Common use of Waiver of Jury Trial; Judicial Reference Clause in Contracts

Waiver of Jury Trial; Judicial Reference. By acceptance of this Note, Investor hereby agrees and the Company hereby agrees to waive their respective rights to a jury trial of any claim or cause of action based upon or arising out of this Note or any of the Transaction Documents. This Section shall not restrict a party from exercising remedies under the Uniform Commercial Code or from exercising pre-judgment remedies under applicable law. The Company has caused this Note to be issued as of the date first written above. SET JET, INC. By: /s/ Txxxxx X. Xxxxx Name: Txxxxx X. Xxxxx Title: President and Chief Executive Officer INVESTOR CXXXXXX ASSET MANAGEMENT GROUP LTD. By: /s/ Mxxxxxx XxXxxxx Name: Mxxxxxx XxXxxxx Its: Chief Executive Officer Address: THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTION 7.1 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION. WARRANT TO PURCHASE STOCK This WARRANT TO PURCHASE STOCK (as amended and in effect from time to time, this “Warrant”) is issued as of the issue date as set forth below (the “Issue Date”) by Set Jet, Inc., a Nevada corporation (the “Company”) to the holder as set forth below (the “Holder”). The parties agree as follows:

Waiver of Jury Trial; Judicial Reference. By acceptance of this Note, Investor hereby agrees and the Company hereby agrees to waive their respective rights to a jury trial of any claim or cause of action based upon or arising out of this Note or any of the Transaction Documents. If the jury waiver set forth in this paragraph is not enforceable, then any claim or cause of action arising out of or relating to this Note, the Transaction Documents or any of the transactions contemplated therein shall be settled by judicial reference pursuant to Code of Civil Procedure Section 638 et seq. before a referee sitting without a jury, such referee to be mutually acceptable to the parties or, if no agreement is reached, by a referee appointed by the Presiding Judge of the California Superior Court for Santa Xxxxx County. This Section paragraph shall not restrict a party from exercising remedies under the Uniform Commercial Code or from exercising pre-judgment remedies under applicable law. * * * * * The Company has caused this Note to be issued as of the date first written above. SET JETFLUIDIGM CORPORATION, INC. a Delaware corporation By: /s/ Txxxxx Xxxxx X. Xxxxx Name: Txxxxx X. Xxxxx Title: President and Xxxxxxxxxxx, President, Chief Executive Officer INVESTOR CXXXXXX ASSET MANAGEMENT GROUP LTD. By: /s/ Mxxxxxx XxXxxxx Name: Mxxxxxx XxXxxxx Its: Chief Executive Officer Address: [Signature Page to Subordinated Convertible Promissory Note] Exhibit B FORM OF WARRANT THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER UNDERLYING SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR UNDER THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTION 7.1 BELOW, STATE. THESE SECURITIES MAY NOT BE OFFERED, SOLDSOLD OR OTHERWISE TRANSFERRED, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED HYPOTHECATED EXCEPT AS PERMITTED UNDER SAID THE ACT AND APPLICABLE STATE SECURITIES LAWS OR, IN ACCORDANCE WITH APPLICABLE REGISTRATION REQUIREMENTS OR AN EXEMPTION THEREFROM. THE ISSUER OF THESE SECURITIES MAY REQUIRE AN OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE REASONABLY SATISFACTORY TO THE COMPANY, ISSUER THAT SUCH OFFER, SALE, TRANSFER, PLEDGE OR OTHER HYPOTHECATION OTHERWISE COMPLIES WITH THE ACT AND ANY APPLICABLE STATE SECURITIES LAWS. THIS WARRANT MUST BE SURRENDERED TO THE COMPANY OR ITS TRANSFER IS EXEMPT FROM SUCH REGISTRATIONAGENT AS A CONDITION PRECEDENT TO THE SALE, TRANSFER, PLEDGE OR HYPOTHECATION OF ANY INTEREST IN ANY OF THE SECURITIES REPRESENTED HEREBY. WARRANT TO PURCHASE SHARES OF SERIES E-1 PREFERRED STOCK This WARRANT TO PURCHASE STOCK (as amended and in effect from time to time, this “Warrant”) is issued of FLUIDIGM CORPORATION Dated as of January 6, 2011 Void after the issue date as set forth below (the “Issue Date”) by Set Jet, Inc., a Nevada corporation (the “Company”) specified in Section 8 No. [ ] Warrant to the holder as set forth below (the “Holder”). The parties agree as follows:Purchase Shares of Series E-1 Preferred Stock

