0001193125-03-074409 Sample Contracts

WARRANT TO PURCHASE SHARES OF COMMON STOCK OF HEALTHETECH, INC. Dated as of August 28, 2003
Healthetech Inc • November 6th, 2003 • Surgical & medical instruments & apparatus • Delaware

THIS CERTIFIES THAT, for value received, MARC USA/Pittsburgh, Inc. (the “Holder”) is entitled, subject to the terms and conditions set forth below, to purchase from HealtheTech, Inc., a Delaware corporation (the “Company”), up to one-hundred thousand (100,000) shares of the Company’s Common Stock, $0.001 par value per share (the “Shares”), in the amounts and at the price per share set forth in Section 1 below, subject to the provisions and upon the terms and conditions set forth herein. The term “Warrant” as used herein shall include this Warrant and any warrants delivered in substitution or exchange therefore as provided herein.

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TERMINATION AGREEMENT AND MUTUAL GENERAL RELEASE
Termination Agreement and Mutual General Release • November 6th, 2003 • Healthetech Inc • Surgical & medical instruments & apparatus • Delaware

THIS TERMINATION AGREEMENT AND MUTUAL GENERAL RELEASE (“Agreement”) is made and entered into this 31st day of August 2003, between Sensors for Medicine and Science, Inc. (“SMSI”) and HealtheTech, Inc. (“HETC”). SMSI and HETC may be referred to herein as “Party” or “Parties”.

HEALTHETECH, INC. JAMES W. DENNIS EMPLOYMENT AGREEMENT
Employment Agreement • November 6th, 2003 • Healthetech Inc • Surgical & medical instruments & apparatus • Colorado

This Agreement is entered into as of March 7, 2003 (the “Effective Date”) by and between HealtheTech, Inc. (the “Company”), and James W. Dennis (“Executive”).

HEALTHETECH, INC. STEPHEN WEBB EMPLOYMENT AGREEMENT
Stephen Webb Employment Agreement • November 6th, 2003 • Healthetech Inc • Surgical & medical instruments & apparatus • Colorado

This Agreement is entered into as of March 7, 2003 (the “Effective Date”) by and between HealtheTech, Inc. (the “Company”), and Stephen Webb (“Executive”).

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