Common use of First Article Clause in Contracts

First Article. Supplier will build, assemble, test and deliver to Eargo a single Unit of the Product (“First Article”) in accordance with the then-current applicable Specifications, SOW, BOM, and, if applicable, the Prototype for that particular Product, it being understood by Supplier that the First Article may not be adequate; accordingly, Supplier will create as many First Articles, at Supplier’s sole cost and expense, as are necessary to satisfy the procedure described in this Section 4 (each a “First Article”). Supplier is responsible for correcting, at its sole cost and expense, any deficiencies in any First Article discoverable by Supplier prior to delivery of the same to Eargo. Supplier will deliver each First Article to Eargo for its inspection and testing. Supplier understands and agrees, however, that Eargo is not solely responsible for testing the First Article but may elect to do so as to certain matters.