exv10w17



 




Exhibit 10.17



LEASE




     THIS LEASE (“Lease”), dated as of October 25, 2005, is made by and between TRIUMPH 1450 LLC, a
Colorado limited liability company (“Landlord”), and REPLIDYNE, INC., a Delaware corporation
(“Tenant”) (collectively, the “Parties,” and individually, a “Party”).



RECITALS




     A. Maxtor Realty Corporation, a Delaware corporation (“Maxtor Realty”), is the fee owner of
certain real property in Boulder County, Colorado, commonly called 1450 Infinite Drive, Louisville,
Colorado 80027, together with the building (“Building”) and other improvements thereon and the
appurtenant parking and landscaped areas (collectively, the “Project”).



     B. Maxtor Realty had leased the Project to Maxtor Corporation, a Delaware corporation
(“Maxtor”), pursuant to that certain Master Lease dated as of September 10, 1996.



     C. Maxtor has subleased the Premises (as defined below) to Tenant pursuant to that certain
Sublease dated as of August 1, 2005 (the “Sublease”).



     D. Maxtor Realty has entered into a purchase agreement with Landlord, pursuant to which Maxtor
Realty has agreed to sell the Project to Landlord and Landlord has agreed to purchase the Project
from Maxtor Realty.



     E. Landlord desires that (i) the parties to the Sublease terminate the Sublease as of the date
hereof, and (ii) Tenant enter into this Lease with Landlord.



     NOW, THEREFORE, in consideration of the mutual promises contained herein, and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties hereby agree as follows:



1. BASIC PROVISIONS (“BASIC PROVISIONS”).




     1.1 Premises: Approximately 3,423 rentable square feet (“RSF”) of clean room space (“Clean
Room Space”) in Section C1 of the Building, approximately 11,851 RSF of office space (“Office
Space”) in Section S1 of the Building, approximately 12,709 RSF of laboratory space (“Lab Space”)
in Section L1 of the Building, approximately 5,725 RSF of office space (“Office Space”) in Section
S2 of the Building, approximately 7,948 RSF of office space (“Office Space”) in Section E2 of the
Building and approximately 765 RSF of storage space (“Storage Space”) in the Building, all as
depicted on Exhibit A hereto, for a total RSF of 42,421 (collectively, the “Premises”).
The portion of the Premises consisting of (a) approximately 5,725 RSF in Section S2 of the
Building, and (b) approximately 7,948 RSF in Section E2 of the Building, as the same are depicted
on Exhibit A hereto are collectively called herein, the “New Office Space”.



 









 





     1.2 Term: The initial term of this Lease (the “Initial Term”) shall commence on the date
hereof (“Commencement Date”) and shall expire on September 30, 2011 (“Initial Expiration Date”).
The Initial Term, along with any extensions thereof, is herein called, the “Term”. The Initial
Expiration Date, as the same may be extended by the Option Term (as defined in Paragraph 53 below)
or sooner terminated in accordance with the provisions of this Lease, is herein called, the
“Expiration Date”.



     1.3 Base Rent; Payment Schedule:



          (a) Base Rent: Tenant shall pay to Landlord a monthly base rent (“Base Rent”), payable in
equal monthly payments according to the payment schedule (“Payment Schedule”) set forth in
Paragraph 1.3(b) below with each such monthly payment due and payable on the first (1st)
day of each month during the Term. The Payment Schedule has been calculated using the following
factors: (1) a rate of $22.00 per RSF for Clean Room Space; (2) a rate of $8.00 per RSF for Office
Space; (3) a rate of $10.00 per RSF for Lab Space; (4) a rate of $3.00 per RSF for Storage Space;
(5) the rentable square footage of the Premises; and (6) the payment terms of the Prior Lease.
Notwithstanding the foregoing, provided that no Default or Breach (as such terms are defined in
Paragraph 13.1 below) has occurred and is continuing, (i) the monthly Base Rent for the New Office
Space (S2 & E2) shall be abated in its entirety for the first six (6) months after August 1, 2005,
(ii) monthly Base Rent for the Clean Room Space (C1) shall be abated in its entirety during the
period from January 1, 2006 through and including September 10, 2006, and (iii) monthly Base Rent
for the Lab Space (L1) and the Office Space (S1) shall be abated in its entirety during the period
from August 1, 2005 through and including October 31, 2005. Beginning on August 1, 2006 and on
each annual anniversary thereafter, Base Rent for the New Office Space (E2 & S2) shall be increased
by seven percent (7%) over the Base Rent for the prior twelve (12) month period. Beginning on
October 1, 2007, and on each annual anniversary thereafter, Base Rent for the Premises leased by
Tenant hereunder (other than with respect to the New Office Space) shall be increased by seven
percent (7%) over the Base Rent for the prior twelve (12) month period.




          (b) Base Rent Payment Schedule: All of the monthly payment amounts set forth below are for
Base Rent only and do not include Additional Rent (as defined in Paragraph 4.1 below):





	 	 	—	August 2005 through October 2005, a monthly payment of
Thirteen Thousand, Seven Hundred and Fifty Two Dollars and Five Cents
($13,752.05);
	 
	 	 	—	November 2005 through December 2005, a monthly payment of
Fifty Two Thousand, Three Hundred Fifty Three Dollars and Forty Six Cents
($52,353.46);
	 
	 	 	—	January 2006, a monthly payment of Forty Three Thousand, Five
Hundred Ten Dollars and Seventy One Cents ($43,510.71);
	 
	 	 	—	February 2006 through July 2006, a monthly payment of Fifty
Two Thousand, Six Hundred Twenty Six Dollars and Four Cents ($52,626.04);




2









 






	 	 	—	August 2006, a monthly payment of Fifty Three Thousand, Two
Hundred Sixty Four Dollars and Twelve Cents ($53,264.12);
	 
	 	 	—	September 2006, a monthly payment of Forty Thousand, Eight
Hundred Ninety Five Dollars and Eighty One Cents ($40,895.81);
	 
	 	 	—	October 2006 through July 2007, a monthly payment of Thirty
Four Thousand, Seven Hundred Eleven Dollars and Sixty Six Cents
($34,711.66);
	 
	 	 	—	August 2007 through September 2007, a monthly payment of
Thirty Five Thousand, Three Hundred Ninety Four Dollars and Forty Cents
($35,394.40);
	 
	 	 	—	October 2007 through July 2008, a monthly payment of Thirty
Seven Thousand, One Hundred Forty One Dollars and Forty Seven Cents
($37,141.47);
	 
	 	 	—	August 2008 through September 2008, a monthly payment of
Thirty Seven Thousand, Eight Hundred Seventy Two Dollars and Zero Cents
($37,872.00);
	 
	 	 	—	October 2008 through July 2009, a monthly payment of Thirty
Nine Thousand, Seven Hundred Forty One Dollars and Thirty Eight Cents
($39,741.38);
	 
	 	 	—	August 2009 through September 2009, a monthly payment of Forty
Thousand, Five Hundred Twenty Three Dollars and Four Cents ($40,523.04);
	 
	 	 	—	October 2009 through July 2010, a monthly payment of Forty Two
Thousand, Five Hundred Twenty Three Dollars and Twenty Seven Cents
($42,523.27);
	 
	 	 	—	August 2010 through September 2010, a monthly payment of Forty
Three Thousand, Three Hundred Fifty Nine Dollars and Sixty Six Cents
($43,359.66);
	 
	 	 	—	October 2010 through July 2011, a monthly payment of Forty
Five Thousand, Four Hundred Ninety Nine Dollars and Ninety Cents
($45,499.90); and
	 
	 	 	—	August 2011 through September 2011, a monthly payment of Forty
Six Thousand, Three Hundred Ninety Four Dollars and Eighty Three Cents
($46,394.83).





     1.4 Security Deposit: Tenant has deposited with Landlord the sum of Thirty Six Thousand, One
Hundred and Fifty Dollars ($36.150.00) as a security deposit (the “Security



3









 







Deposit”) to secure Tenant’s obligations hereunder and otherwise in accordance with the terms
of Paragraph 5 below.



     1.5 Agreed Use: The Premises shall be used for the following uses and no others:
administration, manufacturing, design, research and development to the extent such uses are
permitted by Applicable Requirements (as defined in Paragraph 2.3 below). The Parties hereto
acknowledge that Tenant may use in the Premises certain chemicals, biochemicals and low-level
radiation consistent with a typical operation of a research-focused biotechnology company, provided
that such use complies with the terms of this Lease, including without limitation, the provisions
contained in Paragraph 6.2 below.



     1.6 Insuring Party: Landlord is the “Insuring Party” unless otherwise stated herein.



     1.7 Real Estate Brokers: The following real estate brokers (the “Brokers”) and brokerage
relationships exist in this transaction: None.



     1.8 Exhibits: Attached hereto are Exhibit A through Exhibit G which
constitute a part of this Lease.



2. PREMISES.




     2.1 Leasing. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the
Premises, for the Term, at the rental, and upon all of the terms, covenants and conditions set
forth in this Lease. Any statement regarding the rentable square footage of the Building, the
Premises or any portion thereof as set forth in this Lease, or that may have been used in
calculating Rent (as defined in Paragraph 4.1 below), is an approximation which the Parties agree
is reasonable and Rent based thereon is not subject to revision or re-measurement.



     2.2 Delivery. Tenant shall accept the New Office Space in their condition as of the
Commencement Date. Landlord shall have no obligation for any defects in the Premises. Tenant’s
taking possession of the New Office Space shall be conclusive evidence that Tenant accepts the New
Office Space and that the New Office Space were in good condition at the time possession was taken.
Tenant acknowledges that (a) Tenant shall be responsible, at its sole cost and expense, for any
work required or desirable in preparing the New Office Space for Tenant’s occupancy and/or use
during the Term, and (b) Tenant is in possession of the Premises pursuant to the Sublease.



     2.3 Compliance. Landlord shall be responsible for any non-compliance with any and all laws,
covenants or restrictions of record, building codes, regulations and ordinances (“Applicable
Requirements”) applicable to the Common Areas (as defined in Paragraph 2.5(a) below) and in effect
on the Commencement Date and/or during the Term, provided that all costs and expenses related to
any such non-compliance may be included by Landlord in Operating Expenses (as defined in Paragraph
4.3(c) below) if permitted under Paragraph 4.3 hereof. Landlord shall have no responsibility for
non-compliance with Applicable Requirements arising out of or related to the specific use to which
Tenant will put the Premises and any Alterations or Utility Installations (as such terms are
defined in Paragraph 7.3(a) below) made or to be made by Tenant. Tenant is responsible for
determining whether or not the zoning is appropriate for



4









 







Tenant’s intended use. If the Applicable Requirements are hereafter changed so as to require
during the Term any action in connection with the Premises as a result of Tenant’s specific use of
the Premises or any Alterations or Utility Installations, including without limitation, the
remediation of any Hazardous Substance (as defined in Paragraph 6.2(b) below), Tenant shall be
fully responsible for the cost thereof. Tenant hereby agrees to be responsible for the compliance
of the Premises and Tenant’s use thereof with all Applicable Requirements related thereto during
the term that Tenant had possession of the Premises or any portion thereof.



     2.4 “As Is” Condition. Tenant acknowledges that it is thoroughly familiar with the condition
of the Premises, the Building and the Project; and Tenant agrees that it is leasing the Premises on
an “As Is” basis, subject to all patent defects, without any representation or warranty by Landlord
or any of the Landlord Parties as to the condition of the Premises, the Building or the Project or
their fitness for Tenant’s use or any particular purpose, and subject to all applicable zoning,
municipal, county and state laws, ordinances and regulations governing and regulating the use of
the Premises, and any easements, covenants or restrictions of record.



     2.5 Common Areas; Building Amenities.



          (a) Common Areas. Landlord hereby grants to Tenant the right to non-exclusive use of any
portion of the Building or Project that Landlord designates, in Landlord’s sole discretion, as for
the common use of tenants and others, including without limitation, the shipping/receiving docks
and areas, the common entrances and exits and the elevators (collectively, “Common Areas”).
Landlord shall have the right, in its sole discretion, to change, add to, reduce or regulate the
Common Areas (or the use thereof) from time to time, provided that the same does not have a
material adverse effect on Tenant’s business activities in the Premises.




          (b) Building Amenities. At no Additional Rent to Tenant, Landlord hereby grants to Tenant the
right to non-exclusive use of the Building’s fitness center with men and women’s locker rooms,
shipping/receiving areas and electrical power back-up systems, and outdoor basketball and
volleyball courts (collectively, the “Facilities”), the Building’s cafeteria and full service
kitchen, and the Building’s break rooms (collectively, the “Amenities”), subject to the following
terms and conditions:




               (i) Tenant shall permit only its officers and employees to use the Facilities (“Permitted
Users”).



               (ii) Tenant’s use of the Amenities shall be subject to compliance with such policies and
procedures as Landlord may establish in its sole discretion from time to time regarding such use,
including without limitation, policies relating to use of equipment located therein, hours of
operation, conduct and dress requirements.



               (iii) Tenant covenants, as a condition of the use by each of the Permitted Users of the
Facilities, including without limitation, the outdoor basketball and volleyball courts, to obtain
from each and deliver to Landlord an executed Release in the form attached hereto as Exhibit
B.



5









 





               (iv) Tenant’s use of the Building’s cafeteria and full service kitchen shall require the prior
written approval of Landlord, which Landlord may withhold in its sole discretion, and shall be at
Tenant’s pro-rata cost, including but not limited to, the cost of food, labor, maintenance,
equipment, necessary improvements and any other associated costs.



          (c) Landlord shall have the right, in its sole discretion, to change, add to, reduce or
regulate the Amenities (or the use thereof) from time to time, provided that the same does not have
a material adverse effect on Tenant’s business activities in, and use of, the Premises.




3. TERM.




     3.1 Term. The Commencement Date, Expiration Date and Term of this Lease are as specified in
Basic Provisions above.



4. RENT.




     4.1 Additional Rent; Rent. All sums due under this Lease, other than Base Rent, are called
“Additional Rent”. Tenant shall pay all Additional Rent to Landlord upon demand unless otherwise
provided hereunder. Base Rent and Additional Rent shall be referred to collectively as “Rent.”



     4.2 Payment. Tenant shall cause payment of Base Rent and other Rent, as the same may be
adjusted from time to time, to be received by Landlord in lawful money of the United States,
without offset or deduction (except as specifically permitted in this Lease), on or before the day
on which it is due. Base Rent and other Rent for any period during the Term which is for less than
one (1) full calendar month shall be prorated based upon the actual number of days of said month.
Payment of Base Rent and other Rent shall be made to Landlord at its address stated herein or to
such other persons or place as Landlord may from time to time designate in writing. Acceptance of
a payment which is less than the amount then due shall not be a waiver of Landlord’s rights to the
balance of such Base Rent and other Rent, regardless of Landlord’s endorsement of any check so
stating.



     4.3 Operating Expenses.



          (a) Triple Net Lease. The Base Rent to be paid by Tenant to Landlord is intended to be
absolutely triple net. As such, beginning (i) on the Commencement Date with regard to the New
Office Space, and (ii) on September 11, 2006 with regard to the Premises other than the New Office
Space, and continuing through the Term, Tenant shall pay as Additional Rent an amount equal to
Tenant’s Proportionate Share of Sector Operating Expenses for each Sector (as such terms are
defined in this Paragraph 4.3 below). Landlord’s current non-biding estimates of Additional Rent
for Sector Operating Expenses are as follows: (a) Clean Room Space—$17.53 per RSF; (b) Office
Space—$8.80 per RSF; (c) Lab Space—$9.16 per RSF; and (d) Storage Space —$8.80 per RSF.




          (b) Expense Statements; Categories of Operating Expenses. On or prior to the commencement of
each calendar year after the Commencement Date, or such other accounting period as Landlord may
utilize from time to time, Landlord shall give Tenant a

6









 








written estimate of the Sector Operating Expenses for the coming year and the estimated amount
due from Tenant hereunder. Tenant shall pay such estimated amount of Additional Rent to Landlord
in equal monthly installments, in advance, at the same time the monthly Base Rent is paid. Within
ninety (90) days after the end of each calendar year, or such other annual accounting period as
Landlord shall utilize from time to time, Landlord shall furnish Tenant with a statement (“Expense
Statement”) showing the actual costs incurred by Landlord for Sector Operating Expenses during the
year then ended and Tenant’s Proportionate Share of the same. If such Expense Statement shows an
amount owing by Tenant that is less than the sum of the monthly payments made by Tenant in the year
then ended, such excess shall be credited against the next installment(s) of Additional Rent
payable hereunder by Tenant. If such Expense Statement shows an amount owing by Tenant which is
more than the sum of the monthly payments made by Tenant in the year then ended, Tenant shall pay
such deficiency to Landlord within thirty (30) days after receipt of such Expense Statement. The
obligations of Tenant hereunder shall survive expiration or termination of this Lease.




          (c) Definition of Operating Expenses. As used in this Lease, “Operating Expenses” shall mean
all costs and expenses of every kind and nature incurred by Landlord with respect to the ownership,
maintenance, repair and operation of the Project, without offset for any revenue derived by the
Landlord. Without limiting the generality of the foregoing, the following categories of expenses
are expressly intended to be included: general maintenance and repair costs for sidewalks, the
roof, floors, walls, service areas, foundations, common areas, mechanical rooms, the interior and
exterior of the Building, systems within the Project, and facilities for the use of tenants; all
charges for utilities supplied to the Project (“Utilities”); air-conditioning, ventilating and
heating charges of the Project common areas; security guards and alarm services; elevator
maintenance and other charges; painting, refinishing, decoration and landscaping of common areas;
trash and debris removal; pest control; property management fees; expenses, wages, benefits, and
payroll taxes payable with regard to all on-site and off-site employees engaged in the operation,
maintenance, engineering and security of the Project; legal expenses and the cost of audits by
certified public accountants; all supplies, materials and equipment rentals used in the operation
and maintenance of the Project; amounts paid to contractors or subcontractors for work or services
performed in connection with the operation, maintenance, engineering and security of the Project;
any reserve for repair and replacement of equipment used in the maintenance and operation of the
Project; insurance premiums or similar costs applicable to the Project, including without
limitation, the insurance that Landlord is required to maintain under Paragraph 8 below
(collectively, “Insurance”); amortization (together with reasonable financing charges) of any
capital improvements made to the Project by Landlord which will improve operating efficiency, or
which may be required under any governmental law or regulation; any form of real property tax,
special assessment, license fee, license tax, business license fee, business license tax,
commercial rental tax, levy, or charge, or transit tax, levied by any governmental authority having
the direct power to tax, against any legal or equitable interest of Landlord in the Project or as
against Landlord’s business of leasing the Project (other than Landlord’s federal or state income,
franchise, inheritance or estate taxes) (collectively, “Real Estate Taxes”); and any form of
personal property tax or assessment on the Personal Property (as defined in Paragraph 7.4(d) below)
owned by Tenant (collectively, “Personal Property Taxes”). Tenant agrees that any other cost or
expense that is not mentioned in the foregoing but incurred by Landlord in connection with the
ownership, maintenance, repair and operation of the Project shall be a part of Operating Expenses
hereunder.




7









 








          (d) Exclusions to Operating Expenses. Notwithstanding anything to the contrary contained in
this Lease, none of the following items shall be included in Operating Expenses:




               (i) The overhead and other costs associated with the operation of the business or the
ownership entity which constitutes the sublessor hereunder, unless related solely to Project
operations, provided that if Landlord has costs associated with multiple buildings or projects,
Landlord may include such costs prorated to the extent allocable to the Project;



               (ii) Costs of capital improvements and capital replacements and reserves for capital
replacements, except to the extent expressly provided for in Paragraph 4.3(c) above;



               (iii) Depreciation or amortization, except to the extent specifically provided for in
Paragraph 4.3(c) above;



               (iv) Costs and expenses incurred in connection with leasing or re-leasing space in the
Building such as commissions, space planning, architectural, engineering, attorneys’ fees,
advertising costs, the cost of tenant improvements and tenant improvement allowances, tenant
concessions and promotional expenses;



               (v) Costs and expenses incurred in connection with the termination, modification or
enforcement of leases with tenants in the Building, including without limitation, court costs,
attorneys’ fees and disbursements;



               (vi) Costs of salaries, benefits and other compensation to employees above the grade of senior
property manager, provided that if such costs related to multiple buildings or projects, Landlord
may include such costs prorated to the extent allocable to the Project; and



               (vii) Specific costs incurred for the account of, separately billed to, and paid by specific
tenants of the Building.



          (e) Sector Operating Expenses. Landlord shall segregate Operating Expenses into the following
categories (each, a “Sector”): (i) clean room space; (ii) lab space; (iii) office space; and (iv)
storage space. The Operating Expenses segregated into such categories, as determined by Landlord
in its reasonable discretion, shall constitute “Sector Operating Expenses” hereunder.




          (f) Tenant’s Proportionate Share. As used in this Lease, “Tenant’s Proportionate Share” shall
mean the ratio of dividing (i) RSF for the applicable Sector in the Premises by (ii) the total RSF
for all Sector space in the Building, as the same may be modified by Landlord from time to time.
The initial Tenant’s Proportionate Share for each Sector is as follows: (1) for clean room
space—14.42%, which has been computed by dividing 3,423 RSF (clean room space in the Premises) by
23,740 RSF (total clean space in the Building); (2) for lab space—23.54%, which has been computed
by dividing 12,709 RSF (lab space in the Premises) by 54,001 RSF (total lab space in the Building);
(3) for office space—35.50%, which has been computed by dividing 25,524 RSF (office space in the
Premises) by 71,901 RSF (total office




8









 







space in the Building); and (4) for storage space—17.98%, which has been computed by dividing
765 RSF (storage space in the Premises) by 4,254 RSF (total storage space in the Building).




