Common use of DELIVERY AND ACCEPTANCE CERTIFICATE Clause in Contracts

DELIVERY AND ACCEPTANCE CERTIFICATE. Re: Master Lease Agreement dated as of September , 2018 between Zosano Pharma Corporation (“Lessee”) and Trinity Capital Fund III, L.P. (“Lessor”) and Equipment Schedule No. dated as of September , 2018 (the “Lease Documents”). To Lessor: All of the items referred to in the Lease Documents have been delivered to and have been received by Lessee. All installation or other work necessary prior to the use thereof has been completed. The equipment leased under the Lease Documents (the “Equipment”) has been examined and/or tested and is in good operating order and condition, and is in all respects satisfactory to Lessee and is as represented. The Equipment has been accepted by Lessee and complies with all terms of the Lease Documents. In the future, even if the Equipment fails to perform as expected or represented, Lessee will continue to comply with the Lease Documents by continuing to make our periodic payments in the normal course of business, and Lessee will look solely to the seller or manufacturer for the performance of all covenants and warranties. In addition, Lessee shall indemnify and hold harmless and defend Lessor from such nonperformance of the Equipment. Lessee has obtained all insurance policies required by the Lease Documents. Those policies are in full force and effect. Lessee acknowledges that Lessor is not the manufacturer, distributor, or seller of the Equipment and has no control, knowledge, or familiarity with the conditioning, capacity, functioning, or other characteristics of the Equipment. Lessee confirms that no Event of Default is continuing under the Lease Documents. LESSEE: ZOSANO PHARMA CORPORATION By: Title: Date: Accepted: TRINITY CAPITAL FUND III, L. P., a Delaware limited partnership By: TRINITY SBIC PARTNERS III, LLC, a Delaware limited liability company, its general partner By: TRINITY SBIC MANAGEMENT, LLC, a Delaware limited liability company, its Manager By: Name: Xxxxxx X. Xxxxx

DELIVERY AND ACCEPTANCE CERTIFICATE. ReTO: Master Lease Agreement dated as of September LESSOR RE: MASTER EQUIPMENT LEASE DATED: May 26, 2018 between Zosano Pharma Corporation (“Lessee”) and Trinity Capital Fund III, L.P. (“Lessor”) and 1994 Equipment Schedule No. dated as of September , 2018 (# 1 ------------------------------------------------------------------------------ The undersigned represents and warrants that the “Lease Documents”). To Lessor: All equipment described in Equipment Schedule # 1 which has been made a part of the items referred to in the Master Equipment Lease Documents have between Lessor and Lessee, dated May 26, 1994, has been delivered to and have been received accepted by Lessee. All Lessee and any installation or other work to be performed by Lessor, if any, necessary prior to our use of the use thereof equipment has been completedcompleted in a satisfactory manner. The equipment leased under undersigned affirms that except as provided in the Lease Documents (Asset Purchase Agreement, LESSOR HAS MADE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO, THE CONDITION OR QUALITY OF THE EQUIPMENT, ITS YEAR OF MANUFACTURE, ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. Without prejudice to any rights we may have against the “Equipment”) manufacturer or supplier, we accept the original Equipment AS IS, WHERE IS, with respect to our agreement with Lessor. We acknowledge that Lessor has been examined and/or tested selected the manufacturer and is in good operating order and condition, and is in all respects satisfactory to Lessee and is as represented. The Equipment has been accepted by Lessee and complies with all terms supplier of the Lease Documents. In the future, even if the Original Equipment fails to perform as expected or represented, Lessee will continue to comply with the Lease Documents by continuing to make our periodic payments in the normal course of business, and Lessee will look solely to the seller or manufacturer but has no responsibility for the performance of the Original Equipment. We agree that all covenants claims, defenses, and warrantiessetoffs shall be settled directly with the supplier or manufacturer without affecting our obligations to Lessor. In additionThe undersigned certifies the equipment is now located at Brookhaven, Lessee shall indemnify and hold harmless and defend Lessor from such nonperformance Mississippi. DO NOT SIGN THIS CERTIFICATE UNTIL THE EQUIPMENT HAS ACTUALLY BEEN RECEIVED AND ACCEPTED. LESSOR MAY RELY ON THIS CERTIFICATE IN ADVANCING FUNDS. Date: May 26, 1994 WASTE-QUIP MANUFACTURING COMPANY By: /s/ Charxxx X. Xxxxxx -------------------------------- Title: Chairman ----------------------------- PROPERTY SCHEDULE # 1 (including payment terms) This Property Schedule is part of the Equipment. Lessee has obtained all insurance policies required by the Master Equipment Lease Documents. Those policies are in full force dated May 26, 1994, between MAY FABRICATING CO., INC., as Lessor, and effect. Lessee acknowledges that Lessor is not the manufacturerWASTE-QUIP MANUFACTURING COMPANY, distributor, or seller of the Equipment and has no control, knowledge, or familiarity with the conditioning, capacity, functioning, or other characteristics of the Equipment. Lessee confirms that no Event of Default is continuing under the Lease Documents. LESSEE: ZOSANO PHARMA CORPORATION By: Title: Date: Accepted: TRINITY CAPITAL FUND III, L. P., a Delaware limited partnership By: TRINITY SBIC PARTNERS III, LLC, a Delaware limited liability company, its general partner By: TRINITY SBIC MANAGEMENT, LLC, a Delaware limited liability company, its Manager By: Name: Xxxxxx X. Xxxxxas Lessee.

