Common use of Acceptance and Performance Clause in Contracts

Acceptance and Performance. Ulthera will have the right to modify the Proposal in good faith and Licensors will adopt the modifications. Licensors will perform the Development Services in accordance with the agreed Proposal. If such Development Services are performed at a place other than Ulthera, GTS will permit Ulthera’s representatives to inspect the work from time to time as deemed reasonably necessary by Ulthera and upon prior approval of GTS. GTS will keep Ulthera informed of the progress of the work through a report provided to Ulthera monthly or more frequently if reasonably requested. GTS will notify Ulthera promptly if GTS’s and/or Ardent Sound’s performance of the Development Services falls behind the agreed schedule. In the event that Ulthera desires GTS, through the efforts of Ardent Sound, to undertake additional duties and responsibilities to develop products outside the scope of Development Services, Ulthera and GTS shall negotiate a separate agreement for such additional duties and responsibilities. Licensors will perform the Development Services in compliance with applicable law. Licensors will keep complete and accurate records of all activities conducted pursuant to the Development Services and all Work Product, and such records and Work Product will be considered the confidential information of Ulthera under this Agreement. Licensors shall not subcontract their respective responsibilities under the Development Services without prior written consent of Ulthera.

Acceptance and Performance. Ulthera will have the right to modify the Proposal in good faith and Licensors will adopt the modifications. Licensors will perform the Development Services in accordance with the agreed Proposal. If such Development Services are performed at a place other than Ulthera, GTS will permit Ulthera’s representatives to inspect the work from time to time as deemed reasonably necessary by Ulthera and upon prior approval of GTS[***]. GTS will keep Ulthera informed of the progress of the work through a report provided to Ulthera monthly or more frequently if reasonably requested. GTS will notify Ulthera promptly if GTS’s and/or Ardent Sound’s performance of the Development Services falls behind the agreed schedule. In the event that Ulthera desires GTS, through the efforts of Ardent Sound, to undertake additional duties and responsibilities to develop products outside the scope of Development Services, Ulthera and GTS shall negotiate a separate agreement for such additional duties and [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. responsibilities. Licensors will perform the Development Services in compliance with applicable law. Licensors will keep complete and accurate records of all activities conducted pursuant to the Development Services and all Work Product, and such records and Work Product will be considered the confidential information of Ulthera under this Agreement. Licensors shall not subcontract their respective responsibilities under the Development Services without prior written consent of Ulthera.