          (g) Limitation on Certain Operating Expenses. Notwithstanding the foregoing, Landlord agrees
that beginning on August 1, 2006 Tenant’s obligation to pay Tenant’s Proportionate Share of Certain
Operating Expenses (as defined below) shall not be increased by more than five percent (5%) over
the amount payable by Tenant for the same during the prior twelve (12) month period. As used
herein, “Certain Operating Expenses” means Sector Operating Expenses during an applicable period
other than Utilities, Insurance, Real Estate Taxes and Personal Property Taxes allocated by
Landlord (in its sole discretion) to the applicable Sector for such period.




          (h) Audit Right. Tenant, within one hundred eighty (180) days after receiving an Expense
Statement, may give Landlord written notice (“Review Notice”) that Tenant intends to review
Landlord’s records of the Operating Expenses for the calendar year to which the Expense Statement
applies (an “Expense Year”). Within a reasonable time after receipt of the Review Notice, Landlord
shall make all pertinent records available for inspection that are reasonably necessary for Tenant
to conduct its review. If Tenant retains an agent to review Landlord’s records, the agent must be
with a certified public accounting firm (“CPA Firm”) licensed to do business in Colorado and which
shall not be compensated on a contingent fee basis. Tenant shall be solely responsible for all
costs, expenses and fees incurred for the audit; provided, however, if following an Objection
Notice (as defined below), Landlord and Tenant determine that Operating Expenses for the Building,
or the amount charged to Tenant by Landlord, for the year in question were less than stated or
appropriately charged hereunder by more than five percent (5%), Landlord, within sixty (60) days
after its receipt of paid invoices therefor from Tenant, shall reimburse Tenant for the reasonable
amounts paid by Tenant to the CPA Firm in connection with such review by Tenant. Within thirty
(30) days after the records are made available to Tenant, Tenant shall have the right to give
Landlord written notice (an “Objection Notice”) stating in reasonable detail any objection to the
Expense Statement for that Expense Year. If Tenant fails to give Landlord an Objection Notice
within the thirty (30) day period or fails to provide Landlord with a Review Notice within the one
hundred eighty (180) day period described above, Tenant shall be deemed to have approved Landlord’s
Expense Statement and shall be barred from raising any claims regarding the Operating Expenses for
that Expense Year. Notwithstanding anything to the contrary contained herein, if Tenant’s audit of
Operating Expenses with respect to any Expense Year determines that a category or subcategory of
Operating Expenses has been erroneous in any respect in such Expense Year, then Tenant shall have
the right to examine Operating Expenses for the two (2) Expense Years preceding the Expense Year
that was the subject of Tenant’s original Review Notice, provided that Tenant’s examination thereof
shall be in accordance with the procedures described above; and the Parties shall make an
appropriate adjustment in the charges for Operating Expenses or a refund thereof in accordance with
the procedures described above. The records obtained by Tenant shall be treated as confidential.
In no event shall Tenant be permitted to examine Landlord’s records or to dispute any Expense
Statement unless Tenant has paid and continues to pay all rent when due.




9









 








5. SECURITY DEPOSIT.




     5.1 Security Deposit. Any Security Deposit held by Landlord shall be held as security for the
faithful performance by Tenant of all of Tenant’s terms, covenants, and conditions under this
Lease. If Tenant commits a Breach (as defined in Paragraph 13.1 below) hereunder, Landlord may
(but shall not be required to) use, retain and apply all or any part of the Security Deposit for
the payment of any Rent or any other sum in default, or for the payment of any amount which
Landlord may spend or become obligated to spend by reason of Tenant’s Default (as defined in
Paragraph 13.1 below) or Breach, or to compensate Landlord for any other loss or damage which
Landlord may suffer as a result of Tenant’s default. If any portion of the Security Deposit is so
used or applied, Tenant shall, within fifteen (15) days after written demand therefor, deposit with
Landlord in cash or a cashier’s check an amount sufficient to restore the Security Deposit to its
original amount, and Tenant’s failure to do so shall constitute a Breach under this Lease.
Landlord shall not be required to keep the Security Deposit separate from its general funds, and
Tenant shall not be entitled to interest on the Security Deposit or any portion thereof. If Tenant
shall fully and faithfully perform every provision of this Lease, the Security Deposit, or any
balance thereof, shall be returned to Tenant (or, at Landlord’s option, to the last assignee of
Tenant’s interest hereunder) within thirty (30) days following the expiration of the Term or
vacation of the Premises by Tenant, whichever event occurs later. In the event of a termination of
Landlord’s interest in this Lease, the Security Deposit, or any portion thereof not previously
applied, may be released by Landlord to Landlord’s transferee and, if so released, Tenant agrees to
look solely to such transferee for proper application or return of the Security Deposit.



6. USE; HAZARDOUS SUBSTANCES.




     6.1 Use; Direct Entrance to Premises.



          (a) Use. Tenant shall use and occupy the Premises only for the Agreed Use and for no other
purpose. Tenant shall not use or permit the use of the Premises in a manner that is unlawful,
creates damage, waste or a nuisance, or that disturbs owners and/or occupants of, or causes damage
to neighboring properties.




          (b) Direct Entrance to Premises. Landlord agrees that Tenant shall be permitted to continue
to use (i) the existing direct entrance to its Premises (“Direct Entrance”), which is located in
Section S1 of the Building, and (ii) the existing three (3) card readers located at the entrances
to the Premises (“Card Readers”). Tenant acknowledges and agrees that the Direct Entrance and the
Card Readers are part of the Premises, such that Tenant shall keep and maintain the same in good
order, condition and repair, at Tenant’s sole cost and expense, and otherwise in accordance with
the terms of this Lease, including without limitation, the provisions contained in Paragraph 7.1
below.




     6.2 Hazardous Substances.



          (a) Definitions. As used in this Lease, the term “Hazardous Substance” shall mean any
product, substance, or waste whose presence, use, manufacture, disposal, transportation, or
release, either by itself or in combination with other materials expected to be


10









 







on the Premises, is: (i) potentially injurious to the public health, safety or welfare, the
environment or the Premises, (ii) regulated or monitored by any governmental authority, or (iii) a
basis for potential liability of Landlord to any governmental agency or third party under any
applicable statute or common law theory. Hazardous Substances shall include, but not be limited
to, PCB’s, hydrocarbons, petroleum, gasoline, asbestos and/or crude oil or any products,
by-products or fractions thereof. As used in this Lease, the term “Reportable Use” shall mean (i)
the installation or use of any above ground storage tank, (ii) the generation, possession, storage,
use, transportation, release or disposal of a Hazardous Substance that requires a permit from, or
with respect to which a report, notice, registration or business plan is required to be filed with,
any governmental authority, and/or (iii) the presence at the Premises or the Project of a Hazardous
Substance with respect to which any Applicable Requirements requires that a notice be given to
persons entering or occupying the Premises or neighboring properties.




          (b) Reportable Uses and Hazardous Substances Require Consent. Except as otherwise permitted
hereunder, Tenant shall not engage in any activity in or on the Premises or the Project which
constitutes a Reportable Use of Hazardous Substances, nor shall Tenant generate, possess, store,
use, release or dispose of any Hazardous Substances in, on, under or about the Premises, the
Building or the Project, without the express prior written consent of Landlord, which consent may
be given or withheld in Landlord’s sole discretion, and Tenant’s timely compliance (at Tenant’s
expense) with all Applicable Requirements. In addition, Landlord may condition its consent to any
Reportable Use upon receiving such additional assurances as Landlord reasonably deems necessary to
protect itself, the public, the Premises, the Building, the Project and/or the environment against
damage, contamination, injury and/or liability, including, but not limited to, the installation
(and removal on or before Lease expiration or termination) of protective modifications (such as
concrete encasements) and/or increasing the Security Deposit. Landlord hereby consents to Tenant’s
use in and about the Premises of the Hazardous Substances in the quantities listed on Exhibit
C hereto and common cleaning and office supplies in appropriate quantities, provided that
Tenant strictly complies at all times with (A) all Applicable Requirements with respect thereto,
and (B) Tenant’s Hazardous Substance Management Plan attached hereto as Exhibit D (the
“Hazardous Substance Management Plan”), as the same may be modified from time to time. Tenant
shall promptly provide to Landlord all amendments, modifications and supplements to Tenant’s
Hazardous Substance Management Plan.




          (c) Duty to Inform Landlord. If Tenant knows, or has reasonable cause to believe, that a
Hazardous Substance has come to be located in, on, under or about the Premises or the Project that
is not otherwise permitted hereunder or otherwise authorized by Landlord in writing, Tenant shall
immediately give written notice of such fact to Landlord, and provide Landlord with a copy of any
report, notice, claim or other documentation which it has concerning the presence of such Hazardous
Substance.




          (d) Tenant Remediation. Tenant shall not cause or permit any Hazardous Substance to be spilled
or released in, on, under, or about the Premises or the Project (including through the plumbing or
sanitary sewer system) and shall promptly, at Tenant’s sole cost and expense, take all
investigatory and/or remedial action reasonably recommended, whether or not formally ordered or
required, for the cleanup of any contamination of, and for the maintenance, security and/or
monitoring of the Premises, the Project or neighboring properties, that was (i)




11









 







caused by Tenant, or (ii) pertaining to or involving any Hazardous Substance brought onto the
Premises or the Project by or for Tenant, or (iii) pertaining to or involving any Hazardous
Substance brought onto the Premises or the Project or any portion thereof by any third party during
the term that Tenant had possession of the Premises or the Project or any portion thereof. Tenant
shall be solely responsible for the remediation of any condition concerning any Hazardous Substance
in, on, under or about the Premises or the Project to the extent required under this Paragraph 6.2.




          (e) Investigations and Remediations. Tenant shall have responsibility and shall pay for any
investigations or remediation measures required by governmental entities having jurisdiction with
respect to the existence of Hazardous Substances on the Premises or the Project. Tenant shall
cooperate fully in any such activities at the request of Landlord, including allowing Landlord and
Landlord’s agents to have reasonable access to the Premises at reasonable times in order to carry
out any investigative and remedial actions which Landlord may elect to do.




     6.3 Tenant’s Compliance with Applicable Requirements. Tenant shall obtain, maintain and
strictly comply with, at Tenant’s sole cost and expense, any and all Applicable Requirements with
its generation, possession, storage, use, release or disposal of any Hazardous Substance in or
about the Premises, the Building or the Project (if the same is permitted under this Lease),
including without limitation, (i) all Environmental Protection Agency Identification Numbers, and
(ii) all air, wastewater, sewer and other permits and governmental approvals. Except as otherwise
provided in this Lease, Tenant shall, at Tenant’s sole expense, fully, diligently and in a timely
manner comply with all requirements of any applicable fire insurance underwriter or rating bureau,
and the recommendations of Landlord’s engineers and/or consultants which relate in any manner to
the Premises, without regard to whether said requirements are now in effect or become effective
after the Commencement Date. Tenant shall, within ten (10) days after receipt of Landlord’s
written request, provide Landlord with copies of all permits and other documents, and other
information evidencing Tenant’s compliance with any Applicable Requirements specified by Landlord,
and shall immediately upon receipt by Tenant, notify Landlord in writing (and immediately provide
to Landlord copies of any documents involved) of any threatened or actual claim, notice, citation,
warning, complaint or report pertaining to or involving the failure of Tenant or the Premises to
comply with any Applicable Requirements or the provisions of this Paragraph 6.



     6.4 Inspection; Compliance. Landlord and Landlord’s Lender and consultants shall have the
right to enter the Premises at any time, in the case of an emergency, and otherwise at reasonable
times upon reasonable prior notice, which may be verbal, for the purpose of inspecting the
condition of the Premises and for verifying compliance by Tenant with this Lease. The reasonable
cost of any such inspections shall be paid by Tenant.



     6.5 Tenant Indemnification. Tenant shall indemnify, defend and hold harmless each of Landlord
and its shareholders, directors, officers, employees, agents, affiliates, subsidiaries, Lender (as
defined in Paragraph 30.1 below), successors and assigns (the “Landlord Parties”) from and against
any and all damages, losses, liabilities, judgments, claims, causes of action, demands, expenses,
costs, fines, penalties, and attorneys’ and consultants’ fees (collectively, “Claims”) arising out
of or involving (i) any Hazardous Substance brought onto the Premises or



12









 







the Project by or for Tenant, or (ii) pertaining to or involving any Hazardous Substance
brought onto the Premises or the Project or any portion thereof by any third party during the term
that Tenant had possession of the Premises or the Project or any portion thereof. Tenant’s
obligations shall include, but not be limited to, the effects of any contamination or injury to
person, property or the environment created or suffered by Tenant, and the cost of investigation,
removal, remediation, restoration and/or abatement, and shall survive the expiration or termination
of this Lease. No termination, cancellation or release agreement entered into by Landlord and
Tenant shall release Tenant from its obligations under this Lease with respect to Hazardous
Substances, unless Landlord specifically agrees thereto in writing at the time of such agreement
and such agreement specifically identifies this Paragraph 6 of this Lease.



7. MAINTENANCE; REPAIRS; UTILITY INSTALLATIONS; TRADE FIXTURES AND ALTERATIONS.




     7.1 Tenant’s Obligations.



          (a) In General. Subject to the provisions of Paragraphs 7.2 (Landlord’s Obligations), 9
(Damage or Destruction), and 14 (Condemnation), Tenant shall, at Tenant’s sole expense, keep the
Premises, Utility Installations, and Alterations in good order, condition and repair (whether or
not the portion of the Premises requiring repairs, or the means of repairing the same, are
reasonably or readily accessible to Tenant), including, but not limited to, all equipment or
facilities, such as plumbing, heating, ventilating, air-conditioning, electrical, lighting
facilities, boilers, pressure vessels, fire protection system, fixtures, walls (interior and
exterior), ceilings, floors, windows, doors, light bulbs, plate glass or skylights located in or on
the Premises. Tenant, in keeping the Premises in good order, condition and repair, shall exercise
and perform good maintenance practices, specifically including the procurement and maintenance of
the service contracts if required by Landlord pursuant to Paragraph 7.1(b) below. Tenant’s
obligations shall include restorations, replacements or renewals when necessary to keep the
Premises or a part thereof in good order, condition and state of repair.




          (b) Service Contracts. If requested by Landlord, Tenant shall, at Tenant’s sole expense,
procure and maintain contracts, in form and substance reasonably satisfactory to Landlord, with
copies to Landlord, for, and with contractors specializing and experienced in the maintenance of
the following equipment and improvements, if any, if and when installed in the Premises or
elsewhere: (i) heating, ventilation and air conditioning equipment (“HVAC”), (ii) boiler, and
pressure vessels, (iii) fire extinguishing systems, including fire sprinklers, fire alarm and/or
smoke detection, and (iv) any other equipment, if reasonably required by Landlord.




          (c) Landlord’s Election. Notwithstanding the foregoing, if Tenant shall fail to meet any
obligation set forth in this Paragraph 7.1, or if Landlord determines in its sole discretion that
the Premises are not being maintained as required hereunder, Landlord may elect to undertake any
such obligation of Tenant, in which event Tenant shall reimburse Landlord within ten (10) days of
receipt of notice that Landlord has paid for such work and all of Landlord’s costs.




     7.2 Landlord’s Obligations. Subject to the provisions of Paragraphs 9 (Damage or Destruction)
and 14 (Condemnation), and except for Claims caused in whole or in part by any



13









 




act or omission of Tenant or Tenant’s employees, agents, contractors or invitees, Landlord
agrees (i) to keep the foundation, roof and structural supports of the Building in good condition
and repair, (ii) to provide twenty-four (24) hours a day, seven (7) days per week such quantity of
heat and air-conditioning as may be required in Landlord’s reasonable judgment for the comfortable
occupation of the Premises, and (iii) to maintain the HVAC system for the Premises in good
condition and repair (subject to Paragraph 7.1(b) above), provided that all of the foregoing costs
and expenses therefor shall constitute Operating Expenses. It is the intention of the Parties that
the terms of this Lease govern the respective obligations of the Parties as to maintenance and
repair of the Building and the Project, and they expressly waive the benefit of any statute now or
hereafter in effect to the extent it is inconsistent with the terms of this Lease. Landlord hereby
absolutely disclaims any responsibility for any defects in the Premises, the Building or the
Project (or any portion thereof), or for the repair or maintenance of any condition at the
Premises, and Tenant hereby agrees to be responsible for any defects in the Premises, and on-going
maintenance and repair of the Premises and any portion thereof.




     7.3 Utility Installations; Trade Fixtures; Alterations.



          (a) Definitions; Consent Required. The term “Utility Installations” refers to all floor and
window coverings, air lines, power panels, electrical distribution, security and fire protection
systems, communication systems, lighting fixtures, HVAC, plumbing, and fencing in or on the
Premises or the Building. The term “Trade Fixtures” shall mean Tenant’s machinery and equipment
that can be removed without doing material damage to the Premises. The term “Alterations” shall
mean any modification of the improvements, other than Utility Installations or Trade Fixtures,
whether by addition or deletion. “Tenant Owned Alterations and/or Utility Installations” are
defined as Alterations and/or Utility Installations made by Tenant that are not yet owned by
Landlord pursuant to Paragraph 7.4(a). Tenant shall not make any Alterations or Utility
Installations to the Premises or the Building, without Landlord’s prior written consent, which
Landlord may withhold in its reasonable discretion.




          (b) Consent Requirements. Any Alterations or Utility Installations that Tenant shall desire
to make shall be presented to Landlord in written form with detailed plans. Consent shall be
deemed conditioned upon Tenant’s: (i) acquiring all applicable governmental permits, (ii)
furnishing Landlord with copies of both the permits and the plans and specifications prior to
commencement of the work, and (iii) compliance with all conditions of said permits and other
Applicable Requirements in a prompt and expeditious manner. Any Alterations or Utility
Installations shall be performed in a workmanlike manner with good and sufficient materials all at
Tenant’s cost. Tenant shall promptly upon completion furnish Landlord with as-built plans and
specifications for any Alterations or Utility Installations, whether or not Landlord’s consent is
required. In the event that Tenant constructs or installs any Utility Installations or Alterations
to any portion of the Building outside of the Premises, including without limitation, any
modifications or additions to any base Building infrastructure equipment or system (such as the
HVAC), Tenant shall be responsible for, and shall promptly pay or reimburse Landlord as Additional
Rent upon written demand therefor, all costs and expenses related to (A) installing separate
meter(s) as required by Landlord, (B) the utilities and other services furnished to Tenant and/or
the Premises with respect to such Utility Installations or Alterations, and (C) Landlord’s then
current construction management fee with respect to such Utility Installations or Alterations.
Notwithstanding the foregoing, Tenant shall not be required to obtain Landlord’s

14









 








consent to any Alteration or Utility Installation to the Premises if (i) the total cost
(including soft costs) for such Alteration or Utility Installation does not exceed $25,000, (ii)
the total costs (including soft costs) for all Alterations and Utility Installations made by Tenant
to the Premises during the prior twelve (12) month period does note exceed $50,000, (iii) such
Alteration or Utility Installation does not affect the foundation, roof or any structural component
of the Building or any Building system, and (iv) Tenant provides Landlord with not fewer than ten
(10) days’ prior written notice of Tenant’s construction or installation of such Alteration or
Utility Installation.




          (c) Mechanics’ Liens. Tenant shall pay, when due, all claims for labor or materials furnished
or alleged to have been furnished to or for Tenant at or for use on the Premises, which claims are
or may be secured by any mechanic’s or materialmen’s lien against the Premises or any interest
therein. If any mechanic’s lien is recorded for work claimed to have been done for, or on behalf
of, or for materials claimed to be furnished to Tenant or the Premises, then Tenant shall, at its
expense, immediately discharge such lien, by bond or otherwise, on demand of Landlord. Tenant
shall give Landlord not less than ten (10) days’ notice prior to the commencement of any work in,
on or about the Premises, and Landlord shall have the right to post notices of non-responsibility.
If Tenant shall contest the validity of any such lien, claim or demand, then Tenant shall, at its
sole expense defend and protect itself, Landlord and the Premises against the same and shall pay
and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof.
If Landlord shall require, Tenant shall furnish a surety bond in an amount equal to one and
one-half (1 1/2) times the amount of such contested lien, claim or demand, indemnifying Landlord
against liability for the same. If Landlord elects to participate in any such action, Tenant shall
pay Landlord’s attorneys’ fees and costs.




     7.4 Ownership; Removal; Surrender; Restoration; License of Personal Property.



          (a) Ownership; Required Removal. Subject to Landlord’s right to require removal or elect
ownership as hereinafter provided, all Alterations and Utility Installations made by Tenant shall
be the property of Tenant, but considered a part of the Premises. Unless otherwise instructed per
Paragraph 7.4(b) hereof, all Alterations and Utility Installations made by or for the benefit of
Tenant shall, at the expiration or termination of this Lease, be removed by Tenant from the
Premises.




          (b) Non-Removal. By delivery to Tenant of written notice from Landlord at the time that
Landlord grants its approval, Landlord shall respond to Tenant’s request, if any (by expressly so
stating in such approval), that Tenant shall be permitted to surrender the applicable Alteration or
Utility Installation along with the Premises at expiration or termination of this Lease and shall
not be required to remove the same at such time. Notwithstanding the foregoing, Landlord may
require the removal at any time of all or any part of any Tenant Owned Alterations or Utility
Installations made without the required consent of Landlord.




          (c) Surrender/Restoration. Tenant shall surrender the Premises on or before the Expiration
Date or any earlier termination date, with all improvements, parts and surfaces thereof broom clean
and free of debris, and in good operating order, condition and state of repair, ordinary wear and
tear and insured casualty excepted. “Ordinary wear and tear” shall not include any damage or
deterioration that would have been prevented by good maintenance

15









 








practice or a service contract. Tenant shall repair any damage occasioned by the
installation, maintenance or removal of Trade Fixtures, Alterations and/or Utility Installations,
furnishings, and equipment as well as the removal of any storage tank installed by or for Tenant,
and the removal, replacement, or remediation of any soil, material or groundwater contaminated by
Tenant. Trade Fixtures shall remain the property of Tenant and shall be removed by Tenant. The
failure by Tenant to timely vacate the Premises pursuant to this Paragraph 7.4(c) without the
express written consent of Landlord shall constitute a holdover under the provisions of Paragraph
26 below.