Waiver of Jury Trial; Judicial Reference. By acceptance of this Note, Investor hereby agrees and the Company hereby agrees to waive their respective rights to a jury trial of any claim or cause of action based upon or arising out of this Note or any of the Transaction Documents. If the jury waiver set forth in this paragraph is not enforceable, then any claim or cause of action arising out of or relating to this Note, the Transaction Documents or any of the transactions contemplated therein shall be settled by judicial reference pursuant to California Code of Civil Procedure Section 638 et seq. before a referee sitting without a jury, such referee to be mutually acceptable to the parties or, if no agreement is reached, by a referee appointed by the Presiding Judge of the California Superior Court for Santa Xxxxx County. This Section paragraph shall not restrict a party from exercising remedies under the Uniform Commercial Code or from exercising pre-judgment remedies under applicable law. (Signature Page Follows) The Company has caused this Note to be issued as of the date first written above. SET JET, INCBREKFORD CORP. a Delaware corporation By: /s/ Txxxxx X. Xxxxx Name: Txxxxx X. Xxxxx Title: President and Chief Executive Officer INVESTOR CXXXXXX ASSET MANAGEMENT GROUP AGREED TO AND ACCEPTED: GEMINI MASTER FUND, LTD. By: /s/ Mxxxxxx XxXxxxx Name: Mxxxxxx XxXxxxx ItsTitle: Chief Executive Officer AddressANNEX A NOTICE OF CONVERSION The undersigned hereby elects to convert principal under the 6% CONVERTIBLE PROMISSORY NOTE of BREKFORD CORP., a Delaware corporation, (the “Company”), into shares of common stock (the “Common Stock”), of the Company according to the conditions hereof, as of the date written below. If shares of Common Stock are to be issued in the name of a person other than the undersigned, the undersigned will pay all transfer taxes payable with respect thereto and is delivering herewith such certificates and opinions as reasonably requested by the Company in accordance therewith. No fee will be charged to the holder for any conversion, except for such transfer taxes, if any. By the delivery of this Notice of Conversion the undersigned represents and warrants to the Company that its ownership of the Common Stock does not exceed the amounts specified under Section 5 of this Note, as determined in accordance with Section 13(d) of the Exchange Act. The undersigned agrees to comply with applicable securities laws in connection with any transfer of the aforesaid shares of Common Stock. Conversion calculations Date to Effect Conversion: Principal Amount of Note to be Converted: Interest to be Converted: Number of shares of Common Stock to be issued: Signature: Name: Address for Delivery of Common Stock Certificates: Or DWAC Instructions: Broker No: Account No: Exhibit B FORM OF WARRANT THIS WARRANT AND THE SHARES COMMON STOCK ISSUABLE HEREUNDER UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (AMENDED. THIS WARRANT AND THE “ACT”), OR THE SECURITIES LAWS COMMON STOCK ISSUABLE UPON EXERCISE OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTION 7.1 BELOW, THIS WARRANT MAY NOT BE OFFEREDSOLD, SOLDOFFERED FOR SALE, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO SUCH SECURITIES UNDER SAID SUCH ACT AND LAWS OR, IN THE ANY APPLICABLE STATE SECURITIES LAW OR AN OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE REASONABLY SATISFACTORY TO THE COMPANY, BREKFORD CORP. THAT SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER REGISTRATION IS EXEMPT FROM SUCH REGISTRATIONNOT REQUIRED. WARRANT TO PURCHASE SHARES OF COMMON STOCK This WARRANT TO PURCHASE STOCK (as amended and in effect from time to time, this “Warrant”) is issued as of the issue date as set forth below (the “Issue Date”) by Set Jet, Inc., a Nevada corporation (the “Company”) to the holder as set forth below (the “Holder”). The parties agree as follows:OF BREKFORD CORP.

