Supply Agreement by and between Establishment Biotech, S.A. and NuSil Technology LLC, dated August 18, 2016

This Supply Agreement ("Agreement") is made as of August 18, 2016 ("Effective Date"), by and between NuSil Technology LLC, a Delaware limited liability company, located at 1050 Cindy Lane; Carpinteria, California, U.S.A. 93013 ("Seller") and Establishment Labs, a Costa Rica company, located at Coyol Free Zone, 4th Street, Bldg B-15, COSTA RICA ("Buyer").

conclude that Buyer's use of a single-source of high quality, medical grade silicone material is necessary to preserve the reputation of each of the Buyer and Seller.

NOW, THEREFORE, the parties hereto, intending to be legally bound, do hereby agree as follows:

The initial term of this Agreement will begin as of the Effective Date and subject to sooner termination pursuant to Sections 10 and 11, below, will continue until December 31st, 2021. The initial term of this Agreement may be renewed for successive additional one-year renewal terms upon mutual written agreement executed by the parties at least 60 days prior to the end of the initial term, or any then­ current renewal term, as applicable. The prices for the Materials listed on Exhibit A are set forth on Exhibit B. If the parties fail to sign a written agreement with respect to any renewal term, then the term of this Agreement will expire at the expiration of the initial term or the then-current renewal term, as applicable.

Buyer will make payment of the purchase price of the Materials in United States Dollars within 45 days from the date of the Seller's invoice for Materials shipped from California, and within 45 days from the date of the Seller's invoice for Materials shipped from Costa Rica. In no event will invoices be dated earlier than the date of shipment. Upon failure by the Buyer to make any payment in accordance

with this Agreement following notice of nonpayment from Seller to Buyer and failure of Buyer to cure such non-payment within thirty (30) days of such notice, Seller reserves the right, at Seller's option, to suspend further deliveries and failure of Buyer to cure such non-payment within sixty (60) days of such notice, Seller reserves the right, at Seller's option, to terminate this Agreement or to pursue any other remedy available to it in equity or at law. If, in the reasonable judgment of Seller, Buyer's ability to make payments becomes substantially impaired, Seller may refuse to make delivery, except for cash on delivery, and may demand immediate payment in full for all Materials previously delivered in accordance with this Agreement.

Buyer will provide Seller with advance notice of its requirements through its forecast for Material purchases hereunder as set forth in Section 4 herein. Seller hereby agrees to commit such of its manufacturing capacity to manufacture and maintain sufficient inventory to meet the volume requirements of Buyer and to supply such quantities as required for Buyer's use according to the terms set forth herein. Buyer acknowledges that Seller is committing to guarantee capacity to meet the requirements of Buyer and Buyer hereby agrees to purchase all of the Material required by Buyer for its use in commercial manufacturing of Buyer's products in accordance with the terms hereof and subject to Section 10 below.

The Materials will be manufactured by Seller pursuant to the current, applicable revision of the ISO 900 I and ISO 13485 standards (provided that Seller may take advantage of any implementation grace periods allowed thereto) and all applicable laws and regulations, and will comply with the specifications in effect at the time of shipment or as otherwise agreed by the parties in writing prior to the date of acceptance of the order for such Materials. Prior to shipment, Seller shall test the Materials to confirm conformance with the foregoing standards and prepare associated documentation in connection therewith for inclusion with the shipment.

Buyer shall deliver to Seller within ten (I 0) business days after the execution of this Agreement by each party (i) Buyer's rolling forecast of its requirements for the Materials for the twelve (12) month period commencing with the first day of the initial month following execution of this Agreement, and (ii) a binding written purchase order setting forth the quantities and delivery dates for Buyer's first purchase order of Materials for the ninety (90) day period commencing with such initial month. Thereafter, Buyer

shall deliver to Seller on a monthly basis (or at such other intervals upon which Buyer and Seller may mutually agree, but in no event longer than ninety (90) days), an updated non-binding forecast of its requirements for the ensuing twelve (12) month period and a binding update of its quantity requirements and purchase order for such Materials for the ensuing ninety (90) day period or such longer period as the parties agree.

Buyer shall provide Seller with firm purchase orders in writing for the periods described in Section 4 above, setting forth the desired delivery date, which will be at least 60 days from the date of Seller's receipt of the purchase order. In the event of any conflict between the terms of this Agreement and the terms of any purchase order or acknowledgement, the terms of this Agreement shall prevail and govern the rights and duties of the parties.

All change notifications shall be performed exclusively in accordance with the attached NuSil Technology Change Notification Policy attached hereto at Exhibit C and shall be subject to mutual written approval of both parties.

Changes to be notified shall include without limitation any change that actually or potentially affects, in a way that is material or disclosable to regulatory authorities, the specifications or biocompatibility of any Material or any of the Material's specifications or as declared in the corresponding Material's Master File.

Buyer and Seller each acknowledge that the parties may have signed and entered into a Confidential Disclosure Agreement that governs the handling and control of all confidential and proprietary information between Buyer and Seller and further agrees that such a Confidential Disclosure Agreement would survive the expiration or termination of the term of this Agreement.

Seller warrants only that the Material delivered in accordance with this Agreement meets the specifications for Materials in effect at the time of shipment, or such other specifications as may be agreed upon between the parties in writing. No other warranties or representations have been made by Seller, and Seller specifically disclaims any other warranties or representations including those as to the safety or suitability of the Materials for any specific use. SELLER NEITHER MAKES NOR INTENDS, NOR DOES IT AUTHORIZE ANY AGENT OR REPRESENTATIVE TO MAKE, ANY OTHER WARRANTIES,

EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR AP ARTICULAR PURPOSE.

Buyer may not assert a claim for Seller's alleged non-delivery of any Materials unless such claim is asserted, in writing, within 30 days following the requested date of shipment designated in the purchase order for such Materials (or other written confirmation thereof).

In no event, except for cases of gross negligence or willful misconduct, will either party be liable to the other party under this Agreement for any indirect, special, incidental or consequential damages (including lost profits or loss of goodwill or diminution in value), whether based on contract, tort (including negligence), or any other legal theory, arising out of or related to this Agreement. The limitation of liability and damages in this paragraph (a) will not apply to claims by either party for the other party's breach of its obligation under the Confidential Disclosure Agreement, and (b) will apply even if an exclusive remedy hereunder fails its essential purpose.

a.Neither Buyer nor Seller shall be liable for its failure to perform hereunder (except for its obligation to make payments for Materials already received by Buyer), if performance is made impracticable due to any occurrence beyond its reasonable control including Acts of God; earthquakes; fires; floods; wars; sabotage; terrorism; accidents; power outages; labor disputes; government laws, ordinances, rules, regulations, standards or decrees, whether valid or invalid (including but not limited to priorities, requisitions, allocations, and price adjustment restrictions); inability to obtain raw material, equipment or transportation; and any other such occurrence.

b.The party affected by such contingency shall have the right to omit, during the period of such occurrence, all or any portion of the quantity deliverable hereunder only as affected by such occurrence. If, due to any such occurrence, Seller is unable to supply the total demands for the Materials supplied hereunder, Seller shall allocate its available supply among its customers in a fair and equitable manner. In no event will either party be required to settle strikes, lockouts, or other labor difficulties contrary to its best interest, nor will Seller be obligated to purchase material from others in order to enable it to deliver material to Buyer.

c.NuSil understands and appreciates the potential impacts of altering a product's availability and attempts to minimize the frequency of such occurrences. When possible, steps will be taken to mitigate these impacts on affected customers. Prior to a notified change or discontinuance, NuSil shall use commercially reasonable efforts to establish and maintain a safety stock of Products available to Establishment Labs in quantities sufficient to satisfy Establishment Lab's requirements for Products for the succeeding twelve (12) month period.

Subject to the provisions of Section 8 above, a party not then in breach of its obligations under this Agreement (the "non-breaching party") may terminate this Agreement if (a) the other party (the "breaching party") is in breach of material obligations under this Agreement, (b) the non-breaching party delivers to the breaching party a written notice describing in reasonable detail the acts, omissions, or other circumstances alleged to constitute a breach hereunder, (c) if the breach (excluding payment breach) is curable, then the breaching party fails to cure such breach within sixty (60) days following the date on which the notice of breach is delivered pursuant to the foregoing clause "(b)" hereof, and (d) if the payment breach is curable, then the breaching party fails to cure such breach within thirty (30) days following the date on which the notice of breach is delivered pursuant to the foregoing clause "(b)" hereof. If the breach is not curable, termination shall occur sixty (60) days after the first date of notice under the foregoing clause "(b)". Such termination shall not be deemed an election, but shall be in addition to any other rights and remedies available to the non-defaulting party.

Upon expiration or termination of this Agreement, the Buyer may purchase from another manufacturer/seller the Materials needed for its production contemplated by this Agreement.