          (d) License of Personal Property. Landlord grants Tenant a license to use in the Premises,
during the Term and at no Additional Rent, the personal property more specifically described in
Exhibit E attached hereto, along with the existing voice/data, CAT5 wiring infrastructure,
available racks, telephone room and cabling in the Premises (collectively, “Personal Property”). As
soon hereafter as reasonably practicable, the Parties shall jointly conduct a walk-through
inspection of the Personal Property (and photograph certain Personal Property, if needed), and note
on Exhibit E pre-existing damage or defective conditions in the Personal Property. TENANT
ACCEPTS THE PERSONAL PROPERTY IN AN “AS IS”, “WHERE IS” CONDITION WITH ALL FAULTS AND WITHOUT
WARRANTIES, EXPRESS OR IMPLIED. LANDLORD DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. TENANT SHALL NOT REMOVE THE PERSONAL PROPERTY FROM THE PREMISES
OR TRANSFER ITS RIGHT TO USE THE PERSONAL PROPERTY. TENANT EXPRESSLY ASSUMES ALL RISK AND
RESPONSIBILITY FOR ANY DEFECTS (INCLUDING LATENT DEFECTS) IN THE PERSONAL PROPERTY, AND TENANT
SHALL INDEMNIFY, DEFEND AND HOLD LANDLORD AND THE LANDLORD PARTIES HARMLESS FROM AND AGAINST ANY
AND ALL CLAIMS ARISING FROM TENANT’S USE OF THE PERSONAL PROPERTY. Except for pre-existing damage
or defective conditions to the Personal Property (as mutually agreed by Landlord and Tenant),
Tenant shall maintain the Personal Property in good condition and repair throughout the Term. Upon
the expiration or earlier termination of this Lease, Tenant shall surrender the Personal Property
in the same condition as received, ordinary wear and tear excepted. Except for pre-existing damage
or defective conditions to the Personal Property (as mutually agreed by Landlord and Tenant),
Tenant shall reimburse Landlord, as Additional Rent, for the reasonable cost of (i) repairing any
damage to the Personal Property, ordinary wear and tear and damage due to casualty or condemnation
excepted, or (ii) replacing any missing Personal Property, within thirty (30) days after receipt of
invoices or other satisfactory evidence of such costs. Tenant shall insure the Personal Property
for its full replacement value (which insurance shall name Landlord as the loss payee) and Tenant
shall provide evidence thereof to Landlord in accordance with the requirements of Paragraph 8
below.




8. INSURANCE; INDEMNITY.




     8.1 Liability Insurance.



          (a) Carried by Tenant. Tenant shall obtain and keep in force a Commercial General Liability
Policy of Insurance protecting Tenant, Landlord and Landlord’s property manager, if any, against
claims for bodily injury, personal injury and property damage based upon or arising out of the
ownership, use, occupancy or maintenance of the Premises and all




16









 







areas appurtenant thereto. The initial amount of such insurance shall be not less than
$5,000,000 per occurrence with an “Additional Insured-Manager’s or Lessor’s Premises Endorsement”
and contain the “Amendment of the Pollution Exclusion Endorsement” for damage caused by heat, smoke
or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between
insured persons or organizations, but shall include coverage for liability assumed under this Lease
as an “insured contract” for the performance of Tenant’s indemnity obligations under this Lease.
Tenant shall also obtain and keep in force pollution legal liability insurance with a minimum limit
of not less than $2,000,000 per occurrence. The limits of insurance required under this Lease
shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder.
The commercial general liability and pollution legal liability insurance policies shall insure on
an occurrence and not a claims-made basis. All insurance carried by Tenant shall be primary to and
not contributory with any similar insurance carried by Landlord, whose insurance shall be
considered excess insurance only. Tenant’s policy may be a “blanket policy” with an aggregate per
location endorsement which specifically provides that the amount of insurance shall not be
prejudice by other losses covered by the policy.




          (b) Carried by Landlord. Landlord may, at its option, maintain liability insurance as
described in Paragraph 8.1(a), in addition to, and not in lieu of, the insurance required to be
maintained by Tenant. Tenant shall not be named as an additional insured therein.




     8.2 Property Insurance — Building, Improvements and Rental Value.



          (a) Building and Improvements. The Insuring Party shall obtain and keep in force a policy or
policies in the name of Landlord, with loss payable to Landlord and to any Lender(s) insuring loss
or damage to the Premises. The amount of all risk insurance maintained by the Insuring Party shall
be equal to the full replacement cost of the Building. If Landlord is the Insuring Party, however,
Tenant Owned Alterations and Utility Installations, Trade Fixtures, and Tenant’s personal property
shall be insured by Tenant under Paragraph 8.3 rather than by Landlord. Such policy or policies
shall insure against all risks of direct physical loss or damage (including the perils of flood),
including coverage for debris removal and the enforcement of any Applicable Requirements requiring
the upgrading, demolition, reconstruction or replacement of any portion of the Premises as the
result of a covered loss. Said policy or policies shall also contain an agreed valuation provision
in lieu of any coinsurance clause, waiver of subrogation, and inflation guard protection causing an
increase in the annual property insurance coverage amount by a factor of not less than the adjusted
U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where
the Premises are located. If such insurance coverage has a deductible clause, the deductible
amount shall not exceed $25,000 per occurrence and such deductible amount in the event of an
Insured Loss shall be included in Operating Expenses.




          (b) Adjacent Premises. If the Premises are part of a group of buildings owned by Landlord
which are adjacent to the Premises, the Tenant shall pay for any increase in the premiums for the
property insurance of such building or buildings if said increase is caused by Tenant’s acts,
omissions, use or occupancy of the Premises.




     8.3 Tenant’s Property/Business Interruption Insurance.



17









 





          (a) Property Damage. Tenant shall obtain and maintain insurance coverage on all of Tenant’s
personal property, Trade Fixtures, and Tenant Owned Alterations and Utility Installations. Such
insurance shall be full replacement cost coverage. The proceeds from any such insurance shall be
used by Tenant for the replacement of personal property, Trade Fixtures and Tenant Owned
Alterations and Utility Installations. Tenant shall provide Landlord with written evidence that
such insurance is in force.




          (b) Business Interruption. Tenant shall obtain and maintain loss of income and extra expense
insurance in amounts as will reimburse Tenant for direct or indirect loss of earnings attributable
to all perils commonly insured against by prudent tenants in the business of Tenant or attributable
to prevention of access to the Premises as a result of such perils.




          (c) No Representation of Adequate Coverage. Landlord makes no representation that the limits
or forms of coverage of insurance specified herein are adequate to cover Tenant’s property,
business operations or obligations under this Lease.




     8.4 Insurance Policies. Insurance required herein shall be provided by companies duly
licensed or admitted to transact business in the state where the Premises are located, and
maintaining during the policy term a policyholders rating of A- or better and a financial category
rating of at least Class X, or such other rating as may be required by Landlord’s Lender, as set
forth in the most current issue of “Best’s Insurance Guide”. Each policy of insurance required to
be maintained by Tenant hereunder shall name Landlord and Landlord’s Lender as additional insureds.
Tenant shall not do or permit to be done anything which invalidates the required insurance
policies. Tenant shall, prior to the Commencement Date, deliver to Landlord certificates
evidencing the existence and amounts of the required insurance, along with certified copies of the
policies therefor (if requested by Landlord). No such policy shall be cancelable or subject to
modification except after thirty (30) days’ prior written notice to Landlord. Tenant shall, at
least thirty (30) days prior to the expiration of such policies, furnish Landlord with evidence of
renewals or “insurance binders” evidencing renewal thereof, or Landlord may order such insurance
and charge the cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon
demand. Such policies shall be for a term of at least one (1) year, or the length of the remaining
term of this Lease, whichever is less. If either Party shall fail to procure and maintain the
insurance required to be carried by it, the other Party may, but shall not be required to, procure
and maintain the same.



     8.5 Waiver of Subrogation. Without affecting any other rights or remedies, Tenant and
Landlord each hereby releases and relieves the other, and waives its entire right to recover
damages against the other, for loss of or damage to its property arising out of or incident to the
perils required to be insured against herein. The effect of such releases and waivers is not
limited by the amount of insurance carried or required, or by any deductibles applicable hereto.
The Parties agree to have their respective property damage insurance carriers waive any right to
subrogation that such companies may have against Landlord or Tenant, as the case may be, so long as
the insurance is not invalidated thereby, and to provide evidence thereof.




18









 





     8.6 Indemnities.



          (a) Tenant Indemnity. To the fullest extent permitted by law and except as provided below,
Tenant hereby waives all Claims against Landlord and the Landlord Parties for damage to any
property or injury to or death of any person in, upon or about the Premises, the Building or the
Project arising at any time and from any cause. Except for Claims arising from the gross
negligence or willful misconduct of Landlord or Landlord’s employees or agents with regard to the
Project, Tenant hereby agrees to indemnify, defend and hold harmless each of Landlord and the
Landlord Parties from and against all Claims, including without limitation, any Claims for damage
to any property or injury to or death of any person, arising from or related to (a) any act or
omission by Tenant or Tenant’s employees, agents, contractors, invitees or any other person
claiming under Tenant in, on or about the Premises, the Building or the Project, or (b) the use or
occupancy of the Premises, the Building or the Project by Tenant or Tenant’s employees, agents,
contractors, invitees or any other person claiming under Tenant, or (c) the negligence or willful
misconduct of Tenant or Tenant’s employees, agents, contractors, invitees or any other person
claiming under Tenant, in, on or about the Premises, the Building or the Project, or (d) any breach
or default by Tenant under this Lease. If any action or proceeding is brought against Landlord or
any of the Landlord Parties by reason of any of the foregoing matters, Tenant shall upon notice
defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord and Landlord
shall cooperate with Tenant in such defense. Landlord need not have first paid any such Claim in
order to be defended or indemnified. All of the obligations of Tenant set forth in this Lease
including, without limitation, the obligations set forth in this Paragraph 8.6 shall survive the
expiration or earlier termination of this Lease.




          (b) Landlord Indemnity. Except for Claims covered by Tenant’s indemnity under Paragraphs 6.5
and 8.6(a) above, Landlord hereby agrees to indemnify, defend and hold harmless Tenant from and
against all Claims arising during the Term from the gross negligence or willful misconduct of
Landlord or Landlord’s employees and agents with regard to the Project. If any action or
proceeding is brought against Tenant by reason of any of the foregoing matters, Landlord shall upon
notice defend the same at Landlord’s expense by counsel reasonably satisfactory to Tenant and
Tenant shall cooperate with Landlord in such defense. Tenant need not have first paid any such
Claim in order to be defended or indemnified. All of the obligations of Landlord set forth in this
Paragraph 8.6 shall survive the expiration or earlier termination of this Lease.




     8.7 Exemption of Landlord from Liability. To the fullest extent permitted by law, Landlord
shall not be liable, and Tenant waives any Claim, for injury or damage to the person or goods,
wares, merchandise, business records or other property of Tenant or Tenant’s employees, agents,
contractors, invitees, or any other person in or about the Premises, the Building or the Project,
whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or
rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires,
appliances, plumbing, HVAC or lighting fixtures, or from any other cause, whether the said injury
or damage results from conditions arising upon the Premises or upon other portions of the Building
or the Project of which the Premises are a part, or from other sources or places. Landlord shall
not be liable for any Claims arising from any act or omission of any other tenant of Landlord.



19









 





9. DAMAGE OR DESTRUCTION.




     9.1 Definitions.



          (a) “Premises Partial Damage” shall mean damage or destruction to the improvements on the
Premises, other than Tenant Owned Alterations and Utility Installations, which can reasonably be
repaired in twelve (12) months or less from the date of the damage or destruction. Landlord shall
notify Tenant in writing within thirty (30) days from the date of the damage or destruction as to
whether or not the damage is Premises Partial Damage or Premises Total Destruction.




          (b) “Premises Total Destruction” shall mean damage or destruction to the Premises, other than
Tenant Owned Alterations and Utility Installations and Trade Fixtures, which cannot reasonably be
repaired in twelve (12) months or less from the date of the damage or destruction. Landlord shall
notify Tenant in writing within thirty (30) days from the date of the damage or destruction as to
whether or not the damage is Premises Partial Damage or Premises Total Destruction.




          (c) “Insured Loss” shall mean damage or destruction to improvements on the Premises, other
than Tenant Owned Alterations and Utility Installations and Trade Fixtures, which was caused by an
event required to be covered by the insurance described in Paragraph 8.2(a), irrespective of any
deductible amounts or coverage limits involved.




          (d) “Replacement Cost” shall mean the cost to repair or rebuild the improvements owned by
Landlord at the time of the occurrence to their condition existing immediately prior thereto,
including demolition, debris removal and upgrading required by the operation of Applicable
Requirements, and without deduction for depreciation.




          (e) “Hazardous Substance Condition” shall mean the occurrence or discovery of a condition
involving the presence of, or a contamination by, a Hazardous Substance as defined in Paragraph
6.2(a), in, on, or under the Premises.




     9.2 Partial Damage — Insured Loss. Landlord shall, at Landlord’s expense (subject to receipt
of adequate insurance proceeds), repair such damage (but not Tenant’s Trade Fixtures or Tenant
Owned Alterations and Utility Installations) and this Lease shall continue in full force and
effect.



     9.3 Total Destruction. Notwithstanding any other provision hereof, if a Premises Total
Destruction occurs, then either Party may elect to terminate this Lease as of the date that is
sixty (60) days following such Premises Total Destruction. If the damage or destruction was caused
by the gross negligence or willful misconduct of Tenant, Landlord shall have the right to recover
Landlord’s damages from Tenant, to the extent not covered by insurance required to be carried
hereunder. If neither Landlord nor Tenant elects to terminate this Lease, then the Premises Total
Destruction shall be treated as a Premises Partial Damage and the provisions of Paragraph 9.2 above
shall apply.



     9.4 Damage Near End of Term. If at any time during the last twelve (12) months of this Lease
there is damage for which the cost to repair exceeds six (6) month’s Base Rent,



20









 




whether or not an Insured Loss, Landlord may terminate this Lease effective sixty (60) days
following the date of occurrence of such damage by giving written termination notice to Tenant
within thirty (30) days after the date of occurrence of such damage. Notwithstanding the
foregoing, if Tenant at that time has an exercisable option to extend this Lease, then Tenant may
preserve this Lease by, (a) exercising such option and (b) providing Landlord with any shortage in
insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the
earlier of (i) the date which is ten (10) days after Tenant’s receipt of Landlord’s written notice
purporting to terminate this Lease, or (ii) the day prior to the date upon which such option
expires. If Tenant duly exercises such option during such period and provides Landlord with funds
(or adequate assurance thereof) to cover any shortage in insurance proceeds, Landlord shall, at
Landlord’s commercially reasonable expense, repair such damage as soon as reasonably possible and
this Lease shall continue in full force and effect. If Tenant fails to exercise such option and
provide such funds or assurance during such period, then this Lease shall terminate on the date
specified in the termination notice and Tenant’s option shall be extinguished.




     9.5 Abatement of Rent; Tenant’s Remedies.



          (a) Abatement. In the event of Premises Partial Damage or Premises Total Destruction or a
Hazardous Substance Condition for which Tenant is not responsible under this Lease, Base Rent
payable by Tenant for the period required for the repair, remediation or restoration of such damage
shall be abated in proportion to the degree to which Tenant’s use of the Premises is impaired, but
not to exceed the proceeds received from the Rental Value Insurance. All other obligations of
Tenant under this Lease shall be performed by Tenant, and Landlord shall have no liability for any
such damage, destruction, remediation, repair or restoration except as provided herein.




          (b) Remedies. If Landlord shall be obligated to repair or restore the Premises and does not
commence, in a substantial and meaningful way, such repair or restoration within one hundred eighty
(180) days after such obligation shall arise, Tenant may, at any time prior to the commencement of
such repair or restoration, give written notice to Landlord and to any Lender of which Tenant has
actual notice, of Tenant’s election to terminate this Lease on a date not less than sixty (60) days
following the giving of such notice. If Tenant gives such notice and such repair or restoration is
not commenced within thirty (30) days thereafter, this Lease shall terminate as of the date
specified in said notice. If the repair or restoration is commenced within said thirty (30) days,
this Lease shall continue in full force and effect. “Commence” shall mean either the unconditional
authorization of the preparation of the required plans, or the beginning of the actual work on the
Premises, whichever first occurs.




     9.6 Termination-Advance Payments. Upon termination of this Lease pursuant to this Paragraph
9, an equitable adjustment shall be made concerning advance Base Rent and any other advance
payments made by Tenant to Landlord. Landlord shall, in addition, return to Tenant so much of
Tenant’s Security Deposit as has not been, or is not then required to be, used by Landlord.



     9.7 Waive Statutes. Landlord and Tenant agree that the terms of this Lease shall govern the
effect of any damage to or destruction of the Premises with respect to the termination



21









 




of this Lease and hereby waive the provisions of any present or future statute to the extent
inconsistent herewith.




10. PERSONAL PROPERTY TAXES.




     Tenant shall pay, prior to delinquency, all taxes assessed against and levied upon Tenant
Owned Alterations, Utility Installations and Trade Fixtures and all furnishings, equipment and
personal property owned by Tenant. When possible, Tenant shall cause such property to be assessed
and billed separately from the real property of Landlord. If any of Tenant’s personal property
shall be assessed with Landlord’s real property, Tenant shall pay Landlord the taxes attributable
to Tenant’s property within ten (10) days after receipt of a written statement therefor.



11. UTILITIES.




     Tenant shall pay for all water, gas, heat, light, power, telephone, trash disposal and other
utilities and services supplied to the Premises, together with any taxes thereon. In the event
that Landlord provides any utilities or services to the Premises, Tenant shall pay to Landlord
promptly upon demand, as Additional Rent, all sums therefor. Moreover, in the event that (a) any
utilities or services supplied to the Premises, or (b) any Utility Installations or Alterations
made by Tenant to or for the benefit of the Premises, causes any Building equipment or system to
exceed its capacity or otherwise cause an unsuitable condition to exist, in either case as
determined by Landlord in its reasonable discretion, then Tenant shall be responsible for all
Claims resulting therefrom or related thereto, including without limitation, the cost of repairing
or replacing the applicable Building equipment or system. Landlord shall not be liable for
damages, consequential or otherwise, nor shall there be any Rent abatement arising out of any
curtailment or interruption whatsoever in utility or others services provided to the Premises, the
Building or the Project. Tenant hereby acknowledges and agrees that neither Landlord nor any of
Landlord’s employees, agents or representatives have made any representations or warranties,
express or implied, regarding any Building equipment or system, including without limitation, any
of the foregoing’s fitness for any particular purpose.



12. ASSIGNMENT AND SUBLETTING.




     12.1 Landlord’s Consent Required.



          (a) Tenant shall not voluntarily or by operation of law assign, transfer, mortgage or encumber
(collectively, “assign or assignment”) or sublet all or any part of Tenant’s interest in this Lease
or in the Premises without Landlord’s prior written consent, which consent, subject to the
provisions of this Paragraph 12, shall not be unreasonably withheld or delayed.




          (b) A change in the control of Tenant shall constitute an assignment requiring consent. The
transfer, in any one transaction or in a series of related transactions, of twenty-five percent
(25%) or more of the voting control of Tenant shall constitute a change in control for this
purpose.




          (c) The involvement of Tenant or its assets in any transaction, or series of transactions (by
way of merger, sale, acquisition, financing, transfer, leveraged buy-out or




22









 







otherwise), whether or not a formal assignment or hypothecation of this Lease or Tenant’s
assets occurs, which results or will result in a reduction of the Net Worth of Tenant (as defined
below) as it was represented at the time of the execution of this Lease or at the time of the most
recent assignment to which Landlord has consented, or as it exists immediately prior to said
transaction or transactions constituting such reduction, whichever was or is greater, shall be
considered an assignment of this Lease to which Landlord may withhold its consent. “Net Worth of
Tenant” shall mean the net worth of Tenant (excluding any guarantors) established under generally
accepted accounting principles.




          (d) An assignment or subletting without consent shall, at Landlord’s option, be a Default
curable after notice as set forth in Paragraph 13.1(c), or a noncurable Breach without the
necessity of any notice and grace period. If Landlord elects to treat such unapproved assignment
or subletting as a noncurable Breach, Landlord may terminate this Lease.




          (e) Tenant’s remedy for any Breach of Paragraph 12.1 by Landlord shall be limited to an action
for declaratory relief and/or injunctive relief.




     12.2 Terms and Conditions Applicable to Assignment and Subletting.



          (a) Regardless of Landlord’s consent or whether such consent is required under this Lease, any
assignment or subletting shall not: (i) be effective without the express written assumption by
such assignee or subtenant of the obligations of Tenant under this Lease, (ii) release Tenant of
any obligations hereunder, or (iii) alter the primary liability of Tenant for the payment of Rent
or for the performance of any other obligations to be performed by Tenant.




          (b) Landlord may accept Rent or performance of Tenant’s obligations from any person other than
Tenant pending approval or disapproval of an assignment. Neither a delay in the approval or
disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver
or estoppel of Landlord’s right to exercise its remedies for Tenant’s Default or Breach.




          (c) Landlord’s consent to any assignment or subletting shall not constitute a consent to any
subsequent assignment or subletting.




          (d) In the event of any Default or Breach by Tenant, Landlord may proceed directly against
Tenant or anyone else responsible for the performance of Tenant’s obligations under this Lease,
including any assignee or subtenant, without first exhausting Landlord’s remedies against any other
person or entity responsible therefore to Landlord, or any security held by Landlord.




