Common use of Consulting or Other Services for Competitors Clause in Contracts

Consulting or Other Services for Competitors. Consultant represents and warrants that Consultant does not presently perform or intend to perform, during the term of the Agreement, consulting or other services for, or engage in or intend to engage in an employment relationship with, companies whose businesses or proposed businesses in any way involve products or services which would be competitive with the Company’s products or services, or those products or services proposed or in development by the Company during the term of the Agreement (except for those companies, if any, listed on Exhibit B attached hereto). Consultant has attached hereto, as Exhibit B, a list of all companies that Consultant presently performs such work for that may meet the requirements of the foregoing sentence (collectively referred to as “Current Competitors”); or, if no such list is attached, Consultant represents that there are no such Current Competitors. Such list specifies the name of the Current Competitor (except in the case that Consultant is contractually bound by an agreement with such Current Competitor not to disclose Consultant’s relationship with such Current Competitor). Such list also provides information (including, but not limited to, the type of relationship Consultant has with the Current Competitor) sufficient to allow the Company to determine if such work for the Current Competitor conflicts with the terms of this Agreement, including the terms of Section 8 (“Confidentiality and Invention Assignment”) of this Agreement, the interests of the Company or the Services. If Consultant decides. during the term of this Agreement, to perform such work for a company not listed on Exhibit B (referred to as a “New Competitor”) or Consultant’s relationship with any Current Competitor changes such that Consultant “s ownership interest in the Current Competitor’s organization significantly increases or the Current Competitor’s technology becomes more similar to the Company’s technology, Consultant agrees that, in advance of accepting or continuing such work, Consultant will promptly notify the Company in writing, providing updated information for the New Competitor or the Current Competitor, as the case may be, to the list contained in Exhibit B. If the Company determines that such work conflicts with the terms of this Agreement, the interests or the Company or the Services, the Company reserves the right to terminate this Agreement immediately. In addition, if at any time the Board or Directors of Pulmonx notifies Consultant that it no longer approves of the work that Consultant is performing for Uptake Medical, Consultant agrees to terminate such work with Uptake Medical within sixty (60) days or receipt or such notice.