0001193125-18-317778 Sample Contracts

FORM OF INCENTIVE STOCK OPTION AGREEMENT
Incentive Stock Option Agreement • November 5th, 2018 • Vapotherm Inc • Surgical & medical instruments & apparatus

This agreement (this “Agreement”) evidences a stock option granted by the Company to the individual named above (the “Participant”), pursuant to and subject to the terms of the Vapotherm, Inc. 2018 Equity Incentive Plan (as from time to time amended and in effect, the “Plan”). Except as otherwise defined herein, all capitalized terms used herein have the same meaning as in the Plan.

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CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT
Confidentiality and Non-Disclosure Agreement • November 5th, 2018 • Vapotherm Inc • Surgical & medical instruments & apparatus • Delaware
FORM OF NON-STATUTORY STOCK OPTION AGREEMENT FOR EMPLOYEES
Non-Statutory Stock Option Agreement • November 5th, 2018 • Vapotherm Inc • Surgical & medical instruments & apparatus

This agreement (this “Agreement”) evidences a stock option granted by the Company to the individual named above (the “Participant”), pursuant to and subject to the terms of the Vapotherm, Inc. 2018 Equity Incentive Plan (as from time to time amended and in effect, the “Plan”). Except as otherwise defined herein, all capitalized terms used herein have the same meaning as in the Plan.

FORM OF NON-STATUTORY STOCK OPTION AGREEMENT FOR NON-EMPLOYEE DIRECTORS
Non-Statutory Stock Option Agreement • November 5th, 2018 • Vapotherm Inc • Surgical & medical instruments & apparatus

This agreement (this “Agreement”) evidences a stock option granted by the Company to the individual named above (the “Participant”), pursuant to and subject to the terms of the Vapotherm, Inc. 2018 Equity Incentive Plan (as from time to time amended and in effect, the “Plan”). Except as otherwise defined herein, all capitalized terms used herein have the same meaning as in the Plan.

CONFIDENTIALITY, NON-COMPETE AND ASSIGNMENT OF INVENTIONS AGREEMENT
Assignment of Inventions Agreement • November 5th, 2018 • Vapotherm Inc • Surgical & medical instruments & apparatus • Maryland

This CONFIDENTIALITY, NON-COMPETE AND ASSIGNMENT OF INVENTIONS AGREEMENT (“Agreement’’) is dated as of the ____ day of __________, 20__, by and between __________ (the “Employee”) and Vapotherm, Inc., a Maryland corporation.

MANUFACTURING AND SUPPLY AGREEMENT DATED AS OF January 1, 2013 BETWEEN VAPOTHERM, INC. AND MEDICA, S.p.A.
Manufacturing and Supply Agreement • November 5th, 2018 • Vapotherm Inc • Surgical & medical instruments & apparatus • New York

This Manufacturing and Supply Agreement (this “Agreement”) is dated January 1st, 2013, between VAPOTHERM, INC., a Maryland corporation (“Vapotherm”) and MEDICA S.p.A., an Italian company (“Medica”).

FIRST AMENDMENT TO THE MANUFACTURING AND SUPPLY AGREEMENT
Manufacturing and Supply Agreement • November 5th, 2018 • Vapotherm Inc • Surgical & medical instruments & apparatus

THIS FIRST AMENDMENT TO THE MANUFACTURING AND SUPPLY AGREEMENT (this “First Amendment”) is entered into as of 1 September 2018 (the “Effective Date”) by Vapotherm, Inc. (“Vapotherm”) and Medica S.p.A., (“Medica”). Vapotherm and Medica may be referred to herein individually as “Party” and collectively as “Parties”.

PROPRIETARY RIGHTS AGREEMENT
Proprietary Rights Agreement • November 5th, 2018 • Vapotherm Inc • Surgical & medical instruments & apparatus • Maryland

This PROPRIETARY RIGHTS AGREEMENT (this “Agreement”), is made and entered into as of July 30, 2012 (the “Effective Date”), by and between Vapotherm, Inc., a Maryland corporation with principal offices at 198 Log Canoe Circle, Stevensville, MD 21666 (the “Company”) and Joseph Army (the “Employee”).

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