Common use of Waiver and Non-Exclusion of Remedies Clause in Contracts

Waiver and Non-Exclusion of Remedies. (A) A Party’s delay or failure to enforce any provision of this Agreement, or to exercise any right or remedy shall not constitute a waiver of that provision, right or remedy or prevent such Party from enforcing any or all provisions of this Agreement and exercising any rights or remedies in the future. To be effective any waiver must be in writing. The doctrine of affirmation of contract by election shall not apply to this Agreement. (B) No remedy conferred by any provision of this Agreement is intended to be exclusive of any other remedy except as expressly provided for in this Agreement and each and every remedy shall be cumulative and shall be in addition to every other remedy given in this Agreement or existing at law or in equity, by statute or otherwise. SIGNED for and on behalf of XDx, Inc. SIGNED for and on behalf of Diaxonhit /s/ ▇▇▇▇▇ ▇▇▇▇ /s/ Loïc Maurel Name: ▇▇▇▇▇ ▇▇▇▇ Name: Loïc Maurel Title: Chief Executive Officer Title: President of the Management Board European Patent Office EP 1585972 EP 037997558 4/24/2003 METHODS AND COMPOSITIONS FOR DIAGNOSING AND MONITORING TRANSPLANT REJECTION Granted European Patent Office EP 2194145 EP 08016970.9 9/26/2008 METHODS AND COMPOSITIONS FOR DIAGNOSING AND MONITORING TRANSPLANT REJECTION Granted European Patent Office EP 2253719 EP 10157687.4 4/24/2003 METHODS AND COMPOSITIONS FOR DIAGNOSING AND MONITORING TRANSPLANT REJECTION Granted European Patent Office EP 2292786 EP 10183179.0 4/24/2003 METHODS AND COMPOSITIONS FOR DIAGNOSING AND MONITORING TRANSPLANT REJECTION Granted European Patent Office EP 1885889 EP 06770255.5 5/11/2006 METHODS OF MONITORING FUNCTIONAL STATUS OF TRANSPLANTS USING GENE PANELS PENDING Product Purchase Price* AlloMap Plates €[***] per AlloMap plate for first [***] plates; €[***] per AlloMap plate thereafter AlloMap Sample Processing/Collection Kits €[***] for box of [***] units to process blood specimens for up to [***] Tests AlloMap Shipper Kits €[***] each CPT Tubes €[***] for each box of [***] CPT tubes * Prices exclude shipping costs and are converted at €1 to $1.3 and rounded to the nearest Euro; prices quoted for sample processing kits, shipper kits and CPT tubes are at XDx current costs PART B — SPECIFICATIONS AlloMap Plates: [***] well PCR plates that contain probes, primers and the enzyme required for the qRT-PCR step of the Test. Each plate allows testing of up to [***] samples. AlloMap Sample Processing/Collection Kits: Required reagents and disposables used to process peripheral blood collected in CPT tubes into a stabilized mononuclear cell lysate. Processing of the blood specimen is performed at the draw site. Lysates are then frozen and shipped on dry ice to the laboratory which will conduct the Test.