Common use of Product Warranty Clause in Contracts

Product Warranty. Bioject warrants to AngioSense that at the time of delivery to AngioSense of the Aject (alone or as part of the AngioSense Product) purchased by AngioSense shall (i) have been manufactured in compliance with Good Manufacturing Practices (GMP) as established by the FDA and (ii) conform to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty (express, implied, or statutory) for any Aject (alone or as part of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conforming, then AngioSense shall be responsible for payment of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to repair or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT MAKES NO OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE.

Product Warranty. Bioject A. GDTI warrants that the media on which the Products are delivered to AngioSense Distributor will be free from defects in material and workmanship for a period of ninety (90) days from date of shipment. GDTI does not warrant and shall not be responsible for damage or malfunctions of its Products that at the time of delivery to AngioSense are caused by use of the Aject (alone or as part of the AngioSense Product) purchased by AngioSense shall (i) have been manufactured Products other than in compliance accordance with Good Manufacturing Practices (GMP) as established by the FDA and (ii) conform to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty (express, implied, or statutory) for any Aject (alone or as part of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense documentation or by integration with or use in conjunction with other products outside its control. B. GDTI shall notify Bioject incur no later than thirty liability under this warranty if: (301) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence allegedly defective media are not returned prepaid to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications GDTI within thirty (30) days after receipt of AngioSensethe discovery of the alleged defect and in accordance with GDTI's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established procedures; or (2) GDTI's tests disclose that the Aject was conforming, then AngioSense shall be responsible alleged defect is not due to defects in material or workmanship. C. GDTI's exclusive liability for payment any breach of the Aject. All returns shall be as warranty set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be limited to either repair or replace replacement of the defective Products, at BiojectGDTI's option any nonconforming Ajects. OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT option. D. GDTI MAKES NO OTHER WARRANTIESEXPRESS OR IMPLIED WARRANTIES REGARDING THE QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE BEYOND THE WARRANTY WHICH APPEARS ABOVE. GDTI SHALL NOT BE RESPONSIBLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGES TO BUSINESS OR BUSINESS RELATIONS EVEN IF GDTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY IMPLIED WARRANTIES FAILURE OF MERCHANTABILITY ESSENTIAL PURPOSE OF ANY LIMITED OR FITNESS FOR A PARTICULAR USEEXCLUSIVE REMEDY OF ANY KIND. UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY OF GDTI TO DISTRIBUTOR OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT PAID BY DISTRIBUTOR TO GDTI UNDER THIS AGREEMENT. THE LIMITATIONS ON LIABILITY SET FORTH IN THIS AGREEMENT SHALL APPLY TO ALL CAUSES OF ACTION, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, MISREPRESENTATION AND OTHER TORTS. THE WARRANTY SET FORTH IN SECTION 14.A IS IN LIEU OF ALL OTHER WARRANTIES. E. THE WARRANTY SET FORTH IN SECTION 14.A IS INVALID IF DISTRIBUTOR LICENSES OR DISTRIBUTES THE PRODUCTS OUTSIDE THE AUTHORIZED AREA WITHOUT THE PRIOR WRITTEN CONSENT OF GDTI.

Product Warranty. Bioject Subject to the limitations of Section 12, Seller warrants to AngioSense that at the time Products manufactured by Seller and supplied hereunder will be free from defects in materials and workmanship under normal conditions of delivery to AngioSense use and service for a varying periods depending upon the type of product purchased. The length and duration of the Aject (alone warranty is stipulated in each products warranty document supplied with the product or as part found on the Company’s website xxx.xxxxxxxxxxxxxx.xxx in the Warranty section. The foregoing warranty shall be void in its entirety if the failure of any Product shall be caused by any installation, operation, or maintenance of the AngioSense Product) purchased by AngioSense shall (i) have been manufactured Product that does not conform with the requirements set forth in compliance with Good Manufacturing Practices (GMP) as established by the FDA Seller’s Owner’s Manual, Use Guidelines or Installation Guidelines provided to Buyer explaining proper methods of installation, operation, and (ii) conform to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty (express, implied, or statutory) for any Aject (alone or as part maintenance of the AngioSense Product) that applicable Product or is modified the result of any cause other than a defect in the material or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part workmanship of the AngioSense Product. Any description of the Products, whether in writing or made orally by Seller or Seller’s agents, specifications, samples, models, bulletins, diagrams, engineering sheets or similar materials used in connection with Buyer’s order are for the sole purpose of identifying the Products and shall not be construed as an express warranty. Any suggestions by Seller or Seller’s agents regarding use, application or suitability of the Products shall not be construed as an express warranty unless confirmed to be such in writing by an authorized officer of Seller. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY HEREUNDER SHALL BE LIMITED, AT SELLER’S ELECTION, TO REPAIR OR REPLACEMENT (IN THE FORM ORIGINALLY SHIPPED) supplied hereunder fails OF THE PRODUCTS NOT COMPLYING WITH THIS AGREEMENT. Buyer shall provide written B. Seller’s place of manufacture, the Products found by Seller to conform be defective. Failure by Buyer to give such written notice within the applicable Aject Specification and/or AngioSense Product Specificationtime period shall be deemed an absolute and unconditional waiver of Buyer’s claim for such defects. Buyer shall not return Products that are claimed to be defective, AngioSense shall notify Bioject no later than thirty (30) days after its discovery and Seller will not accept any such Product, unless authorized in advance in writing by an authorized officer of the nonconformity (but Seller. Such Products must be shipped to Seller in no event later than one hundred accordance with Seller’s instructions and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conforming, then AngioSense Seller shall be responsible for payment costs of shipment solely to the extent such Products are returned in accordance with Seller’s instructions. Products repaired or replaced during the warranty period shall be covered by the foregoing warranty for the remainder of the Ajectoriginal warranty period or 90 days from the date of shipment, whichever is longer. All returns Buyer assumes all other responsibility for loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of Products, either alone or in combination with other products/components. This Section 9 applies to any entity or person who may buy, acquire or use the Products, including any entity or person who obtains the Products from Buyer. Xxxxx agrees to provide such subsequent transferee conspicuous, written notice of the provisions of Sections 9, 10 and 12, and such subsequent transferee shall be as set forth in Section 8.9 above. Bioject's sole obligation under bound by the warranty stated above shall be to repair or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT MAKES NO OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USElimitations herein.

Product Warranty. Bioject Cardima warrants that the Products sold to AngioSense Distributor will at all times comply with the requirements of and regulations adopted pursuant to the US. Federal Food, Drug, and Cosmetic Act. Cardima will provide, when requested by Distributor, certification that at to the time best of delivery to AngioSense of the Aject (alone or as part of the AngioSense Product) purchased by AngioSense shall (i) have been manufactured its knowledge it is in compliance with Good Manufacturing Practices (GMP) as established by the FDA U.S. laws, statutes, rules, regulations and (ii) conform relevant orders relating to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty (expressmanufacture, implieduse, or statutory) for any Aject (alone or as part distribution and sale of the AngioSense Product) that is modified . CARDIMA'S SOLE OBLIGATION UNDER THE FOREGOING WARRANTY SHALL BE, AT CARDIMA'S SOLE ELECTION, TO EITHER REPLACE THE RELEVANT PRODUCT OR REFUND DISTRIBUTOR'S PURCHASE PRICE FOR SUCH PRODUCT. IN NO EVENT SHALL CARDIMA BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS BY THE CUSTOMER OR FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES FOR BREACH OF WARRANTY. Such obligation shall be subject to Cardima being granted the reasonable opportunity to inspect the allegedly defective Product at the location of its use or subjected to accidentstorage and, misuseupon request in accordance with Cardima's instruction, neglect or improper storage. If the Aject (alone or as part return of the AngioSense Product) supplied hereunder fails Product to conform to the applicable Aject Specification and/or AngioSense Product SpecificationCardima at Cardima's cost. Any such replacement of Products may be made by substitution of any similar product. NOTWITHSTANDING THE FOREGOING, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformityCARDIMA SHALL HAVE NO WARRANTY OR OTHER OBLIGATION WITH RESPECT TO ANY PRODUCT SOLD HEREUNDER IF SUCH PRODUCT HAS EXPIRED CONSISTENT WITH LABELS OR OTHER PUBLICATIONS BY CARDIMA OR HAS NOT BEEN USED, HANDLED OR STORED IN ACCORDANCE WITH INDUSTRY PRACTICE AND GUIDELINES WHICH MAY BE COMMUNICATED BY CARDIMA. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conformingEXCEPT AS EXPRESSLY PROVIDED ABOVE, then AngioSense shall be responsible for payment of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to repair or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT MAKES CARDIMA GRANTS NO OTHER WARRANTIESWARRANTIES OR CONDITIONS, INCLUDINGEXPRESS OR IMPLIED, BUT NOT LIMITED TOBY STATUTE, THIS AGREEMENT OR ANY IMPLIED WARRANTIES OF COMMUNICATION BY CARDIMA, REGARDING THE PRODUCT, THEIR FITNESS FOR ANY PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR USEOTHERWISE.

Product Warranty. Bioject (a) Seller warrants to AngioSense that at the time of delivery to AngioSense of the Aject (alone or as part of the AngioSense Product) purchased by AngioSense shall Customer only, that: (i) As of the date title to Products passes to Customer, Seller will have been manufactured in compliance with Good Manufacturing Practices (GMP) as established the right to sell, transfer, and assign such Products and the title conveyed by the FDA and Seller shall be good; (ii) conform to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty (expressUpon shipment or, impliedif installed by Seller, on acceptance by Customer or statutory) for any Aject (alone or as part of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after from the date Seller submits its discovery notice of completion of its installation, whichever is sooner, Seller's Manufactured Products will be free from defects in material and workmanship, and will conform to Seller's specification or any other agreed-upon specification referenced in the order for such Product; and (iii) With respect to Vendor Items, Seller, to the extent permitted, does hereby assign to Customer the warranties given to Seller by its vendor of such Vendor Items. Such assignment will be effective on the date of shipment of such Vendor Items. With respect to Vendor Items recommended by Seller in its specifications for which the vendor's warranty cannot be assigned to Customer, or if assigned, less than sixty (60) days remain of the nonconformity vendor's warranty at the time of assignment, Seller warrants for sixty (but in no event later than one hundred and eighty-five (18560) days after delivery) and AngioSense shall present reasonable evidence to Bioject from the date of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone shipment or, if installed by Seller, on acceptance by Customer or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt from the date Seller submits its notice of AngioSensecompletion of its installation whichever is sooner, that such Vendor's notification Items will be free from defects in material and workmanship. (b) The Warranty Periods listed below are applicable to Seller's Manufactured Products furnished pursuant to this Agreement, unless otherwise stated: Repaired or Class of New Replacement Product Product* Product or Part** ----------------------------------------- --------- ----------------- Cellular Radio Telecommunications Systems & Cell Sites 24 Months 6 Months Transmission Systems -All Transmission Products in the "2000 Product Family" 60 Months 6 Months -D4 Circuit Packs 60 Months 6 Months -SLC Circuit Packs 60 Months 6 Months -SLC Series 5 Plug-ins 60 Months 6 Months -T1 Repeaters 60 Months 6 Months -DDM-1000 Circuit Packs 60 Months 6 Months Lucent Technologies Inc. Proprietary -Other Transmission Products 24 Months 6 Months * Refer to the SOFTWARE WARRANTY CLAUSE for associated Software warranties. ** The Warranty Period for a repaired Product or part thereof repaired under or for a replacement Product of Part thereof furnished in lieu of repair under this Section 11.1Warranty is the period listed or the un-expired term of the new Product Warranty Period, whichever is longer. Bioject may analyze Notwithstanding anything in this Agreement to the Aject rejected contrary, Customer's use of any part of an Initial System In Revenue Service or to provide training or hands-on experience to Customer's personnel shall, if prior to Seller's notice of installation completion, commence the applicable warranty period; provided, however, this provision shall not apply to training provided by AngioSense for Seller nor to the extent that Customer's personnel merely familiarize themselves with the Initial System without actual operation of the Products. (c) If, under normal and proper use during the applicable Warranty Period, a defect or nonconformity is identified in a Product furnished by Seller, and Customer notifies Seller in writing of such defect or nonconformity promptly after Customer discovers such defect or nonconformity and if it is objectively established that follows Seller's instructions regarding the Aject was conforming, then AngioSense shall be responsible for payment return of the Aject. All returns defective or nonconforming Product, Seller shall be as set forth in Section 8.9 above. Bioject's sole obligation under take the warranty stated above following action: (i) Seller, at its option, shall be attempt first to repair or replace such Product without charge at Biojectits facility or, if not feasible, provide a refund or credit based on the original purchase price, and installation charges if installed by Seller. Customer must return the Product to Seller for repair and replacement, except as noted below. (ii) Where Seller has elected to repair or replace a Product which has been installed by Seller and Seller ascertains that the Product is not readily returnable by Customer, Seller will repair or replace the Product at Customer's option any site. (d) If Seller has elected to repair or replace a defective Product, Customer is responsible for removing and reinstalling and, in addition, for on-site repair or replacement of cable and wire Products, Customer must make the Product accessible for repair or replacement, and is responsible to restore the site. (e) Products returned for repair or replacement will be accepted by Seller only in accordance with its instructions and procedures for such returns. The transportation expense associated with returning such Product to Seller shall be borne by Customer. Seller shall pay the cost of transportation of the repaired or replacing Product to the destination designated by Customer within the Territory. (f) Defective or nonconforming AjectsProducts or parts which are replaced hereunder shall become Seller's property. Seller may use either new, remanufactured, reconditioned, refurbished, or functionally equivalent Products or parts in the furnishing of repairs or replacements under this Agreement. Lucent Technologies Inc. Proprietary (g) If Seller determines that a Product for which warranty Service is claimed is not defective or not nonconforming, Customer shall pay Seller's costs of handling, inspecting, testing, and transporting and, if applicable, traveling and related expenses. (h) Seller makes no warranty with respect to defective conditions or nonconformities resulting from the following: Customer modifications, misuse, neglect, accident or abuse; improper wiring, repairing, splicing, alteration, installation, storage or maintenance; use in a manner not in accordance with Seller's or vendor's specifications, or operating instructions or failure of Customer to apply previously applicable Seller modifications and corrections. In addition, Seller makes no warranty with respect to Products which have had their serial numbers or months and year of manufacture removed, altered and with respect to expendable items, including, without limitation, fuses, light bulbs, motor brushes, and the like. (i) THE FOREGOING PRODUCT WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT MAKES NO OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED TO WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR USEPURPOSE. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY SHALL BE SELLER'S OBLIGATION TO REPAIR, REPLACE, CREDIT OR REFUND AS SET FORTH ABOVE IN THIS WARRANTY.

