americans with Disability ActCompany’s intellectual property, contract claimsconfidential information and trade secrets, tort claimsClaims of misrepresentation, Claims of detrimental reliance, and wage all other statutory, common law or benefit claimsother Claims of any nature whatsoever. This General Release and Waiver of Claims does not apply to any Claims: (i) to be indemnified and held harmless as an officer (or former officer) of the Company to the maximum extent permitted under the Company’s charter(s), including by-laws and applicable law, and to be covered as an insured under the Company’s contract of directors and officers liability insurance as in effect from time to time; (ii) concerning a breach of this Agreement; or (iii) arising after the date that you execute and return this Agreement. With respect to the Claims you are waiving herein, to the fullest extent permitted by law, you are waiving your right to receive money or other relief in any action instituted by you or on your behalf by any person, entity or government agency. You are also waiving any right to participate in any class, collective, or representative action against Accenture plc or any of its affiliates (including, but not limited to, claims for salaryin the capacity of class representative, bonuses, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay absent class member or opt-in plaintiff) with regard to any other form of compensation (other than the payments, rights, benefits Claims released in this Agreement and indemnification to which I am, pursuant to the express provisions of the Employment Agreement, entitled in connection with my termination of employment, my vested rights under the Company’s Section 401(k) Plan and any worker’s compensation benefits under any Company workers’ compensation insurance policy or fund). In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This its General Release and Waiver does not pertain of Claims. Nothing in this Agreement shall limit the rights of any government agency or your right of access to, cooperation or participation with any government agency, including, without limitation, the United States Equal Employment Opportunity Commission or to receive any claims which may subsequently arise in connection with the Company’s default in any of its severance payment obligations under the Employment Agreement or any other obligations thereunder which expressly survive the termination of that Agreement. I acknowledge that, among other rights subject to his Release and Waiver, I am hereby waiving and releasing any rights I may have under ADEA, that this release and waiver is knowing and voluntary, and that the consideration given for this release and waiver is in addition to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver granted herein does not relate to claims which may arise after this release and waiver is executed; (b) I have the right to consult with an attorney prior to executing this release and waiver (although I may choose voluntarily not to do so); and if I am over 40 years old upon execution of this (c) I have twenty-one (21) days from the date of termination of my employment with the Company in which to consider this release and waiver (although I may choose voluntarily to execute this release and waiver earlier); (d) I have seven (7) days following the execution of this release and waiver to revoke my consent to this release and waiver; and (e) this release and waiver shall not be effective until the seven (7)-day revocation period has expired. Date: , 20 EXECUTIVEwhistleblower award.

General Release and Waiver of Claims. In exchange for the consideration of the severance payments and other benefits to which I have become entitledin this Release, pursuant to that certain Amended and Restated Employment Agreement between Nanogen, Inc., a Delaware corporation (the “Company”), and myself dated , 2007 (the “Employment Agreement), in connection with the termination of my employment on this date, I, , Participant hereby furnish releases the Company with the following release and waiver (“Release and Waiver”). I hereby release and forever discharge the Company, all of its officers, directors, employees, funds, Related Corporations (as defined under the Companies Act (Cap. 50)), agents, employeesand representatives (“Releasees”), stockholders, successors, assigns and affiliates from any and all claims, liabilities, demandsand expenses (including attorneys’ fees) of any kind, causes whether known or unknown, from the beginning of actiontime through the date of this Release. This release includes all claims under any federal, costsstate, expenses, attorney fees, damages, indemnities and obligations of every kind and nature, in local or foreign law, equity arising out of, or otherwisein any way related to, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or relating to my Participant’s employment with the Company and Company, or the termination of that employment. Participant understands that this release includes, but is not limited to, (i) waivers of all claims under Title VII of the Civil Rights Act of 1964 (Title VII, as amended), the Civil Rights Act of 1991, the Equal Pay Act, Executive Order 11246, as amended, any other Executive Orders pertaining to Participant’s employment, other state anti-discrimination laws, any and all federal civil rights statutes or ordinances, as well as under any and all other international, federal, state or local statutes, ordinances, regulations, constitutions or executive orders, the Family and Medical Leave Act (“FMLA”), the Fair Labor Standards Act (“FLSA”), the Americans with Disabilities Act (“ADA”), the Americans with Disabilities Act Amendment Act (“ADAAA”), the Age Discrimination in Employment Act (“ADEA”), the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), the Occupational Safety and Health Act (“OSHA”), the Employee Retirement Income Security Act of 1974 (“ERISA”), the Internal Revenue Code of 1986, as amended, and any and all other foreign, federal, state, or local laws; (ii) all claims for compensation of any type whatsoever, including claims for salary, wages, bonuses, commissions, incentive compensation, vacation and/or severance; (without limitationiii) all claims arising under tort, contract and/or quasi-contract law, including claims of wrongful discharge, emotional distress, defamation, fraud, breach of an express or implied contract, tortious interference with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, discrimination claims based on sexpromissory estoppel, agedetrimental reliance, raceinvasion of privacy, national originnonphysical injury, disability personal injury or sickness or any other basis harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, negligent or intentional infliction of emotional distress; and (iv) all claims for monetary or equitable relief, including attorneys’ fees, back pay, front pay, reinstatement, experts' fees, medical fees or expenses, costs and disbursements. Participant specifically intends this release to be the broadest possible release permitted under Title VII law. However, this general release and waiver of claims does not prohibit Participant from filing an administrative charge or claim with the Civil Rights Act of 1964, as amended, the California Fair Equal Employment and Housing Act, the Federal Age Discrimination in Employment Act of 1967, as amended Opportunity Commission (“ADEAEEOC”), ) or any state or local agency authorized by the Americans with Disability Act, contract claims, tort claimsEEOC to accept such charge or claim, and wage or benefit claims, including but not limited to, claims for salary, bonuses, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay or any other form of compensation (other than the payments, rights, benefits and indemnification to which I am, pursuant to the express provisions of the Employment Agreement, entitled in connection with my termination of employment, my vested rights under the Company’s Section 401(k) Plan and any worker’s compensation benefits under any Company workers’ compensation insurance policy or fund). In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction: “A general release it does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This Release and Waiver does not pertain apply to any claims which may subsequently arise in connection with the Company’s default that cannot be waived by law. It does, however, preclude Participant from receiving any monetary or injunctive award as a result of filing such an administrative action. It also bars Participant from maintaining a civil action in any of its severance payment obligations under judicial forum based on the Employment Agreement allegations raised in such an administrative charge or any other obligations thereunder which expressly survive the termination of that Agreement. I acknowledge that, among other rights subject to his Release and Waiver, I am hereby waiving and releasing any rights I may have under ADEA, that this release and waiver is knowing and voluntary, and that the consideration given for this release and waiver is in addition to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver granted herein does not relate to claims which may arise after this release and waiver is executed; (b) I have the right to consult with an attorney prior to executing this release and waiver (although I may choose voluntarily not to do so); and if I am over 40 years old upon execution of this (c) I have twenty-one (21) days from the date of termination of my employment with the Company in which to consider this release and waiver (although I may choose voluntarily to execute this release and waiver earlier); (d) I have seven (7) days following the execution of this release and waiver to revoke my consent to this release and waiver; and (e) this release and waiver shall not be effective until the seven (7)-day revocation period has expired. Date: , 20 EXECUTIVEclaim.