          (e) Each request for consent to an assignment or subletting shall be in writing, accompanied
by information relevant to Landlord’s determination as to the financial and operational
responsibility and appropriateness of the proposed assignee or subtenant, including but not limited
to the intended use and/or required modification of the Premises, if any. Tenant agrees to provide
Landlord with such other or additional information and/or documentation as may be reasonably
requested. Tenant shall reimburse Landlord for all reasonable out of pocket costs actually
incurred by Landlord in connection with the consideration of any request, including attorneys’
fees.




23









 








          (f) Any assignee of, or subtenant under, this Lease shall, by reason of accepting such
assignment or entering into such sublease, be deemed to have assumed and agreed to conform and
comply with each and every term, covenant, condition and obligation herein to be observed or
performed by Tenant during the Term of said assignment or sublease, other than such obligations as
are contrary to or inconsistent with provisions of an assignment or sublease to which Landlord has
specifically consented to in writing.




     12.3 Additional Terms and Conditions Applicable to Subletting. The following terms and
conditions shall apply to any subletting by Tenant of all or any part of the Premises and shall be
deemed included in all subleases under this Lease whether or not expressly incorporated therein:



          (a) Tenant hereby assigns and transfers to Landlord all of Tenant’s interest in all Rent
payable on any sublease, and Landlord may collect such Rent and apply same toward Tenant’s
obligations under this Lease; provided, however, that until a Breach shall occur in the performance
of Tenant’s obligations, Tenant may collect said Rent. Landlord shall not, by reason of the
foregoing or any assignment of such sublease, nor by reason of the collection of Rent, be deemed
liable to the subtenant for any failure of Tenant to perform and comply with any of Tenant’s
obligations to such subtenant. Tenant hereby irrevocably authorizes and directs any such
subtenant, upon receipt of a written notice from Landlord stating that a Breach exists in the
performance of Tenant’s obligations under this Lease, to pay to Landlord all Rent due and to become
due under the sublease. Subtenant shall rely upon any such notice from Landlord and shall pay all
Rents to Landlord without any obligation or right to inquire as to whether such Breach exists,
notwithstanding any claim from Tenant to the contrary.




          (b) In the event of a Breach by Tenant, Landlord may, at its option, require subtenant to
attorn to Landlord, in which event Landlord shall undertake the obligations of the sublandlord
under such sublease from the time of the exercise of said option to the expiration of such
sublease; provided, however, Landlord shall not be liable for any prepaid rents or security deposit
paid by such subtenant to such sublandlord or for any prior Defaults or Breaches of such
sublandlord.




          (c) Any matter requiring the consent of the sublandlord under a sublease shall also require
the consent of Landlord.




          (d) No subtenant shall further assign or sublet all or any part of the Premises without
Landlord’s prior written consent.




          (e) If a sublease, fifty percent (50%) of any sublease rentals or any other economic
consideration received by Tenant as a result of such subletting, whether denominated rentals under
the sublease or otherwise, which in aggregate exceed the total sums which Tenant is obligated to
pay Landlord under this Lease (prorated to reflect obligations allocable to that portion of the
Premises subject to such sublease), after deducting the reasonable and customary costs for tenant
improvements, reasonable attorneys’ fees and brokerage fees incurred by Tenant in connection with
the subletting, shall, provided Tenant has not committed a Default or Breach hereunder, be paid to
Landlord as Additional Rent. If Tenant has committed a Default or Breach under this Lease, then
all such consideration shall be paid to Landlord.




24









 








          (f) If an assignment, fifty percent (50%) of any economic consideration received by Tenant
with respect to the assignment of this Lease, whether denominated as such or otherwise, which in
aggregate exceed the total sums which Tenant is obligated to pay Landlord under this Lease, after
deducting the reasonable and customary costs for tenant improvements, reasonable attorneys’ fees
and brokerage fees incurred by Tenant in connection with the assignment, shall, provided Tenant has
not committed a Default or Breach hereunder, be paid to Landlord as Additional Rent. If Tenant has
committed a Default or Breach under this Lease, then all such consideration shall be paid to
Landlord.




     12.4 Conditions to Consent to Assignment or Subletting. Tenant acknowledges that Landlord’s
agreement to sublease the Premises to Tenant at the rent and upon the terms stated herein is in
material reliance upon Landlord’s evaluation of the original Tenant’s background, experience and
ability, as well as the nature of the use of the Premises by the original Tenant as set forth in
Paragraph 6. In the event that Tenant shall request Landlord’s written consent to assign or
sublease the Premises as required in this Paragraph 12, then each such request for consent shall be
in writing and accompanied by the following:



          (a) Balance sheets, income statements and tax returns of the proposed assignee or subtenant
for the most recent three (3) fiscal years.




          (b) A complete business biography and history of the proposed assignee or subtenant and its
officers, partners and managers, if any.




          (c) A statement of the specific uses for which the Premises will be utilized by the proposed
assignee or subtenant.




          (d) Preliminary plans prepared by an architect or civil engineer for all alterations to the
Premises that are contemplated to be made by the proposed assignee or subtenant.




          (e) A list prepared by the proposed assignee or subtenant of all buildings in which the
proposed assignee or subtenant has been a tenant during the past five (5) years, which list shall
include the address of each such building and the last known name, address and telephone number of
the landlord of each such building.




          (f) A list prepared by the proposed assignee or subtenant of all lawsuits in which the
proposed assignee or subtenant has been a named party, either as plaintiff or defendant, during the
past three (3) years, which list shall include the name and location of the court, the case name
and case number and a brief description of the nature of the action.




          (g) Written approval of the proposed assignment or sublease and a reaffirmation of liability,
in a form satisfactory to Landlord’s counsel, from all guarantors and previous assignors of this
Lease, not previously expressly released by Landlord, if any.




          (h) Landlord may refuse to consent on any commercially reasonable grounds, including without
limitations the potential inability of the proposed assignee to fulfill the terms of this Lease and
the financial irresponsibility or instability of the proposed assignee or subtenant, the lack of
suitability of the Premises for the intended use by the proposed assignee or




25









 







subtenant, the potential for unlawful or undesirable use of the Premises by the subtenant or
assignee, or the character or business reputation of the proposed assignee or subtenant. In any
dispute which arises under this paragraph, Tenant shall pay to Landlord all of Landlord’s costs and
expenses reasonably incurred by Landlord in making the investigation and factual findings provided
for in this paragraph.




     12.5 Standards for Consent to Assignment or Subletting. Once Landlord has received all sums
required under Paragraph 12.2(e) above and all of the information, in satisfactory form, as
required above, together with any additional information which Landlord may reasonably request,
Landlord shall undertake to review Tenant’s request for consent to assign or sublease. In
determining whether to give its consent to such assignment or subletting, Landlord shall consider
all commercially reasonable factors, including, but not limited to, the following:



          (a) The financial responsibility of the proposed assignee or subtenant;




          (b) The nature of the occupancy and of the business to be conducted on the Premises and its
suitability for the Premises, Building and/or the Project; and




          (c) The need for and nature of any indicated alteration of the Premises by the proposed
assignee or subtenant and/or whether Personal Property could be damaged or not adequately
maintained by the proposed assignee or subtenant.




     12.6 Permitted Transfers. Notwithstanding anything to the contrary herein but subject to
compliance with the provisions of Paragraphs 12.2 and 12.3 above, Tenant may, without Landlord’s
consent, (a) assign this Lease or sublease all or any portion of the Premises to any entity with
which Tenant merges, regardless of whether Tenant is the surviving entity, or (b) cause a sale or
transfer of all or substantially all the capital stock or other ownership interests in Tenant
including a “going public” transaction (each successor entity, assignee, purchaser or subtenant in
(a) or (b) being referred to herein as a “Permitted Transferee” and each such transaction a
“Permitted Transfer”), provided that all of the following conditions are satisfied: (x) Tenant is
not in Default under this Lease at the time of such assignment, subletting, sale or transfer; (y)
Tenant shall give Landlord written notice at least five (5) business days’ prior to the effective
date of the Permitted Transfer, and (z) the net worth of the Permitted Transferee shall be equal to
or better than Tenant’s net worth as of the day prior to the proposed assignment, subletting, sale
or transfer, or as of August 1, 2005, whichever is greater.



13. DEFAULT; BREACH; REMEDIES.




     13.1 Default; Breach. A “Default” is defined as a failure by the Tenant to comply with or
perform any of the terms, covenants or conditions under this Lease or any of the Rules. A “Breach”
is defined as the occurrence of one or more of the following Defaults, and the failure of Tenant to
cure such Default within any applicable grace period:



          (a) The abandonment of the Premises; or the vacating of the Premises without apparent intent
to return and without providing a reasonable level of security, or which results in the coverage of
the property insurance described in Paragraph 8.2 above being jeopardized as a result thereof, or
without providing reasonable security to minimize potential vandalism.




26









 








          (b) The failure of Tenant to make any payment of Rent (or to restore the Security Deposit)
when due.




          (c) The failure to provide reasonable evidence of insurance or surety bond, or to fulfill any
other obligation under this Lease which endangers or threatens life or property, where such failure
continues for a period of three (3) business days following written notice to Tenant.




          (d) The failure by Tenant to provide (i) reasonable written evidence of compliance with
Applicable Requirements, (ii) the service contracts, (iii) the rescission of an unauthorized
assignment or subletting, (iv) an Estoppel Certificate (as defined in Paragraph 16 below), (v) a
subordination agreement or other document requested under Paragraph 30 below, (vi) any document
requested under Paragraph 39 below, or (vii) any other documentation or information which Landlord
may reasonably require of Tenant under the terms of this Lease, where any such failure continues
for a period of ten (10) days following written notice to Tenant.




          (e) A Default by Tenant as to the terms, covenants, conditions or provisions of this Lease, or
of the Rules, other than those described in Paragraphs 13.1(a), (b) or (c), above, where such
Default continues for a period of thirty (30) days after written notice; provided, however, that if
the nature of Tenant’s Default is such that more than thirty (30) days are reasonably required for
its cure, then it shall not be deemed to be a Breach if Tenant commences such cure within said
thirty (30) day period and thereafter diligently prosecutes such cure to completion within an
additional thirty (30) day period.




          (f) The occurrence of any of the following events: (i) the making of any general arrangement
or assignment for the benefit of creditors; (ii) becoming a “debtor” as defined in 11 U.S.C. § 101
or any successor statute thereto (unless, in the case of a petition filed against Tenant, the same
is dismissed within sixty (60) days); (iii) the appointment of a trustee or receiver to take
possession of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest
in this Lease, where possession is not restored to Tenant within thirty (30) days; or (iv) the
attachment, execution or other judicial seizure of substantially all of Tenant’s assets located at
the Premises or of Tenant’s interest in this Lease, where such seizure is not discharged within
thirty (30) days; provided, however, in the event that any provision of this subparagraph (e) is
contrary to any applicable law, such provision shall be of no force or effect, and not affect the
validity of the remaining provisions.




          (g) The discovery that any financial statement of Tenant given to Landlord was materially
false.




          13.2 Remedies. If Tenant fails to perform any of its affirmative duties or obligations,
within ten (10) days after written notice (or in case of an emergency, without notice), Landlord
may, at its option, perform such duty or obligation on Tenant’s behalf, including but not limited
to the obtaining of reasonably required bonds, insurance policies, or governmental licenses,
permits or approvals. The costs and expenses of any such performance by Landlord shall be due and
payable by Tenant upon receipt of invoice therefor. If any check given to Landlord by Tenant shall
not be honored by the bank upon which it is drawn, Landlord, at its option, may require all future
payments to be made by Tenant to be by cashier’s check. In the event of a




27









 







Breach, Landlord may, with or without further notice or demand, and without limiting Landlord
in the exercise of any right or remedy which Landlord may have by reason of such Breach:




          (a) give Tenant written notice in accordance with applicable law of its intention to terminate
this Lease on the date of the notice or on any later date specified in the notice, and, on the date
specified in the notice, Tenant’s right to possession of the Premises will cease and this Lease
will be terminated (except as to Tenant’s liability set forth in this Paragraph 13.2(a)), as if the
expiration of the term fixed in the notice were the end of the term of this Lease. If this Lease
is terminated pursuant to the provisions of this Paragraph 13.2(a), Tenant will remain liable to
Landlord for damages in an amount equal to the Rent and other sums that would have been owing by
Tenant under this Lease for the balance of the Term if this Lease had not been terminated, less the
net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination,
after deducting all of Landlord’s expenses in connection with the reletting, including without
limitation, the expenses set forth in Paragraph 13.2(b)(2) below. Landlord will be entitled to
collect those damages from Tenant monthly on the days on which the Rent and other amounts would
have been payable under this Lease if this Lease had not been terminated and Landlord will be
entitled to receive those damages from Tenant on those days. Alternatively, at the option of
Landlord, if this Lease is terminated, Landlord will be entitled to recover from Tenant (A) the
worth at the time of award of the unpaid Rent that had been earned at the time of termination; (B)
the worth at the time of award of the amount by which the unpaid Rent that would have been earned
after termination until the time of award exceeds the amount of the Rent loss that Tenant proves
could reasonably have been avoided; (C) the worth at the time of award of the amount by which the
unpaid Rent for the balance of the term of this Lease after the time of award exceeds the amount of
the Rent loss that Tenant proves could reasonably be avoided; and (D) any other amount necessary to
compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its
obligations under this Lease or that in the ordinary course of things would be likely to result
from that failure. The “worth at the time of award” of the amount referred to in clauses (A) and
(B) above is computed by allowing interest at the rate of eighteen percent (18%) per annum. The
worth at the time of award of the amount referred to in clause (C) is computed by discounting the
amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award. For
the purpose of determining unpaid rental under clause (C) above, the monthly rent reserved in this
Lease will be deemed to be the sum of the Base Rent due and the amounts last payable by Tenant
under this Lease for the calendar year in which the award is made; or




          (b) (1) after demand, notice and any court order as may be required under applicable law,
re-enter and take possession of the Premises, or any part of the Premises; repossess the Premises
as of Landlord’s former estate; expel Tenant and those claiming through or under Tenant from the
Premises; and remove the effects of both or either, without being deemed guilty of any manner of
trespass and without prejudice to any remedies for arrears of Rent or preceding breach of covenants
or conditions. If Landlord elects to re-enter, as provided in this Paragraph 13.2(b), or if
Landlord takes possession of the Premises pursuant to legal proceedings or pursuant to any notice
provided by law, Landlord may, from time to time, without terminating this Lease, relet the
Premises or any part of the Premises, either alone or in conjunction with other portions of the
Building of which the Premises are a part, in Landlord’s or Tenant’s name but for the account of
Tenant, for such term or terms (which may be greater or less than the period that would otherwise
have constituted the balance of the Term of this Lease)


28









 







and on such terms and conditions (which may include concessions of free rent, and the
alteration and repair of the Premises) as Landlord, in its reasonable discretion, may determine.
Landlord may collect and receive the Rents for the Premises. Landlord will not be responsible or
liable for any failure to relet the Premises, or any part of the Premises, or for any failure to
collect any Rent due upon reletting. No re-entry or taking possession of the Premises by Landlord
will be construed as an election on Landlord’s part to terminate this Lease unless a written notice
of such intention is given to Tenant. No notice from Landlord under this Lease or under a forcible
entry and detainer statute or similar law will constitute an election by Landlord to terminate this
Lease unless the notice specifically says so. Landlord reserves the right following any re-entry
or reletting, or both, to exercise its right to terminate this Lease by giving Tenant written
notice, and, in that event, this Lease will terminate as specified in the notice; and




               (2) if Landlord elects to take possession of the Premises according to this Paragraph 13.2(b)
without terminating this Lease, Tenant will pay Landlord (i) the Rent and other sums that would be
payable under this Lease if such repossession had not occurred, less (ii) the net proceeds, if any,
of any reletting of the Premises, after deducting all of Landlord’s expenses incurred in connection
with such reletting, including without limitation all repossession costs, brokerage commissions,
legal expenses, attorneys’ fees, expenses of employees, alteration, remodeling, repair costs, and
expenses of preparation for reletting. If, in connection with any reletting, the new sublease term
extends beyond the existing Term or the Premises covered by reletting include areas that are not
part of the Premises, a fair apportionment of the rent received from such reletting and the
expenses incurred in connection with such reletting will be made in determining the net proceeds
received from reletting. In addition, in determining the net proceeds from reletting, any rent
concessions will be apportioned over the term of the new sublease. Tenant will pay such amounts to
Landlord monthly on the days on which the Rent and all other amounts owing under this Lease would
have been payable if possession had not been retaken, and Landlord will be entitled to receive the
Rent and other amounts from Tenant on those days; or



          (c) commence one or more suits or suits for the recovery of the Rent and other amounts and
damages set forth in this Paragraph 13 may be brought by Landlord, from time to time, at Landlord’s
election, and nothing in this Lease will be deemed to require Landlord to await the date on which
the Term of this Lease expires. Each right and remedy in this Lease will be cumulative and will be
in addition to every other right or remedy in this Lease or existing at law or in equity or by
statute or otherwise, including without limitation suits for injunctive relief and specific
performance. The exercise or beginning of the exercise by Landlord of any right or remedy will not
preclude the simultaneous or later exercise by Landlord of any other rights or remedies. All
rights and remedies are cumulative and nonexclusive.




     13.3 Late Charges. Tenant hereby acknowledges that late payment by Tenant of Rent will cause
Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely
difficult to ascertain. Such costs include, but are not limited to, processing and accounting
charges, and late charges which may be imposed upon Landlord by any Lender. Accordingly, if any
Rent shall not be received by Landlord within five (5) days after such amount shall be due, then,
without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to
five percent (5%) of each such overdue amount. The Parties hereby agree that such late charge
represents a fair and reasonable estimate of the costs Landlord



29









 







will incur by reason of such late payment. Acceptance of such late charge by Landlord shall
in no event constitute a waiver of Tenant’s Default or Breach with respect to such overdue amount,
nor prevent the exercise of any of the other rights and remedies granted hereunder.



     13.4 Interest. Any monetary payment due Landlord hereunder, other than late charges, not
received by Landlord, when due shall bear interest from the sixth (6th) day after the
date due. The interest (“Interest”) charged shall be equal to eighteen percent (18%) per annum,
but shall not exceed the maximum rate allowed by law. Interest is payable in addition to the
potential late charge provided for in Paragraph 13.3 above.



     13.5 Breach by Landlord. Landlord shall not be deemed in breach of this Lease unless Landlord
fails within a reasonable time to perform an obligation required to be performed by Landlord. For
purposes of this Paragraph, a reasonable time shall in no event be less than thirty (30) days after
receipt by Landlord, and any Lender whose name and address shall have been furnished Tenant in
writing for such purpose, of written notice specifying wherein such obligation of Landlord has not
been performed; provided, however, that if the nature of Landlord’s obligation is such that more
than thirty (30) days are reasonably required for its performance, then Landlord shall not be in
breach if performance is commenced within such thirty (30) day period and thereafter diligently
pursued to completion.



14. CONDEMNATION.




     If the Premises or any portion thereof are taken under the power of eminent domain or sold
under the threat of the exercise of said power (collectively “Condemnation”), this Lease shall
terminate as to the part taken as of the date the condemning authority takes title or possession,
whichever first occurs. If more than twenty-five percent (25%) of the Premises, or more than
thirty-five percent (35%) of the parking is taken by Condemnation, Tenant may, at Tenant’s option,
to be exercised in writing within ten (10) days after Landlord shall have given Tenant written
notice of such taking (or in the absence of such notice, within ten (10) days after the condemning
authority shall have taken possession) terminate this Lease as of the date the condemning authority
takes such possession. If Tenant does not timely terminate this Lease in accordance with the
foregoing, this Lease shall remain in full force and effect as to the portion of the Premises
remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of
the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the
property of Landlord, whether such award shall be made as compensation for diminution in value of
the leasehold, the value of the part taken, or for severance damages. In the event that this Lease
is not terminated by reason of the Condemnation, Landlord shall repair any damage to the Premises
caused by such Condemnation to the extent of any proceeds actually received by Landlord.



15. BROKERS.




     15.1 Representations and Indemnities of Broker Relationships. Tenant and Landlord each
represent and warrant to the other that it has had no dealings with any person, firm, broker or
finder in connection with this Lease, and that no one is entitled to any commission or finder’s fee
in connection herewith. Tenant and Landlord do each hereby agree to indemnify, protect, defend and
hold the other harmless from and against liability for



30









 







compensation or charges which may be claimed by any such unnamed broker, finder or other
similar party by reason of any dealings or actions of the indemnifying Party, including any costs,
expenses, attorneys’ fees reasonably incurred with respect thereto.



16. ESTOPPEL CERTIFICATES.




     16.1 Each Party (as “Responding Party”) shall within twenty (20) days after written notice
from the other Party (the “Requesting Party”) execute, acknowledge and deliver to the Requesting
Party a statement certifying, if applicable, that Tenant is in possession of the Premises; this
Lease is in full force and effect; this Lease is unmodified (or if there have been modifications,
that this Lease is in full force and effect, as modified, and stating the date and nature of each
modification); Tenant claims no present charge, lien, or claim of offset against Rent; there is no
existing default by reason of some act or omission by Landlord; and such other additional
information, confirmation and/or statements as may be reasonably requested by the Requesting Party,
or Landlord’s Lender, if any (“Estoppel Certificate”).



     16.2 If the Responding Party shall fail to execute or deliver the Estoppel Certificate within
such twenty (20) day period, the Requesting Party may execute an Estoppel Certificate stating that:
(i) this Lease is in full force and effect without modification except as may be represented by the
Requesting Party, (ii) there are no uncured defaults in the Requesting Party’s performance, and
(iii) if Landlord is the Requesting Party, not more than one (1) month’s Base Rent has been paid in
advance. Prospective purchasers and encumbrancers may rely upon the Requesting Party’s Estoppel
Certificate, and the Responding Party shall be estopped from denying the truth of the facts
contained in said Certificate.



