Common use of EQUIPMENT, INVENTORY AND WORK IN PROGRESS Clause in Contracts

EQUIPMENT, INVENTORY AND WORK IN PROGRESS. (a) Ximedica acknowledges that the OptiNose Equipment [***], is owned by OptiNose and that OptiNose may place identifying tags on the OptiNose Equipment confirming and providing notice of OptiNose’s ownership. Ximedica shall not permit [***], and shall only use the OptiNose Equipment for the manufacture of the LDSAs hereunder or other activities for OptiNose. Ximedica hereby disclaims any interest, to the extent it has any, in the OptiNose Equipment and agrees to execute and deliver any agreements or other documents evidencing OptiNose’s ownership of such OptiNose Equipment. (b) Ximedica shall, [***], maintain the OptiNose Equipment in good working order (including maintenance and repair in the ordinary course and calibration, if needed) such that 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. OptiNose Equipment enables Ximedica to produce LDSAs according to the Specifications and otherwise in accordance with this Agreement. OptiNose shall be responsible for [***]. (c) At OptiNose’s written request, Ximedica shall make available at Ximedica’s facility such OptiNose Equipment as OptiNose may designate, [***], and Ximedica shall provide [***] at OptiNose’s [***] in transitioning such OptiNose Equipment to OptiNose or another supplier, including technical assistance to OptiNose or such other supplier in using the OptiNose Equipment to manufacture LDSAs.

EQUIPMENT, INVENTORY AND WORK IN PROGRESS. Section 3.01 OptiNose Equipment (a) Ximedica VTM acknowledges that the OptiNose Equipment [***], is owned by OptiNose and that OptiNose may place identifying tags on the OptiNose Equipment confirming and providing notice of OptiNose’s ownership. Ximedica VTM shall not permit [***], ] and shall only use the OptiNose Equipment for the manufacture of the LDSAs DSAs hereunder or other activities for OptiNose. Ximedica VTM hereby disclaims any interest, to the extent it has any, in the OptiNose Equipment and agrees to execute and deliver any agreements or other documents evidencing OptiNose’s ownership of such OptiNose Equipment. In the event that any OptiNose Equipment is to be shipped from VTM to OptiNose or any third party, [***] shall be responsible for all reasonable packing and shipping costs related thereto. (b) Ximedica VTM shall, [***], maintain the OptiNose Equipment in good working order (including maintenance and repair in the ordinary course and calibration, if needed) such that 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. OptiNose Equipment enables Ximedica VTM to produce LDSAs DSAs according to the Specifications and otherwise in accordance with this Agreement. OptiNose shall be responsible for [***]. (c) At OptiNose’s written request, Ximedica VTM shall make available at XimedicaVTM’s facility such OptiNose Equipment as OptiNose may designate, [***], and Ximedica VTM shall provide [***] at OptiNose’s [***] in transitioning such OptiNose Equipment to OptiNose or another supplier, including technical assistance to OptiNose or such other supplier in using the OptiNose Equipment to manufacture LDSAs[***].