DELIVERY AND ACCEPTANCE CERTIFICATE. ReTO: Master Lease Agreement dated as of September LESSOR RE: MASTER EQUIPMENT LEASE DATED: May 26, 2018 between Zosano Pharma Corporation (“Lessee”) and Trinity Capital Fund III, L.P. (“Lessor”) and 1994 Equipment Schedule No. dated as of September , 2018 (# 1 ------------------------------------------------------------------------------- The undersigned represents and warrants that the “Lease Documents”). To Lessor: All equipment described in Equipment Schedule # 1 which has been made a part of the items referred to in the Master Equipment Lease Documents have between Lessor and Lessee, dated May 26, 1994, has been delivered to and have been received accepted by Lessee. All Lessee and any installation or other work to be performed by Lessor, if any, necessary prior to our use of the use thereof equipment has been completedcompleted in a satisfactory manner. The equipment leased under undersigned affirms that except as provided in the Lease Documents (Asset Purchase Agreement, LESSOR HAS MADE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO, THE CONDITION OR QUALITY OF THE EQUIPMENT, ITS YEAR OF MANUFACTURE, ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. Without prejudice to any rights we may have against the “Equipment”) manufacturer or supplier, we accept the original Equipment AS IS, WHERE IS, with respect to our agreement with Lessor. We acknowledge that Lessor has been examined and/or tested selected the manufacturer and is in good operating order and condition, and is in all respects satisfactory to Lessee and is as represented. The Equipment has been accepted by Lessee and complies with all terms supplier of the Lease Documents. In the future, even if the Original Equipment fails to perform as expected or represented, Lessee will continue to comply with the Lease Documents by continuing to make our periodic payments in the normal course of business, and Lessee will look solely to the seller or manufacturer but has no responsibility for the performance of the Original Equipment. We agree that all covenants claims, defenses, and warrantiessetoffs shall be settled directly with the supplier or manufacturer without affecting our obligations to Lessor. In additionThe undersigned certifies the equipment is now located at Brookhaven, Lessee shall indemnify and hold harmless and defend Lessor from such nonperformance Mississippi. DO NOT SIGN THIS CERTIFICATE UNTIL THE EQUIPMENT HAS ACTUALLY BEEN RECEIVED AND ACCEPTED. LESSOR MAY RELY ON THIS CERTIFICATE IN ADVANCING FUNDS. Date: May 26, 1994 WASTE-QUIP MANUFACTURING COMPANY By: /s/ Charxxx X. Xxxxxx ------------------------------- Title: Chairman ---------------------------- PROPERTY SCHEDULE # 1 (including payment terms) This Property Schedule is part of the Equipment. Lessee has obtained all insurance policies required by the Master Equipment Lease Documents. Those policies are in full force dated May 26, 1994, between MAY PROPERTIES, INC., as Lessor, and effect. Lessee acknowledges that Lessor is not the manufacturerWASTE-QUIP MANUFACTURING COMPANY, distributor, or seller of the Equipment and has no control, knowledge, or familiarity with the conditioning, capacity, functioning, or other characteristics of the Equipment. Lessee confirms that no Event of Default is continuing under the Lease Documents. LESSEE: ZOSANO PHARMA CORPORATION By: Title: Date: Accepted: TRINITY CAPITAL FUND III, L. P., a Delaware limited partnership By: TRINITY SBIC PARTNERS III, LLC, a Delaware limited liability company, its general partner By: TRINITY SBIC MANAGEMENT, LLC, a Delaware limited liability company, its Manager By: Name: Xxxxxx X. Xxxxxas Lessee.