General Release and Waiver of Claims. In consideration of the severance payments and other benefits set forth in the Employment Agreement dated July 13, 2009 (the “Agreement”), to which I have become entitledthis form shall be deemed to be attached, pursuant Xxxxx X. Xxxxx (“Executive”) hereby agrees to the following general release and waiver of claims (“General Release”). In exchange for the consideration provided to Executive by the Agreement that certain Amended Executive is not otherwise entitled to receive, Executive hereby generally and Restated Employment Agreement between Nanogencompletely releases Biolase Technology, Inc., a Delaware corporation Inc. (the “Company”)) and its directors, and myself dated , 2007 (the “Employment Agreement), in connection with the termination of my employment on this date, I, , hereby furnish the Company with the following release and waiver (“Release and Waiver”). I hereby release and forever discharge the Company, its officers, directorsemployees, shareholders, partners, agents, employeesattorneys, stockholderspredecessors, successors, parent and subsidiary entities, insurers, affiliates, and assigns and affiliates from any and all claims, liabilitiesliabilities and obligations, demands, causes of action, costs, expenses, attorney fees, damages, indemnities and obligations of every kind and nature, in law, equity or otherwise, both known and unknown, suspected and unsuspectedthat arise out of or are in any way related to events, disclosed and undisclosedacts, arising from conduct, or relating omissions occurring prior to my signing this General Release. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to Executive’s employment with the Company and or the termination of that employment; (2) all claims related to Executive’s compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, or any other ownership interests in the Company; (without limitation3) all claims of wrongful discharge, emotional distress, defamation, fraud, for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, discrimination including claims based on sexfor fraud, agedefamation, raceemotional distress, national originand discharge in violation of public policy; and (5) all federal, disability state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or any other basis claims arising under Title VII of the 1964 Civil Rights Act of 1964Act, as amended, the Age Discrimination in Employment Act, the California Fair Employment and Housing Act, the Federal Age Discrimination in Employment Equal Pay Act of 19671963, as amended, the provisions of the California Labor Code, the Americans with Disabilities Act, the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, as amended (“ADEAERISA”), the Americans with Disability Act, contract claims, tort claimsXxxxxxxx-Xxxxx Act of 2002, and wage any other state, federal, or benefit claimslocal laws and regulations relating to employment and/or employment discrimination. The only exceptions are claims Executive may have for unemployment compensation and worker’s compensation, including but not limited toBase Salary (through the date of termination), outstanding business expenses, unused vacation earned through the date of termination of Executive, claims for salary, bonuses, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay or any other form of compensation (other than the payments, rights, to accrued and vested benefits and indemnification to which I am, pursuant to the express provisions of the Employment Agreement, entitled in connection with my termination of employment, my vested rights under the Company’s Section 401(k) Plan employee benefit plans, and claims to the severance benefits which are the consideration for this General Release. Executive expressly waives and relinquishes any worker’s compensation benefits under any Company workers’ compensation insurance policy or fund). In releasing claims unknown to me at present, I am waiving and all rights and benefits Executive now has or may have in the future under the terms of Section 1542 of the California Civil CodeCode of the State of California, and any law or legal principle of similar effect which sections reads in any jurisdictionfull as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” This Release . Notwithstanding said Code Section, Executive knowingly and Waiver does not pertain to any claims which may subsequently arise in connection with voluntarily waives the Company’s default in any provisions of its severance payment obligations under the Employment Agreement or Section 1542 as well as any other obligations thereunder which expressly survive the termination statutory or common law provisions of similar effect and acknowledges and agrees that this waiver is an essential part of this Agreement. I acknowledge Executive acknowledges that, among other rights subject to his Release and Waiverrights, I am hereby Executive is waiving and releasing any rights I Executive may have under ADEA, that this release and waiver General Release is knowing and voluntary, and that the consideration given for this release and waiver General Release is in addition to anything of value to which I Executive was already entitled as an executive of the Company. I Executive further acknowledge that I have Executive has been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver General Release granted herein does not relate to claims under the ADEA which may arise after this release and waiver General Release is executed; (b) I have Executive has the right to consult with an attorney prior to executing this release and waiver General Release (although I Executive may choose voluntarily not to do so); and if I am over 40 years old upon execution of this (c) I have Executive has twenty-one (21) days from the date of termination of my Executive’s employment with the Company in which to consider this release and waiver General Release (although I Executive may choose voluntarily to execute this release and waiver General Release earlier, in which case he voluntarily waives the remainder of the twenty-one (21) day period); (d) I have Executive has seven (7) days following the execution of this release and waiver General Release to revoke my his consent to this release and waiverGeneral Release; and (e) this release and waiver General Release shall not be effective until the seven (7)-day 7) day revocation period has expired. Executive acknowledges his continuing obligations under the Proprietary Information and Inventions Agreement and the non-solicitation provisions set forth in Section 6 of the Agreement. Nothing contained in this General Release shall be deemed to modify, amend or supersede the obligations set forth in that agreement. By signing this General Release, Executive hereby represents that he is not aware of any affirmative conduct or the failure to act on the part of the Company, its officers, directors, and/or employees concerning the Company’s business practices, its reporting obligations, its customers and/or prospective customers, its products, and/or any other any other aspect of the Company’s business, which Executive has any reason to believe rises to the level of unfair, improper and/or unlawful conduct pursuant to any state or federal law, rule, regulation or order, including, but not limited to, any rule, regulation or decision promulgated or enforced by the Securities and Exchange Commission, or which has been promulgated or enforced by any other state or federal office or administrative body pursuant to the Xxxxxxxx-Xxxxx Act of 2002. With the exception of the terms set forth in the Proprietary Information Agreement and the non-solicitation provisions set forth in Section 6 of the Agreement, this General Release constitutes the complete, final and exclusive embodiment of the entire agreement between the Company and Executive with regard to the subject matter hereof. Executive is not relying on any promise or representation by the Company that is not expressly stated herein and the Company is not relying on any promise or representation by Executive that is not expressly stated herein. This General Release may only be modified by a writing signed by both Executive and a duly authorized officer of the Company. The Company and Executive agree that for a period of ten (10) years after Executive’s employment with the Company ceases, they will not, in any communication with any person or entity, including any actual or potential customer, client, investor, vendor, or business partner of the Company, or any third party media outlet, make any derogatory or disparaging or critical negative statements — orally, written or otherwise — against the other, or against the Executive’s estate or affiliates, any of the Company’s directors, officers or employees. The parties acknowledge and agree that the obligation on the part of the Company not to make any derogatory statements as set forth in this paragraph shall only apply to the Company’s officers and directors. The parties agree that this General Release does not in any way compromise or lessen Executive’s rights to be indemnified by the Company pursuant to that certain Indemnification Agreement dated April 29, 2008, pursuant to the Company’s by-laws or certificate of incorporation, or otherwise be covered under any applicable insurance policies that Executive would otherwise be entitled to receive and/or be covered by. The parties agree that in no way does this General Release preclude Executive from enforcing his ownership rights pertaining to any stock or stock options which may have been purchased by Executive or granted to Executive by the Company pursuant to a written stock option grant and/or as memorialized in a written Board Resolution (and as reported periodically in the Company’s proxy statements). BIOLASE TECHNOLOGY, INC. By: Title: Dated: Dated: XXXXX X. XXXXX INDEMNIFICATION AGREEMENT This Indemnification Agreement (this “Agreement”) is entered into as of July 14, 2009 (the “Effective Date: ”), 20 EXECUTIVEby and between BIOLASE TECHNOLOGY, INC., a Delaware corporation (the “Company”), and Xxxxx X. Xxxxx (“Indemnitee”).

General Release and Waiver of Claims. In consideration of the severance payments and other benefits specified in Paragraphs 4 and 5 (including any subsections thereto) of the Confidential Separation Agreement and General Release and Waiver of Claims (“Agreement”) dated February 18, 2016, and to which this form is attached, I, Xxxxxx X. Xxxxx, hereby furnish SWBG Orlando Corporate Operations Group, LLC (“SeaWorld”) with the following general release and waiver of claims (“Release”): In exchange for the consideration provided to me by the Agreement that I have become entitledam not otherwise entitled to receive, pursuant to that certain Amended I for and Restated Employment Agreement between Nanogenon behalf of myself and my heirs, Inc.administrators, a Delaware corporation executors, and assigns, of my own freewill, do hereby voluntarily waive, release and forever discharge SeaWorld, its parents, affiliates, subsidiaries, and related business entities, and all of their respective past and present shareholders, officers, directors, owners, partners, attorneys, authorized representatives, employees, agents, and their respective predecessors, successors, and assigns (collectively, the “CompanyReleasees”)) from all actions, lawsuits, proceedings, causes of action, claims, debts, charges, complaints, judgments, damages, contracts and myself dated promises of any kind, 2007 (whether known or unknown, which I, my heirs, executors, administrators, successors and assigns may have from all time in the “Employment Agreement)past to the effective date of this Release and Waiver, in connection including, but not limited to, all matters or claims relating to or arising out of my employment with SeaWorld or the termination of my employment on this datewith SeaWorld, Iwhether for tort, breach of express or implied contract, hereby furnish the Company with the following release and waiver (“Release and Waiver”). I hereby release and forever discharge the Company, its