Product Warranty. Bioject Pharmacia warrants that each Product delivered to AngioSense that Celltech pursuant to this Agreement will be merchantable, will conform to the Specifications, will not be adulterated or misbranded within the meaning of each European Law analogous to the Act, will conform to all applicable regulations all Drug Regulatory Authorities and other Governmental Authorities in the Territory including without limitation all Product Approvals, Establishment Registrations and regulations regarding the Product’s Labeling and, at the time of delivery to AngioSense Celltech, will have a minimum of * of the Aject (alone or Product shelf life, as part of per any applicable Product Approvals, Establishment Registrations and regulations regarding the AngioSense Product) purchased by AngioSense shall (i) have been manufactured in compliance with Good Manufacturing Practices (GMP) as established by the FDA and (ii) conform to the Aject Specification and/or AngioSense Product Specification as the case may be’s Labeling. Bioject makes no warranty (express, implied, or statutory) for any Aject (alone or as part of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conforming, then AngioSense shall be responsible for payment of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to repair or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY THE WARRANTIES SET FORTH HEREININ THIS SECTION 6.1(K) ARE THE ONLY WARRANTIES MADE BY PHARMACIA WITH RESPECT TO THE PRODUCT TO BE DELIVERED TO CELLTECH PURSUANT TO THIS AGREEMENT AND THESE WARRANTIES ARE PROVIDED IN LIEU OF AND PHARMACIA EXPRESSLY DISCLAIMS ANY OTHER REPRESENTATION AND WARRANTY OF ANY KIND, BIOJECT MAKES NO OTHER WARRANTIESEXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ORAL OR WRITTEN INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USEPURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. CELLTECH ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY PROVIDED HEREIN NO OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS TO BE DELIVERED TO CELLTECH PURSUANT TO THIS AGREEMENT HAVE BEEN MADE TO CELLTECH BY OR ON BEHALF OF PHARMACIA.

Product Warranty. Bioject warrants (a) JAVELIN shall provide to AngioSense that RIVA and the purchasers of the Products, JAVELIN's standard warranties as are then in effect at the time of delivery to AngioSense for all components of the Aject Products manufactured or produced by JAVELIN; provided, however, that the period covered by such warranties shall include the period ending twelve (alone or as part 12) months after the date of sale of the AngioSense Product) purchased Product by AngioSense RIVA. Notwithstanding the foregoing, the time and scope of such warranties shall (i) have been manufactured in compliance with Good Manufacturing Practices (GMP) as established by the FDA and (ii) conform to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty (express, implied, or statutory) for any Aject (alone or as part of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred exceed the time and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence scope of any warranties granted by RIVA to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part any purchaser of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSenseProducts. Under no circumstances shall JAVELIN's notification warranties provided under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense subsection (a) apply to any Products which have been used with unapproved software or hardware or which have been customized, modified, damaged or misused. (b) JAVELIN extends to RIVA for nonconformity and if it is objectively established that the Aject was conforming, then AngioSense shall be responsible for payment all components of the AjectProducts manufactured or produced by any entity other than JAVELIN, the warranties as to such components provided by such other entity to JAVELIN for the length of time that such warranty remains valid for JAVELIN. (c) THE PROVISIONS OF THE FOREGOING WARRANTIES ARE IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). All returns shall be as set forth in Section 8.9 aboveJAVELIN'S LIABILITY ARISING OUT OF THE MANUFACTURE, SALE OR SUPPLYING OF THE PRODUCTS OR THEIR USE OR DISPOSITION, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL PURCHASE PRICE PAID BY RIVA FOR THE PRODUCTS. Bioject's sole obligation under the warranty stated above shall be to repair or replace at Bioject's option any nonconforming Ajects. IN NO EVENT SHALL JAVELIN BE LIABLE TO RIVA OR ANY OTHER THAN EXPRESSLY SET FORTH HEREINPERSON OR ENTITY FOR PUNITIVE, BIOJECT MAKES NO OTHER WARRANTIESSPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES LOSS OF MERCHANTABILITY PROFITS OR FITNESS FOR A PARTICULAR USELOSS OF USE DAMAGES) ARISING OUT OF THE MANUFACTURE, SALE OR SUPPLYING OF THE PRODUCTS, EVEN IF JAVELIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

Product Warranty. Bioject Seller warrants the product as a production item ("Item"), but not related services or prototypes of any such Items, to AngioSense that at be free from defects in material and workmanship and to be in conformance with the time of delivery written specification, if any, and referenced in an order accepted by Seller. If any defect in material or workmanship or failure to AngioSense conform to such specification ("Defect") is suspected in any such Items, Maxtor, after obtaining a Returned Material Authorization number from Seller, shall ship suspected defective samples of the Aject (alone Items to Seller, following Seller's instructions regarding the return. No product will be accepted for replacement, credit or as part refund without the written authorization of and in accordance with Seller's instructions. Seller shall analyze the AngioSense Product) purchased failures, making use, when appropriate, of technical information provided by AngioSense Maxtor relating to the circumstances surrounding the failures. Seller will verify whether any Defect appears in the Items. If Seller determines that the returned products are not defective, Maxtor shall pay Seller all costs of handling, inspection, repairs and transportation at Seller's then prevailing rates. Seller shall, at Seller's s option, taking Maxtor's request into reasonable account, either credit or refund the purchase price, or replace the defective product without charge with the same or equivalent product provided: (i) have been manufactured Maxtor notifies Seller in compliance with Good Manufacturing Practices (GMP) as established by the FDA and (ii) conform to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty (express, implied, or statutory) for any Aject (alone or as part writing of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications claimed Defect within thirty (30) days after receipt Maxtor knows or reasonably should know of AngioSensethe claimed Defect, (ii) Seller's notification under this Section 11.1. Bioject may analyze examination of the Aject rejected by AngioSense for nonconformity and if it is objectively established Items discloses that the Aject was conformingclaimed Defect actually exists and (iii) in the case of any product other than packaged monolithic integrated circuits, then AngioSense the defect appears within twelve (12) months from the date of shipment of the product. In the event of a replacement, Seller shall ship the replacing Items FOB point of origin, freight prepaid to Maxtor's destination. Any replaced Item shall become Seller's property. The method of disposition of any replaced Items will be as mutually agreed by both parties in writing. In no event shall Seller be responsible for payment deinstallation or reinstallation of any Item or for the Ajectexpenses thereof. All returns shall Replacements covered by the above warranty are warranted to be free from defects as set forth in Section 8.9 above. Bioject's sole obligation under Inspection and acceptance of Items by Maxtor and/or payment therefor shall not relieve Seller of responsibilities hereunder. The above warranty does not apply to, and Seller makes no warranties with respect to products that: are software programs, experimental products or prototypes (all of which are provided "AS IS") or to Items which have been subjected to misuse, neglect, accident or abuse or operating or environmental conditions that deviate from the parameters established in applicable specifications; or have been improperly installed, stored, maintained, repaired or altered by anyone other than Seller; or have had their serial numbers or month and year of manufacture or shipment removed, defected or altered. This warranty stated above shall be does not extend to repair or replace at Bioject's option any nonconforming Ajectssystem into which a product is incorporated. OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT MAKES NO OTHER WARRANTIESWARRANTY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USEPURPOSE IS GIVEN WITH RESPECT TO SUCH SERVICE OR ANY OTHER SERVICE PROVIDED BY SELLER UNDER THIS AGREEMENT. This warranty applies only to Maxtor and may not be assigned or extended by Maxtor to any of its customers or other users of the Items. Seller will not accept any returns from Maxtor's customers or users of Maxtor's products. EXCEPT AS STATED IN THE SECTION ENTITLED WARRANTY, SELLER, ITS SUBSIDIARIES AND AFFILIATES, SUBCONTRACTORS AND SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MAXTOR'S SOLE AND EXCLUSIVE REMEDY SHALL BE SELLER'S OBLIGATION TO REPLACE OR CREDIT OR REFUND AS SET FORTH ABOVE.

Product Warranty. Bioject Cardima warrants that the Products sold to AngioSense Distributor will at all times comply with the requirements of and regulations adopted pursuant to the US. Federal Food, Drug, and Cosmetic Act. Cardima will provide, when requested by Distributor, certification that at to the time best of delivery to AngioSense of the Aject (alone or as part of the AngioSense Product) purchased by AngioSense shall (i) have been manufactured its knowledge it is in compliance with Good Manufacturing Practices (GMP) as established by the FDA US laws, statutes, rules, regulations and (ii) conform relevant orders relating to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty (expressmanufacture, implieduse, or statutory) for any Aject (alone or as part distribution and sale of the AngioSense Product) that is modified . CARDIMA'S SOLE OBLIGATION UNDER THE FOREGOING WARRANTY SHALL BE, AT CARDIMA'S SOLE ELECTION, TO EITHER REPLACE THE RELEVANT PRODUCT OR REFUND DISTRIBUTOR' S PURCHASE PRICE FOR SUCH PRODUCT. IN NO EVENT SHALL CARDIMA BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS BY THE CUSTOMER OR FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES FOR BREACH OF WARRANTY. Such obligation shall be subject to Cardima being granted the reasonable opportunity to inspect the allegedly defective Product at the location of its use or subjected to accidentstorage and, misuseupon request in accordance with Cardima's instruction, neglect or improper storage. If the Aject (alone or as part return of the AngioSense Product) supplied hereunder fails Product to conform to the applicable Aject Specification and/or AngioSense Product SpecificationCardima at Cardima's cost. Any such replacement of Products may be made by substitution of any similar product. NOTWITHSTANDING THE FOREGOING, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformityCARDIMA SHALL HAVE NO WARRANTY OR OTHER OBLIGATION WITH RESPECT TO ANY PRODUCT SOLD HEREUNDER IF SUCH PRODUCT HAS EXPIRED CONSISTENT WITH LABELS OR OTHER PUBLICATIONS BY CARDIMA OR HAS NOT BEEN USED, HANDLED OR STORED IN ACCORDANCE WITH INDUSTRY PRACTICE AND GUIDELINES WHICH MAY BE COMMUNICATED BY CARDIMA. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conformingEXCEPT AS EXPRESSLY PROVIDED ABOVE, then AngioSense shall be responsible for payment of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to repair or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT MAKES CARDIMA GRANTS NO OTHER WARRANTIESWARRANTIES OR CONDITIONS, INCLUDINGEXPRESS OR IMPLIED, BUT NOT LIMITED TOBY STATUTE, THIS AGREEMENT OR ANY IMPLIED WARRANTIES OF COMMUNICATION BY CARDIMA, REGARDING THE PRODUCT, THEIR FITNESS FOR ANY PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR USEOTHERWISE.

Product Warranty. Bioject 12.1 Xxxxxxx warrants to AngioSense Remarketer that at the time of delivery to AngioSense of the Aject (alone or as part of the AngioSense Product) purchased by AngioSense shall (i) have been manufactured the Compression Equipment will conform in compliance with Good Manufacturing Practices (GMP) as established by all material respects to Minerva's published specifications pertaining to the FDA Compression Equipment, respectively and (ii) the Compression Equipment will be free from material operating defects under normal and anticipated use in the operating environment as specified in the published specifications (the "Hardware Warranty"), commencing on the Effective Date and ending ninety (90) days from the date of shipment by Xxxxxxx to Remarketer. 12.2 Xxxxxxx warrants to Remarketer that the Licensed Programs will conform to Minerva's published specifications (the Aject Specification and/or AngioSense Product Specification as "Software Warranty"), commencing on the case may beEffective Date and ending ninety (90) days from the date of shipment by Xxxxxxx to Remarketer. Bioject makes no warranty (express, impliedXxxxxxx does not warrant that the functions contained in the Licensed Programs will meet a Customer's requirements, or statutorythat the operation of the Licensed Programs will be uninterrupted or error-free, or that all defects in the Licensed Programs will be corrected. Repaired or replaced Product shall be warranted against defects for a period of 90 days from shipment. 12.3 Minerva's sole and exclusive liability, and Remarketer's sole and exclusive remedy for a breach of the Software Warranty, shall be for Xxxxxxx to provide Remarketer with Maintenance Modifications and Upgrades (for the purpose of correcting program errors) during the Software Warranty Period. Minerva's sole and exclusive liability, and Remarketer's sole and exclusive remedy for a breach of the Hardware Warranty, shall be for Xxxxxxx to use reasonable efforts to, at its option, repair or replace the Compression Equipment within ten (10) days of Minerva's receipt of the Compression Equipment or Replacements Parts from Remarketer. If Xxxxxxx is unable, for any reason, to so repair or replace any Compression Equipment, then Xxxxxxx shall refund to Remarketer the price paid by Remarketer (less a reasonable amount for the use of defective hardware or media) for any Aject (alone such equipment, upon return of such equipment to Xxxxxxx. 12.4 To obtain repair or as part replacement of the AngioSense ProductCompression Equipment, Remarketer shall, during the Hardware Warranty Period, return the defective product, freight prepaid, in either the original carton or a similar package affording an equal degree of protection, to Xxxxxxx or to a facility designated by Xxxxxxx, for examination and testing. A Return Merchandise Authorization (RMA) number must be obtained from Xxxxxxx prior to, and must be included with, the shipment. In the event Minerva's examination and testing discloses a defect, Xxxxxxx will return the replaced or repaired Compression Equipment or Replacement Part freight prepaid to Remarketer. Xxxxxxx is not obligated to provide Remarketer with a substitute unit during the Hardware Warranty Period or at any time. 12.5 In all cases, Minerva's liability under this warranty is subject to the following additional conditions: (i) Xxxxxxx shall not be liable under this warranty if its testing and examination by Xxxxxxx disclose that is Compression Equipment have been modified or subjected to accidentaltered in any material manner after shipment by Xxxxxxx; (ii) Xxxxxxx shall not be liable under this warranty if its testing and examination disclose that the alleged defect in the Compression Equipment does not exist, or was caused by Remarketer or any third party's misuse, neglect neglect, improper installation or improper storage. If testing or unauthorized attempts to repair the Aject (alone Compression Equipment or as part the Replacement Part, or the subjection of the AngioSense Compression Equipment or Replacement Part to unusual physical or electrical stress, or any other cause beyond the range of its intended use; (iii) Xxxxxxx shall not be liable under any warranty under this agreement with respect to any Compression Equipment that are not returned in their original shipping container or a functionally equivalent container; (iv) If Minerva's testing and examination do not disclose a defect ("NTF"- no trouble found) warranted under this agreement, then Xxxxxxx shall so advise Remarketer and shall return such Compression Equipment to Remarketer in accordance with Remarketer's instructions and at Remarketer's cost, and Remarketer shall reimburse Xxxxxxx for its expenses in testing and examining the Compression Equipment, calculated at Minerva's then-current published rates, currently at $100 per hour as of date of execution of this agreement. If, in its reasonable discretion Xxxxxxx determines that such NTF is isolated in nature or otherwise not due to lack of Remarketer diligence, then Xxxxxxx may waive assessments under this clause on a case-by-case basis. 12.6 At the time of submitting a purchase order to Xxxxxxx hereunder for Licensed Programs or Compression Equipment, Remarketer shall have the option to purchase for resale to any Customer, an extension to Minerva's warranty. This extension will extend both the Hardware Warranty Period and the Software Warranty Period to cover the twelve (12) months following the date of shipment from Xxxxxxx to Remarketer. The price to Remarketer for such extended warranty shall be ten percent (10%) of Remarketer's then-current purchase price of Minerva's Product) supplied hereunder fails . Following the expiration of any such extended warranty, Remarketer's customer shall be entitled to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery purchase a service contract on Minerva's then current terms and conditions. Attached hereto as Exhibit D are Minerva's service terms and prices as of the nonconformity (Effective Date. 12.7 In the event that a Customer's Licensed Program is no longer within the Software Warranty Period, but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense such Customer desires to upgrade its Licensed Program(s), Xxxxxxx shall present reasonable evidence to Bioject provide the latest upgrade of such nonconformity. Bioject agrees Licensed Program(s) to replace such Customer at no additional expense a price equal to AngioSense such a nonconfirming Aject eighty percent (alone or as part 80%) of Minerva's then-current price for its extended warranty described in Section 12.6 above. 12.8 Except for the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conforming, then AngioSense shall be responsible for payment of the Aject. All returns shall be as warranties set forth in Section 8.9 Sections 12.1 and 12.2 above. Bioject's sole obligation under the warranty stated above shall be to repair or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT MAKES XXXXXXX MAKES, AND REMARKETER, ITS SUBDISTRIBUTORS AND END USERS RECEIVE, NO OTHER WARRANTIES, INCLUDINGEXPRESS, BUT NOT LIMITED TOIMPLIED, STATUTORY, IN ANY COMMUNICATION WITH XXXXXXX OR OTHERWISE, WITH RESPECT TO MINERVA'S PRODUCTS, AND XXXXXXX SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USEPURPOSE.

