Common use of Packaging and Labelling Clause in Contracts

Packaging and Labelling. (a) Acutus will supply the ACM Products ready for sale in accordance with the Product Specifications. Acutus will, at its own cost and expense, provide the ACM Products with instructions for use and labelling in accordance with the Product Specifications. (b) If for any country of the Territory the instructions for use are required in a different language, Biotronik will arrange for translation at its own cost and expense and Acutus will review and release the translation in accordance with the provisions of its quality management system at its own cost and expense prior to the distribution in accordance with Sections 3.6 and 3.12. (c) The Parties acknowledge that the ACM Accessory Products and ACM Disposable Products will be distributed by Biotronik with the Biotronik private label on the outer box (but the Acutus branding still on the disposable or accessory itself and not obscured). Upon Biotronik’s request, the Parties will promptly discuss and agree upon the private label specifications for such ACM Products boxes. Subject to an agreement by the Parties, Acutus will adapt packaging (including any box labels, pouch labels, instructions for use) of the respective ACM Products boxes (excluding any relabelling of the products themselves) to provide a Biotronik “look-and-feel” on the packaging by applying colours, Biotronik’s Trademarks, labels, labelling styles and other visual elements of Biotronik’s branding to the ACM Product boxes, subject to regulatory requirements in the respective countries and provided that Acutus will act and will be labelled as the Manufacturer of Record of these ACM Products. Notwithstanding the foregoing, the packaging of the ACM Console Product (and the console itself) shall maintain the Acutus original packaging and branding, including its external packaging and branding and any branding in any user interface. Biotronik will provide Acutus its design requirements for the packaging, marking and labelling of the respective ACM Products and, subject to Acutus’ approval, the respective design requirements will be integrated in the Product Specifications.

Packaging and Labelling. (a) Acutus Biotronik will supply the ACM Products ready for sale in accordance with the Product Specifications. Acutus Biotronik will, at its own cost and expense, provide the ACM Products with instructions for use and labelling in accordance with the Product Specifications. (b) If for any country of the Territory the instructions for use are required in a different language, Biotronik Acutus will arrange for translation at its own cost and expense and Acutus Biotronik will review and release the translation in accordance with the provisions of its quality management system at its own cost and expense prior to the distribution in accordance with Sections 3.6 and 3.12. (c) The Parties acknowledge that Acutus has the ACM Accessory right to distribute the Bio Products and ACM Disposable Products will be distributed by under Biotronik with branding or the Biotronik Acutus private label on in the outer box Territory, provided that Biotronik shall obtain a Marketing Authorization Approval for such branding or label as soon as reasonably possible (but the Acutus branding still on the disposable or accessory itself and not obscuredif required). Upon Biotronik’s Acutus’ request, the Parties will promptly discuss and agree upon the private label specifications for such ACM Products boxesBio Products. Subject to an agreement by the Parties, Biotronik will adopt packaging, whereas Acutus agrees and acknowledges that for all packaging Biotronik will adapt packaging use white boxes, marking and labelling (including any box labels, pouch labels, instructions for use) of the respective ACM Bio Products boxes (excluding any relabelling of but not the products themselves) to provide a Biotronik an Acutus “look-and-feel” on the packaging by applying colourscolors, Biotronik’s Acutus’ Trademarks, labels, labelling styles and other visual elements of Biotronik’s branding to the ACM Product boxesAcutus’ branding, subject to regulatory requirements in the respective countries and provided that Acutus Biotronik will act and will be labelled as the Manufacturer manufacturer of Record record of these ACM Bio Products. Notwithstanding the foregoing, the packaging of the ACM Console Product (and the console itself) shall maintain the Acutus original packaging and branding, including its external packaging and branding and any branding in any user interface. Biotronik will provide Acutus Biotronik its design requirements for the packaging, marking and labelling of the respective ACM Bio Products and, subject to Acutus’ Biotronik’s approval, the respective design requirements will be integrated in the Product Specifications.