officers, directors, agents, employees, stockholders, successors, assigns and affiliates from any and all claims, liabilities, demands, causes intentional infliction of action, costs, expenses, attorney fees, damages, indemnities and obligations of every kind and nature, in law, equity or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or relating to my employment with the Company and the termination of that employment, including (without limitation) claims of wrongful discharge, emotional distress, unpaid wages or other compensation, wrongful termination, defamation, fraudlibel or slander, breach of contractor under any federal, breach of the covenant of good faith and fair dealingstate, or local law pertaining to discrimination claims based on sex, age, race, sex, national origin, disability handicap, religion, disability, or any other basis sexual orientation. This release of claims includes, but is not limited to, all claims arising under Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment and Housing Employee Retirement Income Security Act, the Federal Age Discrimination in Employment Act of 1967, as amended 1967 (“ADEA”), the Older Workers’ Benefit Protection Act (“OWBPA”), the Americans with Disability With Disabilities Act, contract claimsthe Family Medical Leave Act, tort claimsthe Fair Labor Standards Act, the Equal Pay Act, the Florida Civil Rights Act, Florida’s private sector and public sector Whistle-Blower Act, and wage other federal, state, and local laws, statutes or benefit claimsordinances; federal and state constitutions; the common law; and any other purported restriction on an employer’s right to terminate the employment of employees. I hereby acknowledge and agree that this Release is intended to be a general release of any and all claims to the fullest extent permissible by law. I futher acknowledge and agree there might have been claims about which I do not know and I further expressly waives and assumes the risk of any and all claims for damages which may exist as of the effective date of this Release and Waiver but which I do not know of or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, whether of I or any other person, and which, if known, would materially affect my decision to enter into this Release and Waiver. Even knowing that, I am signing this Release and Waiver. Notwithstanding the breadth of the Release contained herein, I understand and acknowledge that excluded therefrom are any claims or rights which I cannot waive by law, including but not limited to, claims for salary, bonuses, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay or : any other form of compensation (other than the payments, rights, benefits and indemnification to which I am, pursuant to the express provisions of the Employment Agreement, entitled in connection with my termination of employment, my vested rights under the Company’s Section 401(k) Plan and any worker’s compensation benefits under any Company workers’ compensation insurance policy or fund). In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 any pension or welfare benefit plans; any claims arising from the breach of the California Civil CodeAgreement; any claims to continued participation in certain of SeaWorld’s group benefit plans pursuant to the terms and conditions of COBRA; or any claims for indemnification under any indemnification agreement, company bylaws, or any other applicable law. In addition, I acknowledge and any law agree that nothing in this Release shall limit, restrict, or legal principle interfere with my right to challenge the validity of similar effect my waiver of claims under the Age Discrimination in Employment Act, as amended. Furthermore, nothing in this Release of Claims is intended to or shall limit, restrict, or interfere with my right under federal, state and local laws to file an administrative charge or to participate in any jurisdiction: “A general release does not extend governmental investigation. Notwithstanding, Ie understand and agree to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This Release and Waiver does not pertain waive my right to any claims which may subsequently arise monetary recovery or other individual relief in connection with the Company’s default in any administrative proceeding brought against any of its severance payment obligations under the Employment Agreement Releasees, regardless of who filed or any other obligations thereunder which expressly survive the termination of that Agreement. I acknowledge that, among other rights subject to his Release and Waiver, I am hereby waiving and releasing any rights I may have under ADEA, that this release and waiver is knowing and voluntary, and that the consideration given for this release and waiver is in addition to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver granted herein does not relate to claims which may arise after this release and waiver is executed; (b) I have the right to consult with an attorney prior to executing this release and waiver (although I may choose voluntarily not to do so); and if I am over 40 years old upon execution of this (c) I have twenty-one (21) days from the date of termination of my employment with the Company in which to consider this release and waiver (although I may choose voluntarily to execute this release and waiver earlier); (d) I have seven (7) days following the execution of this release and waiver to revoke my consent to this release and waiver; and (e) this release and waiver shall not be effective until the seven (7)-day revocation period has expired. Date: , 20 EXECUTIVEinitiated it

General Release and Waiver of Claims. In exchange for the consideration of the severance payments and other benefits provided by Company to which I have become entitled, Executive pursuant to that certain Amended the Separation Agreement, the Executive and Restated Employment Agreement between Nanogenhis heirs, Inc.executors, a Delaware corporation representatives, agents, insurers, administrators, successors and assigns (collectively, the “CompanyReleasors”)) irrevocably and unconditionally fully and forever waive, and myself dated , 2007 (the “Employment Agreement), in connection with the termination of my employment on this date, I, , hereby furnish the Company with the following release and waiver (“Release and Waiver”). I hereby release and forever discharge the Company, its including the Company’s parents, subsidiaries, affiliates, predecessors, successors and assigns, and all of their respective officers, directors, agents, employees, stockholdersand shareholders, successorsin their corporate and individual capacities (collectively, assigns and affiliates the “Releasees”) from any and all claims, liabilitiesdemands, demandsactions, causes of actionactions, costsobligations, expensesjudgments, attorney rights, fees, damages, indemnities debts, obligations, liabilities and obligations expenses (inclusive of every attorneys’ fees) of any kind and naturewhatsoever (collectively, in “Claims”), whether known or unknown, from the beginning of time to the date of the Executive’s execution of this Agreement, including, without limitation, any claims under any federal, state, local or foreign law, equity that Releasors now may have or otherwisehave ever had arising out of, known and unknownor in any way related to the Executive’s hire, suspected and unsuspectedbenefits, disclosed and undisclosedemployment, arising termination or separation from or relating to my employment with the Company and any actual or alleged act, omission, transaction, practice, conduct, occurrence or other matter, including, but not limited to (i) any and all claims under Title VII of the termination Civil Rights Act, as amended, the Americans with Disabilities Act, as amended, the Family and Medical Leave Act, as amended, with respect to existing but not prospective claims, the Fair Labor Standards Act, the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Section 1981 of U.S.C. Title 42, the Worker Adjustment and Retraining Notification Act, as amended, the National Labor Relations Act, as amended, the Age Discrimination in Employment Act, as amended, the Uniform Services Employment and Reemployment Rights Act, as amended, the Genetic Information Nondiscrimination Act of 2008, and all of their respective implementing regulations and/or any other federal, state, local or foreign law (statutory, regulatory or otherwise) that employmentmay be legally waived and released; (ii) any and all claims for compensation of any type whatsoever, including but not limited to claims for salary, wages, bonuses, commissions, incentive compensation, vacation and/or severance; (without limitationiii) any and all claims arising under tort, contract and/or quasi-contract law, including but not limited to claims of wrongful discharge, emotional distress, defamation, fraud, breach of an expressed or implied contract, tortious interference with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, discrimination claims based on sexpromissory estoppel, agedetrimental reliance, raceinvasion of privacy, national originnonphysical injury, disability personal injury or sickness or any other basis under Title VII harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, negligent or intentional infliction of the Civil Rights Act of 1964, as amended, the California Fair Employment emotional distress; and Housing Act, the Federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”), the Americans with Disability Act, contract claims, tort claims, iv) any and wage all claims for monetary or benefit claimsequitable relief, including but not limited toto attorneys’ fees, claims for salary, bonuses, commissions, stock grants, stock options, vacation back pay, fringe benefitsfront pay, severance pay reinstatement, experts’ fees, medical fees or any other form of compensation (other than the paymentsexpenses, rightscosts and disbursements. However, benefits and indemnification to which I am, pursuant to the express provisions of the Employment Agreement, entitled in connection with my termination of employment, my vested rights under the Company’s Section 401(k) Plan and any worker’s compensation benefits under any Company workers’ compensation insurance policy or fund). In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction: “A this general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This Release and Waiver does not pertain to any claims which may subsequently arise in connection with the Company’s default in any of its severance payment obligations under the Employment Agreement or any other obligations thereunder which expressly survive the termination of that Agreement. I acknowledge that, among other rights subject to his Release and Waiver, I am hereby waiving and releasing any rights I may have under ADEA, that this release and waiver is knowing and voluntaryof claims excludes, and that the consideration given for this release and waiver is in addition to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver granted herein Executive does not relate to claims which may arise after this waive, release and waiver is executed; or discharge, (bi) I have the any right to consult with file an attorney prior to executing this release and waiver (although I may choose voluntarily not to do so); and if I am over 40 years old upon execution of this (c) I have twenty-one (21) days from the date of termination of my employment administrative charge or complaint with the Company in which Equal Employment Opportunity Commission, although the Executive waives any right to consider this release and waiver (although I may choose voluntarily monetary relief related to execute this release and waiver earlier); (d) I have seven (7) days following the execution of this release and waiver to revoke my consent to this release and waiversuch a charge or administrative complaint; and (eii) this release and waiver shall claims which cannot be effective until the seven (7)-day revocation period has expired. Date: waived by law, 20 EXECUTIVEsuch as claims for unemployment benefit rights and workers’ compensation.