DELIVERY AND ACCEPTANCE CERTIFICATE. ReTO: Master Lease Agreement dated as of September LESSOR RE: MASTER EQUIPMENT LEASE DATED: May 26, 2018 between Zosano Pharma Corporation (“Lessee”) and Trinity Capital Fund III, L.P. (“Lessor”) and 1994 Equipment Schedule No. dated as of September , 2018 (# 1 ------------------------------------------------------------------------------ The undersigned represents and warrants that the “Lease Documents”). To Lessor: All equipment described in Equipment Schedule # 1 which has been made a part of the items referred to in the Master Equipment Lease Documents have between Lessor and Lessee, dated May 26, 1994, has been delivered to and have been received accepted by Lessee. All Lessee and any installation or other work to be performed by Lessor, if any, necessary prior to our use of the use thereof equipment has been completedcompleted in a satisfactory manner. The equipment leased under undersigned affirms that except as provided in the Lease Documents (Asset Purchase Agreement, LESSOR HAS MADE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO, THE CONDITION OR QUALITY OF THE EQUIPMENT, ITS YEAR OF MANUFACTURE, ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. Without prejudice to any rights we may have against the “Equipment”) manufacturer or supplier, we accept the original Equipment AS IS, WHERE IS, with respect to our agreement with Lessor. We acknowledge that Lessor has been examined and/or tested selected the manufacturer and is in good operating order and condition, and is in all respects satisfactory to Lessee and is as represented. The Equipment has been accepted by Lessee and complies with all terms supplier of the Lease Documents. In the future, even if the Original Equipment fails to perform as expected or represented, Lessee will continue to comply with the Lease Documents by continuing to make our periodic payments in the normal course of business, and Lessee will look solely to the seller or manufacturer but has no responsibility for the performance of the Original Equipment. We agree that all covenants claims, defenses, and warrantiessetoffs shall be settled directly with the supplier or manufacturer without affecting our obligations to Lessor. In additionThe undersigned certifies the equipment is now located at Beeville, Lessee shall indemnify and hold harmless and defend Lessor from such nonperformance Texas. DO NOT SIGN THIS CERTIFICATE UNTIL THE EQUIPMENT HAS ACTUALLY BEEN RECEIVED AND ACCEPTED. LESSOR MAY RELY ON THIS CERTIFICATE IN ADVANCING FUNDS. Date: May 26, 1994 WASTE-QUIP MANUFACTURING COMPANY By: /s/ Charxxx X. Xxxxxx ---------------------------------- Title: Chairman ------------------------------- PROPERTY SCHEDULE # 1 (including payment terms) This Property Schedule is part of the Equipment. Lessee has obtained all insurance policies required by the Master Equipment Lease Documents. Those policies are in full force dated May 26, 1994, between MAY PROPERTIES, INC., as Lessor, and effect. Lessee acknowledges that Lessor is not the manufacturerWASTE-QUIP MANUFACTURING COMPANY, distributor, or seller of the Equipment and has no control, knowledge, or familiarity with the conditioning, capacity, functioning, or other characteristics of the Equipment. Lessee confirms that no Event of Default is continuing under the Lease Documents. LESSEE: ZOSANO PHARMA CORPORATION By: Title: Date: Accepted: TRINITY CAPITAL FUND III, L. P., a Delaware limited partnership By: TRINITY SBIC PARTNERS III, LLC, a Delaware limited liability company, its general partner By: TRINITY SBIC MANAGEMENT, LLC, a Delaware limited liability company, its Manager By: Name: Xxxxxx X. Xxxxxas Lessee.

