Foundation Medicine, Inc. Common Stock Underwriting AgreementUnderwriting Agreement • September 12th, 2013 • Foundation Medicine, Inc. • Services-medical laboratories • New York
Foundation Medicine, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of [•] shares (the “Firm Shares”) and, at the election of the Underwriters, up to [•] additional shares (the “Optional Shares”) of Common Stock, par value $0.0001 per share (“Stock”), of the Company (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Shares”).
SUPPLY, SERVICE, AND SUPPORT AGREEMENTService, and Support Agreement • September 12th, 2013 • Foundation Medicine, Inc. • Services-medical laboratories • New York
This Supply, Service, and Support Agreement (the “Agreement”) is effective as of the date of last signature found below (the “Effective Date”) between Illumina, Inc., a Delaware corporation having a place of business at 5200 Illumina Way, San Diego, CA 92122 (“Illumina”) and Foundation Medicine Inc. , having a place of business at One Kendall Square, Suite B3501, Cambridge, MA, 02139 (“Customer”). Customer and Illumina may be referred to herein as “Party” or “Parties.”
One Kendall Square, Suite B3501 Cambridge Massachusetts 02139 TEL 617.418.2200 FAX 617.418.2201Letter Agreement • September 12th, 2013 • Foundation Medicine, Inc. • Services-medical laboratories • Massachusetts
This letter agreement (this “Agreement”) sets forth the terms and conditions of your continued employment with Foundation Medicine, Inc. (“Foundation Medicine” or “the Company”). Upon your execution of this Agreement, this Agreement shall be effective as of the date set forth above. This Agreement shall fully supersede all prior agreements between you and the Company relating to the subject matter herein including, without limitation, any prior offer letter or agreement, plan or arrangement relating to severance pay or benefits. Defined terms used in this Agreement may be found generally within the provisions of this Agreement or specifically in the section of this Agreement entitled “Definitions.”