General Release and Waiver of Claims. In exchange for the consideration of the severance payments set forth in this Second Release, you hereby bind yourself and other benefits to which I have become entitledyour heirs, pursuant to that certain Amended beneficiaries, trustees, administrators, executors, assigns, agents and Restated Employment Agreement between Nanogenlegal representatives (collectively, Inc., a Delaware corporation (the “CompanyReleasors”), and myself dated hereby waive and release to the maximum extent permitted by applicable law any and all claims or causes of action, 2007 (the “Employment Agreement)whether known or unknown, in connection with the termination of my employment on this date, I, , hereby furnish against the Company with the following release and waiver and/or its predecessors, successors, past or present parents or subsidiaries, affiliated companies, or related entities (“Release and Waiver”). I hereby release and forever discharge collectively, including the Company, its the “Entities”) and/or the Entities’ respective past or present insurers, officers, directors, agents, attorneys, employees, stockholdersshareholders, successorsinvestors, assigns and affiliates from employee benefit plans (collectively with the Entities, the “Released Parties”), with respect to any matter, including, without limitation, any matter related to your employment with or service to the Company. This waiver and release includes, without limitation, claims under the Employee Retirement Income Security Act (ERISA); claims for attorneys’ fees or costs; any and all claims for or related to stock, stock options, RSUs or other equity securities of the Company; penalties claims, liabilities, demands, causes of action, costs, expenses, attorney fees, damages, indemnities ; wage and obligations of every kind and nature, in law, equity or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or relating to my employment with the Company and the termination of that employment, including (without limitation) hour claims; statutory claims; tort claims; contract claims; claims of wrongful discharge, constructive discharge, emotional distress, defamation, conversion, invasion of privacy, fraud, promissory estoppel, misrepresentation, breach of contract, breach of fiduciary duty, and breach of the covenant of good faith and fair dealing, ; claims for retaliation; claims related to discrimination claims or harassment based on sexany protected basis, age, race, national origin, disability or any other basis under Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment and Housing Act, the Federal Americans with Disabilities Act, the Age Discrimination in Employment Act of 1967, as amended (“ADEA”)Act, the Americans with Disability Act, contract claims, tort claims, and wage or benefit claims, including but not limited to, claims for salary, bonuses, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay Utah Antidiscrimination Act or any other form of compensation (federal, state, or local law prohibiting discrimination, harassment or retaliation; and claims under all other than the paymentsfederal, rightsstate and local laws, benefits ordinances and indemnification to which I am, pursuant to the express provisions of the Employment Agreement, entitled in connection with my termination of employment, my vested rights under the Company’s Section 401(k) Plan and any worker’s compensation benefits under any Company workers’ compensation insurance policy or fund)regulations. In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction: “A general This release does not extend apply to claims which Excluded Claims as defined in the creditor does Agreement. You agree not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This Release and Waiver does not pertain to pursue any claims which may subsequently arise in connection with the Company’s default in any of its severance payment obligations under the Employment Agreement action nor seek damages or any other obligations thereunder which expressly survive remedies for any released claims. You agree to execute any and all documents necessary to request dismissal or withdrawal, or to opt-out, of such claims with prejudice. Further, you agree not to participate in, seek to recover in, or assist in any litigation or investigation by other persons or entities against the termination of Released Parties, except if served with a subpoena or as otherwise required by law. You understand that Agreementnothing in this Second Release limits your ability to file a charge or complaint with Government Agencies. I acknowledge that, among other rights subject to his Release and Waiver, I am hereby waiving and releasing any rights I may have under ADEA, You further understand that this release and waiver is knowing and voluntarySecond Release does not limit your ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, and that the consideration given for this release and waiver is in addition including providing documents or other information, without subpoena or notice to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver granted herein This Second Release does not relate to claims which may arise after this release and waiver is executed; (b) I have the limit your right to consult with receive an attorney prior award for information provided to executing this release and waiver (although I may choose voluntarily any Government Agencies. You agree you will not knowingly encourage, counsel, or assist any attorneys or their clients in the presentation or prosecution of any disputes, differences, grievances, claims, charges, or complaints by any third party against any of the Released Parties, unless under a subpoena or other court order to do so); and if I am over 40 years old upon execution of this (c) I have twenty-one (21) days from the date of termination of my employment with . You agree both to immediately notify the Company upon receipt of any such subpoena or court order, except as set forth above regarding cooperation with Government Agencies. Nothing herein shall prohibit or impair you or the Company from complying with all applicable laws, nor shall this Second Release be construed to obligate either party to commit (or aid or abet in which to consider this release and waiver (although I may choose voluntarily to execute this release and waiver earlier); (dthe commission of) I have seven (7) days following the execution of this release and waiver to revoke my consent to this release and waiver; and (e) this release and waiver shall not be effective until the seven (7)-day revocation period has expired. Date: , 20 EXECUTIVEany unlawful act.

General Release and Waiver of Claims. In consideration of You acknowledge and agree that the severance payments and promises set forth in this Agreement are in full satisfaction of all accrued salary, paid time off, bonus and commission pay, profit‑sharing, stock, stock options, restricted stock units or other ownership interest in the Company, termination benefits or other compensation to which I you may be entitled by your employment with the Company, your separation from the Company or otherwise. To the fullest extent permitted by law, you on behalf of yourself, your heirs, family members, executors, estates, agents and assigns, or any controlled affiliate and any trust or other entity of which you or your heirs, estates or family directly or indirectly hold a majority beneficial interest, fully, finally, and forever release and discharge the Company and its owners, agents, officers, shareholders, employees, directors, attorneys, subscribers, subsidiaries, affiliates, successors, investors, and assigns (collectively “Releasees”) of and from all claims and potential claims that may legally be waived by private agreement, whether known or unknown, whether specifically enumerated or not in this Agreement, which you have become entitledasserted or could assert against the Company arising out of or relating in any way to acts, pursuant circumstances, facts, transactions, or omissions based on facts occurring up to that certain Amended and Restated Employment including the date you sign this Agreement between Nanogen, Inc., a Delaware corporation (the “Company”), and myself dated , 2007 (the “Employment Agreement), in connection with the termination of my employment on this date, I, , hereby furnish the Company with the following release and waiver (“Release and WaiverReleased Claims”). I hereby release The Released Claims specifically include but are not limited to: claims under common law or equity; claims for additional compensation or benefits arising out of your employment or your separation from employment; wage and forever discharge the Company, its officers, directors, agents, employees, stockholders, successors, assigns and affiliates from any and all hour claims, liabilities, demands, causes of action, costs, expenses, attorney fees, damages, indemnities and obligations of every kind and nature, in law, equity or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or relating to my employment with the Company and the termination of that employment, including (without limitation) claims of wrongful ; unlawful discharge, emotional distress, defamation, fraud, ; breach of contract, ; breach of the covenant of good faith and fair dealing, discrimination ; fraud; violation of public policy; defamation; physical injury; emotional distress; negligence; claims based on sex, age, race, national origin, disability or any other basis under Title VII of the 1964 Civil Rights Act of 1964, as amended, Act; the California Fair Employment and Housing Act, the Federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”), the Americans with Disability Act, contract claims, tort claims, and wage or benefit claims, including but not limited to, claims for salary, bonuses, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay or any other form of compensation (other than the payments, rights, benefits and indemnification to which I am, pursuant to the express provisions of the Employment Agreement, entitled in connection with my termination of employment, my vested rights under the Company’s Section 401(k) Plan and any worker’s compensation benefits under any Company workers’ compensation insurance policy or fund). In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This Release and Waiver does not pertain to any claims which may subsequently arise in connection with the Company’s default in any of its severance payment obligations under the Employment Agreement or any other obligations thereunder which expressly survive the termination of that Agreement. I acknowledge that, among other rights subject to his Release and Waiver, I am hereby waiving and releasing any rights I may have under ADEA, that this release and waiver is knowing and voluntary, and that the consideration given for this release and waiver is in addition to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the ; Older Workers Benefit Protection Act (“OWBPA”); the Employee Retirement Income Security Act of 1974 (“ERISA”); the Americans with Disabilities Act; the Workers Adjustment and Retraining Notification Act (“WARN”); the Equal Pay Act; the Family Medical Leave Act; the Civil Rights Act of 1866; the Pregnancy Discrimination Act; the Pregnant Workers Fairness Act; the Massachusetts Wage Act (M.G.L. c. 149, that: §§ 148 et seq.); the Massachusetts Minimum Fair Wage Law (a) M.G.L. c. 151); the release Massachusetts Civil Rights Act; the Massachusetts Fair Employment Practices Act; the Massachusetts Equal Rights Law; the Massachusetts Equal Pay Act; the anti-discrimination provisions of the Massachusetts Paid Family and waiver granted herein does not relate Medical Leave law; the Massachusetts COVID-19 Emergency Earned Sick Time law; the Massachusetts Privacy Act; the Florida Civil Rights Act (§§ 760.01 to claims which may arise after this release and waiver is executed760.11, Fla. Stat.); the Florida Whistleblower Protection Act (b) I have §§ 448.101 to 448.105, Fla. Stat.); the right to consult with an attorney prior to executing this release and waiver Florida Workers' Compensation Retaliation provision (although I may choose voluntarily not to do so§ 440.205, Fla. Stat.); the Florida Minimum Wage Act (§ 448.110, Fla. Stat.); and if I am over 40 years old upon execution of this (c) I have twenty-one (21) days from the date of termination of my employment with the Company in which to consider this release any other federal, state, or local laws, constitution, rule, ordinance, order, and/or regulations, including their amendments and waiver (although I may choose voluntarily to execute this release and waiver earlier); (d) I have seven (7) days following the execution of this release and waiver to revoke my consent to this release and waiver; and (e) this release and waiver shall not be effective until the seven (7)-day revocation period has expired. Date: , 20 EXECUTIVErespective implementing regulations.