Failure or delay of either party to exercise or enforce any right, provision or remedy under this Agreement upon one or more occasions does not constitute a waiver of the right to exercise or enforce the same or any other right with respect to such occasions or on another occasion.

All notices permitted or required by this Agreement must be in writing, and will be deemed to have been delivered and received (a) when personally delivered, (b) on the date on which transmitted by facsimile or other electronic means producing a tangible receipt evidencing a successful transmission, or (c) on the next business day after the date on which deposited with a regulated public carrier or nationally recognized overnight commercial delivery service (e.g., Federal Express, OHL, etc.), addressed to the party for whom intended at the mailing address, email address, or facsimile number set forth on the signature page of this Agreement for such party, or such other mailing address, email address, or facsimile number, notice of which has been delivered in a manner permitted by this Section 13.

This Agreement is governed by the laws of the State of California without regard to its conflict of laws provisions. As the exclusive means of resolving through adversarial dispute resolution any disputes arising out of this Agreement, a party may demand that any such dispute be resolved by arbitration administered by the American Arbitration Association with venue in New York City, New York, in accordance with its Commercial Arbitration Rules, and each party hereby consents to any such disputes being so resolved. Judgment on the award rendered in any such arbitration may be entered in any court having jurisdiction. The parties agree to use a single arbitrator. The parties furthermore agree that this Agreement and any dispute resolution procedures arising from it will be conducted in the English language. Any translations to any other language are for convenience only.

In the event that any portion of this Agreement or the application of this Agreement to any situation related to the Materials is found to be invalid or unenforceable, the remainder of this Agreement or its applicability to all other situations related to the Materials will remain in force and effect.

Inspection and Audits: Seller agrees that its factory, facilities, operations and quality systems used to make Materials hereunder may be inspected and/or audited by Buyer at reasonable intervals, provided that Buyer gives at least fifteen (15) days' prior written notice to Seller of its desire to undertake such an inspection and/or audit.

Parties shall indemnify, defend and hold the other and its Affiliates and their officers, directors, employees and agents harmless from and against all loss, harm and liability including, without limitation, all costs, damages, settlements, claims, suits, and expenses (including reasonable attorneys' fees) made against or sustained by a party arising from an infringement of any third party patent right, copyright right, trademark right or other intellectual property right or misappropriation of any trade secret to the extent such losses are caused by the negligence or willful misconduct of the infringing party or any employee, consultant, agent or subcontractor of the Parties or their Affiliates.

The terms and conditions hereof constitute the entire agreement between the parties hereto with respect to the subject matter hereof and supersede all previous communications, either oral or written, between the parties herein. There are no understandings, representations or warranties of any kind whatsoever, except as expressly set forth herein.

Neither party may assign its rights or delegate its duties under this Agreement, except with the prior written consent of the other party. Any assignment or delegation hereof by either party, without the prior written consent of the other party, will be void. Notwithstanding the foregoing, (a) both Buyer and Seller may assign its respective rights and delegate its duties under this Agreement to any subsidiary or Affiliate of Seller or (b) Buyer and Seller may each assign this Agreement, without consent, in connection with the merger, acquisition, reorganization or sale of such party or to a purchaser of all or substantially all of the assets of Seller or Buyer, as appropriate, to which this Agreement relates. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of each of the parties and their respective permitted successors and assigns.

No modification of this Agreement or waiver of the terms or conditions hereof will be binding upon either party unless approved in writing by an authorized representative of each party, nor will the terms and conditions of this Agreement be affected by the acknowledgment or acceptance of purchase orders, releases, or other forms containing additional or different terms or conditions.

Seller does not, by this Agreement, intend or authorize Buyer to act as Seller's agent for any purpose (and Buyer does not by this Agreement intend to authorize Seller to act as Buyer's agent for any purpose) and Buyer's relationship to Seller is limited to that set forth in this Agreement. The parties hereto agree that nothing in this agreement shall create a partnership, joint venture or similar relationship between the parties.

This Agreement may be executed in counterparts, each of which will be deemed an original and all of which, taken together, constitute one and the same instrument, binding on each signatory thereto. A copy of this Agreement that is executed by a party and transmitted by that party to the other party by facsimile or as an attachment (e.g., in ".pdf" format) to an email will be binding upon the signatory to the same extent as a copy hereof containing that party's original signature.

21 CFR Section 820.50 (b) Quality System Regulation (previously GMP) defines Purchasing Documents requirement as follows: