Medical Supply Purchase Agreement

(c) dismissal for inexperienced reasons. Either party may terminate this Agreement at any time during its notice period (45) days prior to written notice to the other party if the other party materially violates any term of this Agreement (with the exception of a default of payment referred to in Section 9(b) and cannot resolve such breach within the forty-five (45) day healing period. As used in this Agreement, material breach means a material misrepresentation or omission in a party`s insurance or warranty, or whether or not a party`s agreement, understanding or obligation is breached that, in such a case, deprives the non-injuring party of a substantial right or benefit. Seller grants Buyer a limited, non-transferable, non-sublicensable license to use the software embedded in the Device (the «Software») and any related documentation that Seller makes available to Buyer below, exclusively for internal use in connection with the Device purchased below. The buyer may not make copies of the software. The sole remedy for a breach of this Section is set out in Section 9. Under no circumstances are a seller`s fees charged more than once when determining the seller`s service fee. This Agreement, together with each specification and the order of amendment published below (each of which is incorporated by reference), sets forth the entire agreement and understanding of the parties with respect to the proposed transactions, thereby replacing all prior contracts, arrangements and agreements of the Parties with respect to the subject matter of this Agreement and this Agreement. In the event of an objection between this contract and a specification or a modification order issued in respect of a system under this contract, the conditions of the specifications, as amended by an applicable modification order, shall apply.

In the event of an opposition between a specification and an associated modification order, the conditions of the modification order shall apply. (i) For the period beginning from the effective date and 31 Buyer and its affiliates must acquire from Seller all requirements applicable to new systems (with the exception of electron or X-ray accelerators with a power of 150 kilowatts or more) and Seller must provide all requirements of Buyer or its associated companies for such systems. unless seller is (A) agrees in writing to a specific purchase of systems by B. .