General Release and Waiver of Claims. In For purposes of this Agreement, the “Released Parties” means, individually and collectively, the Companies and their respective present, former and future direct and indirect shareholders, partners, limited partners, affiliates, members (and the directors and officers of such members), parents, subsidiaries, directors, officers, executives, agents, attorneys, successors and assigns. Except as provided in the last sentence of this Paragraph 1, in consideration of the severance payments made and other to be made, and benefits provided and to which I have become entitledbe provided, to Executive pursuant to that certain Amended and Restated Employment Agreement between Nanogen, Inc., a Delaware corporation (the “Company”), and myself dated , 2007 (the “Employment Agreement), in connection with the termination of my employment on this date, I, , Executive hereby furnish the Company with the following release and waiver (“Release and Waiver”). I hereby release unconditionally and forever discharge the Companyreleases, its officers, directors, agents, employees, stockholders, successors, assigns discharges and affiliates from waives any and all claims, liabilities, demands, actions, causes of action, suits, costs, expensescontroversies, attorney judgments, decrees, verdicts, attorneys’ and consultants’ fees, damages, indemnities and obligations of every kind and nature, in law, equity equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from out of or in any way related to agreements, events, acts or conduct at any time prior to and including the execution date of this Agreement, other than the Excluded Obligations (as defined below) (the “Released Claims”) against the Released Parties. The Released Claims include any and all matters relating to my Executive’s employment with the Company and the termination of that employmentincluding, including (without limitation) , claims or demands related to salary, bonuses, commissions, stock, equity awards, or any other ownership interest in the Companies or any of wrongful dischargetheir affiliates, emotional distressvacation pay, defamationfringe benefits, fraudexpense reimbursements, breach severance pay, or any other form of contractcompensation; claims for discrimination based upon race, breach of the covenant of good faith and fair dealingcolor, discrimination claims based on sex, age, racecreed, national origin, age, disability or any other basis under characteristic protected by federal, state or local law or any other violation of any Equal Employment Opportunity Law, ordinance, rule, regulation or order, including, without limitation, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act; claims under the Employee Retirement Income Security Act of 1974, as amended, the California Fair Employment and Housing Equal Pay Act, the Federal Age Discrimination in Employment Fair Labor Standards Act, as amended, the Family and Medical Leave Act of 19671993, as amended (“ADEA”)amended, or the laws of any country governing discrimination in employment, the Americans with Disability Act, contract claims, tort claims, and wage payment of wages or benefit claims, including but not limited to, claims for salary, bonuses, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay or any other form of compensation (other than the payments, rights, benefits and indemnification to which I am, pursuant to the express provisions of the Employment Agreement, entitled in connection with my termination aspect of employment. The Released Claims also include claims for wrongful discharge, my vested rights fraud or misrepresentation under any statute, rule or regulation or under the Company’s Section 401(k) Plan common law and any worker’s compensation benefits other claims under the common law. Notwithstanding the foregoing, Executive does not release, discharge or waive any Company workers’ compensation insurance policy or fund). In releasing claims unknown rights to me at present, I am waiving all rights (1) payments and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This Release and Waiver does not pertain to any claims which may subsequently arise in connection with the Company’s default in any of its severance payment obligations provided under the Employment Agreement that are contingent upon the execution by Executive of this Agreement, (2) vested profits interests or any other obligations thereunder vested equity interest in the Companies, (3) rights under any equity ownership agreement, (4) benefit claims under any employee benefit plans in which expressly survive the termination Executive is a participant by virtue of that Agreement. I acknowledge that, among other rights subject to his Release and Waiver, I am hereby waiving and releasing any rights I may have under ADEA, that this release and waiver is knowing and voluntary, and that the consideration given for this release and waiver is in addition to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver granted herein does not relate to claims which may arise after this release and waiver is executed; (b) I have the right to consult with an attorney prior to executing this release and waiver (although I may choose voluntarily not to do so); and if I am over 40 years old upon execution of this (c) I have twenty-one (21) days from the date of termination of my employment with the Company in which to consider this release and waiver (although I may choose voluntarily to execute this release and waiver earlier); (d) I have seven (7) days following Companies arising after the execution of this release Agreement by Executive, (5) rights as a equity-holder of the Companies or any of their respective affiliates, (6) rights to the Material Payments, (7) rights to be indemnified and/or advanced expenses under any corporate document of the Companies, any agreement or pursuant to applicable law or to be covered under any applicable directors’ and waiver to revoke my consent to this release and waiver; officers’ liability insurance policies, and (e) this release and waiver shall 8) any claim that cannot be effective until waived under applicable law, including any rights to workers’ compensation (the seven (7)-day revocation period has expired. Date: , 20 EXECUTIVE“Excluded Obligations”).

General Release and Waiver of Claims. In exchange for the consideration described in paragraph 1 of the severance payments and other benefits to which I have become entitledthis Exhibit A, pursuant to that certain Amended and Restated Employment Agreement between Nanogenyou hereby release, Inc.waive, a Delaware corporation (the “Company”), and myself dated , 2007 (the “Employment Agreement), in connection with the termination of my employment on this date, I, , hereby furnish the Company with the following release and waiver (“Release and Waiver”). I hereby release acquit and forever discharge the CompanyWSI and all of its and their respective past, present and future direct and indirect affiliates, brands, subsidiaries, predecessors, successors and assigns, and all of its and their respective past, present and future partners, principals, officers, directors, employees, attorneys, insurers, representatives and agents, employeeswhether acting as agents or in individual capacities, stockholdersand the Company pension and welfare benefit plans (and their respective plan administrators, successorsfiduciaries, assigns insurers and affiliates trustees) (the “Released Parties”), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorney attorneys’ fees, damages, indemnities and obligations of every kind and nature, in law, equity equity, or otherwise, known and unknownarising out of or in any way related to your employment or the separation of your employment through the date you sign this Agreement. This general release includes, suspected and unsuspected, disclosed and undisclosed, arising from but is not limited to: (i) all claims related to your compensation or relating to my employment with the Company and the termination of that employmentbenefits, including but not limited to, wages, salary, bonuses, commissions, vacation pay, all claims related to fringe benefits, incentive pay, severance pay, or any other form of compensation; (ii) all claims pursuant to any federal, state or local law prohibiting discrimination, harassment and/or retaliation; (iii) all tort claims, including without limitation) , claims of wrongful dischargefor fraud, defamation, emotional distress, defamation, fraud, and discharge in violation of public policy; (iv) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; and (v) all other claims related to employment. You understand and agree that by signing this Exhibit A, discrimination claims based on sexyou are precluded to the fullest extent permitted by law from filing or pursuing any legal claim against WSI at any time in the future, agein any forum or tribunal, race, national origin, disability or arising out of any other basis under Title VII of the Civil Rights Act claims that you have waived as a result of 1964, as amended, the California Fair Employment and Housing Act, the Federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”), the Americans with Disability Act, contract claims, tort claims, and wage or benefit claims, including but not limited to, claims for salary, bonuses, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay or any other form of compensation (other than the payments, rights, benefits and indemnification to which I am, pursuant to the express provisions of the Employment Agreement, entitled in connection with my termination of employment, my vested rights under the Company’s Section 401(k) Plan and any worker’s compensation benefits under any Company workers’ compensation insurance policy or fund). In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction: “A executing this Exhibit A. This general release does not extend include (i) claims based on WSI’s obligations to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This Release and Waiver does not pertain to any claims which may subsequently arise in connection with the Company’s default in any of its severance payment obligations you under the Employment Agreement or any other obligations thereunder which expressly survive the termination of that Agreement. I acknowledge that, among other rights subject to his Release and Waiver, I am hereby waiving and releasing any rights I may have under ADEA, that this release and waiver is knowing and voluntary, and that the consideration given for this release and waiver is in addition to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver granted herein does not relate to claims which may arise after this release and waiver is executedExhibit A; (bii) I have the right to consult with an attorney prior to executing this release and waiver (although I may choose voluntarily not to do so); and if I am over 40 years old upon execution of this (c) I have twenty-one (21) days from the date of termination of my employment with the Company in which to consider this release and waiver (although I may choose voluntarily to execute this release and waiver earlier)your vested rights under any WSI retirement plan; (diii) I have seven (7) days following the execution of this release and waiver to revoke my consent to this release and waiverclaims for unreimbursed business expenses under California Labor Code section 2802; and (eiv) this any rights or claims which cannot be waived or released as a matter of law. If any provision of the release and waiver is found to be unenforceable, it shall not affect the enforceability of the remaining provisions and all remaining provisions shall be effective until enforced to the seven (7)-day revocation period has expired. Date: , 20 EXECUTIVEfull extent permitted by law.