     16.3 If Landlord desires to finance, refinance, or sell the Premises, or any part thereof,
Tenant shall deliver to any potential lender or purchaser designated by Landlord such financial
statements as may be reasonably required by such lender or purchaser, including but not limited to
Tenant’s financial statements for the past three (3) years. All such financial statements shall be
received by Landlord and such lender or purchaser in confidence and shall be used only for the
purposes herein set forth



17. LIABILITY AFTER TRANSFER.




     In the event of a transfer of the Landlord’s interest in the Premises or this Lease, Landlord
shall deliver to the transferee or assignee (in cash or by credit) any unused Security Deposit held
by Landlord. Upon such transfer or assignment and delivery of the Security Deposit, if any,
Landlord shall be relieved of all liability with respect to the obligations and/or covenants under
this Lease thereafter to be performed by the same.



18. SEVERABILITY.




     The invalidity of any provision of this Lease, as determined by a court of competent
jurisdiction, shall in no way affect the validity of any other provision hereof.



31









 





19. DAYS.




     Unless otherwise specifically indicated to the contrary, the word “days” as used in this Lease
shall mean and refer to calendar days.



20. LIMITATION ON LIABILITY.




     In consideration of the benefits accruing hereunder, Tenant on behalf of itself and all
successors and assigns of Tenant, covenants and agrees that, notwithstanding anything to the
contrary and notwithstanding any applicable law to the contrary:



          (a) the liability of Landlord under this Lease (including any liability for any actual or
alleged failure, breach or default by Landlord under this Lease and/or negligence of Landlord
hereunder) and any recourse against Landlord shall be limited solely to the interest in the Project
of Landlord, along with the sale and insurance proceeds with regard to the Project, and not any
other assets of Landlord; and




          (b) no director, officer, shareholder, employee, adviser or agent of Landlord shall be
personally liable in any manner or to any extent under or in connection with this Lease, and Tenant
shall not seek recourse against any such person or against any of their personal assets for
satisfaction of any liability with respect to this Lease; and




          (c) Landlord and the Landlord Parties shall not be responsible or liable for any indirect,
incidental, special, consequential or punitive damages in connection with this Lease, including,
without limitation, on account of lost profits or the interruption of Tenant’s business.




     With regard to the provisions of Paragraph 20(a) above, Landlord hereby acknowledges and
agrees that, if Tenant were to obtain a judgment against Landlord in connection with this Lease,
then Tenant shall be entitled to record a judgment lien against the fee interest of the Project
with respect thereto.



21. TIME OF ESSENCE.



Time is of the essence with respect to the performance of all obligations to be performed or
observed by the Parties under this Lease.




22. NO PRIOR OR OTHER AGREEMENTS; COUNTERPARTS.




     This Lease contains all agreements between the Parties with respect to any matter mentioned
herein, and no other prior or contemporaneous agreement or understanding shall be effective. This
Lease may be executed in any number of counterparts, each of which when so executed and delivered
shall be deemed to be an original and all of which counterparts taken together shall constitute but
one and the same instrument.



32









 





23. NOTICES.




     23.1 Notice Requirements. All notices required or permitted by this Lease shall be in writing
and may be delivered in person (by hand or by courier) or may be sent by regular, certified or
registered mail or U.S. Postal Service Express Mail, with postage prepaid, or by facsimile
transmission, and shall be deemed sufficiently given if served in a manner specified in this
Paragraph 23. The addresses noted below shall be that Party’s address for delivery or mailing of
notices. Either Party may by written notice to the other specify a different address for notice.
A copy of all notices to Landlord shall be concurrently transmitted to such party or parties at
such addresses as Landlord may from time to time hereafter designate in writing.



	 	 	 	 	 	 	 	 	 
	 	 	Landlord:	 	Triumph 1450 LLC	 	 
	 	 	 	 	9605 Kingston Court, Suite 160	 	 
	 	 	 	 	Englewood, Colorado 80112	 	 
	 	 	 	 	Attention: Paul J. Ruff	 	 
	 

	 	 	 	 	 	 	 	 
	 

	 	with a copy to:	 	 	 	 	 	 
	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 
	 

	 	 	 	Attention: 	 	 	 	 
	 

	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	 	 	Tenant:	 	Replidyne, Inc.	 	 
	 	 	 	 	1450 Infinite Drive	 	 
	 	 	 	 	Louisville, Colorado 80027	 	 
	 	 	 	 	Attention: Jill Clark, Senior Director of Finance
and Administration	 	 
	 
	 	 	 	 	 	 	 	 
	 	 	with a copy to:	 	Holland & Hart LLP	 	 
	 	 	 	 	1800 Broadway, Suite 300	 	 
	 	 	 	 	Boulder, Colorado 80302	 	 
	 	 	 	 	Attention: J. Marcus Painter, Esq.	 	 






     23.2 Date of Notice. Any notice sent by registered or certified mail, return receipt
requested, shall be deemed given on the date of delivery shown on the receipt card, or if no
delivery date is shown, the postmark thereon. If sent by regular mail the notice shall be deemed
given forty-eight (48) hours after the same is addressed as required herein and mailed with postage
prepaid. Notices delivered by United States Express Mail or overnight courier that guarantee next
day delivery shall be deemed given twenty-four (24) hours after delivery of the same to the Postal
Service or courier. Notices transmitted by facsimile transmission or similar means shall be deemed
delivered upon telephone confirmation of receipt, provided a copy is also delivered via delivery or
mail. If notice is received on a Saturday, Sunday or legal holiday, it shall be deemed received on
the next business day.



24. WAIVERS.




     No waiver by Landlord of the Default or Breach of any term, covenant or condition hereof by
Tenant, shall be deemed a waiver of any other term, covenant or condition hereof, or of any
subsequent Default or Breach by Tenant of the same or of any other term, covenant or



33









 







condition hereof. Landlord’s consent to, or approval of, any act shall not be deemed to
render unnecessary the obtaining of Landlord’s consent to, or approval of, any subsequent or
similar act by Tenant, or be construed as the basis of an estoppel to enforce the provision or
provisions of this Lease requiring such consent. The acceptance of Rent by Landlord shall not be a
waiver of any Default or Breach by Tenant. Any payment by Tenant may be accepted by Landlord on
account of monies or damages due Landlord, notwithstanding any qualifying statements or conditions
made by Tenant in connection therewith, which such statements and/or conditions shall be of no
force or effect whatsoever unless specifically agreed to in writing by Landlord at or before the
time of deposit of such payment.



25. RECORDING.




     No recordation of any memorandum of this Lease, or “short form” of this Lease, shall be
permitted without the prior written consent of Landlord, which shall be withheld or given in
Landlord’s sole discretion. The Party requesting recordation shall be responsible for payment of
any fees applicable thereto.



26. NO RIGHT TO HOLDOVER.




     Tenant has no right to retain possession of the Premises or any part thereof beyond the
expiration or termination of this Lease. In the event that Tenant holds over with Landlord’s
express consent, then the Base Rent shall be increased to one hundred fifty percent (150%) of the
Base Rent applicable during the month immediately preceding the expiration or termination. Tenant
agrees to indemnify, defend and hold harmless Landlord and the Landlord Parties from and against
any Claim arising out of such holding over. Nothing contained herein shall be construed as consent
by Landlord to any holding over by Tenant.



27. CUMULATIVE REMEDIES.




     No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be
cumulative with all other remedies at law or in equity.



28. COVENANTS AND CONDITIONS; CONSTRUCTION OF AGREEMENT.




     All provisions of this Lease to be observed or performed by Tenant are both covenants and
conditions. In construing this Lease, all headings and titles are for the convenience of the
Parties only and shall not be considered a part of this Lease. Whenever required by the context,
the singular shall include the plural and vice versa. This Lease shall not be construed as if
prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both
Parties had prepared it.



29. BINDING EFFECT; CHOICE OF LAW.




     This Lease shall be binding upon the Parties, their personal representatives, successors and
assigns and be governed by the laws of the State in which the Premises are located. Any litigation
between the Parties hereto concerning this Lease shall be initiated in the county in which the
Premises are located.



34









 





30. SUBORDINATION; ATTORNMENT; NON-DISTURBANCE.




     30.1 Subordination. This Lease granted hereby shall be subject and subordinate to any ground
lease, mortgage, deed of trust, or other hypothecation or security device (collectively, “Security
Device”), now or hereafter placed upon the Premises, to any and all advances made on the security
thereof, and to all renewals, modifications, and extensions thereof; provided, however that so long
as there is no Breach or Default hereunder, Tenant’s right to possession of the Premises shall not
be disturbed by Landlord’s Lender. Tenant agrees that the holders of any such Security Devices (in
this Lease together referred to as “Lender” or “Landlord’s Lender”) shall have no liability or
obligation to perform any of the obligations of Landlord under this Lease. Any Lender may elect to
have this Lease superior to the lien of its Security Device by giving written notice thereof to
Tenant, whereupon this Lease shall be deemed prior to such Security Device, notwithstanding the
relative dates of the documentation or recordation thereof.



     30.2 Attornment. Subject to the non-disturbance provisions of Paragraph 30.3, Tenant agrees
to attorn to a Lender or any other party who acquires ownership of the Premises by reason of a
foreclosure of a Security Device, and that in the event of such foreclosure, such new owner shall
not: (i) be liable for any act or omission of any prior Landlord or with respect to events
occurring prior to acquisition of ownership; (ii) be subject to any offsets or defenses which
Tenant might have against any prior Landlord, or (iii) be bound by prepayment of more than one (1)
month’s Base Rent.



     30.3 Non-Disturbance. With respect to Security Devices entered into by Landlord concurrently
with or after the execution of this Lease, Tenant’s subordination of this Lease and/or attornment
shall be subject to receiving a commercially reasonable non-disturbance agreement (a
“Non-Disturbance Agreement”) from Landlord’s Lender which Non-Disturbance Agreement provides that
Tenant’s possession of the Premises, and this Lease, including any options to extend the term
hereof, will not be disturbed so long as Tenant is not in Breach or Default hereunder and attorns
to the record owner of the Premises. Each Party agrees, from time to time during the Term of this
Lease, upon demand of the other Party to execute, acknowledge and deliver such other instruments,
confirming such subordination and non-disturbance, and such instruments of attornment as shall be
requested by a Party’s lender.



     30.4 Self-Executing. The agreements contained in this Paragraph 30 shall be effective without
the execution of any further documents; provided, however, that, upon written request from Landlord
or a Lender in connection with a sale, financing or refinancing of the Premises, Tenant and
Landlord shall execute such further writings as may be reasonably required to separately document
any subordination, attornment and/or Non-Disturbance Agreement provided for herein.



31. ATTORNEYS’ FEES.




     If any Party brings an action or proceeding involving the Premises to enforce the terms hereof
or to declare rights hereunder, the Prevailing Party (as hereafter defined) in any such proceeding,
action, or appeal thereon, shall be entitled to reasonable attorneys’ fees. Such fees may be
awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding
is pursued to decision or judgment. The term, “Prevailing Party” shall include,



35









 







without limitation, a Party who substantially obtains or defeats the relief sought, as the
case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party or
Broker of its claim or defense. The attorneys’ fees award shall not be computed in accordance with
any court fee schedule, but shall be such as to fully reimburse all attorneys’ fees reasonably
incurred. In addition, Landlord shall be entitled to attorneys’ fees, costs and expenses incurred
in the preparation and service of notices of Default and consultations in connection therewith,
whether or not a legal action is subsequently commenced in connection with such Default or
resulting Breach.



32. LANDLORD’S ACCESS; SHOWING PREMISES; REPAIRS.




     Landlord and Landlord’s agents shall have the right to enter the Premises upon reasonable
advance notice to Tenant (except in the case of an emergency or regularly scheduled janitorial
services for which no prior notice shall be required), and otherwise at reasonable times for the
purpose of showing the same to prospective purchasers, lenders, or subtenants, and making such
alterations, repairs, improvements or additions to the Premises as Landlord may deem necessary.
All such activities shall be without abatement of rent or liability to Tenant. Landlord may at any
time place on the Premises any ordinary “For Sale” signs and Landlord may during the last twelve
(12) months of the term hereof place on the Premises any ordinary “For Lease” signs.



33. AUCTIONS.




     Tenant shall not conduct, nor permit to be conducted, any auction upon the Premises without
Landlord’s prior written consent. Landlord shall not be obligated to exercise any standard of
reasonableness in determining whether to permit an auction.



34. SIGNS.




     Tenant shall not place any sign in, on or about the Premises, the Building or the Project
without Landlord’s prior written consent, which consent Landlord may withhold in its sole
discretion; provided, however, Landlord hereby agrees that Tenant shall have the right to use its
proportionate share (with all tenants of the Building) of the monument located in front of the
Building. All signage of Tenant (including any monument signage) shall, at Tenant’s sole cost and
expense, (a) be installed, maintained, repaired and removed by Tenant, and (b) at all times comply
with all Applicable Requirements. At expiration or earlier termination of this Lease, Tenant shall
remove all signs installed by Tenant and repair all damage caused by the removal of such signs.
Landlord hereby grants its consent to all of Tenant’s signage existing at the Premises as of August
1, 2005.



35. TERMINATION; MERGER.




     Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender
of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by
Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the
Premises; provided, however, that Landlord may elect to continue any one or all existing
subtenancies or sub-subtenancies. Landlord’s failure within ten (10) days following any



36









 







such event to elect to the contrary by written notice to the holder of any such lesser
interest, shall constitute Landlord’s election to have such event constitute the termination of
such interest.



36. CONSENTS.




     Except as otherwise provided herein, wherever in this Lease the consent of a Party is required
to an act by or for the other Party, such consent shall not be unreasonably withheld or delayed.
Landlord’s actual reasonable costs and expenses (including but not limited to architects’,
attorneys’, engineers’ and other consultants’ fees) incurred in the consideration of, or response
to, a request by Tenant for any Landlord consent, including but not limited to consents to an
assignment, a subletting or the presence or use of a Hazardous Substance, shall be paid by Tenant
upon receipt of an invoice and supporting documentation therefor. Landlord’s consent to any act,
assignment or subletting shall not constitute an acknowledgment that no Default or Breach by Tenant
of this Lease exists, nor shall such consent be deemed a waiver of any then existing Default or
Breach, except as may be otherwise specifically stated in writing by Landlord at the time of such
consent. The failure to specify herein any particular condition to Landlord’s consent shall not
preclude the imposition by Landlord at the time of consent of such further or other conditions as
are then reasonable with reference to the particular matter for which consent is being given. In
the event that either Party disagrees with any determination made by the other hereunder and
reasonably requests the reasons for such determination, the determining Party shall furnish its
reasons in writing and in reasonable detail within ten (10) business days following such request.



37. QUIET POSSESSION.




     Subject to payment by Tenant of the Rent and performance of all of the covenants, conditions
and provisions on Tenant’s part to be observed and performed under this Lease, Tenant shall have
quiet possession and quiet enjoyment of the Premises during the term hereof.



38. PARKING.




     Tenant shall have the right to use, on a unassigned, non-exclusive basis, one hundred
thirty-two (132) parking spaces in the parking areas designated at the Building, in accordance with
a parking ratio of 3.1 parking spaces per each 1,000 RSF of the Premises. The use of such parking
spaces shall be subject to, and is conditioned upon, compliance by Tenant with all rules and
regulations governing such parking areas promulgated by Landlord from time to time (and Tenant
shall cause all of Tenant’s employees, agents, contractors and invitees that park therein to comply
with the same). Tenant acknowledges that Landlord reserves the right, in its sole discretion, to
designate any of the parking spaces at the Building as exclusive spaces; in which event and after
Landlord has notified Tenant in writing thereof, then Tenant shall cause its employees, agents,
contractors and invitees not to park in such exclusive spaces.



39. RESERVATIONS.




     Landlord reserves to itself the right, from time to time, to grant, without the consent or
joinder of Tenant, such easements (including reciprocal easements affecting the Premises and other
buildings within the Project), rights and dedications that Landlord deems necessary, and to cause
the recordation of parcel maps and restrictions, so long as such easements, rights,



37









 







dedications, maps and restrictions do not unreasonably interfere with the use of the Premises
by Tenant. Tenant agrees to sign any documents reasonably requested by Landlord to effectuate any
such easement rights, dedication, map or restrictions, and to abide by the terms of any such
restrictions and/or agreements.



40. PERFORMANCE UNDER PROTEST.




     If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party
to the other under the provisions hereof, the Party against whom the obligation to pay the money is
asserted shall have the right to make payment “under protest” and such payment shall not be
regarded as a voluntary payment and there shall survive the right on the part of said Party to
institute suit for recovery of such sum. If it shall be adjudged that there was no legal
obligation on the part of said Party to pay such sum or any part thereof, said Party shall be
entitled to recover such sum or so much thereof as it was not legally required to pay.



41. AUTHORITY.




     If either Party hereto is a corporation, trust, limited liability company, partnership, or
similar entity, each individual executing this Lease on behalf of such entity represents and
warrants that he or she is duly authorized to execute and deliver this Lease on its behalf. Tenant
shall deliver to Landlord satisfactory evidence of such authority.



42. CONFLICT.




     Any conflict between the printed provisions of this Lease and the typewritten or handwritten
provisions shall be controlled by the typewritten or handwritten provisions.



43. OFFER.




     Preparation of this Lease by either Party or their agent and submission of same to the other
Party shall not be deemed an offer to sublease to the other Party. This Lease is not intended to
be binding until executed and delivered by all Parties hereto.



44. AMENDMENTS.




     This Lease may be modified only in writing, signed by the Parties in interest at the time of
the modification. As long as they do not materially change Tenant’s obligations hereunder, Tenant
agrees to make such reasonable non-monetary modifications to this Lease as may be reasonably
required by a Lender in connection with the obtaining of normal financing or refinancing of the
Premises.



45. MULTIPLE PARTIES.




     If more than one person or entity is named herein as either Landlord or Tenant, such multiple
Parties shall have joint and several responsibility to comply with the terms of this Lease.



38









 





46. UNAVOIDABLE DELAYS.




     If the performance of Landlord of any act required herein, including, without limitation, the
design, planning, permitting, construction and completion of the Tenant Improvements, is prevented
or delayed by reason of strikes, lockouts, labor disputes, governmental delays, acts of God, fire,
floods, epidemics, freight embargoes, unavailability of materials and supplies, development
moratoriums imposed by any governmental authority, or other causes beyond the reasonable control of
Landlord, Landlord shall be excused from performing that obligation for the period equal to the
period of prevention or delay.



47. [INTENTIONALLY OMITTED].




48. FINANCIAL INFORMATION.




     Tenant shall furnish Landlord with true and complete copies of (i) Tenant’s most recent
audited annual financial statements within one hundred eighty (180) days of the end of each of
Tenant’s fiscal years, (ii) Tenant’s most recent unaudited quarterly financial statements,
certified by Tenant’s Chief Financial Officer as fairly representing the financial condition and
result of operations of Tenant as of the end of such fiscal quarter, within forty-five (45) days of
the end of each of Tenant’s first three (3) fiscal quarters of each of Tenant’s fiscal year, all of
which shall be treated by Landlord as confidential information belonging to Tenant, and (iii) any
other financial information or summaries that Tenant typically provides to its lenders or
shareholders.



49. INTERPRETATION.




     Neither Party hereto nor their respective attorneys shall be deemed the drafter of this Lease
for purposes of interpreting or construing any of the provisions of this Lease in any judicial
proceeding which may hereafter arise between the Parties or their respective assigns or
successors-in-interest. This Lease shall be interpreted in accordance with the fair meaning
thereof, and not strictly for or against any Party hereto. Tenant acknowledges that it has read
this Lease in its entirety and has had the opportunity to freely negotiate any or all of the terms
hereof before executing the same.



50. RULES AND REGULATIONS.




     Tenant shall comply with the rules and regulations attached hereto as Exhibit F with
respect to the Building (including the Common Areas) and the Project, as the same may be amended,
modified and supplemented by Landlord from time to time (the “Rules”). Landlord shall have the
right at all times to amend, modify and/or supplement the Rules in any manner as Landlord may deem
advisable in its sole discretion; provided, that (i) any amendment, modification or supplement to
the Rules shall not materially increase Tenant’s obligations under this Lease or materially
decrease Tenant’s rights under this Lease, and (ii) Landlord will provide Tenant with all
amendments, modifications and supplements to the Rules. Landlord shall not be responsible to Tenant
for the non-compliance by any other tenant or occupant of the Building or the Project with any of
the Rules. In the event of any conflict between any Rule and any provision contained in this
Lease, the provision contained in this Lease shall control.



39









 





51. CONFIDENTIALITY.




     Tenant and Landlord acknowledge that the Premises contain highly confidential and proprietary
information. Accordingly, both Parties agree as follows:



          (i) To use all reasonably appropriate measures to avoid receipt of any information or
materials which either Party know or have reason to know contains confidential trade secrets or
other proprietary information (“Confidential Information”), including but not limited to,
refraining from, receiving or obtaining any Confidential Information from an owner without such
owners consent; and




          (ii) To immediately notify the other if a Party believes it has received Confidential
Information, to prohibit disclosure of such Confidential Information to a third party, and to
immediately return any documents or other tangible evidence of such Confidential Information to the
other; and




          (iv) To put their employees, directors, subcontractors and agents on notice of their
obligations set forth herein.




          Both Parties acknowledge that the unauthorized disclosure of Confidential Information to the
other, or to third parties, would cause irreparable business harm for which damages alone are not
an adequate remedy. Accordingly, both Parties agree that either Party shall be entitled to
injunctive relief to immediately cease any actual or potential misuse or unauthorized disclosure of
Confidential Information.




