Common use of Approved First Article Clause in Contracts

Approved First Article. After (a) all of the foregoing tests are completed in accordance with the above for each First Article, (b) the final First Article is confirmed to comply with the then-current applicable Specifications and BOM for the proposed Product, is in Compliance in all other respects, and is otherwise suitable for Eargo’s business purposes, and (c) Eargo has received the results of such testing from Supplier and Eargo has evaluated, validated and considered the findings from all such testing, then Eargo will issue its formal approval or rejection of the applicable final First Article. Eargo’s silence will not be deemed approval of a First Article. In addition, any approval or apparent approval issued by Eargo casually or after one test is completed will not be construed as approval of a First Article for purposes of this Section 4.4 if all other testing was not complete. Additionally, Eargo’s acknowledgment that a test of a First Article has been completed will not be construed as an approval. If and only if Eargo notifies Supplier, in writing, of Eargo’s acceptance of the final First Article and satisfaction with the test results, after all of the foregoing tests have been successfully completed, will the final First Article be deemed the Eargo-approved First Article of the applicable Product (the “Approved First Article”).