Product Warranty. Bioject warrants to AngioSense that Product supplied by GENSIA shall at the time of delivery have a remaining shelf life equal to AngioSense or greater than the maximum shelf life for the Product in the approved ANDA less three (3) months. GENSIA warrants that Product delivered to OHMEDA PPD hereunder, shall at the time of delivery until the Aject expiration thereof as shown by the expiration date on the Product package (alone or as part of the AngioSense Product) purchased by AngioSense shall "Warranty Period"): (i) be free from defects in Materials and manufacture and shall conform to the Specifications therefor, as such Specifications are set forth in the applicable ANDA therefor, (ii) conform to all additional Product specifications mutually agreed upon, and (iii) have been manufactured in compliance accordance with current Good Manufacturing Practices as listed in 21 CFR 211 and shall conform in all material respects to all applicable regulations and all other requirements of applicable regulatory authorities throughout the Territory. GENSIA further warrants and guarantees that, as of the date of each shipment hereunder to OHMEDA PPD of any Product subject to the provisions of the United States Food and Drug and Cosmetic Act or any applicable statute or regulation in the Territory, such Product shall not, when shipped, be adulterated or misbranded within the meaning of any applicable law, or be an article which may not, under the provisions of applicable law, be sold in the Territory. The warranties contained herein shall not apply to any Product which (GMPi) as established has been tampered with or otherwise altered other than by the FDA and GENSIA or supplier; (ii) conform has been subject to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty (express, implied, or statutory) for any Aject (alone or as part of the AngioSense Product) that is modified or subjected to accident, misuse, neglect negligence or improper storage. If accident other than by GENSIA or its supplier; or (iii) has been stored, handled or used in a manner contrary to FDA requirements or (iv) has expired its stated shelf life (subject to OHMEDA PPD's right to reject Product that does not meet the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conforming, then AngioSense shall be responsible for payment of the Aject. All returns shall be as shelf life requirements set forth in Section 8.9 above). Bioject's sole obligation under the warranty stated above shall be to repair or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREINPROVIDED IN THIS AGREEMENT, BIOJECT GENSIA MAKES NO OTHER WARRANTIESWARRANTIES EITHER EXPRESS, INCLUDINGIMPLIED OR OTHERWISE, BUT NOT LIMITED TO, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USEPURPOSE.

Product Warranty. Bioject warrants Products manufactured by TreeTop Products utilize the best quality materials available, and are built by experts with unparalleled craftsmanship. Because of this, we are proud to AngioSense that offer a warranty on these recycled plastic site furnishings for 50-years. None of our competitors can do this. Just imagine; your hair will turn gray before you need to replace one of our products! Our products shall be free of defects in material and workmanship for the Warranty Period - in effect at the time date of delivery to AngioSense purchase. Replacement product will be shipped free of charge when the warranty is claimed within one year of the Aject (alone or as part of the AngioSense Product) purchased by AngioSense shall (i) have been manufactured in compliance with Good Manufacturing Practices (GMP) as established by the FDA and (ii) conform to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty (express, implied, or statutory) for any Aject (alone or as part of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storageoriginal receipt date. If the Aject (alone or as part of warranty claim is longer than 1 year, the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conforming, then AngioSense shall customer will be responsible for payment shipping costs for the replacement product. For products not manufactured by TreeTop Products, the product warranty period varies from product to product. If a product’s warranty is longer than 1 year, this longer warranty is listed on the individual product page. The warranty and, if applicable, extended warranties (including TreeTop Products’s 50-year guarantee), expressly excludes and does not cover damage to any product, which is caused by the following: • Improper handling • Misuse • Alteration • Vandalism • Incorrect installation • Exposure to the elements, or by storm, hail, fire or flood All such occurrences will immediately void the warranty and, if applicable, extended warranties on the product. Any product verified to be defective within that product’s warranty period, shall upon prompt notification by its Purchaser to our Customer Service department, be either replaced or repaired at TreeTop Products’s sole discretion. Merchandise cannot be returned without a return authorization number from a customer service representative, as well as a copy of the Ajectoriginal invoice documenting the date of purchase. All returns shall Color Disclaimer Although every effort is made to represent a product’s true color as accurately as possible, colors may appear differently in real life versus a print or digital representation of the same color swatch. There also may be as set forth in Section 8.9 abovesubtle color differences among product dye lots. Bioject's sole obligation under If you have any questions concerning a product’s warranty or the warranty stated above shall be to repair or replace color disclaimer, please call our Customer Service department at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY SET FORTH HEREIN0-000-000-0000, BIOJECT MAKES NO OTHER WARRANTIESbetween Mon - Fri, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE7am-5pm CST.

Product Warranty. Bioject A. Guardian warrants that the media on which the Products are delivered to AngioSense Bridgetech will be free from defects in material and workmanship for a period of ninety (90) days from date of shipment. Guardian does not warrant and shall not be responsible for damage or malfunctions of its Products that at the time of delivery to AngioSense are caused by use of the Aject (alone or as part of the AngioSense Product) purchased by AngioSense shall (i) have been manufactured Products other than in compliance accordance with Good Manufacturing Practices (GMP) as established by the FDA and (ii) conform to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty (express, implied, or statutory) for any Aject (alone or as part of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense documentation or by integration with or use in conjunction with other products outside its control. B. Guardian shall notify Bioject incur no later than thirty liability under this warranty if: (301) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence allegedly defective media are not returned prepaid to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications Guardian within thirty (30) days after receipt of AngioSensethe discovery of the alleged defect and in accordance with Guardian's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established procedures; or (2) Guardian's tests disclose that the Aject was conforming, then AngioSense shall be responsible alleged defect is not due to defects in material or workmanship. C. Guardian's exclusive liability for payment any breach of the Aject. All returns shall be as warranty set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be limited to either repair or replace replacement of the defective Products, at BiojectGuardian's option any nonconforming Ajects. OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT option. D. GUARDIAN MAKES NO OTHER WARRANTIESEXPRESS OR IMPLIED WARRANTIES REGARDING THE QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE BEYOND THE WARRANTY WHICH APPEARS ABOVE. GUARDIAN SHALL NOT BE RESPONSIBLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGES TO BUSINESS OR BUSINESS RELATIONS EVEN IF GUARDIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY IMPLIED WARRANTIES FAILURE OF MERCHANTABILITY ESSENTIAL PURPOSE OF ANY LIMITED OR FITNESS FOR A PARTICULAR USEEXCLUSIVE REMEDY OF ANY KIND. UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY OF GUARDIAN TO BRIDGETECH OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT PAID BY BRIDGETECH TO GUARDIAN UNDER THIS AGREEMENT. THE LIMITATIONS ON LIABILITY SET FORTH IN THIS AGREEMENT SHALL APPLY TO ALL CAUSES OF ACTION, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, MISREPRESENTATION AND OTHER TORTS. THE WARRANTY SET FORTH IN ARTICLE VIII IS IN LIEU OF ALL OTHER WARRANTIES. E. THE WARRANTY SET FORTH IN ARTICLE VIII IS INVALID IF BRIDGETECH LICENSES OR DISTRIBUTES THE PRODUCTS OUTSIDE THE AUTHORIZED AREA WITHOUT THE PRIOR WRITTEN CONSENT OF GUARDIAN.

Product Warranty. Bioject (1) SUPPLIER warrants to AngioSense that at that, for a period of twelve (12) months from the time date of delivery to AngioSense of the Aject Products or Other Products, the Product or Other Products will be free from defects (alone except for freezing) and will comply with all specifications or as samples provided storage, handling or conditions of use are in accordance with recognised industry practise and manufacturers instructions. (2) SUPPLIER will use its best endeavours to procure for DISTRIBUTOR the benefit of such warranties and other rights conferred on SUPPLIER in relation to defects in such part or parts of the AngioSense ProductProducts or Other Products as are not of SUPPLIER’s manufacture by the terms of SUPPLIER’s agreement with the suppliers of such part or parts. (3) purchased If DISTRIBUTOR wishes to make a claim on SUPPLIER under the provisions of sub-clause 5 (1) it shall notify SUPPLIER in writing of the Product or Other Products which it claims to be defective. If on investigation or inspection SUPPLIER agrees that the Product or Other Products is defective and SUPPLIER cannot fix the problem within a reasonable time, that, therefore, the warranty applies SUPPLIER shall, within 60 days of notification by AngioSense DISTRIBUTOR:- a. replace free of charge the Product or Other Products which is defective; or b. credit DISTRIBUTOR with the price of the Product or Other Products which is defective, or c. correct the defect and title in any such defective Product or Other Products not fixed, shall revert to SUPPLIER in accordance with this clause. (i4) Provided the Product or Other Products is shown to be used in accordance to SUPPLIERS written directions, SUPPLIER shall indemnify DISTRIBUTOR in respect of all damage, injury or loss occurring to any person or property against all actions, suits, claims, demands, charges or expenses in connection therewith arising from the condition or use of the Products or Other Products in the event that the damage, injury or loss shall have been manufactured in compliance with Good Manufacturing Practices (GMP) as established occasioned by the FDA and carelessness of SUPPLIER or its servants or agents or by any breach by SUPPLIER of its obligations to DISTRIBUTOR hereunder. (ii5) conform DISTRIBUTOR shall indemnify SUPPLIER in respect of all damage, injury or loss occurring to any person or property against all actions, suits, claims, demands, charges or expenses in connection therewith arising from the performance of its obligations under this Agreement to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty (express, implied, or statutory) for any Aject (alone or as part of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established extent that the Aject was conformingdamage, then AngioSense injury or loss shall be responsible for payment have been occasioned by fraud, gross negligence or wilful default of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to repair DISTRIBUTOR or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT MAKES NO OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USEits servants or agents.

Product Warranty. Bioject 10.1 IBM warrants that any Units shipped under this Agreement will be free from any liens or other defects in title. 10.2 IBM warrants that each Unit will be free from defects in material and workmanship for the warranty period as provided in the applicable Attachment, and will conform, when delivered, to AngioSense that at IBM's wafer and module test program for the time Product and to any specifications set forth in the applicable Attachment. This warranty does not address performance or nonperformance of delivery to AngioSense of Product. 10.3 For a Product which Buyer determines during the Aject (alone or as part of the AngioSense Product) purchased by AngioSense shall (i) have been manufactured in compliance with Good Manufacturing Practices (GMP) as established by the FDA and (ii) warranty period does not conform to the Aject Specification and/or AngioSense Product Specification warranty, IBM's obligation is limited to repairing, replacing or providing a credit for the Product. Products, as appropriate, found by Buyer to be defective shall be shipped transportation collect by Buyer to the case may be. Bioject makes no warranty (express, implied, or statutory) for any Aject (alone or as part of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storagedesignated IBM location. If IBM elects to repair or replace the Aject (alone Product, IBM will ship it back to Buyer, transportation prepaid by IBM. Exchanged parts will be free from any liens or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but other defects in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conforming, then AngioSense shall be responsible for payment of the Aject. All returns shall be title except as set forth in Section 8.9 above6.0 above and will become the property of IBM. 10.4 Should any Product while under warranty returned to IBM hereunder be found by IBM to be without defect, IBM will return such Product to Buyer and invoice Buyer for return transportation and for IBM's inspection time using IBM's then applicable hourly rates. Bioject's sole obligation under Payment will be due and payable by Buyer upon receipt of the invoice. "[***]" INDICATES REDACTED INFORMATION FOR WHICH CONFIDENTIAL TREATMENT IS REQUESTED SIGNATURE VERSION 10.5 This warranty stated above shall be to does not include credit, repair or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY SET FORTH HEREINreplacement for Products which are defective because of failure to provide a suitable installation environment, BIOJECT MAKES NO accident, disaster, neglect, abuse, misuse, transportation, alterations, attachments, accessories, supplies, non-IBM parts, or improperly performed repairs activities. 10.6 THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR USEPURPOSE.

Product Warranty. Bioject 8.1 Rubicon Medical shall extend to Distributor its published limited warranties for Products as the same may be modified by Rubicon Medical from time to time, and Rubicon Medical warrants to AngioSense Distributor that Products sold to Distributor will at all times comply with the time requirements of, and regulations adopted pursuant to, the U.S. Federal Food, Drug and Cosmetic Act specifically related to the Products. Rubicon Medical makes no other warranty, express or implied. RUBICON MEDICAL'S SOLE OBLIGATION UNDER THE FOREGOING WARRANTY SHALL BE, AT RUBICON MEDICAL'S SOLE ELECTION, TO EITHER REPLACE THE RELEVANT PRODUCT OR REFUND DISTRIBUTOR'S PURCHASE PRICE FOR SUCH PRODUCT AND TO PAY FOR DISTRIBUTOR'S INCIDENTAL DAMAGES WHICH, FOR THE PURPOSE OF THIS AGREEMENT, SHALL BE LIMITED TO THE NECESSARY EXPENSES OF DISTRIBUTOR INCURRED IN THE INSPECTION, RECEIPT, TRANSPORTATION, RECALL FROM CUSTOMER, CARE AND CUSTODY OF GOODS. 8.2 Rubicon Medical will provide, when requested by Distributor, certification that, to the best of delivery to AngioSense of the Aject (alone or as part of the AngioSense Product) purchased by AngioSense shall (i) have been manufactured its knowledge, it is in compliance with Good Manufacturing Practices (GMP) as established by all statutes, rules and regulations and relevant orders of the FDA and (ii) conform United States relating to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty (expressmanufacture, implieduse, or statutory) for any Aject (alone or as part distribution and sale of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conforming, then AngioSense shall be responsible for payment of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to repair or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY Products. 8.3 THE WARRANTIES SET FORTH HEREIN, BIOJECT MAKES NO OR REFERRED TO IN THIS ARTICLE 8 ARE INTENDED SOLELY FOR THE BENEFIT OF DISTRIBUTOR AND MAY NOT BE MADE TO DISTRIBUTOR'S CUSTOMERS. THE WARRANTIES SET FORTH ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, INCLUDINGEXPRESS OR IMPLIED, BUT NOT LIMITED TOWHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY RUBICON MEDICAL, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. 8.4 Distributor will make no representations or warranties with respect to the Products.