DELIVERY AND ACCEPTANCE CERTIFICATE. ReTO: Master Lease Agreement dated as of September LESSOR RE: MASTER EQUIPMENT LEASE DATED: May 26, 2018 between Zosano Pharma Corporation (“Lessee”) and Trinity Capital Fund III, L.P. (“Lessor”) and 1994 Equipment Schedule No. dated as of September , 2018 (# 1 ------------------------------------------------------------------------------- The undersigned represents and warrants that the “Lease Documents”). To Lessor: All equipment described in Equipment Schedule # 1 which has been made a part of the items referred to in the Master Equipment Lease Documents have between Lessor and Lessee, dated May 26, 1994, has been delivered to and have been received accepted by Lessee. All Lessee and any installation or other work to be performed by Lessor, if any, necessary prior to our use of the use thereof equipment has been completedcompleted in a satisfactory manner. The equipment leased under undersigned affirms that except as provided in the Lease Documents (Asset Purchase Agreement, LESSOR HAS MADE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO, THE CONDITION OR QUALITY OF THE EQUIPMENT, ITS YEAR OF MANUFACTURE, ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. Without prejudice to any rights we may have against the “Equipment”) manufacturer or supplier, we accept the original Equipment AS IS, WHERE IS, with respect to our agreement with Lessor. We acknowledge that Lessor has been examined and/or tested selected the manufacturer and is in good operating order and condition, and is in all respects satisfactory to Lessee and is as represented. The Equipment has been accepted by Lessee and complies with all terms supplier of the Lease Documents. In the future, even if the Original Equipment fails to perform as expected or represented, Lessee will continue to comply with the Lease Documents by continuing to make our periodic payments in the normal course of business, and Lessee will look solely to the seller or manufacturer but has no responsibility for the performance of the Original Equipment. We agree that all covenants claims, defenses, and warrantiessetoffs shall be settled directly with the supplier or manufacturer without affecting our obligations to Lessor. In additionThe undersigned certifies the equipment is now located at Beeville, Lessee shall indemnify and hold harmless and defend Lessor from such nonperformance Texas. DO NOT SIGN THIS CERTIFICATE UNTIL THE EQUIPMENT HAS ACTUALLY BEEN RECEIVED AND ACCEPTED. LESSOR MAY RELY ON THIS CERTIFICATE IN ADVANCING FUNDS. Date: May 26, 1994 WASTE-QUIP MANUFACTURING COMPANY By: /s/ Charxxx X. Xxxxxx -------------------------------- Title: Chairman ----------------------------- PROPERTY SCHEDULE # 1 (including payment terms) This Property Schedule is part of the Equipment. Lessee has obtained all insurance policies required by the Master Equipment Lease Documents. Those policies are in full force dated May 26, 1994, between MAY FABRICATING CO., INC., as Lessor, and effect. Lessee acknowledges that Lessor is not the manufacturerWASTE-QUIP MANUFACTURING COMPANY, distributor, or seller of the Equipment and has no control, knowledge, or familiarity with the conditioning, capacity, functioning, or other characteristics of the Equipment. Lessee confirms that no Event of Default is continuing under the Lease Documents. LESSEE: ZOSANO PHARMA CORPORATION By: Title: Date: Accepted: TRINITY CAPITAL FUND III, L. P., a Delaware limited partnership By: TRINITY SBIC PARTNERS III, LLC, a Delaware limited liability company, its general partner By: TRINITY SBIC MANAGEMENT, LLC, a Delaware limited liability company, its Manager By: Name: Xxxxxx X. Xxxxxas Lessee.

DELIVERY AND ACCEPTANCE CERTIFICATE. ReTO: Master Lease Agreement dated as of September LESSOR RE: MASTER EQUIPMENT LEASE DATED: May 26, 2018 between Zosano Pharma Corporation (“Lessee”) and Trinity Capital Fund III, L.P. (“Lessor”) and 1994 Equipment Schedule No. dated as of September , 2018 (# 1 ---------------------------------------------------------------------------- The undersigned represents and warrants that the “Lease Documents”). To Lessor: All equipment described in Equipment Schedule # 1 which has been made a part of the items referred to in the Master Equipment Lease Documents have between Lessor and Lessee, dated May 26, 1994, has been delivered to and have been received accepted by Lessee. All Lessee and any installation or other work to be performed by Lessor, if any, necessary prior to our use of the use thereof equipment has been completedcompleted in a satisfactory manner. The equipment leased under undersigned affirms that except as provided in the Lease Documents (Asset Purchase Agreement, LESSOR HAS MADE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO, THE CONDITION OR QUALITY OF THE EQUIPMENT, ITS YEAR OF MANUFACTURE, ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. Without prejudice to any rights we may have against the “Equipment”) manufacturer or supplier, we accept the original