Common use of Disposables Clause in Contracts

Disposables. Distributor agrees to meet the following cumulative Sales Targets for Single Use Breathing Inserts (Disposables) in the combined European Territory and Taiwanese Territory in the years 2002 and 2003: Year 2002: [*] total units, with [*] of those units purchased before March 27, 2002. Year 2003: [*] total units. To facilitate Distributor inventory sufficient to meet the above minimum Sales Targets, the following minimum Distributor purchase volumes per calendar quarter are required. Distributor shall order the specified purchase quantity in each calendar quarter, or at Distributor's option, may elect to pay HealtheTech the equivalent amount of any the required quantity not purchased (quantity × unit price) due net thirty (30) days from date of invoice and HealthTech shall invoice Distributor for any such amounts at the end of each quarter ("take or pay"): Disposables, Recommended Purchase Volumes Xxxxxxxx Xxxxxxx Xxxxx xxx Xxxxxxx X0, 0000 [*] Q2, 2002 [*] Q3, 2002 [*] Q4, 2002 [*] Q1, 2003 [*] Q2, 2003 [*] Q3, 2003 [*] Q4, 2003 [*] EXHIBIT C TERRITORIES AND MARKETS

Disposables. Distributor agrees to meet the following cumulative Sales Targets for Single Use Breathing Inserts (Disposables) in the combined European Territory and Taiwanese Territory in the years 2002 and 2003: Year 2002: [*] total units, with [*] of those units purchased before March 27, 2002. Year 2003: [*] total units. To facilitate Distributor inventory sufficient to meet the above minimum Sales Targets, the following minimum Distributor purchase volumes per calendar quarter are required. Distributor shall order the specified purchase quantity in each calendar quarter, or at Distributor's option, may elect to pay HealtheTech the equivalent amount of any the required quantity not purchased (quantity × unit price) due net thirty (30) days from date of invoice and HealthTech shall invoice Distributor for any such amounts at the end of each quarter ("take or pay"): Disposables, Recommended Purchase Volumes Xxxxxxxx Xxxxxxx Xxxxx xxx Xxxxxxx X0, 0000 [*] Q2, 2002 [*] Q3, 2002 [*] Q4, 2002 [*] Q1, 2003 [*] Q2, 2003 [*] Q3, 2003 [*] Q4, 2003 [*] EXHIBIT C TERRITORIES AND MARKETSC

Disposables. Distributor agrees to meet the following cumulative Sales Targets for Single Use Breathing Inserts (Disposables) in the combined European Territory and Taiwanese Territory in the years 2002 and 2003: Year 2002: [***] total units, with [***] of those units purchased before March 27, 2002. Year 2003: [***] total units. To facilitate Distributor inventory sufficient to meet the above minimum Sales Targets, the following minimum Distributor purchase volumes per calendar quarter are required. Distributor shall order the specified purchase quantity in each calendar quarter, or at Distributor's option, may elect to pay HealtheTech the equivalent amount of any the required quantity not purchased (quantity × unit price) due net thirty forty five (3045) calendar days from date of invoice and HealthTech HealtheTech shall invoice Distributor for any such amounts at the end of each quarter ("take or pay"): ). Notwithstanding the foregoing, fifty percent (50%) of the orders in excess of the minimum Distributor purchase volumes in any calendar quarter shall be credited towards the minimum Distributor purchase volumes in the subsequent calendar quarter. Disposables, Recommended Purchase Volumes Xxxxxxxx Xxxxxxx Xxxxx xxx Xxxxxxx X0, 0000 [***] Q2, 2002 [***] Q3, 2002 [***] Q4, 2002 [***] Q1, 2003 [***] Q2, 2003 [***] Q3, 2003 [***] Q4, 2003 [*] EXHIBIT C TERRITORIES AND MARKETS**]