52. RIGHT OF SECOND REFUSAL.




     52.1 Right of Second Refusal. Tenant shall have a right of second refusal on the Second
Refusal Space (as defined below) during the first three (3) years of the Term subject to the terms
and conditions set forth in this Paragraph 52 (the “Right of Second Refusal”). As used herein,
“Second Refusal Space” shall mean the space constituting approximately 10,476 RSF in Section E1 of
the Building, as depicted on Exhibit G hereto. The Second Refusal Space is presently
vacant, but subject to a right of first refusal (“Right of First Refusal”) in favor of GlobeImmune,
Inc. (“GlobeImmune”), another tenant in the Building. Landlord shall provide written notice to
Tenant (a “Second Refusal Notice”) of any bona fide offer to lease the Second Refusal Space or any
portion thereof that Landlord receives during the Term of this Lease and which Landlord is willing
to accept (an “Offer”), provided that GlobeImmune has declined to exercise its Right of First
Refusal with respect to the same. Tenant shall have five (5) business days after receipt of
Landlord’s notice to exercise its Right of Second Refusal by providing Landlord with an irrevocable
written notice (“Election Notice”) that Tenant elects to lease all of the Second Refusal Space
described in the Offer on the same terms and conditions as set forth in the Offer (and Tenant shall
not be permitted to lease less than all of the Second Refusal Space described in the Offer);
provided, however, if Landlord receives Tenant’s Election Notice on or before August 1, 2006, then
Base Rent for the Second Refusal Space shall be the lesser of (i) the initial Base Rent set forth
in the Offer, and (ii) the Base Rent applicable to the Premises on the date that the Second Refusal
Space becomes part of the “Premises” hereunder. In the event that Landlord does not receive
Tenant’s written election to exercise the Right of Second Refusal



40









 







within five (5) business days after the date of the Second Refusal Notice, then Tenant shall
be deemed to have declined to exercise its Right of Second Refusal with respect thereto and
Landlord shall be free to sublease the space described in the Offer to any third party on the terms
and conditions contained in the Offer or such other economic terms and conditions that (taken as a
whole) are not less favorable (to a tenant) by more than ten percent (10%).



     52.2 Terms and Conditions. In the event Tenant duly and timely delivers its Election Notice
to Landlord, then Landlord shall prepare an amendment to this Lease (or a direct lease, if Landlord
desires), pursuant to which Tenant shall lease the Second Refusal Space from Landlord, upon and
subject to the same terms and conditions contained in this Lease except as follows: (i) Tenant
shall accept the Second Refusal Space in its then “As-built” and “AS IS” condition without any
obligation of Landlord to repaint, remodel, improve or alter the Second Refusal Space for Tenant’s
occupancy or to provide Tenant any allowance therefor; (ii) Landlord shall deliver the Second
Refusal Space to Tenant no later than thirty (30) days after Landlord regains possession of such
space (if such space is not vacant at such time); (iii) the term of Tenant’s lease of the Second
Refusal Space, and obligation to pay Rent therefor, shall commence on such delivery date and
continue for the remaining Term; (iv) upon such delivery, the Second Refusal Space shall be part of
the Premises under this Lease, such that the term “Premises” in this Lease thereafter shall refer
to the space then leased immediately prior to such delivery, plus the Second Refusal Space; and (v)
as otherwise expressly provided in this Paragraph 52.



     52.3 Termination of Right of Second Refusal. Upon the occurrence of any of the following
events, Landlord shall have the option, exercisable at any time prior to the commencement of the
term as to the Second Refusal Space, to terminate all of the provisions of this Paragraph 52,
whereupon all rights of Tenant pursuant to the Right of Second Refusal shall terminate and shall be
of no further force and effect:



          (a) The existence at either (i) the time of exercise of the Right of Second Refusal, or (ii)
the commencement of the term of the Second Refusal Space, of a Default or Breach on the part of
Tenant under this Lease.




          (b) Tenant is not, immediately prior to exercise of the Right of Second Refusal, in occupancy
of at least ninety percent (90%) of the Premises then leased to Tenant.




          (c) Notwithstanding anything to the contrary contained herein, the Right of Second Refusal
shall terminate on August 1, 2008.




     52.4 No Transfer of Right. This Right of Second Refusal is personal to Tenant and shall not
be transferable or assignable, by operation of law or otherwise, voluntarily or involuntarily, to
any assignee of this Lease, or sublessee of all or any part of the Premises, or any other person or
entity, other than any assignee or sublessee to which Landlord has given its consent in accordance
with Paragraph 12 above and other than a Permitted Transferee. Time shall be of the essence with
respect to all of the provisions of this Paragraph 52.



53. OPTION TO EXTEND.




     53.1 Grant of Option. Landlord hereby grants to Tenant an option to extend the Term of this
Lease (“Option”) for a period of five (5) years (“Option Term”), subject to all of the



41









 







provisions of this Lease except that: (i) Base Rent shall be adjusted in accordance with
Paragraph 53.2 below; and (ii) Tenant shall not be permitted to extend the Term beyond the Option
Term. Tenant may exercise the Option if and only if (A) Tenant is not then in Default or in
Breach, and (B) Landlord receives from Tenant an irrevocable written notice exercising the Option
at least nine (9) months, but not sooner than twelve (12) months, before the Expiration Date. If
Tenant commits a Default during the period after the exercise of the Option but prior to the
commencement date of the Option Term, and fails to cure such Default within the applicable cure
period (but no later than the day immediately prior to the commencement of the Option Term if
earlier), then in Landlord’s sole discretion, Landlord may treat Tenant’s election to exercise the
Option as ineffective, in which event this Lease shall expire on the Expiration Date as if Tenant
had not given such notice.



     53.2 Fair Market Rental Value. The Base Rent for the first (1st) year of the
Option Term shall be the then Fair Market Rental Value (as defined below) for comparable space in
the Building and in comparable buildings in Boulder and Broomfield Counties, Colorado (“Comparable
Buildings”). Base Rent for the second (2nd) and third (3rd) year of the
Option Term shall be increased, on the anniversary of the commencement date of the Option Term, by
three percent (3%) over the Base Rent for the prior twelve (12) month period. As used in this
Lease, “Fair Market Rental Value” shall mean one hundred percent (100%) of the rental rate per
rental square foot agreed to be paid by tenants for comparable space in the Building and in
Comparable Buildings, in non-sublease, non-affiliated, arms-length transactions within the prior
ninety (90) day period, with appropriate adjustments for the condition of the premises, length of
lease, age and amenities of Comparable Buildings, any tenant improvement allowances and other
tenant concessions, and the type of lease.



     53.3 Negotiation Period. Within ten (10) business days after receipt of Tenant’s written
notice of its election to exercise the Option, Landlord shall inform Tenant of the Fair Market
Rental Value applicable for the Option Term. Within five (5) days after Tenant’s receipt of
Landlord’s determination of Fair Market Rental Value, Tenant shall either (a) accept Landlord’s
statement of Fair Market Rental Value as the initial Base Rent for the Option Term, or (b) notify
Landlord in writing that Tenant elects to negotiate with Landlord for a period of thirty (30) days
(the “Negotiation Period”) in order to reach a mutually agreeable determination of the initial Base
Rent for the Option Term. Failure on the part of Tenant to notify Landlord in writing that Tenant
elects to negotiate the initial Base Rent for the Option Period within such five (5) day period
shall constitute acceptance of the initial Base Rent for the Option Term as calculated by Landlord.



     53.4 Election for Appraisal. In the event that the Parties fail to mutually determine the
initial Base Rent for the Option Term, Tenant may elect, by written notice to Landlord prior to the
expiration of the Negotiation Period, that the Fair Market Rental Value be determined pursuant to
the appraisal process set forth in Paragraph 53.5 below (the “Appraisal”). Failure on the part of
Tenant to elect such Appraisal process by the end of the Negotiation Period shall constitute
acceptance of the initial Base Rent for the Option Term as calculated by Landlord. If Tenant
elects to determinate the Fair Market Rental Value pursuant to the Appraisal process, the Appraisal
shall be concluded within forty-five (45) days after the date of Tenant’s election, subject to
extension for an additional fifteen (15) day period if a third (3rd) appraiser is
required and does not act in a timely manner. To the extent that the Appraisal has not been
completed



42









 







prior to the expiration of any preceding period for which Base Rent has been determined,
Tenant shall pay Base Rent at the rate calculated by Landlord, with an adjustment to be made once
Fair Market Rental Value is ultimately determined by such Appraisal.



     53.5 Appraisal Procedure. In the event that Tenant elects to determine the Fair Market Rental
Value pursuant to an Appraisal process, the Appraisal shall be conducted as follows:



          (a) Tenant shall make a demand for an Appraisal in writing in accordance with Paragraph 53.4
above, wherein Tenant shall specify the name and address of the person to act as the appraiser on
its behalf. The appraiser shall be either (A) qualified as a real estate appraiser (and shall be a
member of the American Institute of Real Estate Appraisers (MAI) or any comparable successor
organization), or (B) a licensed real estate broker, in either case with at least ten (10) years
professional experience in appraising or leasing (as applicable) commercial properties in Boulder
and Broomfield Counties, Colorado. Failure on the part of Tenant to make a proper appointment in a
timely manner for such Appraisal shall constitute a waiver of the right thereto. Within fifteen
(15) days after the service of the demand for such Appraisal, Landlord shall give notice to Tenant,
specifying the name and address of the person designated by Landlord to act as the appraiser on its
behalf who shall be similarly qualified.




          (b) In the event that two (2) appraisers are chosen pursuant to Paragraph 53.5(a) above, the
appraisers so chosen shall, within fifteen (15) days after the second appraiser is appointed,
determine the Fair Market Rental Value. If the two (2) appraisers are unable to agree upon a
determination of Fair Market Rental Value within such fifteen (15) day period, they, themselves,
shall appoint a third (3rd) appraiser, who shall be a competent and impartial person with
qualifications the same as required of the first two (2) appraisers pursuant to Paragraph 53.5(a)
above. In the event they are unable to agree upon such appointment within seven (7) days after
expiration of said fifteen (15) day period, the third (3rd) appraiser shall be selected by the
Parties themselves, if they can agree thereon, within a further period of ten (10) days. If the
Parties do not so agree, then either Party, on behalf of both, may request appointment of such a
qualified person by the then Presiding Judge of the Superior Court in and for the County of
Boulder, Colorado, acting in his private and not in his official capacity, and the other Party
shall not raise any question as to such Judge’s full power and jurisdiction to entertain the
application for and make the appointment.




          (c) Where the Fair Market Rental Value cannot be resolved by agreement between the two (2)
appraisers selected by Landlord and Tenant or settlement between the Parties during the course of
the Appraisal process, the Fair Market Rental Value shall be determined by the three appraisers
within fifteen (15) days of the appointment of the third (3rd) appraiser in accordance with the
following procedure: The appraiser selected by each of the Parties shall state in writing his or
her determination of the Fair Market Rental Value supported by the reasons therefor with
counterpart copies to each Party. The appraisers shall arrange for a simultaneous exchange of such
proposed resolutions. The role of the third (3rd) appraiser shall be to select which of the two (2)
proposed resolutions more closely approximates his or her determination of the Fair Market Rental
Value. The third (3rd) appraiser shall have no right to propose a middle ground or any modification
of either of the two (2) proposed resolutions. The


43









 







resolution he or she chooses as more closely approximating his or her determination shall
constitute the decision of the appraisers and be final and binding upon the Parties.




          (d) In the event of a failure, refusal or inability of any appraiser to act, his or her
successor shall be appointed by him or her, but in the case of the third (3rd) appraiser, his or
her successor shall be appointed in the same manner as provided for appointment of the third (3rd)
appraiser. Any decision in which the appraiser appointed by Landlord and the appraiser appointed by
Tenant concur shall be binding and conclusive upon the Parties. Each Party shall pay the fee and
expenses of its respective appraiser and both shall share the fee and expenses of the third (3rd)
appraiser, if any.




     53.6 Fees for Appraisal. To the extent that the Appraisal has not been completed prior to the
Expiration Date, Tenant shall pay Base Rent at the rate calculated by Landlord, with an adjustment
to be made once Fair Market Rental Value is ultimately determined.



     53.7 No Transfer of Option. The Option granted to Tenant is personal to Tenant and shall not
be transferable or assignable, by operation of law or otherwise, voluntarily or involuntarily, to
any assignee of this Lease, or sublessee of all or any part of the Premises, or any other person or
entity, other than any assignee or sublessee to which Landlord has given its consent in accordance
with Paragraph 12 above and other than a Permitted Transferee. Time shall be of the essence with
respect to all of the provisions of this Paragraph 53.



44









 





     IN WITNESS WHEREOF, the Parties have executed this Lease as of the date first hereinabove
written.



	 	 	 
	 

	 	LANDLORD:
	 
	 	 
	 

	 	TRIUMPH 1450 LLC,
	 

	 	a Colorado limited liability company






	 	 	 
	 

	 	By: /Ronald D. Boraks/
	 

	 	 
	 

	 	Name:  Ronald D. Boraks
	 

	 	Its:       Manager
	 
	 	 
	 

	 	TENANT:
	 
	 	 
	 

	 	REPLIDYNE, INC.,

	 

	 	a Delaware corporation






	 	 	 	 	 
	 

	 	By:
	 	/Kenneth J. Collins/
	 

	 	 	 	 
	 	 	Name: Kenneth J. Collins
	 	 	Its:       President and CEO







45










 







EXHIBIT A 




DEPICTION OF PREMISES




CLEANROOM 3,423 RSF

OFFICE SPACE 25,576 RSF

LAB SPACE 12,709 RSF

STORAGE SPACE 765 RSF

NEW OFFICE SPACE 13,725 RSF









 









 





EXHIBIT B




RELEASE




          I,
                                        
(print name), hereby acknowledge that I, as
an employee of
                     (insert name of employer), have voluntarily chosen to
make use of some or all of the sports or fitness facilities, including without limitation, the
outdoor basketball and volleyball courts (collectively, the
“Facilities”) made available by
                      
(“Landlord”) and located on the property at 1450 Infinite Drive, Louisville,
Colorado.




     I ACKNOWLEDGE THAT THE FACILITIES ARE NOT SUPERVISED, ARE USED BY OTHERS, AND THAT THEIR USE
MAY BE A HAZARDOUS ACTIVITY. I AM VOLUNTARILY USING THE FACILITIES OFFERED BY LANDLORD, WITH
KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ASSUME ANY AND ALL RISKS OF DAMAGE, INJURY
AND DEATH ARISING OUT OF MY USE OF THE FACILITIES.



     PLEASE INITIAL:                     



     As a lawful consideration for being permitted by Landlord to make use of the Facilities, I
hereby agree that I, my heirs, distributes, guardians, legal representatives and assigns will not
make a claim against, sue, attach the property of, or prosecute, Landlord and its shareholders,
directors, officers, employees, agents, subsidiaries, affiliates, successors or assigns
(individually, a “Landlord Party” and collectively, the “Landlord Parties”) for any damages,
losses, liabilities, judgments, claims, causes of action, demands, expenses, costs, fines,
penalties and attorneys’ fees (collectively, “Claims”) resulting from or in connection with (i)
the Facilities, (ii) the undersigned’s use of the Facilities, or (iii) any act or omission of any
Landlord Party with respect the Facilities or the undersigned’s use thereof. I hereby release each
and every Landlord Party from all Claims that I, my heirs, distributes, guardians, legal
representatives, or assigns now have or may hereafter have, with respect to (1) the Facilities,
(2) the undersigned’s use of the Facilities, or (3) any act or omission of any Landlord Party with
respect the Facilities or the undersigned’s use thereof.



     I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS, I AM AWARE THAT THIS
IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND LANDLORD. I SIGN THIS AGREEMENT ON MY
OWN FREE WILL.



	 	 	 	 	 	 	 	 	 
	By:

	 	 	 	 	 	Date:	 	 
	 

	 	 
	 	 	 	 	 	 
	 

	 	(signature)	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	 	 	 	 	 
	(printed name)
	 	 	 	(print name of employer)







 









 





EXHIBIT C




LIST AND QUANTITIES OF HAZARDOUS SUBSTANCES




 









 





Replldyne, Inc.

Active List of Reagents, General Use

August, 2005




	 	 	 
	Reagent Name	 	Amount*
	1 step NBT/BCIP

	 	250 mL
	1-Butanol

	 	500 mL
	2-Mercaptoethanol

	 	250 mL
	2-propanol

	 	2.5 L
	30% Acrylamlde/Bis 37.5:1

	 	1500 mL
	30%Acrylamide/Bis29:1

	 	500 mL
	40% Acrylamide/Bis 19:1

	 	500 mL
	Acetic Acid

	 	8 L
	Acetone

	 	1 L
	Acetonitrile

	 	1 L
	Acrylamide 99.9%

	 	200 g
	Adenosine 5’-Triphosphate

	 	5 g
	Adenosine-5’-O-(3-thiotriphosphate)

	 	200 mmol
	Agarose

	 	750 g
	Albumin, Bovine

	 	200 g
	Alumina

	 	500 g
	Ammonium Bicarbonate

	 	500 g
	Ammonium Chloride

	 	1000 g
	Ammonium Foramte

	 	500 g
	Ammonium Persulfate

	 	200 g
	Ammonium Sulfate

	 	10 kg
	Amonium Formate

	 	500 g
	Ampicillin Sodium Salt

	 	400 g
	Bacto-Argar

	 	500 g
	Bentonlte

	 	500 g
	Benzamldlne

	 	5 g
	Betaine

	 	500 g
	Bis

	 	1500 g
	Blue Dextran

	 	10 g
	Boric Acid

	 	10 g
	Brain Heart Infusion

	 	500 g
	Bromophenol Blue Aqueous

	 	500 g
	Buffer-Saturated Phenol

	 	100 mL
	Calcium Chloride

	 	500 g
	Calcium Sulfate

	 	500 g
	Calf thymus DNA

	 	250 mg
	Carbowax PEG 8000

	 	12 kg
	Casltone Media

	 	500 g
	Cesium Chloride

	 	1 kg
	Chloramphenicol

	 	100 g
	Chloroform

	 	2.5 L
	Citric Acid Anhydrous

	 	2000 g
	Coomassie Plus Protien Assay Reagent

	 	950 mL
	Count Off

	 	2 L
	Crystal Violet

	 	25 g






Page 1









 





Replidyne, Inc.

Active List of Reagents, General Use

August, 2005




	 	 	 
	Reagent Name	 	Amount*
	Cytldine-5’-triphosphate

	 	5 g
	d-Biotin

	 	25 g
	Deoxyadenosine-5’-triphosphate

	 	5 g
	Deoxycholic Acid, Sodium Salt

	 	100 g
	Deoxycytidine-5’-triphosphate

	 	5 g
	Deoxyguanosine-5’-triphosphate

	 	5 g
	Dextrose

	 	500 g
	Dithiothreitol

	 	1 kg
	DMSO

	 	1 L
	DNA replication enzymes

	 	3 g
	DNA, various sources

	 	100 mg
	Dnase I

	 	100 mg
	Drierite

	 	3 kg
	D-Sorbitol

	 	5 kg
	Ecosclnt-O

	 	12 L
	EDTA

	 	500 g
	Ethanol

	 	20 L
	Ethidium bromide

	 	5 g
	Faropenem Medoxomil

	 	250 kg
	Ferric Chloride

	 	250 g
	Formamide

	 	1 L
	Glucose

	 	1 kg
	Glycine

	 	4 kg
	Guanosine-5’-triphosphate

	 	5 g
	Gylcerln

	 	40 L
	HEPES

	 	500 g
	Imidazole

	 	500 g
	IPTG

	 	100 g
	Iso-Amyl Alcohol

	 	500 mL
	Kanamycin

	 	5 g
	L-glutmaic acid

	 	1 kg
	Lysol I.C.

	 	1 gallon
	Lysozyme

	 	100 g
	M13mp18 RF DNA

	 	10 mg
	Magnesium Acelate

	 	1000 g
	Magnesium Chloride

	 	500 g
	Magnesium Sulfate

	 	1000 g
	MES

	 	100 g
	Methanol

	 	20 L
	Mineral Oil

	 	1 L
	Murine IgG Immunoglogulin

	 	1 mL
	Nickel Sulfate

	 	100 g
	No count Radioactive Decontaminant

	 	8 oz
	n-Octyl-B-D-glucopyranoside

	 	5 g
	Nonldet P-40

	 	500 mL
	pH standard Buffers

	 	2000 mL
	Phenylmethyldulfonyl-Fluoride

	 	5 g
	Picogreen

	 	4 mL
	Poly(dA-dC)Poly(dG-dT)

	 	5 units
	Polydeoxyadenylic acid

	 	25 units






Page 2









 





Replidyne, Inc.