Equipment AS IS, WHERE IS, with respect to our agreement with Lessor. We acknowledge that Lessor has been examined and/or tested selected the manufacturer and is in good operating order and condition, and is in all respects satisfactory to Lessee and is as represented. The Equipment has been accepted by Lessee and complies with all terms supplier of the Lease Documents. In the future, even if the Original Equipment fails to perform as expected or represented, Lessee will continue to comply with the Lease Documents by continuing to make our periodic payments in the normal course of business, and Lessee will look solely to the seller or manufacturer but has no responsibility for the performance of the Original Equipment. We agree that all covenants claims, defenses, and warrantiessetoffs shall be settled directly with the supplier or manufacturer without affecting our obligations to Lessor. In additionThe undersigned certifies the equipment is now located at Durant, Lessee shall indemnify and hold harmless and defend Lessor from such nonperformance Oklahoma. DO NOT SIGN THIS CERTIFICATE UNTIL THE EQUIPMENT HAS ACTUALLY BEEN RECEIVED AND ACCEPTED. LESSOR MAY RELY ON THIS CERTIFICATE IN ADVANCING FUNDS. Date: May 26, 1994 WASTE-QUIP MANUFACTURING COMPANY By: /s/ Charxxx X. Xxxxxx ------------------------------- Title: Chairman ---------------------------- PROPERTY SCHEDULE # 1 (including payment terms) This Property Schedule is part of the Equipment. Lessee has obtained all insurance policies required by the Master Equipment Lease Documents. Those policies are in full force dated May 26, 1994, between MAY PROPERTIES, INC., as Lessor, and effect. Lessee acknowledges that Lessor is not the manufacturerWASTE-QUIP MANUFACTURING COMPANY, distributor, or seller of the Equipment and has no control, knowledge, or familiarity with the conditioning, capacity, functioning, or other characteristics of the Equipment. Lessee confirms that no Event of Default is continuing under the Lease Documents. LESSEE: ZOSANO PHARMA CORPORATION By: Title: Date: Accepted: TRINITY CAPITAL FUND III, L. P., a Delaware limited partnership By: TRINITY SBIC PARTNERS III, LLC, a Delaware limited liability company, its general partner By: TRINITY SBIC MANAGEMENT, LLC, a Delaware limited liability company, its Manager By: Name: Xxxxxx X. Xxxxxas Lessee.

DELIVERY AND ACCEPTANCE CERTIFICATE. ReRE: Master Lease Agreement dated as No.: 0000-0000 To: Xxxxxxxxx Xxxx Financial, LLC or its assigns This will certify that all of September , 2018 between Zosano Pharma Corporation the equipment listed on Equipment Lease Schedule A (“LesseeSchedule A”) and Trinity Capital Fund III, L.P. (“Lessor”) and Equipment Schedule No. dated as of September , 2018 (the “Lease Documents”). To Lessor: All of the items referred to in the Lease Documents have attached hereto has been delivered to and have installed at the installation address(es) set forth on said Schedule A, and is hereby accepted as of the date of this Certificate under the terms of Master Lease Agreement No. 0000-0000 between Lessor and SAMPLE DOCS. as Lessee (the “Lease”). Each item of equipment listed on said Schedule A has been received inspected by a representative of Lessee and is found satisfactory and acceptable in all respects for acceptance under said Lease. Lessee hereby authorizes and directs Lessor to: (a) attached said Schedule A to (i) the referenced Lease Schedule, (ii) each UCC financing statement executed in connection with said Lease Schedule and (iii) all other related documents referencing the equipment; (b) insert all serial numbers and other identifying information and to make all corrections, additions or deletions in such documents as necessary to reflect such final listing of the equipment and the differences from any preliminary listing of the equipment originally attached to or included in the Lease Schedule; and (c) make payments to each vendor of the equipment pursuant to such vendor’s invoice or any purchase order, purchase agreement or supply contract with such vendor, receipt and approval of which are hereby reaffirmed by Lessee. All installation Lessee hereby also reaffirms all of its representations, warranties and covenants as set forth in the Lease as of the date hereof and certifies that no event or other work necessary prior to the use thereof condition has been completed. The equipment leased occurred and is continuing which constitutes an Event of Default under the Lease Documents (the “Equipment”) has been examined and/or tested and is in good operating order and condition, and is in all respects satisfactory to Lessee and is as represented. The Equipment has been accepted by Lessee and complies with all terms of the Lease Documents. In the future, even if the Equipment fails to perform as expected or represented, Lessee will continue to comply with the Lease Documents by continuing to make our periodic payments in the normal course of business, and Lessee will look solely to the seller or manufacturer for the