Product Warranty. Bioject Seller warrants the product as a production item ("Item"), but not related services or prototypes of any such Items, to AngioSense that at be free from defects in material and workmanship and to be in conformance with the time of delivery written specification, if any, and referenced in an order accepted by Seller. If any defect in material or workmanship or failure to AngioSense conform to such specification ("Defect) is suspected in any such Items, Maxtor, after obtaining a Returned Material Authorization number from Seller, shall ship suspected defective samples of the Aject (alone items to Seller, following Seller's instructions regarding the return. No product will be accepted for replacement, credit or as part refund without the written authorization of and in accordance with Seller's instructions. Seller shall analyze the AngioSense Product) purchased failures, making use, when appropriate, of technical information provided by AngioSense Maxtor relating to the circumstances surrounding the failures. Seller will verify whether any Defect appears in the Items. If Seller determines that the returned products are not defective, Maxtor shall pay Seller all costs of handling, inspection, repairs and transportation at Seller's then prevailing rates. Seller shall, at Seller's s option, taking Maxtor's request into reasonable account, either credit or refund the purchase price, or replace the defective product without charge with the same or equivalent product provided: (i) have been manufactured Maxtor notifies Seller in compliance with Good Manufacturing Practices (GMP) as established by the FDA and (ii) conform to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty (express, implied, or statutory) for any Aject (alone or as part writing of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications claimed Defect within thirty (30) days after receipt Maxtor knows or reasonably should know of AngioSensethe claimed Defect, (ii) Seller's notification under this Section 11.1. Bioject may analyze examination of the Aject rejected by AngioSense for nonconformity and if it is objectively established Items discloses that the Aject was conformingclaimed Defect actually exists and (iii) in the case of any product other than packaged monolithic integrated circuits, then AngioSense the defect appears within twelve (12) months from the date of shipment of the product. In the event of a replacement, Seller shall ship the replacing Items FOB point of origin, freight prepaid to Maxtor's destination. Any replaced Item shall become Seller's property. The method of disposition of any replaced Items will be as mutually agreed by both parties in writing. In no event shall Seller be responsible for payment deinstallation or reinstallation of any Item or for the Ajectexpenses thereof. All returns shall Replacements covered by the above warranty are warranted to be free from defects as set forth in Section 8.9 above. Bioject's sole obligation under Inspection and acceptance of Items by Maxtor and/or payment therefor shall not relieve Seller of responsibilities hereunder. The above warranty does not apply to, and Seller makes no warranties with respect to products that: are software programs, experimental products or prototypes (all of which are provided "AS IS") or to Items which have been subjected to misuse, neglect, accident or abuse or operating or environmental conditions that deviate from the parameters established in applicable specifications; or have been improperly installed, stored, maintained, repaired or altered by anyone other than Seller; or have had their serial numbers or month and year of manufacture or shipment removed, defected or altered. This warranty stated above shall be does not extend to repair or replace at Bioject's option any nonconforming Ajectssystem into which a product is incorporated. OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT MAKES NO OTHER WARRANTIESWARRANTY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USEPURPOSE IS GIVEN WITH RESPECT TO SUCH SERVICE OR ANY OTHER SERVICE PROVIDED BY SELLER UNDER THIS AGREEMENT. This warranty applies only to Maxtor and may not be assigned or extended by Maxtor to any of its customers or other users of the Items. Seller will not accept any returns from Maxtor's customers or users of Maxtor's products. EXCEPT AS STATED IN THE SECTION ENTITLED WARRANTY, SELLER, ITS SUBSIDIARIES AND AFFILIATES, SUBCONTRACTORS AND SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MAXTOR'S SOLE AND EXCLUSIVE REMEDY SHALL BE SELLER'S OBLIGATION TO REPLACE OR CREDIT OR REFUND AS SET FORTH ABOVE.

Product Warranty. Bioject (a) SEEC warrants that the Licensed Programs delivered to AngioSense or for VIASOFT will operate substantially in accordance with the accompanying SEEC documentation for the Private Label Products, and will be free from problems or errors which would materially affect the performance of any Licensed Program in accordance with SEEC's product documentation therefor. In case of breach of this limited warranty or any other duty (other than under Section 5(g)) that relates to the quality of a diskette, VIASOFT's remedies will be, at the time of delivery to AngioSense of the Aject (alone or as part of the AngioSense Product) purchased by AngioSense shall VIASOFT's option: (i) have been manufactured in compliance with Good Manufacturing Practices (GMP) as established by correction of the FDA and diskette, or (ii) conform to replacement of the Aject Specification and/or AngioSense Product Specification as diskette. SEEC does not warrant that the case may be. Bioject makes no warranty (express, impliedfunctions contained in the software will meet the requirements of the end-user, or statutory) for any Aject (alone or as part that the operation of the AngioSense Product) that is modified software will be uninterrupted or subjected to accidenterror free. EXCEPT AS PROVIDED IN THIS AGREEMENT, misuseTHE PRODUCTS WILL BE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product SpecificationEITHER EXPRESSED OR IMPLIED, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conforming, then AngioSense shall be responsible for payment of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to repair or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT MAKES NO OTHER WARRANTIES, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR USEPARTICUlAR PURPOSE, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS IS WITH THE USER WHO WILL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. (b) THERE ARE NO EXPRESS OR IMPLIED WARRANTIES BY SEEC TO VIASOFT, TO VIASOFT'S SUB-DISTRIBUTORS, OR TO VIASOFT'S END USERS, OTHER THAN THE WARRANTIES SPECIFIED IN THIS AGREEMENT. SEEC GIVES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING ITS MAINTENANCE, SUPPORT OR DEVELOPMENT SERVICES OTHER THAN SUCH OBLIGATIONS AS ARE SET FORTH IN EXHIBIT B, IF ANY. (c) UNDER NO CIRCUMSTANCES WILL SEEC OR ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES ARISING OUT OF ANY BREACH OF WARRANTY UNDER THIS SECTION 12. (d) In making proposals to End Users, VIASOFT will use commercially reasonable efforts to inform the End User of all technical and other requirements necessary for the proper functioning of the Licensed Programs.

Product Warranty. Bioject Pharmacia warrants that each Product delivered to AngioSense that Celltech pursuant to this Agreement will be merchantable, will conform to the Specifications, will not be adulterated or misbranded within the meaning of the Act, will conform to all applicable regulations of the FDA and all Governmental Authorities in the Territory including without limitation all Product Approvals, Establishment Registrations and regulations regarding the Product’s Labeling and, at the time of delivery to AngioSense Celltech, will have a minimum of eighteen (18) months of the Aject (alone or Product shelf life, as part of per any applicable Product Approvals, Establishment Registrations and regulations regarding the AngioSense Product) purchased by AngioSense shall (i) have been manufactured in compliance with Good Manufacturing Practices (GMP) as established by the FDA and (ii) conform to the Aject Specification and/or AngioSense Product Specification as the case may be’s Labeling. Bioject makes no warranty (express, implied, or statutory) for any Aject (alone or as part of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conforming, then AngioSense shall be responsible for payment of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to repair or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY THE WARRANTIES SET FORTH HEREININ THIS SECTION 6.1(K) ARE THE ONLY WARRANTIES MADE BY PHARMACIA WITH RESPECT TO THE PRODUCT TO BE DELIVERED TO CELLTECH PURSUANT TO THIS AGREEMENT AND THESE WARRANTIES ARE PROVIDED IN LIEU OF AND PHARMACIA EXPRESSLY DISCLAIMS ANY OTHER REPRESENTATION AND WARRANTY OF ANY KIND, BIOJECT MAKES NO OTHER WARRANTIESEXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ORAL OR WRITTEN INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USEPURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. CELLTECH ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY PROVIDED HEREIN NO OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS TO BE DELIVERED TO CELLTECH PURSUANT TO THIS AGREEMENT HAVE BEEN MADE TO CELLTECH BY OR ON BEHALF OF PHARMACIA.

Product Warranty. Bioject 9.1 DISTRIBUTOR understands and acknowledges that this Product Warranty is made to DISTRIBUTOR only and shall not be passed through to DISTRIBUTOR's customer. 9.2 Wilshire warrants the Products to AngioSense that at the time of delivery to AngioSense of the Aject (alone or as part of the AngioSense Product) purchased by AngioSense shall (i) have been manufactured be free from defects in compliance with Good Manufacturing Practices (GMP) as established by the FDA material and (ii) conform to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty (express, implied, or statutory) workmanship for any Aject (alone or as part of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after from date of shipment to VWR customer. 9.3 The sole responsibility of Wilshire under the foregoing warranty shall be limited, at its discovery option, to the repair or replacement of defective Products returned by DISTRIBUTOR to Wilshire, at Wilshire's expense. 9.4 All Wilshire warranties hereunder are conditioned upon proper storage, handling and use of the nonconformity Products in the application for which they are intended. 9.5 THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conforming, then AngioSense shall be responsible for payment of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to repair or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT MAKES NO OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USEPURPOSE). REPAIR OR REPLACEMENT IN THE MANNER PROVIDED ABOVE SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF PURCHASER FOR BREACH OF WARRANTY AND SHALL CONSTITUTE FULFILLMENT OF ALL LIABILITIES OF Wilshire WITH RESPECT TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS. 9.6 In no event shall Wilshire's liability to DISTRIBUTOR, whether in contract or in tort (including negligence and strict liability), exceed the price of the Product from which such liability arises. 9.7 Wilshire shall add DISTRIBUTOR as an "additional insured" under the coverage of its general liability policy which shall have the coverages and policy limits as set forth in the certificate of insurance attached hereto as Exhibit F. Further, Wilshire shall maintain such coverage during the term of this Agreement. DISTRIBUTOR understands and acknowledges that such general liability coverage is written on an "occurance" basis. In the event of a termination of this Agreement, Wilshire shall continue to maintain such general liability coverage (including additional insured coverage for the benefit of DISTRIBUTOR) for a period of two (2) years from the effective date of termination.

Product Warranty. Bioject Seller warrants to AngioSense that at Purchaser only the time Products to be free from defects in material and workmanship for a period of delivery one year from the date of delivery, subject to AngioSense of the Aject (alone or as part of the AngioSense Product) purchased by AngioSense shall (i) have been manufactured in compliance with Good Manufacturing Practices (GMP) as established by the FDA Seller’s standard manufacturing and (ii) conform commercial variations and practice. SELLER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES TO PURCHASER REGARDING THE PRODUCTS AND EXPRESSLY DISCLAIMS ALL OTHER IMPLIED OR EXPRESS WARRANTIES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s Product warranty does not apply to any Product to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty extent it has been subject to (express, implied1) other than normal wear and tear, or statutory(2) for any Aject (alone improper installation, alteration, modification, or as part of the AngioSense Product) that is modified repair, tampering, negligence, abuse or subjected to accident, misuse, neglect or (3) improper storage. If the Aject (alone LIABILITY IS LIMITED TO REPAIR OR REPLACEMENT, AT SELLER’S OPTION, OF ANY DEFECTIVE PRODUCT. Seller will repair or as part of the AngioSense Product) supplied hereunder fails replace, at its option, Products which upon inspection it finds to conform be defective, based on claims made in writing to the applicable Aject Specification and/or AngioSense Product SpecificationSeller within a reasonable time after discovery. Products alleged to be defective must be returned, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications freight prepaid, within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze to Seller with the Aject rejected by AngioSense for nonconformity and if it is objectively established that return authorization number, obtained from Seller, clearly marked on the Aject was conforming, then AngioSense shall be responsible for payment outside of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to return container for repair or replace at Bioject's option any nonconforming Ajectsreplacement by Seller. THE ABOVE WARRANTY SHALL CONSTITUTE PURCHASER’S EXCLUSIVE REMEDY WITH RESPECT TO THE PRODUCTS FURNISHED HEREUNDER. IN NO EVENT SHALL SELLER BE LIABLE OR RESPONSIBLE TO PURCHASER OR ANY OTHER THAN EXPRESSLY SET FORTH HEREINPERSON FOR ANY SPECIAL, BIOJECT MAKES INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY OF LAW, EVEN IF SELLER SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGES, ALL SUCH DAMAGES AND CLAIMS BEING SPECIFICALLY DISCLAIMED. IN NO OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES EVENT SHALL SELLER’S LIABILITY EXCEED THE PURCHASE PRICE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USETHE PRODUCT.

Product Warranty. Bioject warrants 9.1 Reseller may, but is not required to, provide warranties and remedies in addition to AngioSense that but not less than the warranties and remedies set forth in Section 9.2. Reseller shall inform the End User of Lucent's Limitation of Liability as set forth in Section 10 of this Agreement, in a reasonable manner. Lucent has warranted to MVPC the title of the Lucent Products purchased by MVPC from DDM and resold to Reseller under this Agreement. This warranty of title is the only warranty provided to Reseller. 9.2 Reseller shall, before or at the time of delivery to AngioSense of Lucent Products, advise an End User of the Aject (alone or as part following": a. that the Lucent Products may contain remanufactured parts that are equivalent to new in performance and appearance; b. that there is a toll fraud exclusion in Lucent's warranty, with a specific reference to the words of that exclusion and an explanation of the AngioSense Productmeaning of those words; c. that the Lucent Products are warranted on the Delivery or In-Service Date, whichever is applicable, and for a period of one (1) purchased by AngioSense shall (i) have been manufactured year thereafter to operate in compliance accordance with Good Manufacturing Practices (GMP) as established by Lucent's standard published specifications and if any Lucent Products are not operational during the FDA and (ii) conform to warranty period, that the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty (express, implied, or statutory) for any Aject (alone or as part of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense End User shall notify Bioject no later than thirty (30) days after the Reseller who at its discovery option will replace or repair those Lucent Products without charge. Replaced Lucent Products become the property of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conforming, then AngioSense shall be responsible for payment of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to repair or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT MAKES Reseller; and d. THAT LUCENT AND ITS AFFILIATES AND SUPPLIERS MAKE NO OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES EXPRESS OR IMPLIED AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR USEPURPOSE. 9.3 EXCEPT FOR THE WARRANTY OF TITLE TO DISTRIBUTOR AND THE LIMITED PRODUCT WARRANTY TO DEALER'S END USERS REFERENCED IN THIS SECTION, LUCENT, ITS AFFILIATES AND SUPPLIERS MAKE NO WARRANTIES EXPRESS OR IMPLIED AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.