Active List of Reagents, General Use

August, 2005




	 	 	 
	Reagent Name	 	Amount*
	polyoxyethylene 20 cetyl Ether

	 	500 g
	Potassium Acetate

	 	3 kg
	Potassium chloride

	 	3 kg
	potassium- phosphate dibasic

	 	3 kg
	potassium- phosphate monobasic

	 	3 kg
	Protamine Sulfate

	 	5 g
	Proteose peptone #3

	 	500 g
	Rabbit IgG Immunoglogulin

	 	1 mL
	Radioactive Decontaminant

	 	8 oz
	Radioactive Isotope C14

	 	1 mCl
	Radioactive Isotope H3

	 	1 mCl
	Radioactive Isotope P32

	 	1 mCi
	Radioactive Isotope S35

	 	1 mCi
	Restriction enzymes

	 	5000 units
	Rifampicin

	 	100 mg
	SDS

	 	500 g
	Silica Gel Desiciant

	 	2.5 kg
	Sodium acetate

	 	500 g
	Sodium Azide

	 	100 g
	Sodium Bicarbonate

	 	500 g
	Sodium Borate

	 	500 g
	Sodium Chloride

	 	3 kg
	Sodium citrate

	 	1500 g
	Sodium Hydroxide

	 	500 g
	Sodium Hydroxide 10 N Soultion

	 	3 L
	Sodium phosphate

	 	1 kg
	Sodium phosphate

	 	1 kg
	Sodium phosphate, dibasic

	 	1 kg
	Sodium Pyrophosphale

	 	9 kg
	Sodium Sulfate

	 	500 g
	Spermidine

	 	200 g
	Streptavidin_alkaline Phosphatase Conjugate

	 	4 mL
	Sucrose

	 	6 kg
	SYBR Gold

	 	1 mL
	T4 Polynucleotide kinase

	 	200 units
	T7 DNA polymerase

	 	200 units
	TEMED

	 	100 gm
	Tetracycline

	 	5 g
	THAM

	 	2 kg
	Thymldine-5’-triphosphate

	 	5 g
	Todd Hewitt Broth

	 	10 kg
	Topoisomerase IV

	 	5 mg
	Trichloroacetic Acid

	 	1 kg
	Trichloroautic Acid

	 	500 g
	Tricine

	 	100 g
	Tricine

	 	500 g
	Triethylamine

	 	500 mL
	Tris

	 	10 kg
	Tris-glycine-SDS

	 	400 g
	Triton X-1 00

	 	500 mL






Page 3









 






Replidyne, Inc.

Active List of Reagents, General Use

August, 2005




	 	 	 
	Reagent Name	 	Amount*
	Trypticase Soy Broth

	 	1000 g
	Tryptone Peptone

	 	3 kg
	Tween-20

	 	500 mL
	Urea

	 	3 kg
	Urldine-5’-triphosphate

	 	5 g
	Xylene Cyanole FF

	 	25 g
	Yeast Extract

	 	10 kg
	Zinc Sulfate

	 	1 kg








 




			
	*	 	Listed amounts represent quantities in actual use or storage on the Premises.
The maximum quantity of each reagent in use or in storage at the Premises at any given
time, is approximately four times the listed amount. The maximum annual quantity of
each reagent used and stored on the Premises is approximately ten times the listed
amount.






Page 4









 








Replidyne, Inc.

Active List of Reagents

August, 2005




	 	 	 
	Reagent Name	 	Amount*
	 	 	 
	((3s)-(3-1,2,3,4-Tetrahydroisoquinolyl))-N-(Tertbutyl)Carboxamide

	 	Research Quantity
	(-)-Menthyl Chloroformate

	 	Research Quantity
	(+)-1-(9-Fluorenyl)Ethyl Chloroformate

	 	Research Quantity
	(1r,2s)-(-)-Ephedrine

	 	Research Quantity
	(1r,2s)-1-Amino-2-lndanol

	 	Research Quantity
	(1s,2r)-(-)-Cis-1-Amino-2-lndanol

	 	Research Quantity
	(2-Bromoethyl)Benzene

	 	Research Quantity
	(2-Methoxy-5-Phenyl)Phenyl Isothlocyanate

	 	Research Quantity
	(2r,8as)-(+)-(Camphorylsulfonyl)Oxaziridine

	 	Research Quantity
	(3-Bromopropoxy)-Tert-Butyldimethylsilane

	 	Research Quantity
	(3s)-2-Carbobenzoxy-1,2,3,4-Tetrahydroisoquinoline-3-Carboxylic Acid

	 	Research Quantity
	(R)-(-)-Epichlorohydrin

	 	Research Quantity
	(S)-(+)-3-Bromo-2-Methyl-1-Propanol

	 	Research Quantity
	(S)-(+)-3-Hydroxytetrahydrofuran

	 	Research Quantity
	(S)-3-Hydroxypyrrolidine

	 	Research Quantity
	[(3s)-4-Azabicyclo[4.4.0]Dec-3-Yl]-N-(Tert-Butyl)Carboxamide

	 	Research Quantity
	[1,1’-Biphenyl]-4,4’-diamine

	 	Research Quantity
	[1,1’-Biphenyl]-4,4’-diamine, 3,3’-dichloro-

	 	Research Quantity
	[1,1’-Biphenyl]-4,4’-diamine, 3,3’-dimethoxy-

	 	Research Quantity
	[1,1’-Biphenyl]-4,4’-diamine, 3,3’-dimethyl-

	 	Research Quantity
	1-(2-Bromo-EthyI)-1h-Pyrazole

	 	Research Quantity
	1-(2-Pyridyl)-2-Thiourea

	 	Research Quantity
	1-(3-Dimethylaminopropyl)-3-Ethylcarbodilmide Hydrochloride

	 	Research Quantity
	1-(4-Chlorophenyl)-1h-Pyrrole-2-Carbaldehyde

	 	Research Quantity
	1-(Bromomethyl)lsoquinoline Hydrobromide

	 	Research Quantity
	1-(o-Chlorophenyl)thiourea

	 	Research Quantity
	1,1,1,2-Tetrachloroethane

	 	Research Quantity
	1,1,2,2-Tetrachloroethane

	 	Research Quantity
	1,1,2-Trichloroethane

	 	Research Quantity
	1,1-Dichloroethyiene

	 	Research Quantity
	1,1-Dimethylhydrazine

	 	Research Quantity
	1,2,3,4-Tetrahydroisoquinoline-3-Carboxylic Acid

	 	Research Quantity
	1,2,3,4-Tetrahydroisoquinoline-3-Carboxylic Acid Hydrochloride

	 	Research Quantity
	1,2,4,5-Tetrachlorobenzene

	 	Research Quantity
	1,2,4,5-Tetrazine, 3,6-Di-2-Pyridinyl-

	 	Research Quantity
	1,2:3,4-Diepoxybutane

	 	Research Quantity
	1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester

	 	Research Quantity
	1,2-Benzenedicarboxylic acid, dibutyl ester

	 	Research Quantity
	1,2-Benzenedicarboxylic acid, diethyl ester

	 	Research Quantity
	1,2-Benzenedicarboxylic acid, dimethyl ester

	 	Research Quantity
	1,2-Benzenedicarboxylic acid, dioctyl ester

	 	Research Quantity
	1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino)ethyl]-, (R)-

	 	Research Quantity
	1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide, & salts

	 	Research Quantity
	1,2-Dibromo-3-chloropropane

	 	Research Quantity






Page 1









 






Replidyne, Inc.

Active List of Reagents

August, 2005




	 	 	 
	Reagent Name	 	Amount*
	 	 	 
	1,2-Dichloroethylene

	 	Research Quantity
	1,2-Dimethylhydrazine

	 	Research Quantity
	1,2-Diphenylhydrazine

	 	Research Quantity
	1,2-Ethanediamine

	 	Research Quantity
	1,2-Oxathiolane, 2,2-dioxide

	 	Research Quantity
	1,3,5-Trichlorobenzene

	 	Research Quantity
	1,3,5-Trinitrobenzene

	 	Research Quantity
	1,3,5-Trioxane, 2,4,6-trimethyl-

	 	Research Quantity
	1,3-Benzenediol

	 	Research Quantity
	1,3-Benzodioxol-4-ol, 2,2-dimethyl-

	 	Research Quantity
	1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate

	 	Research Quantity
	1,3-Benzodioxole, 5-(1-propenyl)-

	 	Research Quantity
	1,3-Benzodioxole, 5-(2-propenyl)-

	 	Research Quantity
	1,3-Benzodioxole, 5-propyl-

	 	Research Quantity
	1,3-Butadiene, 1,1,2,3,4,4-hexachloro-

	 	Research Quantity
	1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-

	 	Research Quantity
	1,3-Diaminopropane

	 	Research Quantity
	1,3-Diaminopropane Trityl Resin

	 	Research Quantity
	1,3-Dibromopropane

	 	Research Quantity
	1,3-Dichloro-5,5-Dimethylhydantoin

	 	Research Quantity
	1,3-Dichloropropene

	 	Research Quantity
	1,3-Isobenzofurandione

	 	Research Quantity
	1,3-Pentadiene

	 	Research Quantity
	1,3-Propane sultone

	 	Research Quantity
	1,4-Benzodioxan-6-YI Methyl Ketone

	 	Research Quantity
	1,4-Dichloro-2-butene

	 	Research Quantity
	1,4-Diethyleneoxide

	 	Research Quantity
	1,4-Dioxane

	 	Research Quantity
	1,4-Naphthalenedione

	 	Research Quantity
	1,4-Naphthoquinone

	 	Research Quantity
	1,5-Pentanediol

	 	Research Quantity
	10741sodium Hydrotris (3,5-Dimethylpyrazol-1-YI)Borate

	 	Research Quantity
	18-Crown-6

	 	Research Quantity
	1-Acetyl-2-thiourea

	 	Research Quantity
	1-Benzothiophen-2-Ylmethylamine

	 	Research Quantity
	1-Boc-3-Hydroxypiperidine

	 	Research Quantity
	1-Boc-3-Hydroxy-Pyrrolidine

	 	Research Quantity
	1-Boc-Indoline

	 	Research Quantity
	1-Bromo-3-Methoxypropane

	 	Research Quantity
	1-Bromo-3-Methyl-2-Butene

	 	Research Quantity
	1-Bromo-3-Methylbutane

	 	Research Quantity
	1-Bromoadamantane

	 	Research Quantity
	1-Butanamine, N-butyl-N-nitroso-

	 	Research Quantity
	1-Butanol

	 	Research Quantity






Page 2









 






Replidyne, Inc.

Active List of Reagents

August, 2005




	 	 	 
	Reagent Name	 	Amount*
	 	 	 
	1-Eth-1-Ynyl-4-Methoxybenzene

	 	Research Quantity
	1-Ethoxyvinyltri-N-Butyltin

	 	Research Quantity
	1-Formylindoline

	 	Research Quantity
	1H-1,2,4-Triazol-3-amine

	 	Research Quantity
	1h-Imidazole-4-Carboxylic Acid

	 	Research Quantity
	1 -Hydroxybenzotriazole

	 	Research Quantity
	1-Hydroxyethylethoxypiperazine

	 	Research Quantity
	1-lodopentane

	 	Research Quantity
	1-Methyl-1h-Imidazole-5-Carbonyl Chloride Hydrochloride

	 	Research Quantity
	1-Methyl-1h-Imidazole-5-Carboxaldehyde

	 	Research Quantity
	1-Methyl-4-Piperidone

	 	Research Quantity
	1-Methylbutadiene

	 	Research Quantity
	1-Methylimidazole

	 	Research Quantity
	1-Methylpyrrole-2-Carboxaldehyde

	 	Research Quantity
	1-Naphthalenamine

	 	Research Quantity
	1-Naphthalenesulfonyl Chloride

	 	Research Quantity
	1-Naphthalenol, methylcarbamate

	 	Research Quantity
	1-Naphthol

	 	Research Quantity
	1-Naphthyl Isocyanate

	 	Research Quantity
	1-Naphthyl Isothiocyanate

	 	Research Quantity
	1-Propanamine

	 	Research Quantity
	1-Propanamine, N-nitroso-N-propyl-

	 	Research Quantity
	1-Propanamine, N-propyl-

	 	Research Quantity
	1-Propanol, 2,3-dibromo-, phosphate (3:1)

	 	Research Quantity
	1-Propanol, 2-methyl-

	 	Research Quantity
	1-Propene, 1,1,2,3,3,3-hexachloro-

	 	Research Quantity
	1-Propene, 1,3-dichloro-

	 	Research Quantity
	1-Pyrrolidinecarbonyl Chloride

	 	Research Quantity
	2 ,4 -Dimethoxyacetophenone

	 	Research Quantity
	2
-Methoxy-Biphenyl-2-Carbaldehyde

	 	Research Quantity
	2-Trifluoromethyl-Biphenyl-2-Carbaldehyde

	 	Research Quantity
	2-(3-TrifluoromethyIphenoxy)-5-Nitrobenzaldehyde

	 	Research Quantity
	2-(4-Chlorophenoxy)Benzenecarbaldehyde

	 	Research Quantity
	2-(4-Chlorophenyl)Malondialdehyde

	 	Research Quantity
	2-(4-Fluorophenoxy)Benzenecarbaldehyde

	 	Research Quantity
	2-(4-Methylphenoxy)Benzenecarbaldehyde

	 	Research Quantity
	2-(4-Trifluoromethylphenoxy)-5-Nitrobenzaldehyde

	 	Research Quantity
	2-(Chloromethyl)-3,5-Dimethyl-4-Pyridinyl Methyl Ether, Hcl Salt

	 	Research Quantity
	2-(Chloromethyl)Quinoline Hydrochloride

	 	Research Quantity
	2-(Cyclohexylthio)-5-Nitrobenzaldehyde

	 	Research Quantity
	2-(Difluoromethoxy)-5-Nitrobenzaldehyde

	 	Research Quantity
	2,2

	 	Research Quantity
	2,2’-Bioxirane

	 	Research Quantity
	2,2-Dimethoxypropane

	 	Research Quantity






Page 3









 






Replidyne, Inc.

Active List of Reagents

August, 2005




	 	 	 
	Reagent Name	 	Amount*
	 	 	 
	2,2-Dimethyl-1,3-Propanediamine

	 	Research Quantity
	2,3,4,6-Tetrachlorophenol

	 	Research Quantity
	2,3-Diaminopyridine

	 	Research Quantity
	2,3-Dicyanopyrazine

	 	Research Quantity
	2,3-Difluorobenzaldehyde

	 	Research Quantity
	2,4 -Dibromoacetophenone

	 	Research Quantity
	2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2- chloroethyl)amino]-

	 	Research Quantity
	2,4,5-Trichlorophenol

	 	Research Quantity
	2,4,5-Trifluorobenzaldehyde

	 	Research Quantity
	2,4,6-Tribromophenol

	 	Research Quantity
	2,4,6-Trichlorophenol

	 	Research Quantity
	2,4-Dichloro-6,7-Dimethoxyquinazoline

	 	Research Quantity
	2,4-Dichlorophenol

	 	Research Quantity
	2,4-Difluorobenzaldehyde

	 	Research Quantity
	2,4-Dihydroxybenzaldehyde

	 	Research Quantity
	2,4-Dihydroxybenzoic Acid

	 	Research Quantity
	2,4-Dimethoxybenzylamine
Hydrochloride

	 	Research Quantity
	2,4-Dimethylphenol

	 	Research Quantity
	2,4-Dinitrophenol

	 	Research Quantity
	2,4-Dinitrophenylhydrazine

	 	Research Quantity
	2,4-Dinitrotoluene

	 	Research Quantity
	2,4-Lutidine

	 	Research Quantity
	2,4-Quinolinediol

	 	Research Quantity
	2,4-Thiazolidinedione

	 	Research Quantity
	2,5-Cyclohexadiene-1,4-dione

	 	Research Quantity
	2,5-Difluorobenzaldehyde

	 	Research Quantity
	2,5-Dihydroxybenzaldehyde

	 	Research Quantity
	2,5-Dihydroxybenzoic Acid

	 	Research Quantity
	2,5-Diiodobenzoic Acid

	 	Research Quantity
	2,5-Dimethoxybenzaldehyde

	 	Research Quantity
	2,5-Furandione

	 	Research Quantity
	2,6-Dichloro-4-(Chloromethyl)Pyridine

	 	Research Quantity
	2,6-Dichlorobenzaldehyde

	 	Research Quantity
	2,6-Dichlorophenol

	 	Research Quantity
	2,6-Difluorobenzaldehyde

	 	Research Quantity
	2,6-Dimethylbenzaldehyde

	 	Research Quantity
	2,6-Dinitrotoluene

	 	Research Quantity
	2,7-Naphthalenedisulfonic acid,

	 	Research Quantity
	2-[4-(Tert-Butyl)Phenoxy]-5-Nitrobenzaldehyde

	 	Research Quantity
	2-[4-(Trifluoromethyl)Phenyl]Benzaldehyde

	 	Research Quantity
	2-Acetamidophenol

	 	Research Quantity
	2-Acetylaminofluorene

	 	Research Quantity
	2-Acetylbutyrolactone

	 	Research Quantity
	2-Amino-3,5-Dimethylbenzoic Acid

	 	Research Quantity






Page 4









 






Replidyne, Inc.

Active List of Reagents

August, 2005




	 	 	 
	Reagent Name	 	Amount*
	 	 	 
	2-Amino-3-Bromo-5-Methylbenzoic Acid

	 	Research Quantity
	2-Amino-3-Methylpyridine

	 	Research Quantity
	2-Amino-5-Fluorobenzoic Acid Methyl Ester

	 	Research Quantity
	2-Amino-5-Methoxybenzoic Acid

	 	Research Quantity
	2-Amino-6-Fluorobenzoic Acid

	 	Research Quantity
	2-Aminopyridine

	 	Research Quantity
	2-Azetidinone

	 	Research Quantity
	2-Bromo-1-Indanol

	 	Research Quantity
	2-Bromo-2-Methylpropane

	 	Research Quantity
	2-Bromo-4-Nitrotoluene

	 	Research Quantity
	2-Bromobenzylamine Hydrochloride

	 	Research Quantity
	2-Bromomethyl-1,3-Dioxolane

	 	Research Quantity
	2-Bromopropane

	 	Research Quantity
	2-Bromopropionic Acid

	 	Research Quantity
	2-Butanone

	 	Research Quantity
	2-Butanone, 3,3-dimethyl

	 	Research Quantity
	2-Butanone, peroxide

	 	Research Quantity
	2-Butenal

	 	Research Quantity
	2-Butene, 1,4-dichloro-

	 	Research Quantity
	2-Chloro-4,6-Dimethoxy-1,3,5-Triazine

	 	Research Quantity
	2-Chloro-4,6-Dimethylpyrimidine

	 	Research Quantity
	2-Chloro-5-Chloromethylpyridine

	 	Research Quantity
	2-Chloro-5-Nitrobenzaldehyde

	 	Research Quantity
	2-Chloro-6-Fluorobenzaldehyde

	 	Research Quantity
	2-Chloro-6-Nitrobenzaldehyde

	 	Research Quantity
	2-Chloroacetanilide

	 	Research Quantity
	2-Chloroethyl vinyl ether

	 	Research Quantity
	2-Chloromethyl-3,4-Dimethoxy Pyridine Hcl

	 	Research Quantity
	2-Chloropyrimidine

	 	Research Quantity
	2-Chloroquinoxaline

	 	Research Quantity
	2-Cyanopyridine

	 	Research Quantity
	2-Cyclohexyl-4,6-dinitrophenol

	 	Research Quantity
	2-Cyclohexylethyl Bromide

	 	Research Quantity
	2-Dimethylaminoethyl Chloride Hydrochloride

	 	Research Quantity
	2-Ethyl-5-Formylimidazole

	 	Research Quantity
	2-Ethylhexanoic Acid

	 	Research Quantity
	2-Fluoro-3-(Trifluoromethyl)Benzaldehyde

	 	Research Quantity
	2-Fluoro-3-Methoxybenzaldehyde

	 	Research Quantity
	2-Fluoro-5-(Trifluoromethyl)Benzaldehyde

	 	Research Quantity
	2-Fluoro-5-lodobenzaldehyde

	 	Research Quantity
	2-Fluoro-5-Methoxybenzaldehyde

	 	Research Quantity
	2-Fluoro-5-Nitrobenzaldehyde

	 	Research Quantity
	2-Fluoro-5-Nitrobenzoic Acid

	 	Research Quantity
	2-Fluorobenzoic Acid

	 	Research Quantity






Page 5









 






Replidyne, Inc.

Active List of Reagents

August, 2005




	 	 	 
	Reagent Name	 	Amount*
	 	 	 
	2-Fluorobenzonitrile

	 	Research Quantity
	2-Furancarboxaldehyde

	 	Research Quantity
	2-Guanidinobenzimidazole

	 	Research Quantity
	2-Hydroxy-4-Methoxyaniline Hydrochloride

	 	Research Quantity
	2-Hydroxy-6-Methoxybenzaldehyde

	 	Research Quantity
	2-Hydroxyethyl Vinyl Ether

	 	Research Quantity
	2-Hydroxypyridine N-Oxide

	 	Research Quantity
	2-Hydroxypyrimidine

	 	Research Quantity
	2-Imidazolidinethione

	 	Research Quantity
	2-Indanamine Hydrochloride

	 	Research Quantity
	2-Iodo-2-Methylpropane

	 	Research Quantity
	2-Iodopropane

	 	Research Quantity
	2-Isopropoxyethanol

	 	Research Quantity
	2-Ketobutyric Acid

	 	Research Quantity
	2-Mercaptothiazoline

	 	Research Quantity
	2-Methoxy-4-Nitro-5-Methyl Aniline

	 	Research Quantity
	2-Methoxy-5-Nitrobenzaldehyde

	 	Research Quantity
	2-Methoxyacetophenone

	 	Research Quantity
	2-Methoxybenzylamine

	 	Research Quantity
	2-Methoxyethylamine

	 	Research Quantity
	2-Methoxyphenyl Isothiocyanate

	 	Research Quantity
	2-Methyl-1 ,5-Diphenyl-1h-Pyrrole-3-Carboxylic Acid

	 	Research Quantity
	2-Methyl-1h-Imidazole-4-Carbaldehyde

	 	Research Quantity
	2-Methyl-3-Butyn-2-OI

	 	Research Quantity
	2-Methyllactonitrile

	 	Research Quantity
	2-Morpholino-5-Nitrobenzaidehyde

	 	Research Quantity
	2-Naphthalenamine

	 	Research Quantity
	2-Nitro-4-(Trifluoromethyl)Benzoic Acid

	 	Research Quantity
	2-Nitropropane

	 	Research Quantity
	2-Phenyl-1h-Imidazole-4-Carbaldehyde

	 	Research Quantity
	2-Phenylbenzaldehyde

	 	Research Quantity
	2-Phenylethylamine

	 	Research Quantity
	2-Phenylindene

	 	Research Quantity
	2-Picoline

	 	Research Quantity
	2-Picolinonitrile-N-Oxide

	 	Research Quantity
	2-Propanone

	 	Research Quantity
	2-Propenamide

	 	Research Quantity
	2-Propenenitrile

	 	Research Quantity
	2-Propenenitrile, 2-methyl-

	 	Research Quantity
	2-Propenoic acid

	 	Research Quantity
	2-Propenoic acid, 2-methyl-, ethyl ester

	 	Research Quantity
	2-Propenoic acid, 2-methyl-, methyl ester

	 	Research Quantity
	2-Propenoic acid, ethyl ester

	 	Research Quantity
	2-Pyrrolidone

	 	Research Quantity






Page 6









 






Replidyne, Inc.

