0001140361-21-030058 Sample Contracts

INDEMNIFICATION AGREEMENT
Indemnification Agreement • September 1st, 2021 • Cue Health Inc. • Laboratory analytical instruments • Delaware

This Indemnification Agreement (“Agreement”) is made as of [________], 20[ ] by and between Cue Health Inc., a Delaware corporation (the “Company”), and [______________________] (“Indemnitee”) [[Solely with respect to officers and directors that execute this form of indemnification agreement on or prior to the Company’s initial public offering:] and shall be effective as of the effectiveness of a Registration Statement on Form S-1 relating to the initial registration under the Securities Act of 1933, as amended, of shares of the Company’s common stock].

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LEASE AGREEMENT
Lease Agreement • September 1st, 2021 • Cue Health Inc. • Laboratory analytical instruments

THIS LEASE AGREEMENT (this “Lease”) is made this 16th day of January, 2017, between ARE-SD REGION NO. 25, LLC, a Delaware limited liability company (“Landlord”), and CUE INC., a California corporation (“Tenant”).

LEASE by and between BMR-MODA SORRENTO LP, a Delaware limited partnership, AS LANDLORD and CUE HEALTH INC., a Delaware corporation, AS TENANT
Lease • September 1st, 2021 • Cue Health Inc. • Laboratory analytical instruments

THIS LEASE (this “Lease”) is entered into as of this 4th day of December, 2018 (the “Execution Date”), by and between BMR-MODA SORRENTO LP, a Delaware limited partnership (“Landlord”), and CUE HEALTH INC., a Delaware corporation (“Tenant”).

STANDARD INDUSTRIAL/COMMERCIAL MULTI-TENANT LEASE - NET
Cue Health Inc. • September 1st, 2021 • Laboratory analytical instruments
EMPLOYMENT AGREEMENT
Employment Agreement • September 1st, 2021 • Cue Health Inc. • Laboratory analytical instruments • California

THIS EMPLOYMENT AGREEMENT (the “Agreement”), is made as of January 20, 2021 (the “Effective Date”) by and between Cue Health Inc. (the “Company”), and Erica Palsis (the “Executive”) (together, the “Parties”).

Contract
Stock Option Agreement • September 1st, 2021 • Cue Health Inc. • Laboratory analytical instruments • California

IT IS UNLAWFUL TO CONSUMMATE A SALE OR TRANSFER OF THIS SECURITY, OR ANY INTEREST THEREIN, OR TO RECEIVE ANY CONSIDERATION THEREFOR, WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMMISSIONER OF CORPORATIONS OF THE STATE OF CALIFORNIA, EXCEPT AS PERMITTED IN THE COMMISSIONER’S RULES.

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • September 1st, 2021 • Cue Health Inc. • Laboratory analytical instruments

This LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into as of February 5, 2021, by and among CUE HEALTH INC., a Delaware corporation (“Borrower”), the financial institutions from time to time party to this Agreement (collectively, “Lenders” and individually, each a “Lender”) and EAST WEST BANK, as collateral and administrative agent for Lenders (in such capacity, “Agent”).

AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT
Investors’ Rights Agreement • September 1st, 2021 • Cue Health Inc. • Laboratory analytical instruments • Delaware

THIS AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (this “Agreement”), is made as of the 1st day of June, 2020, by and among Cue Health Inc., a Delaware corporation (the “Company”), and each of the investors listed on Schedule A hereto, each of which is referred to in this Agreement as an “Investor,” and any Additional Purchaser (as defined in the Purchase Agreement) that becomes a party to this Agreement in accordance with Section 6.9 hereof.

AMENDED AND RESTATED 2014 EQUITY INCENTIVE PLAN STOCK OPTION AWARD AGREEMENT
Stock Option Award Agreement • September 1st, 2021 • Cue Health Inc. • Laboratory analytical instruments

Subject to your signature below, you have been granted an option (the “Option”) to purchase shares of common stock (“Common Stock”) of Cue Health Inc., a Delaware corporation (the “Company”), pursuant to the Cue Health Inc. Amended and Restated 2014 Equity Incentive Plan (the “Plan”) and this Stock Option Award Agreement (the “Option Agreement”). Your Option is granted under and governed by the terms and conditions of the Plan and this Option Agreement. Capitalized terms used but not defined in this Option Agreement shall have the same meaning as set forth in the Plan.

EMPLOYMENT AGREEMENT
Employment Agreement • September 1st, 2021 • Cue Health Inc. • Laboratory analytical instruments • California

THIS EMPLOYMENT AGREEMENT (the “Agreement”), is made as of July 8, 2021 by and between Cue Health Inc., a Delaware corporation (the “Company”), and Clint Sever (the “Executive”) (together, the “Parties”).

RESTRICTED STOCK UNIT AGREEMENT
Restricted Stock Unit Agreement • September 1st, 2021 • Cue Health Inc. • Laboratory analytical instruments

This grant of RSUs satisfies in full all commitments that the Company has to the Participant with respect to the issuance of stock, stock options or other equity securities.

STANDARD FORM INDUSTRIAL NET LEASE
Cue Health Inc. • September 1st, 2021 • Laboratory analytical instruments

*Subject to abatement of monthly Base Rent for the four (4) month period commencing on April 1, 2021 and ending on July 31, 2021 as provided in Paragraph 3.1 of this Lease.

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