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1 PLEASE READ THIS COVID-19 TEST KIT NOTICE CAREFULLY BEFORE PURCHASING ANY TEST KITS (DEFINED BELOW). THE TEST KITS HAVE BEEN AUTHORIZED BY THE FDA UNDER AN EMERGENCY USE AUTHORIZATION (THE “EUA”). THE EUA AND THIS NOTICE CONTAINS VERY IMPORTANT INFORMATION ABOUT CUSTOMER’S OBLIGATIONS, INCLUDING WITH RESPECT TO THE CLINICAL ADMINISTRATION OF THE TEST KITS. Information Relating to the Test Kits and Conditions of Use a. The CareStart COVID-19 Antigen Test (“Test Kits”), manufactured by Access Bio, Inc. are indicated for the qualitative detection of nucleocapsid protein antigen from SARS-CoV-2 in nasopharyngeal or anterior nasal swab specimens directly collected from individuals suspected of COVID-19 by their healthcare provider within five days of symptom onset, or from individuals without symptoms or other epidemiological reasons to suspect COVID-19 when tested twice over two or three days with at least 24 hours and no more than 48 hours between tests. Emergency use of the Test Kits is limited to authorized laboratories. A copy of the EUA for the Test Kits is attached hereto as Exhibit A. The Test Kits are not returnable and are non-cancellable. b. The Test Kits have not been FDA cleared or approved. The Test Kits have been authorized by the FDA under an emergency use authorization for use by Authorized Laboratories. Authorized Laboratories” means laboratories certified under the Clinical Laboratory Improvement Amendments of 1988 (CLIA), 42 U.S.C. §263a, that meet the requirements to perform high, moderate or waived complexity tests. These Test Kits are authorized for use at the Point of Care (POC), i.e., in patient care settings operating under a CLIA Certificate of Waiver, Certificate of Compliance or Certificate of Accreditation. c. Emergency use of these Test Kits is limited to Authorized Laboratories, and is only authorized for the duration of the declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection and/or diagnosis of COVID-19 under Section 564(b)(1) of the Act, 21 U.S.C. § 360bbb-3(b)(1), unless the authorization is terminated or revoked sooner. The Test Kits have been authorized only for the detection of proteins from SARS-CoV-2, not for any other viruses or pathogens. a. Please be sure to read the EUA carefully, as it includes specific obligations that apply to you, including obligations requiring you to collect information on the performance of the Test Kits, including any suspected occurrence of false positive results, false negative results, and significant deviations from the established performance characteristics of the Test Kits. Please notify HSI of any complaints about the Test Kits via telephone at 1-800-472-4346. b. Please keep all records associated with the Test Kits as required by the EUA until otherwise notified by the FDA. c. Please carefully read the Fact Sheet for Healthcare Providers for the Test Kits attached hereto as Exhibit B, and provide it to your Healthcare Providers. d. Please note that the EUA requires that you provide each patient whose specimens are tested with the Test Kits with the Fact Sheets for Patients attached hereto as Exhibit C. e. Please carefully read the electronic copy of the Instructions for Use (“IFU’). If you would like to request a hard copy of the IFU please email a request to [email protected]. In the request please include Your Name, the Name of the Lab, Your Customer Account Number, Full mailing address, Contact to address the mailing to, and Contact phone number.

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Page 1: PLEASE READ THIS COVID-19 TEST KIT NOTICE CAREFULLY …

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PLEASE READ THIS COVID-19 TEST KIT NOTICE CAREFULLY BEFORE PURCHASING ANY TEST KITS (DEFINED BELOW). THE TEST KITS HAVE BEEN AUTHORIZED BY THE FDA UNDER AN EMERGENCY USE AUTHORIZATION (THE “EUA”). THE EUA AND THIS NOTICE CONTAINS VERY IMPORTANT INFORMATION ABOUT CUSTOMER’S OBLIGATIONS, INCLUDING WITH RESPECT TO THE CLINICAL ADMINISTRATION OF THE TEST KITS.

Information Relating to the Test Kits and Conditions of Use a. The CareStart COVID-19 Antigen Test (“Test Kits”), manufactured by Access Bio, Inc. are indicated for the

qualitative detection of nucleocapsid protein antigen from SARS-CoV-2 in nasopharyngeal or anterior nasal swab specimens directly collected from individuals suspected of COVID-19 by their healthcare provider within five days of symptom onset, or from individuals without symptoms or other epidemiological reasons to suspect COVID-19 when tested twice over two or three days with at least 24 hours and no more than 48 hours between tests. Emergency use of the Test Kits is limited to authorized laboratories. A copy of the EUA for the Test Kits is attached hereto as Exhibit A. The Test Kits are not returnable and are non-cancellable.

b. The Test Kits have not been FDA cleared or approved. The Test Kits have been authorized by the FDA under an emergency use authorization for use by Authorized Laboratories. “Authorized Laboratories” means laboratories certified under the Clinical Laboratory Improvement Amendments of 1988 (CLIA), 42 U.S.C. §263a, that meet the requirements to perform high, moderate or waived complexity tests. These Test Kits are authorized for use at the Point of Care (POC), i.e., in patient care settings operating under a CLIA Certificate of Waiver, Certificate of Compliance or Certificate of Accreditation.

c. Emergency use of these Test Kits is limited to Authorized Laboratories, and is only authorized for the duration of

the declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection and/or diagnosis of COVID-19 under Section 564(b)(1) of the Act, 21 U.S.C. § 360bbb-3(b)(1), unless the authorization is terminated or revoked sooner. The Test Kits have been authorized only for the detection of proteins from SARS-CoV-2, not for any other viruses or pathogens.

a. Please be sure to read the EUA carefully, as it includes specific obligations that apply to you, including obligations requiring you to collect information on the performance of the Test Kits, including any suspected occurrence of false positive results, false negative results, and significant deviations from the established performance characteristics of the Test Kits. Please notify HSI of any complaints about the Test Kits via telephone at 1-800-472-4346.

b. Please keep all records associated with the Test Kits as required by the EUA until otherwise notified by the FDA.

c. Please carefully read the Fact Sheet for Healthcare Providers for the Test Kits attached hereto as Exhibit B, and provide it to your Healthcare Providers.

d. Please note that the EUA requires that you provide each patient whose specimens are tested with the Test Kits with the Fact Sheets for Patients attached hereto as Exhibit C.

e. Please carefully read the electronic copy of the Instructions for Use (“IFU’). If you would like to request a hard copy

of the IFU please email a request to [email protected]. In the request please include Your Name, the Name of the Lab, Your Customer Account Number, Full mailing address, Contact to address the mailing to, and Contact phone number.

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EXHIBIT A

Emergency Use Authorization (and updates) (Starts on Following Page)

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EXHIBIT B

Fact Sheets for Healthcare Providers (Starts on Following Page)

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EXHIBIT C

Fact Sheets for Patients (Starts on Following Page)

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