Common use of Provision of certain Products Clause in Contracts

Provision of certain Products. Upon receipt of Distributor’s full Distribution Franchise Fee payment(s), INFRAREDX shall, at its own expense, transfer ownership to Distributor of ten (10) sets of TVC Imaging System consoles (NIRC-MC7) and its necessary components and disposables as listed in Exhibit A. Provided Distributor’s [***]% of Distribution Franchise Fee payment is made, INFRAREDX shall agree to, at its own expense, transfer ownership to Distributor of at most five (5) TVC Imaging System consoles (NIRC-MC7) prior to the approval as needed basis. Transportation and delivery terms for these particular Products shall be in accordance with Subsection 3(h), Shipping above.

Provision of certain Products. Upon receipt of Distributor’s full Distribution Franchise Fee payment(s), INFRAREDX shall, at its own expense, transfer ownership to Distributor of ten (10) sets of TVC Imaging System consoles (NIRC-MC7) and its necessary components and disposables as listed in Exhibit A. Provided Distributor’s [***]50% of Distribution Franchise Fee payment is made, INFRAREDX shall agree to, at its own expense, transfer ownership to Distributor of at most five (5) TVC Imaging System consoles (NIRC-MC7) prior to the approval as needed basis. Transportation and delivery terms for these particular Products shall be in accordance with Subsection 3(h), Shipping above.