Waiver of Jury Trial; Judicial Reference. By acceptance of this NoteBY ACCEPTANCE OF THIS NOTE, Investor hereby agrees and the Company hereby agrees to waive their respective rights to a jury trial of any claim or cause of action based upon or arising out of this Note or any of the Transaction DocumentsTHE INVESTOR HEREBY AGREES AND THE COMPANY HEREBY AGREES TO WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS NOTE OR ANY OF THE TRANSACTION DOCUMENTS. This Section 7(h) shall not restrict a party from exercising remedies under the Uniform Commercial Code or from exercising pre-judgment remedies under applicable law. (Signature Page Follows) The Company has caused this Note to be issued as of the date first written above. SET JETCOMPANY: IRHYTHM TECHNOLOGIES, INC. a Delaware corporation By: /s/ Txxxxx X. Xxxxx Name: Txxxxx X. Xxxxx Xxxx Title: President and Chief Executive Officer INVESTOR CXXXXXX ASSET MANAGEMENT GROUP LTD. By: /s/ Mxxxxxx XxXxxxx Name: Mxxxxxx XxXxxxx Its: Chief Executive Officer Address: 000 Xxxxxxxx Xxxxxx, Suite 380 San Francisco, CA 94103 (Signature Page to iRhythm Technologies, Inc. Subordinated Convertible Promissory Note) EXHIBIT C FORM OF WARRANT TO PURCHASE SHARES THIS WARRANT AND THE SHARES SECURITIES ISSUABLE HEREUNDER UPON THE EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR UNDER THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTION 7.1 BELOW, STATE. THESE SECURITIES MAY NOT BE OFFERED, SOLDSOLD OR OTHERWISE TRANSFERRED, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED HYPOTHECATED EXCEPT AS PERMITTED UNDER SAID THE ACT AND APPLICABLE STATE SECURITIES LAWS OR, IN ACCORDANCE WITH APPLICABLE REGISTRATION REQUIREMENTS OR AN EXEMPTION THEREFROM. THE ISSUER OF THESE SECURITIES MAY REQUIRE AN OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE REASONABLY SATISFACTORY TO THE COMPANY, ISSUER THAT SUCH OFFER, SALE, TRANSFER, PLEDGE OR OTHER HYPOTHECATION OTHERWISE COMPLIES WITH THE ACT AND ANY APPLICABLE STATE SECURITIES LAWS. THIS WARRANT MUST BE SURRENDERED TO THE COMPANY OR ITS TRANSFER IS EXEMPT FROM SUCH REGISTRATIONAGENT AS A CONDITION PRECEDENT TO THE SALE, TRANSFER, PLEDGE OR HYPOTHECATION OF ANY INTEREST IN ANY OF THE SECURITIES REPRESENTED HEREBY. Purchase Price «Warrant_Purchase_Price» Dated as of November 1, 2012 Void after the date specified in Section 8 IRHYTHM TECHNOLOGIES, INC. WARRANT TO PURCHASE STOCK This WARRANT TO PURCHASE STOCK (as amended and in effect from time to timeSHARES No. «Warrant_Number» THIS CERTIFIES THAT, this “Warrant”) is issued as of the issue date as set forth below for value received, «Investor», or its registered assigns (the “Issue DateHolder”) by Set Jet), is entitled, subject to the provisions and upon the terms and conditions set forth herein, to purchase from iRhythm Technologies, Inc., a Nevada Delaware corporation (the “Company”) to ), Shares (as defined below), in the holder as amounts, at such times and at the price per share set forth below in Section 1. The term “Warrant” as used herein shall include this Warrant and any warrants delivered in substitution or exchange therefor as provided herein. This Warrant is issued in connection with the transactions described in the Note and Warrant Purchase Agreement, dated as of November 1, 2012, by and among the Company and the Investors described therein (the “HolderNote and Warrant Purchase Agreement”). This Warrant is one of the series of “Warrants” issued pursuant to the Note and Warrant Purchase Agreement. Capitalized terms not otherwise defined herein shall have the respective meanings ascribed to such terms in the Note and Warrant Purchase Agreement and/or the form of subordinated convertible promissory note attached as Exhibit B to the Note and Warrant Purchase Agreement (the “Note”, and together with each other Note issued pursuant to the Note and Warrant Purchase Agreement, the “Notes”). The parties agree Holder of this Warrant is subject to certain restrictions as followsset forth in the Note and Warrant Purchase Agreement. The following is a statement of the rights of the Holder and the conditions to which this Warrant is subject, and to which the Holder, by acceptance of this Warrant, agrees: