CROSS LICENSE AGREEMENTCross License Agreement • January 16th, 2008 • Broncus Technologies Inc/Ca • Surgical & medical instruments & apparatus • California
THIS CROSS LICENSE AGREEMENT (this “Agreement”) is made and entered into effective as of December 30, 2003 (the “Effective Date”) by and between Broncus Technologies, Inc., a California corporation having its principal place of business at 1400 N. Shoreline Blvd., Bldg. A, Suite 8, Mountain View, California 94303 (“Broncus”) and Asthmatx, Inc., a California corporation having its principal place of business at 1340 Space Park Way, Mountain View, California 94043 (“Asthmatx”).
INDEMNITY AGREEMENTIndemnity Agreement • November 20th, 2007 • Broncus Technologies Inc/Ca • Delaware
This Indemnity Agreement (this “Agreement”), dated as of , 2008, (the “Effective Date”) is made by and between Broncus Technologies, Inc., a Delaware corporation (the “Company”), and , an individual who is a director and/or officer of the Company (“Indemnitee”).
FIFTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • November 20th, 2007 • Broncus Technologies Inc/Ca • California
This Fifth Amended and Restated Investors’ Rights Agreement (this “Agreement”) is made and entered into as of July 12, 2006 by and among Broncus Technologies, Inc., a California corporation (the “Company”), and the persons and entities listed on Exhibit A attached hereto (the “Investors”).
INDEPENDENT CONSULTANT AGREEMENTIndependent Consultant Agreement • November 20th, 2007 • Broncus Technologies Inc/Ca • California
This INDEPENDENT CONSULTANT AGREEMENT (the “Agreement”) is made and entered into by and between Broncus Technologies, Inc., a California corporation (“the Company”) and Mary Russell (“Consultant”) effective October 12, 2006 (the “Effective Date”).
INDEMNIFICATION AGREEMENTIndemnification Agreement • January 16th, 2008 • Broncus Technologies Inc/Ca • Surgical & medical instruments & apparatus • California
This Indemnification Agreement (this “Agreement”) is made and entered into effective as of February 17, 2004 (the “Effective Date”) by and between Asthmatx, Inc., a California corporation (“Asthmatx”), and Broncus Technologies, Inc., a California corporation (“Broncus”).
ROYALTY BASED CONSULTING AGREEMENTRoyalty Based Consulting Agreement • November 20th, 2007 • Broncus Technologies Inc/Ca • Missouri
THIS ROYALTY BASED CONSULTING AGREEMENT (hereinafter the “Agreement”), is made effective as of October 12, 1999, by and between BRONCUS TECHNOLOGIES, INC., a California corporation (“Broncus”), and JOEL COOPER, M.D., a resident of the state of Missouri (“Dr. Cooper”), and SURGICAL RESEARCH, INC., a Missouri corporation (“SRI”).
AGREEMENT NOT TO SUEAgreement Not to Sue • January 16th, 2008 • Broncus Technologies Inc/Ca • Surgical & medical instruments & apparatus • California
THIS AGREEMENT NOT TO SUE (the “Agreement”) is made and entered into effective as of the 30th day of April, 1997, by and among VNUS MEDICAL TECHNOLOGIES, INC., a Delaware corporation having its principal place of business at Sunnyvale, California (“Vnus”), SURx, INC., a Delaware corporation having is principal place of business at Pleasanton, California (“SURx”), CORDIAL MEDICAL, INC., a Delaware corporation having its principal place of business at Tustin, California (“Cordial”), and BRONCUS TECHNOLOGIES, INC., a California corporation, having its principal place of business at Mountain View, California (“Broncus”). Vnus, SURx, Cordial and Broncus may be herein referred to individually as a “Party” and collectively as “Parties”.
INDEPENDENT CONSULTANT AGREEMENTIndependent Consultant Agreement • November 20th, 2007 • Broncus Technologies Inc/Ca • California
This Independent Consultant Agreement (the “Agreement”) is made and entered into on October , 2006 by and between Broncus Technologies, Inc., a California corporation (“the Company”) and Michael D. Laufer, MD (“Consultant”) effective December 26, 2003 (the “Effective Date”). Whereas the Company and Consultant desire to create an “independent contractor” relationship in connection with certain consulting services to be provided by Consultant to the Company, as described below, the parties agree to the following terms of this engagement.
CORPORATE FORMATION AGREEMENTCorporate Formation Agreement • November 20th, 2007 • Broncus Technologies Inc/Ca • California
This Corporate Formation Agreement (this “Agreement”) is made and entered into as of December 26, 2003 (the “Effective Date”) by and between Asthmatx, Inc. (“Asthmatx”), a California corporation, and Broncus Technologies, Inc., a California corporation (“Broncus”).
INDEMNIFICATION AGREEMENTIndemnification Agreement • November 20th, 2007 • Broncus Technologies Inc/Ca • California
This Indemnification Agreement (this “Agreement”) is made and entered into effective as of February 17, 2004 (the “Effective Date”) by and between Asthmatx, Inc., a California corporation (“Asthmatx”), and Broncus Technologies, Inc., a California corporation (“Broncus”).
SUPPLY AGREEMENTSupply Agreement • November 20th, 2007 • Broncus Technologies Inc/Ca • Delaware
This SUPPLY AGREEMENT (the “Agreement”) is entered into effective as of May 1, 2007, by and between BRONCUS Technologies Inc. (“BRONCUS”), a Corporation with its principal executive offices at 1400 North Shoreline Blvd., Suite A8, Mountain View, California and Escalon Vascular Access Inc., (“ESCALON”), with its principal executive offices at 2440 S. 179th St., New Berlin, WI, 53146.
SUPPLY AGREEMENTSupply Agreement • December 21st, 2007 • Broncus Technologies Inc/Ca • Surgical & medical instruments & apparatus • California
This Agreement is made as of January 1, 2008, by and between NuSil Technology LLC, a Delaware Corporation, located at 1050 Cindy Lane; Carpinteria, California, U.S.A. 93013 (hereinafter called “Seller”) and Broncus Technologies, Inc., located at 1400 N. Shoreline Blvd., Bldg. A8, Mountain View, CA 64043 (hereinafter called “Buyer”).
Consulting and Manufacturing Agreement, Amendment 4Consulting and Manufacturing Agreement • February 12th, 2008 • Broncus Technologies Inc/Ca • Surgical & medical instruments & apparatus
CONSULTING AND MANUFACTURING AGREEMENTConsulting and Manufacturing Agreement • December 21st, 2007 • Broncus Technologies Inc/Ca • Surgical & medical instruments & apparatus • California
This Consulting and Manufacturing Agreement (the “Agreement”) is made and entered into by and between Broncus Technologies, Inc., a California corporation (“Company”) and Stellartech Research Corporation (“Consultant”) effective December 8, 1997 (the “Effective Date”). Whereas the Company and Consultant desire to create an “independent contractor” relationship in connection with certain consulting and manufacturing services to be provided by Consultant to the Company, as described below, the parties agree to the following terms of this engagement.
DATE]Severance Agreement • November 20th, 2007 • Broncus Technologies Inc/Ca
This letter sets forth our agreement with respect to the severance you will be entitled to receive under specified circumstances set forth below following any acquisition of Broncus Technologies, Inc. (the “Company”) that takes place after the closing of the company’s initial public offering registered with the SEC (“IPO”). This letter agreement will not be in effect until after the Company’s IPO, if any.
