0000912057-02-040325 Sample Contracts

WARRANT TO PURCHASE SHARES OF COMMON STOCK OF HEALTHETECH, INC. Dated as of July 12, 2002 Void after December 31, 2003
Warrant Agreement • October 30th, 2002 • Healthetech Inc • Surgical & medical instruments & apparatus • Delaware

THIS CERTIFIES THAT, for value received, HealthSouth Corporation, a Delaware corporation (the "Holder"), is entitled, subject to the terms and conditions set forth below, to purchase from HealtheTech, Inc., a Delaware corporation (the "Company"), shares of the Company's Common Stock, $0.001 par value per share (the "Shares"), in the amounts, at such times and at the price per share set forth in Section 1 below, subject to the provisions and upon the terms and conditions set forth herein. The term "Warrant" as used herein shall include this Warrant and any warrants delivered in substitution or exchange therefore as provided herein. This Warrant is issued in consideration for certain advertising, media exposure, printing, video production and other services rendered by the Holder as a strategic partner to the Company in connection with a joint venture and partnering transaction.

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HEALTHETECH, INC. JAMES MAULT EMPLOYMENT AGREEMENT
Employment Agreement • October 30th, 2002 • Healthetech Inc • Surgical & medical instruments & apparatus • Colorado

This Agreement is entered into as of September 13, 2002, (the "Effective Date") by and between HealtheTech, Inc. (the "Company"), and James R. Mault, M.D. ("Executive").

VENDOR AGREEMENT WAL-MART STORES, INC. Corporate office Bentonville, AR 72716 (501) 273-4000
Vendor Agreement • October 30th, 2002 • Healthetech Inc • Surgical & medical instruments & apparatus

THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT AND THE PARTIES HERETO AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS HEREIN; HOWEVER, THIS VENDOR AGREEMENT AND OTHER TERMS, CONDITIONS AND STANDARDS INCORPORATED HEREIN DO NOT CREATE AN OBLIGATION FOR PURCHASER TO PURCHASER MERCHANDISE OR OTHER GOODS.

MEAD JOHNSON & COMPANY—HEALTHETECH STRATEGIC PARTNERSHIP AGREEMENT
Strategic Partnership Agreement • October 30th, 2002 • Healthetech Inc • Surgical & medical instruments & apparatus • Colorado

This Strategic Partnership Agreement ("Agreement") is made and entered into as of this 8th day of August, 2002 ("Effective Date") by and between HEALTHETECH, INC. ("HET"), a Delaware corporation having its principal place of business at 523 Park Point Drive, Golden, Colorado 80401 USA, and MEAD JOHNSON & COMPANY ("MJC"), a wholly-owned subsidiary of Bristol-Myers Squibb Company, a Delaware corporation having its principal place of business at 345 Park Avenue, New York, New York, 10154, and MJC having its principal place of business located at 2400 W. Lloyd Expressway, Evansville, Indiana 47721.

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