Common use of Prototype Clause in Contracts

Prototype. [***], Supplier will build, assemble, test and deliver to Eargo an initial prototype of the Product in accordance with the then-current applicable Specifications, SOW, and BOM (each a “Prototype”). Supplier will demonstrate to Eargo that the Prototype is in Compliance, which if requested will include testing the Prototype in accordance with the procedures set out in Section 4.3 below. Eargo does not guarantee that Supplier’s manufacture of a Prototype will result in the manufacturing of a First Article, or in Orders for any Products. Eargo reserves the right to engage other manufacturers to build and manufacture Products based on the Prototype. For the avoidance of doubt, Supplier will not manufacture any Products based on any Prototype, unless such Prototype has also been designated as an Approved First Article by Eargo in accordance with the procedures set out in the following provisions of this Section 4.