Common use of Progress Reports; Decisions Clause in Contracts

Progress Reports; Decisions. (a) To the extent specified in the Work Statement for a Program, PEKO will periodically furnish ViewRay with written reports describing the progress made in providing services under such Work Statement. To the extent specified in the Work Statement for a Program, ViewRay and PEKO shall periodically meet, in person or by telephone or videoconference at such times and places as are mutually agreed upon, for PEKO to provide [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. ViewRay with an update on the status of the progress of the Program. ViewRay and PEKO shall each be responsible for its own expenses incurred in connection with attending such meetings. The parties’ representatives for purposes of meetings under this Section 2.2 will be PEKO’s VP, Systems Division or closest equivalent existing at the time, and ViewRay’s Director of MRI Engineering, or closest equivalent existing at the time. (b) PEKO shall provide ViewRay in advance of each meeting pursuant to Section 2.2(a) an agenda for such meeting and reasonably-detailed written reports describing the results of the Program, including difficulties encountered in achieving the technical objectives of the Program during the period since their last meeting. It is understood and agreed that neither party may change the Specifications without the consent of the other party using the procedure set forth in Section 2.3. (c) PEKO may from time to time notify ViewRay that PEKO requires approvals or other actions by ViewRay relating to the services that do not represent a change in the terms of the Work Statement (each, a “Decision Request”) using the form attached as Attachment 3. ViewRay shall respond to each Decision Request notice within the period of time specified in the Decision Request notice (not to be less than three (3) Business Days nor more than five (5) Business Days). In the event ViewRay does not deliver to PEKO a written response to the Decision Request within the period specified in the Decision Request notice, PEKO shall be entitled to act as if ViewRay had responded by not approving the action contemplated by the Decision Request. Any change from an approved Decision Request shall be subject to the procedures specified in Section 2.3. A Decision Request may not be used to materially change the services that are the subject of a Work Statement, instead a Change Request must be used and such Change Request shall be subject to the procedures specified in Section 2.3.

Progress Reports; Decisions. (a) To the extent specified in the Work Statement for a Program, PEKO will periodically furnish ViewRay with written reports describing the progress made in providing services under such Work Statement. To the extent specified in the Work Statement for a Program, ViewRay and PEKO shall periodically meet, in person or by telephone or videoconference at such times and places as are mutually agreed upon, for PEKO to provide [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. ViewRay with an update on the status of the progress of the Program. ViewRay and PEKO shall each be responsible for its own expenses incurred in connection with attending such meetings. The parties’ representatives for purposes of meetings under this Section 2.2 will be PEKO’s VP, Systems Division or closest equivalent existing at the time, and ViewRay’s Director of MRI Engineering, or closest equivalent existing at the time. (b) PEKO shall provide ViewRay in advance of each meeting pursuant to Section 2.2(a) an agenda for such meeting and reasonably-detailed written reports describing the results of the Program, including difficulties encountered in achieving the technical objectives of the Program during the period since their last meeting. It is understood and agreed that neither party may change the Specifications without the consent of the other party using the procedure set forth in Section 2.3. (c) PEKO may from time to time notify ViewRay that PEKO requires approvals or other actions by ViewRay relating to the services that do not represent a change in the terms of the Work Statement (each, a “Decision Request”) using the form attached as Attachment 3. ViewRay shall respond to each Decision Request notice within the period of time specified in the Decision Request notice (not to be less than three (3) Business Days nor more than five (5) Business Days). In the event ViewRay does not deliver to PEKO a written response to the Decision Request within the period specified in the Decision Request notice, PEKO shall be entitled to act as if ViewRay had responded by not approving the action contemplated by the Decision Request. Any change from an approved Decision Request shall be subject to the procedures specified in Section 2.3. A Decision Request may not be used to materially change the services that are the subject of a Work Statement, instead a Change Request must be used and such Change Request shall be subject to the procedures specified in Section 2.3.

Progress Reports; Decisions. (a) To the extent specified in the Work Statement for a Program, PEKO will periodically furnish ViewRay with written reports describing the progress made in providing services under such Work Statement. To the extent specified in the Work Statement for a Program, ViewRay and PEKO shall periodically meet, in person or by telephone or videoconference at such times and places as are mutually agreed upon, for PEKO to provide [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. ViewRay with an update on the status of the progress of the Program. ViewRay and PEKO shall each be responsible for its own expenses incurred in connection with attending such meetings. The parties’ representatives for purposes of meetings under this Section 2.2 will be PEKO’s VP, Systems Division or closest equivalent existing at the time, and ViewRay’s Director of MRI Engineering, or closest equivalent existing at the time. (b) PEKO shall provide ViewRay in advance of each meeting pursuant to Section 2.2(a) an agenda for such meeting and reasonably-detailed written reports describing the results of the [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Program, including difficulties encountered in achieving the technical objectives of the Program during the period since their last meeting. It is understood and agreed that neither party may change the Specifications without the consent of the other party using the procedure set forth in Section 2.3. (c) PEKO may from time to time notify ViewRay that PEKO requires approvals or other actions by ViewRay relating to the services that do not represent a change in the terms of the Work Statement (each, a “Decision Request”) using the form attached as Attachment 3. ViewRay shall respond to each Decision Request notice within the period of time specified in the Decision Request notice (not to be less than three (3) Business Days [***] nor more than five (5) Business Days[***]). In the event ViewRay does not deliver to PEKO a written response to the Decision Request within the period specified in the Decision Request notice, PEKO shall be entitled to act as if ViewRay had responded by not approving the action contemplated by the Decision Request[***]. Any change from an approved Decision Request shall be subject to the procedures specified in Section 2.3. A Decision Request may not be used to materially change the services that are the subject of a Work Statement, instead a Change Request must be used and such Change Request shall be subject to the procedures specified in Section 2.3.