General Release and Waiver of Claims. In Solely in connection with EMPLOYEE’s employment relationship with THE COMPANY and in accordance with Section 3.3 of the Employment Agreement, and in consideration of the severance payments additional promises and covenants made by THE COMPANY in this Agreement, EMPLOYEE hereby knowingly and voluntarily compromises, settles and releases THE COMPANY from any and all past, present, or CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH SECURITIES AND EXCHANGE COMMISSION ASTERISKS DENOTE SUCH OMISSION future claims, demands, obligations, or causes of action, whether based on tort, contract, statutory or other benefits theories of recovery for anything that has occurred up to and including the date of EMPLOYEE’s execution of this Agreement. The released claims include those EMPLOYEE may have or has against THE COMPANY, or which I have become entitledmay later accrue to or be acquired by EMPLOYEE against THE COMPANY and its predecessors, pursuant to that certain Amended successors in interest, assigns, parent and Restated Employment Agreement between Nanogensubsidiary organizations, Inc., a Delaware corporation (the “Company”)affiliates, and myself dated partners, 2007 (the “Employment Agreement)and its past, in connection with the termination of my employment on this datepresent, I, , hereby furnish the Company with the following release and waiver (“Release and Waiver”). I hereby release and forever discharge the Company, its future officers, directors, shareholders, agents, and employees, stockholdersand their heirs and assigns. EMPLOYEE specifically agrees to release and waive all claims for wrongful termination and any claim for retaliation or discrimination in employment under federal or state law or regulation including, successors, assigns and affiliates from any and all claims, liabilities, demands, causes of action, costs, expenses, attorney fees, damages, indemnities and obligations of every kind and nature, in law, equity or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or relating to my employment with the Company and the termination of that employment, including (without limitation) claims of wrongful discharge, emotional distress, defamation, fraud, breach of contract, breach of the covenant of good faith and fair dealingbut not limited to, discrimination claims based on age, sex, age, race, disability, handicap, national origin, disability origin or any other basis claims under Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment and Housing Act, the Federal Age Discrimination in Employment Act of 1967, as amended by the Older Workers’ Benefits Protection Act (“ADEA”), the Americans with Disability ActDisabilities Act of 1990 (ADA), contract claimsthe New Jersey Law Against Discrimination (LAD), tort claimsthe Consolidated Omnibus Budget Reconciliation Act (COBRA), the Employee Retirement Income Security Act (ERISA), the Immigration Reform and Control Act (IRCA), the Fair Labor Standards Act (FLSA), the Conscientious Employee Protection Act (CEPA), the Family Medical Leave Act (FMLA), the New Jersey Family Leave Act (NJFLA) and the New Jersey wage and hour law. The release of claims agreed to herein specifically excludes (i) any claims relating to a breach of this Agreement, and wage (ii) any counterclaims that are not based on allegations regarding EMPLOYEE’s employment by THE COMPANY or benefit claims, including but not limited to, claims for salary, bonuses, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay or any other form of compensation (other than the payments, rights, benefits and indemnification separation from THE COMPANY that EMPLOYEE might assert if THE COMPANY were to which I am, pursuant to the express provisions of the Employment Agreement, entitled in connection with my termination of employment, my vested rights under the Company’s Section 401(k) Plan and any worker’s compensation benefits under any Company workers’ compensation insurance policy or fund). In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtorsxx EMPLOYEE.” This Release and Waiver does not pertain to any claims which may subsequently arise in connection with the Company’s default in any of its severance payment obligations under the Employment Agreement or any other obligations thereunder which expressly survive the termination of that Agreement. I acknowledge that, among other rights subject to his Release and Waiver, I am hereby waiving and releasing any rights I may have under ADEA, that this release and waiver is knowing and voluntary, and that the consideration given for this release and waiver is in addition to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver granted herein does not relate to claims which may arise after this release and waiver is executed; (b) I have the right to consult with an attorney prior to executing this release and waiver (although I may choose voluntarily not to do so); and if I am over 40 years old upon execution of this (c) I have twenty-one (21) days from the date of termination of my employment with the Company in which to consider this release and waiver (although I may choose voluntarily to execute this release and waiver earlier); (d) I have seven (7) days following the execution of this release and waiver to revoke my consent to this release and waiver; and (e) this release and waiver shall not be effective until the seven (7)-day revocation period has expired. Date: , 20 EXECUTIVE

General Release and Waiver of Claims. In consideration of the severance payments and other benefits set forth in the Employment Agreement dated April 29, 2008 (the “Agreement”), to which I have become entitledthis form shall be deemed to be attached, pursuant Xxxxx X. Xxxxxx (“Executive”) hereby agrees to the following general release and waiver of claims (“General Release”). In exchange for the consideration provided to Executive by the Agreement that certain Amended Executive is not otherwise entitled to receive, Executive hereby generally and Restated Employment Agreement between Nanogencompletely releases Biolase Technology, Inc., a Delaware corporation Inc. (the “Company”)) and its directors, and myself dated , 2007 (the “Employment Agreement), in connection with the termination of my employment on this date, I, , hereby furnish the Company with the following release and waiver (“Release and Waiver”). I hereby release and forever discharge the Company, its officers, directorsemployees, shareholders, partners, agents, employeesattorneys, stockholderspredecessors, successors, parent and subsidiary entities, insurers, affiliates, and assigns and affiliates from any and all claims, liabilitiesliabilities and obligations, demands, causes of action, costs, expenses, attorney fees, damages, indemnities and obligations of every kind and nature, in law, equity or otherwise, both known and unknown, suspected and unsuspectedthat arise out of or are in any way related to events, disclosed and undisclosedacts, arising from conduct, or relating omissions occurring prior to my signing this General Release. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to Executive’s employment with the Company and or the termination of that employment; (2) all claims related to Executive’s compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, or any other ownership interests in the Company; (without limitation3) all claims of wrongful discharge, emotional distress, defamation, fraud, for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, discrimination including claims based on sexfor fraud, agedefamation, raceemotional distress, national originand discharge in violation of public policy; and (5) all federal, disability state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or any other basis claims arising under Title VII of the 1964 Civil Rights Act of 1964Act, as amended, the Age Discrimination in Employment Act, the California Fair Employment and Housing Act, the Federal Age Discrimination in Employment Equal Pay Act of 19671963, as amended, the provisions of the California Labor Code, the Americans with Disabilities Act, the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, as amended (“ADEAERISA”), the Americans with Disability Act, contract claims, tort claimsXxxxxxxx-Xxxxx Act of 2002, and wage any other state, federal, or benefit claimslocal laws and regulations relating to employment and/or employment discrimination. The only exceptions are claims Executive may have for unemployment compensation and worker’s compensation, including but not limited toBase Salary (through the date of termination), outstanding business expenses, unused vacation earned through the date of termination of Executive, claims for salary, bonuses, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay or any other form of compensation (other than the payments, rights, to accrued and vested benefits and indemnification to which I am, pursuant to the express provisions of the Employment Agreement, entitled in connection with my termination of employment, my vested rights under the Company’s Section 401(k) Plan employee benefit plans, and claims to the severance benefits which are the consideration for this General Release. Executive expressly waives and relinquishes any worker’s compensation benefits under any Company workers’ compensation insurance policy or fund). In releasing claims unknown to me at present, I am waiving and all rights and benefits Executive now has or may have in the future under the terms of Section 1542 of the California Civil CodeCode of the State of California, and any law or legal principle of similar effect which sections reads in any jurisdictionfull as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” This Release . Notwithstanding said Code Section, Executive knowingly and Waiver does not pertain to any claims which may subsequently arise in connection with voluntarily waives the Company’s default in any provisions of its severance payment obligations under the Employment Agreement or Section 1542 as well as any other obligations thereunder which expressly survive the termination statutory or common law provisions of similar effect and acknowledges and agrees that this waiver is an essential part of this Agreement. I acknowledge Executive acknowledges that, among other rights subject to his Release and Waiverrights, I am hereby Executive is waiving and releasing any rights I Executive may have under ADEA, that this release and waiver General Release is knowing and voluntary, and that the consideration given for this release and waiver General Release is in addition to anything of value to which I Executive was already entitled as an executive of the Company. I Executive further acknowledge that I have Executive has been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver General Release granted herein does not relate to claims under the ADEA which may arise after this release and waiver General Release is executed; (b) I have Executive has the right to consult with an attorney prior to executing this release and waiver General Release (although I Executive may choose voluntarily not to do so); and if I am over 40 years old upon execution of this (c) I have Executive has twenty-one (21) days from the date of termination of my Executive’s employment with the Company in which to consider this release and waiver General Release (although I Executive may choose