performance of all covenants and warranties. In addition, Lessee shall indemnify and hold harmless and defend Lessor from would constitute such nonperformance of the Equipment. Lessee has obtained all insurance policies required by the Lease Documents. Those policies are in full force and effect. Lessee acknowledges that Lessor is not the manufacturer, distributor, or seller of the Equipment and has no control, knowledge, or familiarity with the conditioning, capacity, functioning, or other characteristics of the Equipment. Lessee confirms that no an Event of Default is continuing under with the Lease Documentspassage of time or the giving of notice or both. LESSEEAcceptance Date: ZOSANO PHARMA CORPORATION ByLessee: SAMPLE DOCS. By Signature: Typed Name: Xxxx Xxx Title: Date: Accepted: TRINITY CAPITAL FUND IIIPresident CERTIFICATE CONCERNING AUTHORITY AND INCUMBENCY SAMPLE DOCS. I hereby certify that I am the duly elected and serving Secretary or Assistance Secretary of the Corporation named above, L. P., a Delaware limited partnership By: TRINITY SBIC PARTNERS III, LLC, a Delaware limited liability company, its general partner By: TRINITY SBIC MANAGEMENT, LLC, a Delaware limited liability company, its Manager By: Name: Xxxxxx X. Xxxxxam duly authorized to make and deliver this Certificate and that as of the date hereof:

DELIVERY AND ACCEPTANCE CERTIFICATE. ReTO: Master Lease Agreement dated as of September LESSOR RE: MASTER EQUIPMENT LEASE DATED: May 26, 2018 between Zosano Pharma Corporation (“Lessee”) and Trinity Capital Fund III, L.P. (“Lessor”) and 1994 Equipment Schedule No. dated as of September , 2018 (# 1 ------------------------------------------------------------------------------ The undersigned represents and warrants that the “Lease Documents”). To Lessor: All equipment described in Equipment Schedule # 1 which has been made a part of the items referred to in the Master Equipment Lease Documents have between Lessor and Lessee, dated May 26, 1994, has been delivered to and have been received accepted by Lessee. All Lessee and any installation or other work to be performed by Lessor, if any, necessary prior to our use of the use thereof equipment has been completedcompleted in a satisfactory manner. The equipment leased under undersigned affirms that except as provided in the Lease Documents (Asset Purchase Agreement, LESSOR HAS MADE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO, THE CONDITION OR QUALITY OF THE EQUIPMENT, ITS YEAR OF MANUFACTURE, ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. Without prejudice to any rights we may have against the “Equipment”) manufacturer or supplier, we accept the original Equipment AS IS, WHERE IS, with respect to our agreement with Lessor. We acknowledge that Lessor has been examined and/or tested selected the manufacturer and is in good operating order and condition, and is in all respects satisfactory to Lessee and is as represented. The Equipment has been accepted by Lessee and complies with all terms supplier of the Lease Documents. In the future, even if the Original Equipment fails to perform as expected or represented, Lessee will continue to comply with the Lease Documents by continuing to make our periodic payments in the normal course of business, and Lessee will look solely to the seller or manufacturer but has no responsibility for the performance of the Original Equipment. We agree that all covenants claims, defenses, and warrantiessetoffs shall be settled directly with the supplier or manufacturer without affecting our obligations to Lessor. In additionThe undersigned certifies the equipment is now located at Durant, Lessee shall indemnify and hold harmless and defend Lessor from such nonperformance Oklahoma. DO NOT SIGN THIS CERTIFICATE UNTIL THE EQUIPMENT HAS ACTUALLY BEEN RECEIVED AND ACCEPTED. LESSOR MAY RELY ON THIS CERTIFICATE IN ADVANCING FUNDS. Date: May 26, 1994 WASTE-QUIP MANUFACTURING COMPANY By: /s/ Charxxx X. Xxxxxx ------------------------------ Title: Chairman ------------------------------ PROPERTY SCHEDULE # 1 (including payment terms) This Property Schedule is part of the Equipment. Lessee has obtained all insurance policies required by the Master Equipment Lease Documents. Those policies are in full force dated May 26, 1994, between MAY FABRICATING CO., INC., as Lessor, and effect. Lessee acknowledges that Lessor is not the manufacturerWASTE-QUIP MANUFACTURING COMPANY, distributor, or seller of the Equipment and has no control, knowledge, or familiarity with the conditioning, capacity, functioning, or other characteristics of the Equipment. Lessee confirms that no Event of Default is continuing under the Lease Documents. LESSEE: ZOSANO PHARMA CORPORATION By: Title: Date: Accepted: TRINITY CAPITAL FUND III, L. P., a Delaware limited partnership By: TRINITY SBIC PARTNERS III, LLC, a Delaware limited liability company, its general partner By: TRINITY SBIC MANAGEMENT, LLC, a Delaware limited liability company, its Manager By: Name: Xxxxxx X. Xxxxxas Lessee.