Product Warranty. Bioject CHLORALP warrants to AngioSense that at each lot of Product shall comply with the time of delivery to AngioSense of the Aject (alone or specifications - second grade quality - as part of the AngioSense Product) purchased by AngioSense shall (i) have been manufactured described in compliance with Good Manufacturing Practices (GMP) as established by the FDA and (ii) conform Schedule 1 attached to the Aject Specification and/or AngioSense present Agreement (the "Specifications"), and shall be free from defects and of good material and workxxx xxxp . CHLORALP shall be liable only for replacement of non-conforming lot of Product Specification as under the case may be. Bioject makes no warranty (express, implied, or statutory) following conditions : All claims by RPA for any Aject (alone or as part of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense non-conforming Products shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but be deemed waived unless made by RPA in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications writing within thirty (30) days after receipt from the delivery date of AngioSensesuch Product . If CHLORALP agrees with RPA's notification claim, it will, at its expense, immediately replace the non - conforming lot of Product by a conforming lot of same . If CHLORALP does not agree with RPA 's claim , either may request an expert appraisal by an independant laboratory, to determine whether said Product complies with said Specifications. The report of such independant laboratory shall be conclusive and binding on the Parties hereto. All expenses related to such appraisal shall be borne by the Party found in default. * Indicates information deleted based on a Confidential Treatment Request pursuant to Rule 406 under this Section 11.1the Securities Act of 1933. Bioject may analyze 4 RPA and CHLORALP being "industrial of the Aject rejected by AngioSense for nonconformity and if it is objectively established same speciality", RPA acknowledge that the Aject was conformingabove warranty constitutes its exclusive remedy and CHLORALP 's total liability for claims regarding the Product for " hidden defaults " ("vices caches") and CHLORALP excludes any implied warranties of merchantability and fitness for a particular purpose and all other express or implied representations or warranties . RPA waives all other claims against CHLORALP and CHLORALP shall not be liable to RPA for any other direct or indirect damages . The warranty and all limitations on RPA 's remedies and on CHLORALP 's liability provided for in this Article shall survive the expiration, then AngioSense shall be responsible for payment termination or cancellation of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to repair or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT MAKES NO OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USEthis Agreement .

Product Warranty. Bioject (a) Seller warrants to AngioSense that at Customer during the time of delivery to AngioSense of the Aject (alone or as part of the AngioSense Product) purchased by AngioSense shall Warranty Period that: (i) As of the date title to Products passes to Customer, Seller will have been manufactured in compliance with Good Manufacturing Practices (GMP) as established the right to sell, transfer, and assign such Products and the title conveyed by the FDA Seller shall be good and valid; (ii) Upon shipment or, if installed by Seller, on acceptance by Customer or from the date Seller submits its notice of completion of its installation, whichever is sooner, Seller's Manufactured Products will be free from defects in material and workmanship, and will conform to and perform in accordance with the Aject Specification and/or AngioSense Specifications, or any other agreed-upon specification referenced in the order for such Product; and (iii) With respect to Vendor Items, Seller, to the extent permitted, does hereby assign to Customer the warranties given to Seller by its vendor of such Vendor Items. (b) The Warranty Periods listed below are applicable to Seller's Manufactured Products furnished pursuant to this Agreement, unless otherwise stated: Class of Product Specification New Product Repaired or Replacement Product or Part ---------------- ----------- --------------- Cellular Radio Tele-communications Systems (Including MSCs & Cell Sites) Months Months Power Products Months Months Transmission Systems -All Transmission Products in the "2000 Product Family" Months Months -D4 Circuit Packs Months Months -SLC Circuit Packs Months Months -SLC Series 5 Plug-ins Months Months -T1 Repeaters Months Months -DDM-1000 Circuit Packs Months Months -Other Transmission Products Months Months Other Products Months Months Refer to the SOFTWARE WARRANTY CLAUSE for associated Software warranties. The Warranty Period for a repaired Product or part thereof repaired under or for a replacement Product of Part thereof furnished in lieu of repair under this Warranty is the period listed or the unexpired term of the new Product Warranty Period, whichever is longer. Notwithstanding anything in this Agreement to the contrary, Customer's use of any part of Systems In Revenue Service or to provide training or hands-on experience to Customer's personnel shall, if prior to Seller's notice of installation completion, commence the applicable warranty period; provided, however, this provision shall not apply to training provided by Seller nor to the extent that Customer's personnel merely familiarize themselves with the Systems without actual operation of the Products. (c) If under normal and proper use, a defect or nonconformity appears in an item of Product during the applicable Warranty Period and Customer promptly notifies Seller and confirms such notice in writing of such defect or nonconformity and follows Seller's instructions regarding return of the defective or non-conforming item, Seller, at its option, will either repair or replace the same without charge at its manufacturing or repair facility or provide a refund or credit based on the original purchase price; provided, however, that Seller's option to provide a refund or credit shall not apply to those defects which materially affect (i) the Product's and System's ability to deliver a service to the end users or (ii) the billing, administration or maintenance capabilities of such System. If a defect or non-conformity is in a Seller's Manufactured Product developed by Seller or purchased by Seller pursuant to Seller's procurement specifications and installed by Seller and Seller ascertains in its reasonable judgment that the Product is repairable but not readily returnable for repair, the repairs or replacements shall be made at Customer's site. No Product will be accepted for repair or replacement without the written authorization of and in accordance with instructions of Seller. Transportation expenses associated with returns to Seller shall be borne by Customer. Seller shall pay the costs of transportation of the repaired or replacing item to the destination designated by Customer (within the contiguous forty-eight United States). If Seller determines that a returned item is not defective, Customer shall pay Seller all costs of handling, inspecting, testing and transportation. In repairing or replacing any Product or part of a Product under this warranty, Seller may use reconditioned or refurbished parts. Replaced Products or parts shall become Seller's property. (d) If Customer and Seller have a disagreement as to whether or not a problem is a defect or nonconformity covered by this warranty, Seller agrees to correct the case may beproblem and bill Xxxtomer for the corrective action under the Paragraph entitled INVOICES AND TERMS OF PAYMENT. Bioject Seller will segregate such bills. Such disputed warranty claims will be subject to resolution by the Intercompany Review Board in accordance with the Paragraph entitled RESOLUTION OF DISPUTES, and if resolved in Customer's favor, Seller agrees to credit Customer for the costs of corrective action covered by warranty. (e) Seller makes no warranty with respect to defective conditions or non-conformities caused by Products being (expressi) subjected to misuse, impliedneglect, accident or abuse by anyone other than Seller or its subcontractors, employees or agents; (ii) improperly wired, repaired or altered by anyone other than Seller or its subcontractors, employees or agents; (iii) improperly installed, stored or maintained by anyone other than Seller or its subcontractors, employees or agents; or (iv) used in a manner not in accordance with Specifications or written operating instructions. (f) If as a result of a defect or non-conformity covered by this warranty, Customer is not able to offer services to its subscribers, billing, administration or maintenance in accordance with the Specifications, Seller shall at its sole cost and expense repair or correct the problem or replace the defective Product and ship any required replacement Product (or components thereof) to Customer as promptly as possible. If such repair, replacement, or statutory) for any Aject (alone or installation of replacement Product requires the services of Seller's service personnel at Customer's sites, Seller shall, at its sole cost and expense, dispatch such service personnel as part of the AngioSense Product) that is modified or subjected are required to accident, misuse, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of correct such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected problem immediately upon being notified thereof by AngioSense for nonconformity and if it is objectively established that the Aject was conforming, then AngioSense shall be responsible for payment of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to repair or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT MAKES NO OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USECustomer.

Product Warranty. Bioject warrants With respect to AngioSense that at Seller's business, each service provided, engine, overhauled parts and other parts and products manufactured, sold, leased, or delivered by the time of delivery Seller has been in conformity with all applicable contractual commitments and all express and implied warranties, and, with respect to AngioSense Seller's business, the Seller has no liability (and to Seller's knowledge there is no present or future charge, complaint, action, suit, proceeding, hearing, investigation, claim, or demand against any service, engine, overhauled parts or other parts and products giving rise to any liability) for replacement or repair thereof or other damages in connection therewith, except as is disclosed in Section 2.21 of the Aject (alone Disclosure Schedule. With respect to Seller's business, no service, engine, overhauled parts or as part other parts and products manufactured, sold, leased, or delivered by the Seller is subject to any guaranty, warranty, or other indemnity beyond the applicable standard terms and conditions of sale or lease. With respect to Seller's business, Section 2.21 of the AngioSense Product) purchased Disclosure Schedule includes copies of the standard invoices (containing terms and conditions of services provided, terms and conditions of sale or lease, applicable guaranty, warranty, and indemnity provisions). Upon receipt of a notice of supposed claim for warranty, after the Closing other than any assumed liability as described in Exhibit 1.5, for contracts completed by AngioSense shall (i) have been manufactured in compliance with Good Manufacturing Practices (GMP) as established by the FDA and (ii) conform Seller prior to the Aject Specification and/or AngioSense Product Specification as Closing, Seller shall promptly provide the case may be. Bioject makes no warranty (express, implied, or statutory) for any Aject (alone or as part details of the AngioSense Product) warranty claim to Purchaser. Purchaser then has the right, in its sole discretion, to assume such warranty claim, and Purchaser shall promptly notify Seller of its decision. In the event that is modified or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of Purchaser assumes such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conformingwarranty claim, then AngioSense Seller shall be responsible have no further financial obligation for payment of the Aject. All returns shall be as such warranty claim set forth in Section 8.9 above2.21. Bioject's In the event that Purchaser declines to assume such warranty claim, then Seller may, in its sole obligation under discretion, determine whether such claim is a valid claim for warranty and whether it will honor such claim. However, in no event is Seller responsible for any warranty beyond that expressly stated in the standard warranty. In the event that Seller determines to honor such warranty claim, then Purchaser agrees to provide all labor for the warranty stated above shall be claim at no charge and to repair or replace provide all parts, in stock, at Bioject's option cost. In the event that Seller determines not to honor the warranty claim for any nonconforming Ajects. OTHER THAN EXPRESSLY SET FORTH HEREINreason, BIOJECT MAKES NO OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USEthen Seller may take all steps that it deems reasonable and necessary to defend against such claim.

Product Warranty. Bioject A. GDTI warrants that the media on which the Products are delivered to AngioSense Distributor will be free from defects in material and workmanship for a period of ninety (90) days from date of shipment. GDTI does not warrant and shall not be responsible for damage or malfunctions of its Products that at the time of delivery to AngioSense are caused by use of the Aject (alone or as part of the AngioSense Product) purchased by AngioSense shall (i) have been manufactured Products other than in compliance accordance with Good Manufacturing Practices (GMP) as established by the FDA and (ii) conform to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty (express, implied, or statutory) for any Aject (alone or as part of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense documentation or by integration with or use in conjunction with other products outside its control. B. GDTI shall notify Bioject incur no later than thirty liability under this warranty if: (301) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence allegedly defective media are not returned prepaid to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications GDTI within thirty (30) days after receipt of AngioSensethe discovery of the alleged defect and in accordance with GDTI's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established procedures; or (2) GDTI's tests disclose that the Aject was conforming, then AngioSense shall be responsible alleged defect is not due to defects in material or workmanship. C. GDTI's exclusive liability for payment any breach of the Aject. All returns shall be as warranty set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be limited to either repair or replace replacement of the defective Products, at BiojectGDTI's option any nonconforming Ajects. OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT option. D. GDTI MAKES NO OTHER WARRANTIESEXPRESS OR IMPLIED WARRANTIES REGARDING THE QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE BEYOND THE WARRANTY WHICH APPEARS ABOVE. GDTI SHALL NOT BE RESPONSIBLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGES TO BUSINESS OR BUSINESS RELATIONS EVEN IF GDTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY IMPLIED WARRANTIES FAILURE OF MERCHANTABILITY ESSENTIAL PURPOSE OF ANY LIMITED OR FITNESS FOR A PARTICULAR USEEXCLUSIVE REMEDY OF ANY KIND. UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY OF GDTI TO DISTRIBUTOR OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT PAID BY DISTRIBUTOR TO GDTI UNDER THIS AGREEMENT. THE LIMITATIONS ON LIABILITY SET FORTH IN THIS AGREEMENT SHALL APPLY TO ALL CAUSES OF ACTION, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF 15 WARRANTY, STRICT LIABILITY, NEGLIGENCE, MISREPRESENTATION AND OTHER TORTS. THE WARRANTY SET FORTH IN SECTION 14.A IS IN LIEU OF ALL OTHER WARRANTIES. E. THE WARRANTY SET FORTH IN SECTION 14.A IS INVALID IF DISTRIBUTOR LICENSES OR DISTRIBUTES THE PRODUCTS OUTSIDE THE AUTHORIZED AREA WITHOUT THE PRIOR WRITTEN CONSENT OF GDTI.