voluntarily to execute this release and waiver General Release earlier, in which case he voluntarily waives the remainder of the twenty-one (21) day period); (d) I have Executive has seven (7) days following the execution of this release and waiver General Release to revoke my his consent to this release and waiverGeneral Release; and (e) this release and waiver General Release shall not be effective until the seven (7)-day 7) day revocation period has expired. Executive acknowledges his continuing obligations under the Proprietary Information and Inventions Agreement and the non-solicitation provisions set forth in Section 6 of the Agreement. Nothing contained in this General Release shall be deemed to modify, amend or supersede the obligations set forth in that agreement. By signing this General Release, Executive hereby represents that he is not aware of any affirmative conduct or the failure to act on the part of the Company, its officers, directors, and/or employees concerning the Company’s business practices, its reporting obligations, its customers and/or prospective customers, its products, and/or any other any other aspect of the Company’s business, which Executive has any reason to believe rises to the level of unfair, improper and/or unlawful conduct pursuant to any state or federal law, rule, regulation or order, including, but not limited to, any rule, regulation or decision promulgated or enforced by the Securities and Exchange Commission, or which has been promulgated or enforced by any other state or federal office or administrative body pursuant to the Xxxxxxxx-Xxxxx Act of 2002. With the exception of the terms set forth in the Proprietary Information Agreement and the non-solicitation provisions set forth in Section 6 of the Agreement, this General Release constitutes the complete, final and exclusive embodiment of the entire agreement between the Company and Executive with regard to the subject matter hereof. Executive is not relying on any promise or representation by the Company that is not expressly stated herein and the Company is not relying on any promise or representation by Executive that is not expressly stated herein. This General Release may only be modified by a writing signed by both Executive and a duly authorized officer of the Company. The Company and Executive agree that for a period of ten (10) years after Executive’s employment with the Company ceases, they will not, in any communication with any person or entity, including any actual or potential customer, client, investor, vendor, or business partner of the Company, or any third party media outlet, make any derogatory or disparaging or critical negative statements — orally, written or otherwise — against the other, or against the Executive’s estate or affiliates, any of the Company’s directors, officers or employees. The parties acknowledge and agree that the obligation on the part of the Company not to make any derogatory statements as set forth in this paragraph shall only apply to the Company’s officers and directors. The parties agree that this General Release does not in any way compromise or lessen Executive’s rights to be indemnified by the Company pursuant to that certain Indemnification Agreement dated April 29, 2008, pursuant to the Company’s by-laws or certificate of incorporation, or otherwise be covered under any applicable insurance policies that Executive would otherwise be entitled to receive and/or be covered by. The parties agree that in no way does this General Release preclude Executive from enforcing his ownership rights pertaining to any stock or stock options which may have been purchased by Executive or granted to Executive by the Company pursuant to a written stock option grant and/or as memorialized in a written Board Resolution (and as reported periodically in the Company’s proxy statements). BIOLASE TECHNOLOGY, INC. By: Title: Dated: Dated: XXXXX X. XXXXXX EXHIBIT D TO XXXXX X. XXXXXX EMPLOYMENT AGREEMENT DATED AS OF APRIL 29, 2008 INDEMNIFICATION AGREEMENT This Indemnification Agreement (this “Agreement”) is entered into as of April 29, 2008 (the “Effective Date: ”), 20 EXECUTIVEby and between BIOLASE TECHNOLOGY, INC., a Delaware corporation (the “Company”), and Xxxxx X. Xxxxxx (“Indemnitee”).

General Release and Waiver of Claims. In exchange for the consideration of the severance payments set forth herein, you hereby bind yourself and other benefits to which I have become entitledyour heirs, pursuant to that certain Amended beneficiaries, trustees, administrators, executors, assigns, agents and Restated Employment Agreement between Nanogenlegal representatives (collectively, Inc., a Delaware corporation (the “CompanyReleasors”), and myself dated hereby waive and release to the maximum extent permitted by applicable law any and all claims or causes of action, 2007 (the “Employment Agreement)whether known or unknown, in connection with the termination of my employment on this date, I, , hereby furnish against the Company with the following release and waiver and/or its predecessors, successors, past or present parents or subsidiaries, affiliated companies, or related entities (“Release and Waiver”). I hereby release and forever discharge collectively, including the Company, its the “Entities”) and/or the Entities’ respective past or present insurers, officers, directors, agents, attorneys, employees, stockholdersshareholders, successorsinvestors, assigns and affiliates from employee benefit plans (collectively with the Entities, the “Released Parties”), with respect to any matter, including, without limitation, any matter related to your employment with or service to the Company. This waiver and release includes, without limitation, claims under the Employee Retirement Income Security Act (ERISA); claims for attorneys’ fees or costs; any and all claims for or related to stock, stock options, RSUs or other equity securities of the Company; penalties claims, liabilities, demands, causes of action, costs, expenses, attorney fees, damages, indemnities ; wage and obligations of every kind and nature, in law, equity or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or relating to my employment with the Company and the termination of that employment, including (without limitation) hour claims; statutory claims; tort claims; contract claims; claims of wrongful discharge, constructive discharge, emotional distress, defamation, conversion, invasion of privacy, fraud, promissory estoppel, misrepresentation, breach of contract, breach of fiduciary duty, and breach of the covenant of good faith and fair dealing, ; claims for retaliation; claims related to discrimination claims or harassment based on sexany protected basis, age, race, national origin, disability or any other basis under Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment and Housing Act, the Federal Americans with Disabilities Act, the Age Discrimination in Employment Act of 1967, as amended (“ADEA”)Act, the Americans with Disability Act, contract claims, tort claims, and wage or benefit claims, including but not limited to, claims for salary, bonuses, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay Utah Antidiscrimination Act or any other form of compensation federal, state, or local law prohibiting discrimination, harassment or retaliation; and claims under all other federal, state and local laws, ordinances and regulations. Notwithstanding the foregoing, the following are not included in the released claims (other than the payments, rights, benefits and “Excluded Claims”): (i) any rights or claims for indemnification to which I am, you may have pursuant to your applicable written indemnification agreement with the express provisions Company dated June 28, 2018 and under the charter, bylaws or operating agreements of the Employment AgreementCompany, entitled in connection with my termination or under applicable law, except as limited by Paragraph 10 below; (ii) any rights which cannot be waived as a matter of employment, my vested law; (iii) any rights under the Company’s Section 401(k) Plan and any worker’s compensation benefits under any Company you have to file or pursue a claim for workers’ compensation insurance policy or fund). In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This Release and Waiver does not pertain to unemployment insurance; (iv) any claims which may subsequently arise in connection with arising from the Company’s default in breach of this Agreement; and (v) any of its severance payment obligations under claims arising after the Employment Agreement date you sign this Agreement. You agree not to pursue any action nor seek damages or any other obligations thereunder which expressly survive remedies for any released claims. You agree to execute any and all documents necessary to request dismissal or withdrawal, or to opt-out, of such claims with prejudice. Further, you agree not to participate in, seek to recover in, or assist in any litigation or investigation by other persons or entities against the termination of Released Parties, except if served with a subpoena or as otherwise required by law. You understand that Agreementnothing in this Agreement limits your ability to file a charge or complaint with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local government agency or commission (“Government Agencies”). I acknowledge that, among other rights subject to his Release and Waiver, I am hereby waiving and releasing any rights I may have under ADEA, You further understand that this release and waiver is knowing and voluntaryAgreement does not limit your ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, and that the consideration given for this release and waiver is in addition including providing documents or other information, without subpoena or notice to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver granted herein This Agreement does not relate to claims which may arise after this release and waiver is executed; (b) I have the limit your right to consult with receive an attorney prior award for information provided to executing this release and waiver (although I may choose voluntarily any Government Agencies. You agree you will not knowingly encourage, counsel, or assist any attorneys or their clients in the presentation or prosecution of any disputes, differences, grievances, claims, charges, or complaints by any third party against any of the Released Parties, unless under a subpoena or other court order to do so); and if I am over 40 years old upon execution of this (c) I have twenty-one (21) days from the date of termination of my employment with . You agree both to immediately notify the Company upon receipt of any such subpoena or court order, except as set forth above regarding cooperation with Government Agencies. Nothing herein shall prohibit or impair you or the Company from complying with all applicable laws, nor shall this Agreement be construed to obligate either party to commit (or aid or abet in which to consider this release and waiver (although I may choose voluntarily to execute this release and waiver earlier); (dthe commission of) I have seven (7) days following the execution of this release and waiver to revoke my consent to this release and waiver; and (e) this release and waiver shall not be effective until the seven (7)-day revocation period has expired. Date: , 20 EXECUTIVEany unlawful act.

