0000950134-06-015099 Sample Contracts

INDEPENDENT CONSULTANT AGREEMENT
Independent Consultant Agreement • August 8th, 2006 • Asthmatx Inc • Surgical & medical instruments & apparatus • California

This Independent Consultant Agreement (the “Agreement”) is made and entered into on July 20, 2006 by and between Asthmatx, 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.

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CORPORATE FORMATION AGREEMENT
Corporate Formation Agreement • August 8th, 2006 • Asthmatx Inc • Surgical & medical instruments & apparatus • 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 AGREEMENT
Indemnification Agreement • August 8th, 2006 • Asthmatx Inc • 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”).

CROSS LICENSE AGREEMENT
Cross License Agreement • August 8th, 2006 • Asthmatx Inc • 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”).

CONSULTING AND MANUFACTURING AGREEMENT
Consulting and Manufacturing Agreement • August 8th, 2006 • Asthmatx Inc • 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.

AGREEMENT NOT TO SUE
Agreement Not to Sue • August 8th, 2006 • Asthmatx Inc • 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”.

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