Vivani Medical, Inc.

(a)Executive Severance Policy

The Company adopted an Executive Severance Policy as of March 20, 2024, then adopted an amended and restated Severance Policy as of April 29, 2025 (the “Severance Policy”). The Severance Policy is to provide certain severance pay, benefits and equity treatment to participants (including our NEOs) whose employment with the Company is terminated other than due to “cause”, death or disability by the Company or its successor, as applicable, or resigns for “good reason” (either of these, a “triggering event”), in either case during the period within 60 days prior to or 12 months following a “change in control” (as such terms are defined in the Severance Policy). To be eligible for the applicable severance benefits, the participant must satisfy certain other conditions as described in the Severance Policy, including executing an irrevocable separation agreement. The above description of principal terms of the Severance Policy is qualified in its entirety by reference to that agreement attached hereto as Exhibit 10.2.

(c)Rule 10b5-1 Trading Plan Disclosure

No Rule 10b5-1 plans ornon-Rule 10b5-1 trading arrangements were adopted, modified, orterminated by officers or directors of the Company, nor were there any material changes to the procedures by which security holders may recommend nominees to the Company’s Board of Directors, during the quarter ended March 31, 2025.

**Item 6.