Product Warranty. Bioject (a) Seller warrants to AngioSense that Customer during the Warranty Period that: (i) As of the date title to Products passes to Customer, Seller will have the right to sell, transfer, and assign such Products and the title conveyed by Seller shall be good and valid; (ii) Seller's Manufactured Products will be free from defects in material and workmanship, and will conform to and perform in accordance with the Specifications, or any other agreed-upon specifications referenced in the purchase order for such Product; and (iii) With respect to Vendor Items, Seller, to the extent permitted, does hereby assign to Customer the warranties given to Seller by its vendor of such Vendor Items. Such assignment will be effective on the date of shipment of such Vendor Items. With respect to Vendor Items recommended by Seller in the Specifications for which the vendor's warranty cannot be assigned to Customer, or if assigned, less than sixty (60) days remain of the vendor's warranty at the time of delivery to AngioSense assignment, Seller warrants for sixty (60) days from the date of the Aject (alone shipment or, if installed by Seller, on acceptance by Customer or as part of the AngioSense Product) purchased by AngioSense shall (i) have been manufactured in compliance with Good Manufacturing Practices (GMP) as established by the FDA and (ii) conform to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty (express, implied, or statutory) for any Aject (alone or as part of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after from the date Seller submits its discovery notice of completion of its installation whichever is sooner, that such Vendor's Items will be free from defects in material and workmanship. Upon written request of Customer, Seller shall identify those items in its Customer Price Lists that are Vendor Items. (b) The Warranty Periods listed below are applicable to Seller's Manufactured Products furnished pursuant to this Agreement, unless otherwise stated: Repaired or Class of New Replacement Product Product* Product or Part** ------- -------- ----------------- Cellular Radio Tele-communications Systems & Cell Sites 24 Months 6 Months Transmission Systems 24 Months 6 Months Other Products 24 Months 6 Months * Refer to the SOFTWARE WARRANTY CLAUSE for associated Software warranties. ** The Warranty Period for a repaired Product or part thereof repaired under or for a replacement Product of Part thereof furnished in lieu of repair under this Warranty is the period listed or the unexpired term of the new Product Warranty Period, whichever is longer. Notwithstanding anything in this Agreement to the contrary, Customer's use of any Product In Revenue Service or to provide training or hands-on experience to Customer's personnel shall, if prior to Seller's notice of installation completion, commence the applicable Warranty Period; provided, however, this provision shall not apply to training provided by Seller nor to the extent that Customer's personnel merely familiarize themselves with the Systems without actual operation of the Products. (c) Notwithstanding the foregoing, any cellular Products purchased directly from Seller under the Existing Contract, which Products were shipped 3 years or less prior to the Amended Effective Date, shall have its warranty extended for an additional year. (d) If under normal and proper use, a defect or nonconformity (but appears in no event later than one hundred a Product during the applicable Warranty Period and eighty-five (185) days after delivery) Customer promptly notifies Seller and AngioSense shall present reasonable evidence to Bioject confirms such notice in writing of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone defect or as part nonconformity and follows Seller's instructions regarding return of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conformingdefective or non-conforming item, then AngioSense shall be responsible for payment of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to Seller, at its option, will either repair or replace the same without charge at Biojectits manufacturing or repair facility or provide a refund or credit based on the original purchase price; provided, however, that Seller's option to provide a refund or credit shall not apply to those defects which materially affect (i) the Product's and System's ability to deliver a service to the end users or (ii) the billing, administration or maintenance capabilities of such System. If a defect or non-conformity is in a Seller's Manufactured Product developed by Seller or purchased by Seller pursuant to Seller's procurement specifications and installed by Seller and Seller ascertains in its reasonable judgment that the Product is repairable but not readily returnable for repair, the repairs or replacements shall be made at Customer's site. No Product will be accepted for repair or replacement without the written authorization of and in accordance with instructions of Seller. Transportation expenses associated with returns to Seller shall be borne by Customer. Seller shall pay the costs of transportation of the repaired or replaced item to the destination designated by Customer (within the Territory). If Seller determines that a returned item is not defective, Customer shall pay Seller all costs of handling, inspecting, testing and transportation. In repairing or replacing any nonconforming AjectsProduct or part of a Product under this warranty, Seller may use reconditioned or refurbished parts. OTHER THAN EXPRESSLY SET FORTH HEREINReplaced Products or parts shall become Seller's property. (e) If Customer and Seller have a disagreement as to whether or not a problem is a defect or nonconformity covered by this warranty, BIOJECT MAKES NO OTHER WARRANTIESSeller agrees to correct the problem and bill Xxxtomer for the corrective action under the Section entitled INVOICES AND TERMS OF PAYMENT. Seller will segregate such bills. Such disputed warranty claims will be subject to resolution in accordance with the Section entitled DISPUTE RESOLUTION, INCLUDINGand if resolved in Customer's favor, BUT NOT LIMITED TOSeller agrees to credit Customer for the costs of corrective action covered by warranty. (f) Seller makes no warranty with respect to defective conditions or non-conformities caused by Products being (i) subjected to misuse, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USEneglect, accident or abuse by anyone other than Seller or its subcontractors, employees or agents; (ii) improperly wired, repaired or altered by anyone other than Seller or its subcontractors, employees or agents; (iii) improperly installed, stored or maintained by anyone other than Seller or its subcontractors, employees or agents; or (iv) used in a manner not in accordance with Specifications or written operating instructions. (g) If as a result of a defect or non-conformity covered by this warranty, Customer is not able to offer services to its subscribers, billing, administration or maintenance in accordance with the Specifications, Seller shall at its sole cost and expense repair or correct the problem or replace the defective Product and ship any required replacement Product (or components thereof) to Customer as promptly as possible. If such repair, replacement, or installation of replacement Product requires the services of Seller's service personnel at Customer's sites, Seller shall, at its sole cost and expense, dispatch such service personnel as are required to correct such problem immediately upon being notified thereof by Customer.

Product Warranty. Bioject 10.2.1 Supplier represents and warrants that for one year following shipment (the “Warranty Period”), each Product fully complies and will comply with all applicable Specifications and applicable Quality Requirements and is and will be free from defects in design, materials and workmanship (the “Product Warranty”). Medtronic may extend the Product Warranty to AngioSense that at its customers. 10.2.2 The foregoing Product Warranty shall not apply where the time of delivery to AngioSense of the Aject (alone or as part of the AngioSense Product) purchased by AngioSense shall : (i) have has been manufactured subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions, or use contrary to any instructions issued by Supplier by persons other than Supplier or its Personnel; or (ii) has been reconstructed, repaired, reprocessed, re-sterilized or altered by persons other than Supplier or its Personnel; 10.2.3 During the Warranty Period, regarding any Products not conforming to the Product Warranty (“Defective Products”), and notwithstanding anything in compliance this Agreement to the contrary, Supplier’s liability under any Product Warranty is discharged, at Supplier’s expense, by: (i) replacing the Defective Products; or (ii) crediting or refunding the price of the Defective Products, less any applicable discounts, rebates, or credits. Supplier shall cover expenses (including freight and customs clearance, if any) incurred by Medtronic in connection with Good Manufacturing Practices the following: (GMPi) as established shipment of the nonconforming Product back to Supplier (if so requested by the FDA Supplier), and (ii) conform to the Aject Specification and/or AngioSense shipment of replacement Product. All claims for breach of a Product Specification as the case may be. Bioject makes no warranty (express, implied, or statutory) for any Aject (alone or as part of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject Warranty must be received by Seller no later than thirty (30) days 30 Business Days after its discovery the expiration of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part Warranty Period of the AngioSense Product) . THIS SECTION 10.2.3 AND SUPPLIER’S INDEMNIFICATION OBLIGATION IN SECTION 11.1 SET FORTH MEDTRONIC’S SOLE REMEDY AND SUPPLIER’S ENTIRE LIABILITY FOR ANY DEFECTIVE PRODUCT. Notwithstanding the foregoing sentence, In the event that a Recall is caused by a Product due to Seller’s non-conformance with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze Quality Agreement or the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conformingSpecifications, then AngioSense Supplier shall be solely responsible for payment of all costs and expenses reasonably incurred by Medtronic in connection with the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to repair or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT MAKES NO OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USERecall.

Product Warranty. Bioject 17.1 Dealer may, but is not required to, provide warranties and remedies in addition to but not less than the warranties and remedies set forth in Section 17.2. Dealer shall inform the End User of Lucent's Limitation of Liability as set forth in Section 18 of this Agreement, in a reasonable manner. Lucent hereby warrants to AngioSense that Dealer the title of the Lucent Products purchased under this Agreement. This warranty of title is the only warranty provided to Dealer. 17.2 Dealer shall, before or at the time of delivery to AngioSense of Lucent Products, advise an End User of the Aject (alone or as part of the AngioSense Product) purchased by AngioSense shall following: (i) have been manufactured that the Lucent Products may contain remanufactured parts that are equivalent to new in compliance with Good Manufacturing Practices (GMP) as established by the FDA performance and appearance; (ii) conform that there is a toll fraud exclusion in Lucent's warranty, with a specific reference to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty (express, implied, or statutory) for any Aject (alone or as part words of that exclusion and an explanation of the AngioSense Productmeaning of those words; (iii) that the Lucent Products are warranted by Lucent to End User on the Delivery or In-Service Date, whichever is modified applicable, and for a period of one (1) year thereafter to operate in accordance with Lucent's standard published specifications and if any Lucent Products are not operational during the warranty period, that the End User shall notify the Dealer who at its option will replace or subjected repair those Lucent Products without charge. Replaced Lucent Products become the property of Dealer; and upon their return to accidentLucent by Dealer, misuse, neglect Lucent will replace or improper storage. If repair those Lucent Products at no charge to the Aject (alone Dealer or as part issue a credit to the account of the AngioSense ProductDealer; (iv) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conforming, then AngioSense shall be responsible for payment of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to repair or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT MAKES THAT LUCENT AND ITS AFFILIATES AND SUPPLIERS MAKE NO OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES EXPRESS OR IMPLIED AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR USEPURPOSE. 17.3 EXCEPT FOR THE WARRANTY OF TITLE TO DEALER AND THE LIMITED PRODUCT WARRANTY TO DEALER'S END USERS REFERENCED IN THIS SECTION, LUCENT, ITS AFFILIATES AND SUPPLIERS MAKE NO , WARRANTIES EXPRESS OR IMPLIED AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. 17.4 The indemnity obligations of Dealer under Section 19.1 shall apply to Dealer's provision of End User warranty assistance services and to any failure to refer to and explain the toll fraud exclusion to an End User.

Product Warranty. Bioject warrants After the date hereof, if the Buyer or any of its subsidiaries is notified of a product warranty claim (whether related to AngioSense that at planned service activities or to unplanned service activities) or other Liability related to a product sold by the Business prior to the date hereof (a “Post-Closing Warranty Claim”), the Buyer shall or shall cause its relevant subsidiary, (a) to the extent any such Post-Closing Warranty Claim is greater than, or reasonably expected to be greater than, $2,500 (calculated on a time and materials basis, exclusive of delivery shipping costs), to AngioSense notify the Seller of such Post- Closing Warranty Claim (and provide any relevant materials or documentation related to such Post-Closing Warranty Claim), investigate such Post-Closing Warranty Claim, advise the Seller of the Aject proposed resolution of such Post-Closing Warranty Claim, and obtain the Seller’s consent to the proposed resolution of such Post-Closing Warranty Claim (alone such consent not to be unreasonably withheld, delayed or as part conditioned, it being understood that the reasonableness of such delay may take into account the reasonable expectations of customers with respect to the timing of the AngioSense Product) purchased by AngioSense shall (i) have been manufactured in compliance with Good Manufacturing Practices (GMP) as established by the FDA warranty servicing), and (iib) conform to the Aject Specification and/or AngioSense Product Specification as extent that any such Post-Closing Warranty Claim is less than, or is reasonably expected to be less than, $2,500, the Buyer shall notify the Seller of such Post-Closing Warranty Claim (and provide any relevant materials or documentation related to such Post-Closing Warranty Claim). The Buyer or the relevant subsidiary will be responsible for resolving any Post-Closing Warranty Claim, subject to Seller’s consent only in the case may beof (a) above. Bioject makes no warranty (expressAfter resolution of a Post-Closing Warranty Claim, implied, or statutory) for any Aject (alone or as part the Buyer shall provide the Seller with a written notice of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part cost of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject resolution of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense Post-Closing Warranty Claim, together with any related documentation thereof, and the Seller shall reimburse the Buyer for such a nonconfirming Aject cost reflected in the written notice within ten (alone or as part of the AngioSense Product10) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days Business Days after receipt of AngioSense's notification under such written notice (including for the avoidance of doubt, any shipping costs incurred in connection with such Post-Closing Warranty Claim). The Seller may, at its option upon notice to the Buyer, aggregate all amounts owed pursuant to such written notices during each calendar month and pay the aggregate amount thereof within five (5) Business Days after the end of each calendar month. If, through negotiations with the third party making the Post-Closing Warranty Claim in the case of (a) above, the terms of the resolution of such Post-Closing Warranty Claim are revised in a way that is reasonably expected to materially increase the expected cost to fulfill such Post-Closing Warranty Claim, the Buyer shall obtain the Seller’s consent to such revisions (such consent not to be unreasonably withheld, delayed or conditioned, it being understood that the reasonableness of such delay may take into account the reasonable expectations of customers with respect to the timing of the warranty servicing). The Parties acknowledge and agree that all Post-Closing Warranty Claims that arise after the date hereof that relate to products sold by the Business prior to the date hereof shall be addressed solely pursuant to this Section 11.15.10 notwithstanding anything to the contrary in this Agreement. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conforming, then AngioSense shall be responsible for payment of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to repair or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT MAKES NO OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE.5.11

Product Warranty. Bioject warrants 11.1 Dealer may, but is not required to, provide warranties and remedies in addition to AngioSense that but not less than the warranties and remedies set forth in Section 11.2. Dealer shall inform the End User of Avaya's Limitation of Liability as set forth in Section 12 of this Agreement, in a reasonable manner. Avaya has warranted to Distributor the title of the Avaya Managed Products purchased by Distributor from DDM and resold to Dealer under this Agreement. This warranty of title is the only warranty provided to Dealer. 11.2 Dealer shall, before or at the time of delivery to AngioSense of Avaya Managed Products, advise an End User of the Aject (alone or as part of the AngioSense Product) purchased by AngioSense shall following: (i) have been manufactured that the Avaya Managed Products may contain remanufactured parts that are equivalent to new in compliance with Good Manufacturing Practices (GMP) as established by the FDA performance and appearance; (ii) conform that there is a toll fraud exclusion in Avaya's warranty, with a specific reference to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty (express, implied, or statutory) for any Aject (alone or as part words of that exclusion and an explanation of the AngioSense Productmeaning of those words; (iii) that is modified or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform Avaya Managed Products are warranted to the applicable Aject Specification and/or AngioSense Product Specificationend user on the Delivery or In-Service Date, AngioSense whichever is applicable, and for a period of one (1) year thereafter to operate in accordance with Avaya's standard published specifications; and if any Avaya Managed Products are not operational during the warranty period, that the End User shall notify Bioject no later than thirty the Dealer who at its option will replace or repair those Avaya Managed Products without charge. Replaced Avaya Managed Products become the property of Dealer; and (30iv) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conforming, then AngioSense shall be responsible for payment of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to repair or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT MAKES THAT AVAYA AND ITS AFFILIATES AND SUPPLIERS MAKE NO OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES EXPRESS OR IMPLIED AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR USEPURPOSE. 11.3 EXCEPT FOR THE WARRANTY OF TITLE TO DISTRIBUTOR AND THE LIMITED PRODUCT WARRANTY TO DEALER'S END USERS REFERENCED IN THIS SECTION, AVAYA, ITS AFFILIATES AND SUPPLIERS MAKE NO WARRANTIES EXPRESS OR IMPLIED AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. 11.4 The indemnity obligations of Dealer under Section 13.1 shall apply to Dealer's provision of End User warranty assistance services and to any failure to refer to and explain the toll fraud exclusion to an End User. Dealer may return Avaya Managed Products replaced under Section 11.2 (iii) to Avaya for replacement by Avaya.

Product Warranty. Bioject Seller warrants to AngioSense that at Purchaser only the time Products to be free from defects in material and workmanship for a period of delivery one year from the date of delivery, subject to AngioSense of the Aject (alone or as part of the AngioSense Product) purchased by AngioSense shall (i) have been manufactured in compliance with Good Manufacturing Practices (GMP) as established by the FDA Seller’s standard manufacturing and (ii) conform commercial variations and practice. SELLER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES TO PURCHASER REGARDING THE PRODUCTS AND EXPRESSLY DISCLAIMS ALL OTHER IMPLIED OR EXPRESS WARRANTIES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s Product warranty does not apply to any Product to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty extent it has been subject to (express, implied1) other than normal wear and tear, or statutory(2) for any Aject (alone improper installation, alteration, modification, or as part of the AngioSense Product) that is modified repair, tampering, negligence, abuse or subjected to accident, misuse, neglect or (3) improper storage. If the Aject (alone LIABILITY IS LIMITED TO REPAIR OR REPLACEMENT, AT SELLER’S OPTION, OF ANY DEFECTIVE PRODUCT. Seller will repair or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense its option Products which upon inspection it finds to AngioSense such be defective, based on claims made in writing to Seller within a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms reasonable time after discovery. Products alleged to the applicable Aject Specification and/or AngioSense Product Specifications be defective must be returned, freight prepaid, within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze to Seller with the Aject rejected by AngioSense for nonconformity and if it is objectively established that return authorization number, obtained from Seller, clearly marked on the Aject was conforming, then AngioSense shall be responsible for payment outside of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to return container for repair or replace at Bioject's option any nonconforming Ajectsreplacement by Seller. THE ABOVE WARRANTY SHALL CONSTITUTE PURCHASER’S EXCLUSIVE REMEDY WITH RESPECT TO THE PRODUCTS FURNISHED HEREUNDER. IN NO EVENT SHALL SELLER BE LIABLE OR RESPONSIBLE TO PURCHASER OR ANY OTHER THAN EXPRESSLY SET FORTH HEREINPERSON FOR ANY SPECIAL, BIOJECT MAKES INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY OF LAW, EVEN IF SELLER SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGES, ALL SUCH DAMAGES AND CLAIMS BEING SPECIFICALLY DISCLAIMED. IN NO OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES EVENT SHALL SELLER’S LIABILITY EXCEED THE PURCHASE PRICE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USETHE PRODUCT.

Product Warranty. Bioject a. ChemTrak warrants to AngioSense that at the time Product supplied by ChemTrak under this Agreement will be of delivery to AngioSense of the Aject (alone or as part of the AngioSense Product) purchased by AngioSense shall (i) have been manufactured merchantable quality, free from defects in compliance with Good Manufacturing Practices (GMP) as established by the FDA materials and (ii) workmanship and will substantially conform to the Aject Specification and/or AngioSense Product Specification Specifications for a period of time from shipment of Product to Distributor as the case may beis applicable to such Product Specifications. Bioject makes In no warranty (express, implied, or statutory) event shall ChemTrak be liable under this Agreement for any Aject (alone or as part failure of any Product to meet the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze due to improper use, storage or shipment by Distributor or by anyone receiving the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conforming, then AngioSense shall be responsible for payment of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to repair Product directly or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY indirectly from Distributor. b. EXCEPT AS SET FORTH HEREININ SECTION 6(a) ABOVE, BIOJECT CHEMTRAK MAKES NO OTHER WARRANTIESWARRANTIES WITH RESPECT TO THE PRODUCT, INCLUDINGEXPRESS OR IMPLIED, BUT NOT LIMITED TOAND SPECIFICALLY, WITHOUT LIMITATION, CHEMTRAK DISCLAIMS ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USEPURPOSE. EXCEPT AS SET FORTH ABOVE, CHEMTRAK NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME ANY LIABILITY OR WARRANTY IN CONNECTION WITH THE PRODUCT. IN THE EVENT OF ANY BREACH BY CHEMTRAK OF THE WARRANTY SET FORTH IN SECTION 6(a) ABOVE, DISTRIBUTOR'S SOLE REMEDY WILL BE TO RETURN THE AFFECTED PRODUCTS FOR REPAIR, REPLACEMENT OR CREDIT OF THE PURCHASE PRICE, AT CHEMTRAK'S OPTION. IN THE EVENT ANY LIABILITY IS IMPOSED ON CHEMTRAK [BY DISTRIBUTOR] FOR ANY REASON WHATSOEVER IN CONNECTION WITH ITS SUPPLY OF PRODUCT HEREUNDER, THE AGGREGATE AMOUNTS PAYABLE BY CHEMTRAK BY REASON THEREOF WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY DISTRIBUTOR TO CHEMTRAK FOR THE PRODUCT TO WHICH SUCH LIABILITY RELATES. DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH LIABILITY. c. If Distributor makes any warranty or representation inconsistent with or in addition to the warranties stated in this Section 6, Distributor will, at its own expense, defend and hold ChemTrak harmless from any claim to the extent it is based upon such inconsistent or additional warranty or representation.

Product Warranty. Bioject A. Warranty- EMS warrants to AngioSense that at the time of delivery to AngioSense of shipment the Aject (alone or as part of the AngioSense Product) purchased products manufactured by AngioSense shall (i) have been manufactured EMS and sold hereunder will be free from defects in compliance with Good Manufacturing Practices (GMP) as established by the FDA material and (ii) workmanship, and will conform to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no specifications furnished by or approved by EMS. (1) If any defect within this warranty appears, Buyer shall notify EMS immediately. (express, implied, 2) EMS agrees to repair or statutory) furnish a replacement for any Aject (alone or as part product which, within one year from the date of shipment by EMS shall, upon test and examination by EMS, prove defective based upon the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storageabove specified warranty. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conforming, then AngioSense shall EMS will not be responsible for payment installation or disassembly, or any costs related to installation or disassembly of products shipped to Buyer that are proven to be defective under this warranty clause. (3) No product will be accepted for return or replacement without written authorization of EMS. Upon such authorization, and in accordance with instructions by EMS, the Ajectproduct will be returned shipping and all other charges prepaid by Buyer. All returns shall Replacements made under this warranty will be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to repair or replace at Bioject's option any nonconforming Ajects. shipped repaid. B. Warranty Exclusions (1) THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT MAKES NO OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESSED OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FITNESS. EMS EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, THAT MAY ARISE UNDER THE LAW. (2) If the Buyer purchases units or components from any supplier other than EMS, the Buyer shall bear only the warranty given by the manufacturer of that product, and EMS assumes no responsibility for the integration of its product with any other product. (3) EMS WILL NOT BE LIABLE FOR A PARTICULAR USEANY SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS, DAMAGES, OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM THE USE OF THE PRODUCTS OR ANY INABILITY TO USE THEM EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER EQUIPMENT OR MATERIAL OR FROM ANY OTHER CAUSE. (4) The warranty does not extend to any product manufactured by EMS which has been subjected to misuse, neglect, accident, improper installation or to use in violation of instructions furnished by EMS. (5) The warranty does not extend to or apply to any unit which has been repaired or altered at any place other than at EMS’s factory or by persons not expressly approved by EMS.

Product Warranty. Bioject Pharmacia warrants that each Product delivered to AngioSense that Celltech pursuant to this Option Agreement will be merchantable, will conform to the Specifications, will not be adulterated or misbranded within the meaning of the Act and analogous Laws of jurisdictions Throughout the World, will conform to all applicable regulations of all Drug Regulatory Agencies including without limitation all Product Approvals, Establishment Registrations and regulations regarding the Product’s Labeling and, at the time of delivery to AngioSense Celltech, will have a minimum of eighteen (18) months of the Aject (alone or Product shelf life as part of per any applicable Product Approvals, Establishment Registrations and regulations regarding the AngioSense Product) purchased by AngioSense shall (i) have been manufactured in compliance with Good Manufacturing Practices (GMP) as established by the FDA and (ii) conform to the Aject Specification and/or AngioSense Product Specification as the case may be’s Labeling. Bioject makes no warranty (express, implied, or statutory) for any Aject (alone or as part of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conforming, then AngioSense shall be responsible for payment of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to repair or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY THE WARRANTIES SET FORTH HEREININ THIS SECTION 4.1(K) ARE THE ONLY WARRANTIES MADE BY PHARMACIA WITH RESPECT TO THE PRODUCTS AND THESE WARRANTIES ARE PROVIDED IN LIEU OF AND PHARMACIA EXPRESSLY DISCLAIMS ANY OTHER REPRESENTATION AND WARRANTY OF ANY KIND, BIOJECT MAKES NO OTHER WARRANTIESEXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ORAL OR WRITTEN INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USEPURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. CELLTECH ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY PROVIDED HEREIN NO OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS TO BE DELIVERED TO CELLTECH PURSUANT TO THIS OPTION AGREEMENT HAVE BEEN MADE TO CELLTECH BY OR ON BEHALF OF PHARMACIA.

Product Warranty. Bioject Seller warrants to AngioSense Customers that at the time Seller’s Products provided hereunder shall be free of delivery to AngioSense defects in material or workmanship for a period of the Aject (alone or as part of the AngioSense Product) purchased by AngioSense shall (i) have been manufactured in compliance with Good Manufacturing Practices five (GMP5) as established by the FDA years for LED Products and (ii) conform to one (1) year for all other Products, from date of shipment from the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty (express, implied, or statutory) for any Aject (alone or as part of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storageapplicable Seller warehouse location. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the within either such applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of period any such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conforming, then AngioSense Products shall be responsible for payment of the Aject. All returns shall proved to Seller’s satisfaction to be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to defective, Seller shall, at its option, repair or replace at Bioject's option the affected part free of charge and send such repaired or replaced part to the Customer F.O.B. destination. Such repair or replacement (whichever Seller determines, in its discretion, to provide) shall be Seller’s sole obligation and the Customer’s exclusive remedy for any nonconforming Ajectsdeficiency in Products furnished hereunder and shall be conditioned upon the Customer’s return of such Products to Seller F.O.B. shipping point, or, in Seller’s sole discretion, inspected in the field by a Seller- authorized representative. OTHER THAN EXPRESSLY SET FORTH HEREINNotwithstanding anything to the contrary contained herein, BIOJECT MAKES NO this warranty does not apply to, and Seller has no responsibility to any Customer for, Products that have been modified, improperly installed and/or used in conditions or for purposes other than for which they were designed. Any parts repaired or replaced under this warranty are warranted only for the balance of the applicable warranty period on the defective Product No person, agent or distributor is authorized to give any other warranty, or to modify the terms of this warranty, on behalf of Seller. THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED; AND SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR USEPURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. To obtain warranty service pursuant to this Section 10, please send an email to xxxxx@xxxxxxxxxx.xxx or contact your local sales representative.

Product Warranty. Bioject warrants Seller warrants, solely for the benefit of Buyer, that each component of Seller’s Products, have been manufactured, packaged, and tested with reasonable care and will be substantially free from defects in workmanship and shall conform to AngioSense its specifications for a period of one (1) year from the date of shipment. Seller’s warranty shall not apply if a Product (a) is not used in accordance with its instructions for use; or (b) has been subject to abuse, negligence, or accident, or altered or repaired by anyone other than Seller or Seller's duly authorized agent. In all cases, Seller has sole responsibility and discretion for determining the cause and nature of a Product defect, and Seller's determination with regard thereto shall be final. Seller will, at its election, either repair or replace any part of Seller’s products that Seller determines was defective at the time of delivery to AngioSense shipment, provided that Buyer notifies Seller within the warranty period. All claims must be brought within one (1) year of shipment, regardless of their nature. The foregoing warranty is in lieu of all other representations and warranties, and Seller’s obligations under the preceding sentence of this Section 6 shall constitute Buyer’s sole and exclusive remedy for any breaches of the Aject (alone or as part of the AngioSense Product) purchased by AngioSense shall (i) have been manufactured in compliance with Good Manufacturing Practices (GMP) as established by the FDA and (ii) conform to the Aject Specification and/or AngioSense Product Specification as the case may beforegoing warranty. Bioject makes no warranty (express, implied, or statutory) for any Aject (alone or as part of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conforming, then AngioSense shall be responsible for payment of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to repair or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY EXCEPT AS SET FORTH HEREINABOVE THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS AND SELLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND LIABILITY WHATSOEVER, BIOJECT MAKES NO OTHER WARRANTIESWHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, QUIET ENJOYMENT, NON- INFRINGEMENT, COMPLIANCE WITH GOOD MANUFACTURING PRACTICES, AND/OR FITNESS FOR A PARTICULAR USEPURPOSE. BUYER BEARS ALL RISK RESULTING FROM THE USE OF PRODUCTS.

Product Warranty. Bioject Seller warrants to AngioSense that at Purchaser only the time Products to be free from defects in material and workmanship for a period of delivery one year from the date of delivery, subject to AngioSense of the Aject (alone or as part of the AngioSense Product) purchased by AngioSense shall (i) have been manufactured in compliance with Good Manufacturing Practices (GMP) as established by the FDA Seller’s standard manufacturing and (ii) conform commercial variations and practice. SELLER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES TO PURCHASER REGARDING THE PRODUCTS AND EXPRESSLY DISCLAIMS ALL OTHER IMPLIED OR EXPRESS WARRANTIES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE . Seller’s Product warranty does not apply to any Product to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty extent it has been subject to (express, implied1) other than normal wear and tear, or statutory(2) for any Aject (alone improper installation, alteration, modification, or as part of the AngioSense Product) that is modified repair, tampering, negligence, abuse or subjected to accident, misuse, neglect or (3) improper storage. If the Aject (alone LIABILITY IS LIMITED TO REPAIR OR REPLACEMENT, AT SELLER’S OPTION, OF ANY DEFECTIVE PRODUCT . Seller will repair or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject agrees to replace at no additional expense its option Products which upon inspection it finds to AngioSense such be defective, based on claims made in writing to Seller within a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms reasonable time after discovery. Products alleged to the applicable Aject Specification and/or AngioSense Product Specifications be defective must be returned, freight prepaid, within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze to Seller with the Aject rejected by AngioSense for nonconformity and if it is objectively established that return authorization number, obtained from Seller, clearly marked on the Aject was conforming, then AngioSense shall be responsible for payment outside of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to return container for repair or replace at Bioject's option replacement by Seller. THE ABOVE WARRANTY SHALL CONSTITUTE PURCHASER’S EXCLUSIVE REMEDY WITH RESPECT TO THE PRODUCTS FURNISHED HEREUNDER. In no event shall Seller be liable or responsible to Purchaser or any nonconforming Ajectsother person for any special, indirect or consequential losses or damages, whether based on contract, tort, strict liability or other theory of law, even if Seller shall have been advised of the possibility of any such loss or damages, all such damages and claims being specifically disclaimed. OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT MAKES NO OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES In no event shall Seller’s liability exceed the purchase price OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USETHE PRODUCT.

Product Warranty. Bioject a. Seller warrants to AngioSense that Distributor that, the Products will conform in all material respects to Seller's written specifications and will be free from defects in materials and workmanship. Seller's obligation under this warranty is limited to, at Seller's option, repairing or replacing, at Seller's option, at Seller's facility or at the time of delivery to AngioSense location of the Aject (alone Product, any Product or as part parts thereof that Seller determines not to conform to this warranty. Distributor shall promptly notify Seller in writing of any alleged defects in the Product and specifically describe the problem. Seller shall have no obligations under this warranty with respect to any defect unless it receives notice and a description of such defect no later than 60 working days following the expiration of the AngioSense Product) purchased by AngioSense warranty period. Upon receipt of such notice, Seller shall either advise Distributor that warranty service shall be provided at the location of the Product or shall instruct Distributor as to the part or parts of the Product that Distributor shall ship back to Seller for repair or replacement. b. The foregoing warranties shall not apply to any Product which has been (i) have been manufactured used or operated in compliance a manner inconsistent with Good Manufacturing Practices (GMP) as established the use intended by the FDA and Seller, (ii) conform to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty (express, impliedmodified or repaired by anyone other than Seller personnel or Seller's authorized service representatives in a manner which adversely affects its operations or reliability, or statutory(iii) for any Aject (alone or as part damaged because of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storagemisuse by anyone other than Seller personnel, failure or surge of electrical power, air conditioning or humidity control, transportation, or other causes other than ordinary use. If In addition, the Aject (alone foregoing warranties shall not apply to any Product not manufactured by Seller or as part components of the AngioSense Product) supplied hereunder fails Product that are not manufactured by Seller, provided, however, that Seller shall endeavor to conform make available to Distributor any warranties on such components which have been granted to Seller by the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject original seller of such nonconformityProducts or their components. Bioject agrees to replace at no additional expense to AngioSense such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conforming, then AngioSense shall be responsible for payment of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to repair or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT MAKES NO THE FOREGOING WARRANTIES APPLY ONLY TO THE ORIGINAL PURCHASER AND ARE IN LIEU OF ALL OTHER WARRANTIES, INCLUDINGEXPRESS, BUT NOT LIMITED TOIMPLIED OR STATUTORY, ANY INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR USEPURPOSE. Seller shall in no event have obligations or liabilities to Distributor or any other person for loss of profits, loss of use or incidental, special or consequential damages, whether based on contract, tort (including negligence), strict liability, or any other theory or form of action, even if Seller has been advised of the possibility thereof, arising out of or in connection with the sale, delivery, use, repair or performance of the Product or the Programs, or any failure or delay in connection with any of the foregoing. Without limiting the generality of the preceding sentence, Seller shall not be liable for personal injury or property damage. In no event shall the liability of Seller arising in connection with any Product sold hereunder exceed the actual amount paid by Distributor to Seller for the Product delivered hereunder.

Product Warranty. Bioject Cardima warrants that the Products sold to AngioSense Distributor will at all times comply with the requirements of and regulations adopted pursuant to the US Federal Food, Drug, and Cosmetic Act. Cardima will provide, when requested by Distributor, certification that at to the time best of delivery to AngioSense of the Aject (alone or as part of the AngioSense Product) purchased by AngioSense shall (i) have been manufactured its knowledge it is in compliance with Good Manufacturing Practices (GMP) as established by the FDA US laws, statutes, rules, regulations and (ii) conform relevant orders relating to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty (expressmanufacture, implieduse, or statutory) for any Aject (alone or as part distribution and sale of the AngioSense Product) that is modified . CARDIMA'S SOLE OBLIGATION UNDER THE FOREGOING WARRANTY SHALL BE, AT CARDIMA'S SOLE ELECTION, TO EITHER REPLACE THE RELEVANT PRODUCT OR REFUND DISTRIBUTOR'S PURCHASE PRICE FOR SUCH PRODUCT. IN NO EVENT SHALL CARDIMA BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS BY THE CUSTOMER OR FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES FOR BREACH OF WARRANTY. Such obligation shall be subject to Cardima being granted the reasonable opportunity to inspect the allegedly defective Product at the location of its use or subjected to accidentstorage and, misuseupon request in accordance with Cardima's instruction, neglect or improper storage. If the Aject (alone or as part return of the AngioSense Product to Cardima at Cardima's cost. Any such replacement of Products may be made by substitution of any similar product. NOTWITHSTANDING THE FOREGOING, CARDIMA SHALL HAVE NO WARRANTY OR OTHER OBLIGATION WITH RESPECT TO ANY PRODUCT SOLD HEREUNDER IF SUCH PRODUCT HAS EXPIRED CONSISTENT WITH LABELS OR OTHER PUBLICATIONS BY CARDIMA OR HAS NOT BEEN USED, HANDLED OR STORED IN ACCORDANCE WITH INDUSTRY PRACTICE AND GUIDELINES WHICH MAY BE COMMUNICATED BY CARDIMA. In the event that a claim is made against Paramedic Co., Ltd. based on the use of an allegedly non-complying Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after its discovery of the nonconformity (but in no event later than one hundred and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject of such nonconformity. Bioject Cardima agrees to replace at no additional expense to AngioSense discuss in good faith, contribution toward settling such a nonconfirming Aject (alone or as part of the AngioSense Product) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1claim. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conformingEXCEPT AS EXPRESSLY PROVIDED ABOVE, then AngioSense shall be responsible for payment of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be to repair or replace at Bioject's option any nonconforming Ajects. OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT MAKES CARDIMA GRANTS NO OTHER WARRANTIESWARRANTIES OR CONDITIONS, INCLUDINGEXPRESS OR IMPLIED, BUT NOT LIMITED TOBY STATUTE, THIS AGREEMENT OR ANY IMPLIED WARRANTIES OF COMMUNICATION BY CARDIMA, REGARDING THE PRODUCT, THEIR FITNESS FOR ANY PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR USEOTHERWISE.

Product Warranty. Bioject a) Seller warrants to AngioSense that Customer only, that: (i) Seller shall convey free and clear title to the Products to Customer and, as of the date title to Products passes to Customer, Seller will have the right to sell, transfer, and assign such Products and the title conveyed by Seller shall be good; (ii) Seller's Manufactured Products will be free from defects in material and workmanship, will conform to and perform in accordance with Seller's applicable Specification (Attachment D), will operate in accordance with Attachment D when installed on or adjacent to electrical high voltage transmission towers, and will, when used as designed, create no material adverse health effects; (iii) With respect to Vendor Items, Seller, to the extent permitted, does hereby assign to Customer the warranties given to Seller by its vendor of such Vendor Items. Such assignment will be effective on the date of shipment of such Vendor Items. With respect to Vendor Items recommended by Seller in its Specifications for which the vendor's warranty cannot be assigned to Customer, or if assigned, less than sixty (60) days remain of the vendor's warranty at the time of delivery to AngioSense assignment, Seller warrants for sixty (60) days from the date of the Aject (alone shipment or, if installed by Seller, on Acceptance by Customer or as part of the AngioSense Product) purchased by AngioSense shall (i) have been manufactured in compliance with Good Manufacturing Practices (GMP) as established by the FDA and (ii) conform to the Aject Specification and/or AngioSense Product Specification as the case may be. Bioject makes no warranty (express, implied, or statutory) for any Aject (alone or as part of the AngioSense Product) that is modified or subjected to accident, misuse, neglect or improper storage. If the Aject (alone or as part of the AngioSense Product) supplied hereunder fails to conform to the applicable Aject Specification and/or AngioSense Product Specification, AngioSense shall notify Bioject no later than thirty (30) days after from the date Seller submits its discovery notice of completion of its installation whichever is sooner, that such Vendor's Items will be free from defects in material and workmanship. b) The Warranty Periods listed below are applicable to Seller's Manufactured Products furnished pursuant to this Agreement, and unless otherwise stated begin upon delivery to the destination specified in Customer's order or, if installed by Seller, on the first day of the next full calendar month following Acceptance by Customer or on the first day of the second full calendar month following the date Seller submits its notice of completion of its installation, whichever is sooner: Repaired or Class of New Replacement Product Product* Product or Part** ------- -------- ----------------- PCS Switching Center and 24 Months 6 Months Base Station Hardware Transmission Systems -All Transmission Products in the "2000 Product Family" 60 Months 6 Months -D4 Circuit Packs 60 Months 6 Months -SLC Circuit Packs 60 Months 6 Months -SLC Series 5 Plug-ins 60 Months 6 Months -T1 Repeaters 60 Months 6 Months -DDM-1000 Circuit Packs 60 Months 6 Months -Other Transmission Products 24 Months 6 Months Energy Systems 12 Months 3 Months All other Network Systems Products 12 Months 3 Months * Refer to the SOFTWARE WARRANTY CLAUSE for associated Software warranties. ** The Warranty Period for a repaired Product or part thereof repaired under or for a replacement Product or part thereof furnished in lieu of repair under this Warranty is the period listed or the unexpired term of the new Product Warranty Period, whichever is longer. Notwithstanding anything in this Agreement to the contrary, Customer's use of any part of any system In Revenue Service (or to provide training or hands-on experience to Customer's personnel) shall, if prior to Seller's notice of installation completion, commence the applicable warranty period; provided; however, this provision shall not apply to training provided by Seller nor to the extent that Customer's personnel merely familiarize themselves with the Initial Order without actual operation of the Products. c) If, under normal and proper use during the applicable Warranty Period, a defect or nonconformity (but is identified in no event later than one hundred a Product furnished by Seller, and eighty-five (185) days after delivery) and AngioSense shall present reasonable evidence to Bioject Customer notifies Seller in writing of such nonconformity. Bioject agrees to replace at no additional expense to AngioSense defect or nonconformity promptly after Customer discovers such a nonconfirming Aject (alone defect or as part nonconformity and follows Seller's instructions regarding the return of the AngioSense defective or nonconforming Product, Seller shall take the following action: (i) with a new such Aject which conforms to the applicable Aject Specification and/or AngioSense Product Specifications within thirty (30) days after receipt of AngioSense's notification under this Section 11.1. Bioject may analyze the Aject rejected by AngioSense for nonconformity and if it is objectively established that the Aject was conformingSeller, then AngioSense at its option, shall be responsible for payment of the Aject. All returns shall be as set forth in Section 8.9 above. Bioject's sole obligation under the warranty stated above shall be attempt first to repair or replace such Product without charge at Biojectits facility or, if not feasible, provide a refund or credit based on the original purchase price, and installation charges if installed by Seller, provided however, if such removal will cause a Material Service Impact, Customer's option consent shall be required prior to any such removal. Customer must return the Product to Seller for repair and replacement, except as noted below. (ii) Where Seller has elected to repair or replace a Product which has been installed by Seller and Seller ascertains that the Product is not readily returnable by Customer, Seller will repair or replace the Product at Customer's site. d) If Seller has elected to repair or replace a defective Product, Customer is responsible for removing and reinstalling and, in addition, for on-site repair or replacement of cable and wire Products, Customer must make the Product accessible for repair or replacement, and is responsible to restore the site. e) Products returned for repair or replacement will be accepted by Seller only in accordance with its instructions and procedures for such returns. The transportation expense associated with returning such Product to Seller shall be borne by Customer. Seller shall pay the cost of transportation of the repaired or replacing Product to the destination designated by Customer within the Territory. f) Defective or nonconforming AjectsProducts or parts which are replaced hereunder shall become Seller's property. Seller may use either new, remanufactured, reconditioned, refurbished, or functionally equivalent Products or parts in the furnishing of repairs or replacements under this Agreement. g) If Seller determines that a Product for which warranty Service is claimed is not defective or not nonconforming, Customer shall pay Seller's costs of handling, inspecting, testing, and transporting and, if applicable, traveling and related expenses. h) Seller make no warranty with respect to defective conditions or nonconformities resulting from the following: Customer modifications (other than in accordance with Seller's instructions), misuse, neglect, accident or abuse; improper wiring, repairing, splicing, alteration, installation, storage or maintenance by other than Seller, its employees, subcontractors, representatives or agents; use in a manner not in accordance with Seller's or vendor's specifications, or operating instructions or failure of Customer to apply previously applicable Seller modifications and corrections. In addition, Seller makes no warranty with respect to Products which have had their serial numbers or months and year of manufacture removed, altered or with respect to expendable items, including, without limitation, fuses, light bulbs, motor brushes, and the like. i) THE FOREGOING PRODUCT WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER THAN EXPRESSLY SET FORTH HEREIN, BIOJECT MAKES NO OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED TO WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR USEPURPOSE. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY SHALL BE SELLER'S OBLIGATION TO REPAIR, REPLACE, CREDIT OR REFUND AS SET FORTH ABOVE IN THIS WARRANTY. If Customer and Seller have a disagreement as to whether or not a problem is a defect or non-conformity covered by this warranty, Seller agrees to correct the problem and xxxx Customer for the corrective action under Section "Invoices and Terms of Payment" of the Agreement. Seller will segregate such bills. Such disputed warranty claims will be subject to resolution by the arbitration in accordance with Section 1.40 of this Agreement, and if resolved in Customer's favor, Seller agrees to credit Customer for the costs of corrective action covered by warranty. Seller agrees that if Customer acquired equipment, software, or licensed materials (including, without limitation, radio frequency and network equipment, but not including components internal to Products furnished under this Agreement) from a source other than Seller, and if Customer installs such an item in or interconnects such an item with any PCS System, Products or Licensed Materials obtained under this Agreement, Seller agrees that Seller's warranties hereunder shall not be voided or affected; provided, however, Seller's warranties shall not apply to damage, defects, nonconformities, or degradation in performance in Products and/or Licensed Materials purchased (or, with respect to Licensed Materials, licensed) under this Agreement to the extent they are caused by installation or interconnection of the item in violation of Seller's instructions, which such instructions shall be based upon reasonable and appropriate technical considerations, or caused by (but not simply revealed by) such installed or interconnected items. Seller shall be entitled to xxxx Customer Seller's Standard Charges for Seller's efforts to identify and/or correct any such damage, defect, nonconformity, or degradation in performance so caused, and to test and transport the corrected item. Nothing in this paragraph shall itself be deemed to require Seller to publish interface information or otherwise to facilitate such installation or interconnection of items not obtained from Seller. If as a result of a defect or non-conformity covered by this warranty a Material Service Impact is experienced, Seller shall at its sole cost and expense repair or correct the problem or replace the defective Products or Licensed Materials and ship any required replacement Products (or components thereof) or replacement Licensed Materials to Customer as promptly as possible. If such repair, replacement or installation or replacement Products or Licensed Materials require the Services of Seller service personnel at Customer's sites, Seller shall, at its sole cost and expense, dispatch such service personnel as are required to correct such problem as promptly as possible upon being notified thereof by Customer. The warranties provided for Licensed Materials are transferable to the extent provided in Section 3.11 "LIMITED TRANSFERABILITY" of this Agreement. The warranties on Products (including any warranties for the installation and repair thereof) shall be transferable along with the Products with which they are associated. No charge shall be made by Seller to Customer in respect of any such transfer of warranty; but, Seller shall have the right to charge the transferee a nominal fee to compensate Seller for registering the transferee as entitled to the transferred warranty and otherwise readying Seller to react to warranty claims made by the transferee. Warranties provided in this Agreement are otherwise non- transferable. Notwithstanding the foregoing, if as a result of the transfer of Licensed Materials or Products it would be used or operated in a country other than the United States, the warranties furnished hereunder shall not be transferable; however, should the Warranty Period for such item have not expired by the time of such transfer, Seller agrees to offer to the transferee Seller's standard warranty for such item offered (or intended to be offered) by Seller in such country, if any, for the remainder of such unexpired Warranty Period. Furthermore, Seller shall have no obligation hereunder to honor any warranty claim made by any equipment manufacturer competitor of Seller, including any party whose principal business is the sales of new or used telecommunications equipment, it being the intention of the parties that only claims from a user of such equipment directly in the provision of telecommunications services to the public are authorized under any transferred warranty.