General Release and Waiver of Claims. In exchange for the consideration of provided in this Agreement, the severance payments Executive and other benefits to which I have become entitledhis heirs, pursuant to that certain Amended executors, representatives, agents, insurers, administrators, successors and Restated Employment Agreement between Nanogenassigns (collectively, Inc., a Delaware corporation (the “CompanyReleasors”)) irrevocably and unconditionally fully and forever waive, and myself dated , 2007 (the “Employment Agreement), in connection with the termination of my employment on this date, I, , hereby furnish the Company with the following release and waiver (“Release and Waiver”). I hereby release and forever discharge the Company, its including the Company’s parents, subsidiaries, affiliates, predecessors, successors and assigns, and all of their respective officers, directors, agents, employees, stockholdersand shareholders, successorsin their corporate and individual capacities (collectively, assigns and affiliates the “Releasees”) from any and all claims, liabilitiesdemands, demandsactions, causes of actionactions, costsobligations, expensesjudgments, attorney rights, fees, damages, indemnities debts, obligations, liabilities and obligations expenses (inclusive of every attorneys' fees) of any kind and naturewhatsoever (collectively, in “Claims”), whether known or unknown, from the beginning of time to the date of the Executive’s execution of this Agreement, including, without limitation, any claims under any federal, state, local or foreign law, equity that Releasors may have, have ever had or otherwisemay in the future have arising out of, known and unknownor in any way related to the Executive’s hire, suspected and unsuspectedbenefits, disclosed and undisclosedemployment, arising termination or separation from or relating to my employment with the Company and any actual or alleged act, omission, transaction, practice, conduct, occurrence or other matter, including, but not limited to (i) any and all claims under Title VII of the termination Civil Rights Act, as amended, the Americans with Disabilities Act, as amended, the Family and Medical Leave Act, as amended, with respect to existing but not prospective claims, the Fair Labor Standards Act, the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Section 1981 of U.S.C. Title 42, the Worker Adjustment and Retraining Notification Act, as amended, the National Labor Relations Act, as amended, the Age Discrimination in Employment Act, as amended, the Uniform Services Employment and Reemployment Rights Act, as amended, the Genetic Information Nondiscrimination Act of 2008, the California Fair Employment and Housing Act, and all of their respective implementing regulations and/or any other federal, state, local or foreign law (statutory, regulatory or otherwise) that employmentmay be legally waived and released; (ii) any and all claims for compensation of any type whatsoever, including but not limited to claims for salary, wages, bonuses, commissions, incentive compensation, vacation and/or severance; (without limitationiii) any and all claims arising under tort, contract and/or quasi-contract law, including but not limited to claims of wrongful discharge, emotional distress, defamation, fraud, breach of an expressed or implied contract, tortious interference with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, discrimination claims based on sexpromissory estoppel, agedetrimental reliance, raceinvasion of privacy, national originnonphysical injury, disability personal injury or sickness or any other basis harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, negligent or intentional infliction of emotional distress; and (iv) any and all claims for monetary or equitable relief, including but not limited to attorneys' fees, back pay, front pay, reinstatement, experts' fees, medical fees or expenses, costs and disbursements. However, this general release and waiver of claims excludes, and the Executive does not waive, release or discharge, (i) any right to file an administrative charge or complaint with the Equal Employment Opportunity Commission or other administrative agency, although the Executive waives any right to monetary relief related to such a charge or administrative complaint; and (ii) claims which cannot be waived by law, such as claims for unemployment benefit rights and workers' compensation (however, the release does include claims pursuant to California Labor Code Sections 132a and 4558), specified claims under Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment and Housing Act, Act relating to unlawful acts in the Federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”), the Americans with Disability Act, contract claims, tort claims, and wage workplace or benefit claims, including but not limited to, claims for salary, bonuses, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay or any other form of compensation (other than the payments, rights, benefits and indemnification to which I am, pursuant to the express provisions of the Employment Agreement, entitled in connection with my termination of employment, my vested rights under the Company’s Section 401(k) Plan and any worker’s compensation benefits under any Company workers’ compensation insurance policy or fund). In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This Release and Waiver does not pertain to any claims which may subsequently arise in connection with the Company’s default in any of its severance payment obligations under the Employment Agreement or any other obligations thereunder which expressly survive the termination of that Agreement. I acknowledge that, among other rights subject to his Release and Waiver, I am hereby waiving and releasing any rights I may have under ADEA, that this release and waiver is knowing and voluntary, and that the consideration given for this release and waiver is in addition to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver granted herein does not relate to claims which may arise after this release and waiver is executed; (b) I have the right to consult with an attorney prior to executing this release and waiver (although I may choose voluntarily not to do so); and if I am over 40 years old upon execution of this (c) I have twenty-one (21) days from the date of termination of my employment with the Company in which to consider this release and waiver (although I may choose voluntarily to execute this release and waiver earlier); (d) I have seven (7) days following the execution of this release and waiver to revoke my consent to this release and waiver; and (e) this release and waiver shall not be effective until the seven (7)-day revocation period has expired. Date: , 20 EXECUTIVElaw.

General Release and Waiver of Claims. In For purposes of this Agreement, the “Released Parties” means, individually and collectively, the Companies and their respective present, former and future direct and indirect shareholders, partners, limited partners, affiliates, members (and the directors and officers of such members), parents, subsidiaries, directors, officers, executives, agents, attorneys, successors and assigns. Except as provided in the last sentence of this Paragraph 1, in consideration of the severance payments made and other to be made, and benefits provided and to which I have become entitledbe provided, to Executive pursuant to that certain Amended and Restated Employment Agreement between Nanogen, Inc., a Delaware corporation (the “Company”), and myself dated , 2007 (the “Employment Agreement), in connection with the termination of my employment on this date, I, , Executive hereby furnish the Company with the following release and waiver (“Release and Waiver”). I hereby release unconditionally and forever discharge the Companyreleases, its officers, directors, agents, employees, stockholders, successors, assigns discharges and affiliates from waives any and all claims, liabilities, demands, actions, causes of action, suits, costs, expensescontroversies, attorney judgments, decrees, verdicts, attorneys’ and consultants’ fees, damages, indemnities and obligations of every kind and nature, in law, equity equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from out of or in any way related to agreements, events, acts or conduct at any time prior to and including the execution date of this Agreement, other than the Excluded Obligations (as defined below) (the “Released Claims”) against the Released Parties. The Released Claims include any and all matters relating to my Executive’s employment with the Company and the termination of that employmentincluding, including (without limitation) , claims or demands related to salary, bonuses, commissions, stock, equity awards, or any other ownership interest in the Companies or any of wrongful dischargetheir affiliates, emotional distressvacation pay, defamationfringe benefits, fraudexpense reimbursements, breach severance pay, or any other form of contractcompensation; claims for discrimination based upon race, breach of the covenant of good faith and fair dealingcolor, discrimination claims based on sex, age, racecreed, national origin, age, disability or any other basis under characteristic protected by federal, state or local law or any other violation of any Equal Employment Opportunity Law, ordinance, rule, regulation or order, including, without limitation, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act; claims under the Employee Retirement Income Security Act of 1974, as amended, the California Fair Employment and Housing Equal Pay Act, the Federal Age Discrimination in Employment Fair Labor Standards Act, as amended, the Family and Medical Leave Act of 19671993, as amended (“ADEA”)amended, or the laws of any country governing discrimination in employment, the Americans with Disability Act, contract claims, tort claims, and wage payment of wages or benefit claims, including but not limited to, claims for salary, bonuses, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay or any other form of compensation (other than the payments, rights, benefits and indemnification to which I am, pursuant to the express provisions of the Employment Agreement, entitled in connection with my termination aspect of employment. The Released Claims also include claims for wrongful discharge, my vested rights fraud or misrepresentation under any statute, rule or regulation or under the Company’s Section 401(k) Plan common law and any worker’s compensation benefits other claims under the common law. Notwithstanding the foregoing, Executive does not release, discharge or waive any Company workers’ compensation insurance policy or fund). In releasing claims unknown rights to me at present, I am waiving all rights (1) payments and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This Release and Waiver does not pertain to any claims which may subsequently arise in connection with the Company’s default in any of its severance payment obligations provided under the Employment Agreement that are contingent upon the execution by Executive of this Agreement, (2) vested profits interests or any other obligations thereunder vested equity interest in the Companies, (3) rights under any equity ownership agreement, (4) benefit claims under any employee benefit plans in which expressly survive the termination Executive is a participant by virtue of that Agreement. I acknowledge that, among other rights subject to his Release and Waiver, I am hereby waiving and releasing any rights I may have under ADEA, that this release and waiver is knowing and voluntary, and that the consideration given for this release and waiver is in addition to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver granted herein does not relate to claims which may arise after this release and waiver is executed; (b) I have the right to consult with an attorney prior to executing this release and waiver (although I may choose voluntarily not to do so); and if I am over 40 years old upon execution of this (c) I have twenty-one (21) days from the date of termination of my employment with the Company in which to consider this release and waiver (although I may choose voluntarily to execute this release and waiver earlier); (d) I have seven (7) days following Companies arising after the execution of this release Agreement by Executive, (5) rights as a equity-holder of the Companies or any of their respective affiliates, (6) rights to the Material Payments (to the extent not paid), (7) rights to be indemnified and/or advanced expenses under any corporate document of the Companies, any agreement or pursuant to applicable law or to be covered under any applicable directors’ and waiver to revoke my consent to this release and waiver; officers’ liability insurance policies, and (e) this release and waiver shall 8) any claim that cannot be effective until waived under applicable law, including any rights to workers’ compensation (the seven (7)-day revocation period has expired. Date: , 20 EXECUTIVE“Excluded Obligations”).