BY THE END USER PER DAY FOR SUCH INSTALLATION,
BUT IN NO EVENT SHALL EDWARDS' PAYMENT EXCEED $[**] PER INSTALLATION.
SECTION 4.6
WARRANTY AND PREVENTIVE MAINTENANCE SERVICES. PLC SHALL AND PLC
PARENT SHALL CAUSE PLC TO PROVIDE ALL WARRANTY AND TWO SCHEDULED PREVENTIVE
MAINTENANCE SERVICES ON ALL HL-2 LASER SYSTEMS AS SET FORTH ON SCHEDULE 4.6
DURING THE WARRANTY PERIOD. EDWARDS SHALL REIMBURSE PLC FOR THE COSTS SET FORTH
ON SCHEDULE 4.6 INCURRED BY PLC IN THE PERFORMANCE OF ITS OBLIGATION IN THE
PRIOR SENTENCE DURING THE WARRANTY PERIOD, BUT IN NO EVENT SHALL SUCH
REIMBURSEMENT EXCEED $[**] PER HL-2 LASER SYSTEM. IN THE EVENT PLC IS REQUIRED
TO CONDUCT WAREHOUSE RETESTING ON AN HL-2 LASER SYSTEM, EDWARDS SHALL REIMBURSE
PLC $[**] PER SUCH HL-2 LASER SYSTEM, UPON COMPLETION OF WAREHOUSE RETESTING.
SECTION 4.7
RECALL OF PRODUCTS. IN THE EVENT OF A RECALL OF ANY OF THE
PRODUCTS, PLC SHALL AND PLC PARENT SHALL CAUSE PLC TO BEAR ALL COSTS AND
EXPENSES OF SUCH RECALL, INCLUDING, WITHOUT LIMITATION, EXPENSES OR OBLIGATIONS
TO THIRD PARTIES, THE COST OF NOTIFYING CUSTOMERS AND END USERS, AND COSTS
ASSOCIATED WITH THE SHIPMENT OF RECALLED PRODUCTS FROM CUSTOMERS TO PLC. EDWARDS
SHALL COOPERATE WITH PLC IN EFFECTING ANY RECALL OF THE PRODUCTS SOLD BY EDWARDS
BY PRODUCING CUSTOMER LISTS AND ASSISTING WITH THE NOTIFICATION OF CUSTOMERS AND
END USERS OF THE RECALLED PRODUCTS.
5
SECTION 4.8
PRODUCT LIABILITY INSURANCE. SET FORTH ON SCHEDULE 4.8 IS A COPY OF
PLC'S PRODUCT LIABILITY INSURANCE POLICY WHICH IS IN FULL FORCE AND EFFECT. PLC
SHALL AND PLC PARENT SHALL CAUSE PLC TO OBTAIN AND KEEP IN FORCE DURING THE TERM
OF THIS AGREEMENT A PRODUCT LIABILITY INSURANCE POLICY IN AN AMOUNT NOT LESS
THAN $10,000,000 IN A FORM REASONABLY ACCEPTABLE TO EDWARDS. DURING THE TERM OF
THIS AGREEMENT AND FOR A PERIOD OF [**] FOLLOWING THE EXPIRATION OR TERMINATION
OF THIS AGREEMENT, SUCH INSURANCE POLICY SHALL EVIDENCE EDWARDS AND ALL OF ITS
AFFILIATES AS ADDITIONAL INSURED ENTITIES AND SHALL PROVIDE FOR WRITTEN
NOTIFICATION TO EDWARDS BY THE INSURER NOT LESS THAN 30 DAYS PRIOR TO
CANCELLATION, EXPIRATION OR MODIFICATION. PLC SHALL AND PLC PARENT SHALL CAUSE
PLC TO PROVIDE A CERTIFICATE OF INSURANCE EVIDENCING COMPLIANCE WITH THIS
SECTION 4.8 TO EDWARDS WITHIN 30 DAYS OF THE DATE HEREOF.
SECTION 4.9
COSTS AND EXPENSES. PLC SHALL AND PLC PARENT SHALL CAUSE PLC TO
BEAR ALL THE COSTS AND EXPENSES ASSOCIATED WITH PLC'S OBLIGATIONS SET FORTH IN
THIS AGREEMENT.
ARTICLE V
SALES AND MARKETING
SECTION 5.1
MARKETING PLAN. PLC AND EDWARDS SHALL JOINTLY EXECUTE THE MARKETING
PLAN FOR THE PRODUCTS SET FORTH IN SCHEDULE 5.1 AND FUND SUCH PLAN BASED ON THE
PERCENTAGES SET FORTH ON SUCH SCHEDULE DURING THE FIRST SIX MONTHS OF THE TERM
OF THIS AGREEMENT. DURING SUCH PERIOD, PLC AND EDWARDS SHALL JOINTLY DEVELOP A
MARKETING PLAN FOR THE PRODUCTS FOR THE NEXT SIX MONTHS AND PLC SHALL PROVIDE
[**]% OF THE FUNDING FOR SUCH PLAN AND EDWARDS SHALL PROVIDE THE REMAINING [**]%
OF THE