Active List of Reagents

August, 2005




	 	 	 
	Reagent Name	 	Amount*
	 	 	 
	2-Quinoxalinecarbonyl Chloride

	 	Research Quantity
	3-Chloro-Biphenyl-2-Carbaldehyde

	 	Research Quantity
	3-(2-Hydroxyethyl)Pyridine

	 	Research Quantity
	3,3 ,3 -Phosphinidynetris(Benzenesulfonic Acid) Trisodium Salt

	 	Research Quantity
	3,3 -Diethyloxadicarbocyanine Iodide

	 	Research Quantity
	3,3’-Dichlorobenzidine

	 	Research Quantity
	3,3’-Dimethoxybenzidine

	 	Research Quantity
	3,3-Dimethyl-1-Butanol

	 	Research Quantity
	3,3’-Dimethylbenzidine

	 	Research Quantity
	3,4-Dibromobenzaldehyde

	 	Research Quantity
	3,4-Dichlorobenzaldehyde

	 	Research Quantity
	3,4-Dichlorobenzylamine

	 	Research Quantity
	3,4-Difluorobenzaldehyde

	 	Research Quantity
	3,4-Dihydroxy-6-Nitrobenzaldehyde

	 	Research Quantity
	3,4-Dihydroxybenzaldehyde

	 	Research Quantity
	3,4-Dihydroxybenzoic Acid

	 	Research Quantity
	3,4-Dimethoxyaniline

	 	Research Quantity
	3,4-Dimethoxyphenethyl Isothiocyanate

	 	Research Quantity
	3,4-Methylenedioxyaniline

	 	Research Quantity
	3,5-Dibromo-2-Methoxybenzaldehyde

	 	Research Quantity
	3,5-Dibromobenzaldehyde

	 	Research Quantity
	3,5-Dibromosalicylaldehyde

	 	Research Quantity
	3,5-Dichloro-2-Methoxyacetophenone

	 	Research Quantity
	3,5-Dichloroaniline

	 	Research Quantity
	3,5-Dihydroxybenzoic Acid

	 	Research Quantity
	3,5-Dimethoxybenzylamine

	 	Research Quantity
	3,6-Pyridazinedione, 1,2-dihydro-

	 	Research Quantity
	3-Amino-4-Cyanopyrazole

	 	Research Quantity
	3-Amino-5-Methylisoxazole

	 	Research Quantity
	3-Aminoisonicotinic Acid

	 	Research Quantity
	3-Aminophenol

	 	Research Quantity
	3-Aminopyridine

	 	Research Quantity
	3-Bromo-4-Methylaniline

	 	Research Quantity
	3-Bromofuran

	 	Research Quantity
	3-Bromopropionic Acid

	 	Research Quantity
	3-Bromopropionitrile

	 	Research Quantity
	3-Butynyl P-Toluenesulfonate

	 	Research Quantity
	3-Chloro-2,2-Dimethylpropionic Acid

	 	Research Quantity
	3-Chloro-2-Fluorobenzaldehyde

	 	Research Quantity
	3’-Chloroacetanilide

	 	Research Quantity
	3-Chloroperoxybenzoic Acid

	 	Research Quantity
	3-Chloropropionitrile

	 	Research Quantity
	3-Cyano-4-Dimethylamino-2-Fluorobenzaldehyde

	 	Research Quantity
	3-Cyclohexyl-1-Propyne

	 	Research Quantity






Page 7









 






Replidyne, Inc.

Active List of Reagents

August, 2005




	 	 	 
	Reagent Name	 	Amount*
	 	 	 
	3-Ethyl-4-Methylaniline

	 	Research Quantity
	3-Ethynylpyridine

	 	Research Quantity
	3-Hexyn-2-One

	 	Research Quantity
	3-Hydroxy-2-Methylbenzoic Acid

	 	Research Quantity
	3-Hydroxypropionitrile

	 	Research Quantity
	3-Indoleacrylic Acid

	 	Research Quantity
	3-Iodo-4-Methylanilinc

	 	Research Quantity
	3-Iodobenzylamine Hydrochloride

	 	Research Quantity
	3-Isopropylphenyl N-methylcarbamate

	 	Research Quantity
	3-Methoxyacetophenone

	 	Research Quantity
	3-Methoxybenzylamine

	 	Research Quantity
	3-Methoxyphenyl Isocyanate

	 	Research Quantity
	3-Methoxyphenyl Isothiocyanate

	 	Research Quantity
	3-Methoxypropylamine

	 	Research Quantity
	3-Methylcholanthrene

	 	Research Quantity
	3-Methylindene-2-Carboxylic Acid

	 	Research Quantity
	3-Methylthiophene-2-Carboxaldehyde

	 	Research Quantity
	3-Nitro-6-(Piperidin-1-YI)Benzaldehyde

	 	Research Quantity
	3-Oxo-3-Thiophen-2-YI-Propionic Acid Ethyl Ester

	 	Research Quantity
	3-Phenyl-1-Propyne

	 	Research Quantity
	3-Phenylpropionaldehyde

	 	Research Quantity
	3-Picolyl Isothiocyanate Hydrobromide

	 	Research Quantity
	3-Picolylamine

	 	Research Quantity
	3-Pyridyl Isothiocyanate

	 	Research Quantity
	3-Tert-ButoxycarbonyIamino-Pyrrolidine-3-Carboxylic Acid

	 	Research Quantity
	4-Chloro-Biphenyl-2-Carbaldehyde

	 	Research Quantity
	4(1H)-Pyrimidinone, 2,3-dihydro-6-methyl-2-thioxo-

	 	Research Quantity
	4-(2-Formyiphenoxy)Benzenecarbonitrile

	 	Research Quantity
	4-(4-Fluorophenoxy)-3-Nitrobenzenecarbaldehyde

	 	Research Quantity
	4-(4-Morpholino)-3-Nitrobenzaldehyde

	 	Research Quantity
	4-(6-Methyl-2-Benzothiazolyl)Phenyl Isocyanate

	 	Research Quantity
	4(7)-Bromo-7(4)-Methyl-1-Indanone

	 	Research Quantity
	4-(Dimethylamino)Phenyl Isothiocyanate

	 	Research Quantity
	4-(Methylmercapto)Aniline

	 	Research Quantity
	4,4 -Dimethoxytrityl Chloride

	 	Research Quantity
	4,4’-Methylenebis(2-chloroaniline)

	 	Research Quantity
	4,5-Dibromothiophene-2-Carboxaldehyde

	 	Research Quantity
	4,6-Dichloro-1h-Indole-2-Carbonyl Chloride

	 	Research Quantity
	4,6-Dinitro-o-cresol, & salts

	 	Research Quantity
	4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a-hexahydro-

	 	Research Quantity
	4-Acetamido-2-Methylacetophenone

	 	Research Quantity
	4-Aminobenzotrifluoride Hydrochloride

	 	Research Quantity
	4-Aminophenol

	 	Research Quantity
	4-Aminopyridine

	 	Research Quantity






Page 8









 






Replidyne, Inc.

Active List of Reagents

August, 2005




	 	 	 
	Reagent Name	 	Amount*
	 	 	 
	4-Aminopyrimidine-5-Carbonitrile

4-Azidoaniline Hydrochloride

4-Bromo-1-Methyl-1h-Imidazole-5-Carboxaldehyde

4-Bromo-2-Thiophenecarboxaldehyde

4-Bromophenyl phenyl ether

4-Bromopyrole-2-Carboxaldehyde

4-Chloro-2-Nitrobenzaldehyde

4-Chloro-3-Nitrobenzaldehyde

4-Chloro-o-toluidine, hydrochloride

4-Chlorophenylacetylene

4-Chlorothiophenol

4-Cyanophenyl Isothiocyanate

4-Dimethylamino-2-Nitrobenzaldehyde

4-Dimethylaminopyridine

4-Ethylaniline

4-Ethynylaniline

4-Fluoroaniline

4-Fluorobenzaldehyde

4-Fluorobenzyl Bromide

4-Formylimidazole

4-Hydroxy-3-Nitrobenzaldehyde

4-Hydroxyphthalic Acid

4-Hydroxyquinoline

4-Iodobenzoic Acid

4-Iodophenyl Isothiocyanate

4-Methoxy-2-Methylaniline

4-Methoxy-3-Nitrobenzaldehyde

4-Methoxybenzylamine

4-Methoxyphenol

4-Methoxyphenyl Isocyanate

4-Methoxyphenyl Isothiocyanate

4-Methyl-2-pentanone

4-Methyl-5-Thiazoleethanol

4-Methylacetanilide

4-Methylamino-1,1-Dioxo-Tetrahydro-1 lambda6-Thiophen-3-OI

4-Morpholinylcarbonyl Chloride

4-Nitrophenyl Isothiocyanate

4-Pentynoic Acid

4-Phenylurazole

5-(Aminomethyl)-3-isoxazolol

5,5 -Dithiobis(2-Nitrobenzoic Acid)

5-Acetamidoanthranilic Acid

5-Aminoisoquinoline

5-Aminoquinoline

	 	Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity

Research Quantity






Page 9









 






Replidyne, Inc.

Active List of Reagents

August, 2005




	 	 	 	 	 
	Reagent Name	 	Amount*	 
	 	 	 
	5-Bromo-2,2-Bithiophene-5-Carboxaldehyde
	 	Research Quantity
	5-Bromo-2-Fluorobenzaldehyde
	 	Research Quantity
	5-Bromo-2-Furaldehyde
	 	Research Quantity
	5-Chloro-2-Furaldehyde
	 	Research Quantity
	5-Chloro-2-Methoxyacetophenone
	 	Research Quantity
	5-Chloro-2-Nitrobenzaldehyde
	 	Research Quantity
	5-Chloro-2-Thiophenecarboxaldehyde
	 	Research Quantity
	5-Chloroisatoic Anhydride
	 	Research Quantity
	5-Cyano-1-Pentyne
	 	Research Quantity
	5-Fluoro-1-Indanone
	 	Research Quantity
	5-Fluoro-2-Nitrobenzaldehyde
	 	Research Quantity
	5-Hydroxyisophthalic Acid
	 	Research Quantity
	5-Iodo-2-Furaldehyde
	 	Research Quantity
	5-Iodosalicylic Acid
	 	Research Quantity
	5-Methoxy-2-Methylaniline
	 	Research Quantity
	5-Methoxyindole
	 	Research Quantity
	5-Methylimidazole-4-Carboxaldehyde
	 	Research Quantity
	5-Nitro-2-(1-Pyrrolidinyl)Benzaldehyde
	 	Research Quantity
	5-Nitro-2-Furaldehyde
	 	Research Quantity
	5-Nitro-o-toluidine
	 	Research Quantity
	5-Norbornene-2,3-Dicarboxylic Anhydride
	 	Research Quantity
	6-(4-Chlorophenylthio)Imidazo[2,1-B]Thiazole-5-Carboxaldehyde
	 	Research Quantity
	6-Chloro-1-Hexyne
	 	Research Quantity
	6-Chloro-2,4-Dimethoxypyrimidine
	 	Research Quantity
	6-Chloroimidazo[2,1-B]Thiazole-5-Carboxaldehyde
	 	Research Quantity
	6-Chlorouracil
	 	Research Quantity
	6-Fluoroveratraldehyde
	 	Research Quantity
	6-Nitropiperonal
	 	Research Quantity
	6-Nitroveratraldehyde
	 	Research Quantity
	7,12-Dimethylbenz[a]anthracene
	 	Research Quantity
	7-Benzofuranol, 2,3-dihydro-2,2-dimethyl
	 	Research Quantity
	7-Oxabicyclo[4.1.0]Heptan-2-One
	 	Research Quantity
	8-(Bromomethyl)Quinoline
	 	Research Quantity
	8-Quinolinesulfonyl Chloride
	 	Research Quantity
	9-Fluorenylmethanol
	 	Research Quantity
	9-Fluorenylmethyl Succinimidyl Carbonate
	 	Research Quantity
	Acetaldehyde
	 	Research Quantity
	Acetaldehyde, chloro-
	 	Research Quantity
	Acetaldehyde, trichloro-
	 	Research Quantity
	Acetamide, 2-fluoro-
	 	Research Quantity
	Acetamide, N-(4-ethoxyphenyl)-
	 	Research Quantity
	Acetamide, N-(aminothioxomethyl)-
	 	Research Quantity
	Acetamide, N-9H-fluoren-2-yl-
	 	Research Quantity
	Acetic acid ethyl ester
	 	Research Quantity






Page 10









 






Replidyne, Inc.

Active List of Reagents

August, 2005




	 	 	 
	Reagent Name	 	Amount*
	 	 	 
	Acetic acid, (2,4,5-trichlorophenoxy)-

	 	Research Quantity
	Acetic acid, (2,4-dichlorophenoxy)-, salts & esters

	 	Research Quantity
	Acetic acid, fluoro-, sodium salt

	 	Research Quantity
	Acetic acid, lead(2+) salt

	 	Research Quantity
	Acetic acid, thallium(1+) salt

	 	Research Quantity
	Acetic-D3 Acid-D

	 	Research Quantity
	Acetone

	 	Research Quantity
	Acetonitrlle

	 	Research Quantity
	Acetophenone

	 	Research Quantity
	Acetyl chloride

	 	Research Quantity
	Acetylsuccinic Acid Dimethyl Ester

	 	Research Quantity
	Acrylamide

	 	Research Quantity
	Acrylic acid

	 	Research Quantity
	Acrylonitrlle

	 	Research Quantity
	Agmatine Sulfate

	 	Research Quantity
	Allyl alcohol

	 	Research Quantity
	Allyl Bromide

	 	Research Quantity
	Allyloxy-Tert-Butyldimethylsilane

	 	Research Quantity
	Alpha,Alpha -Dibromo-P-Xylene

	 	Research Quantity
	alpha,alpha-Dimethylbenzylhydroperoxide

	 	Research Quantity
	alpha,alpha-Dimethylphenethylamine

	 	Research Quantity
	alpha-Naphthylamine

	 	Research Quantity
	Aluminum Chloride

	 	Research Quantity
	Aluminum phosphide

	 	Research Quantity
	Amidinothiourea

	 	Research Quantity
	Aminoacetonitrile Hydrochloride

	 	Research Quantity
	Aminomethylcyclohexane

	 	Research Quantity
	Amitrole

	 	Research Quantity
	Ammonia, 2.0 M In 2-Propanol

	 	Research Quantity
	Ammonium Acetate

	 	Research Quantity
	Ammonium Molybdate

	 	Research Quantity
	Ammonium vanadate

	 	Research Quantity
	Anlline

	 	Research Quantity
	Anlsole

	 	Research Quantity
	Anthranilic Acid

	 	Research Quantity
	Arsinic acid, dimethyl-

	 	Research Quantity
	August, 2005
	 	 
	Auramine

	 	Research Quantity
	Azaserine

	 	Research Quantity
	Aziridine

	 	Research Quantity
	Aziridine, 2-methyl-

	 	Research Quantity
	Barban

	 	Research Quantity
	Barbituric Acid

	 	Research Quantity
	Bendiocarb

	 	Research Quantity







Page 11










 










Replidyne, Inc.

Active List of Reagents

August, 2005




	 	 	 
	Reagent Name	 	Amount*
	Bendiocarb phenol

	 	Research Quantity
	Benomyl

	 	Research Quantity
	Benz[a]anthracene

	 	Research Quantity
	Benz[a]anthracene, 7,12-dimethyl-

	 	Research Quantity
	Benz[c]acridine

	 	Research Quantity
	Benzal chloride

	 	Research Quantity
	Benzenamine

	 	Research Quantity
	Benzenamine, 2-methyl-

	 	Research Quantity
	Benzenamine, 2-methyl-, hydrochloride

	 	Research Quantity
	Benzenamine, 2-methyl-5-nitro-

	 	Research Quantity
	Benzenamine, 4,4’-methylenebis[2-chloro-

	 	Research Quantity
	Benzenamine, 4-chloro-

	 	Research Quantity
	Benzenamine, 4-chloro-2-methyl-, hydrochloride

	 	Research Quantity
	Benzenamine, 4-methyl-

	 	Research Quantity
	Benzenamine, 4-nitro-

	 	Research Quantity
	Benzenamine, N,N-dlmethyl-4-(phenylazo)-

	 	Research Quantity
	Benzene

	 	Research Quantity
	Benzene, (1-methylethyl)-

	 	Research Quantity
	Benzene, (chloromethyl)-

	 	Research Quantity
	Benzene, (dichloromethyl)-

	 	Research Quantity
	Benzene, (trichloromethyl)-

	 	Research Quantity
	Benzene, 1,1’-(2,2,2-trichloroethylidene)bis[4- methoxy-

	 	Research Quantity
	Benzene, 1,1’-(2,2,2-trichloroethylidene)bis[4-chloro-

	 	Research Quantity
	Benzene, 1,1’-(2,2-dichloroethylidene)bis[4-chloro-

	 	Research Quantity
	Benzene, 1,2,4,5-tetrachloro-

	 	Research Quantity
	Benzene, 1,2-dichloro-

	 	Research Quantity
	Benzene, 1,3,5-trinitro-

	 	Research Quantity
	Benzene, 1,3-dichloro-

	 	Research Quantity
	Benzene, 1,3-diisocyanatomethyl-

	 	Research Quantity
	Benzene, 1,4-dichloro-

	 	Research Quantity
	Benzene, 1-bromo-4-phenoxy-

	 	Research Quantity
	Benzene, 1-methyl-2,4-dinitro-

	 	Research Quantity
	Benzene, 2-methyl-1,3-dinitro-

	 	Research Quantity
	Benzene, chloro-

	 	Research Quantity
	Benzene, dimethyl-

	 	Research Quantity
	Benzene, hexachloro-

	 	Research Quantity
	Benzene, hexahydro-

	 	Research Quantity
	Benzene, methyl-

	 	Research Quantity
	Benzene, nitro-

	 	Research Quantity
	Benzene, pentachloro-

	 	Research Quantity
	Benzene, pentachloronitro-

	 	Research Quantity
	Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]-

	 	Research Quantity
	Benzenediamine, ar-methyl-

	 	Research Quantity
	Benzeneethanamine, alpha,alpha-dimethyl-

	 	Research Quantity






Page 12









 





Replidyne, Inc.

Active List of Reagents

August, 2005




	 	 	 
	Reagent Name	 	Amount*
	Benzenesulfonic acid chloride

	 	Research Quantity
	Benzenesulfonyl chloride

	 	Research Quantity
	Benzenethiol

	 	Research Quantity
	Benzhydrylamine

	 	Research Quantity
	Benzidine

	 	Research Quantity
	Benzo[a]pyrene

	 	Research Quantity
	Benzo[rst]pentaphene

	 	Research Quantity
	Benzotrichloride

	 	Research Quantity
	Benzoyl Isocyanate

	 	Research Quantity
	Benzoyl Isothiocyanate

	 	Research Quantity
	Benzoyl Peroxide

	 	Research Quantity
	Benzyl 2,2,2-Trichloroacetimidate

	 	Research Quantity
	Benzyl chloride

	 	Research Quantity
	Benzyl Chloroformate

	 	Research Quantity
	Benzyltriethylammonium Chloride

	 	Research Quantity
	Benzyltrimethylammonium Chloride

	 	Research Quantity
	Beta-Alanine

	 	Research Quantity
	beta-Chloronaphthalene

	 	Research Quantity
	beta-Naphthylamine

	 	Research Quantity
	Bis(1,5-Cyclooctadiene)Nickel(0)

	 	Research Quantity
	Bis(Triphenylphosphine)Copper(I) Borohydride

	 	Research Quantity
	Boc-Arg-Oh Hcl H2o

	 	Research Quantity
	Borane-Tetrahydrofuran Complex

	 	Research Quantity
	Boron Tribromide

	 	Research Quantity
	Bromoacetone

	 	Research Quantity
	Bromoform

	 	Research Quantity
	Brucine

	 	Research Quantity
	Cacodylic acid

	 	Research Quantity
	Cadmium Chloride

	 	Research Quantity
	Calcium chromate

	 	Research Quantity
	Calcium Hydride

	 	Research Quantity
	Carbamic acid, 1H-benzimidazol-2-yl, methyl ester

	 	Research Quantity
	Carbamic acid, ethyl ester

	 	Research Quantity
	Carbamic acid, methylnitroso-, ethyl ester

	 	Research Quantity
	Carbamic acid, phenyl-, 1-methylethyl ester

	 	Research Quantity
	Carbamic chloride, dimethyl-

	 	Research Quantity
	Carbamodithioic acid, 1,2-ethanediylbis-, salts & esters

	 	Research Quantity
	Carbamothioic acid, bis(1-methylethyl)-, S-(2,3-dichloro-2-propenyl) ester

	 	Research Quantity
	Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester

	 	Research Quantity
	Carbaryl

	 	Research Quantity
	Carbendazim

	 	Research Quantity
	Carbofuran

	 	Research Quantity
	Carbofuran phenol

	 	Research Quantity
	Carbon disulfide

	 	Research Quantity






Page 13









 





Replidyne, Inc.

Active List of Reagents

August, 2005




	 	 	 
	Reagent Name	 	Amount*
	Carbon oxyfluoride

	 	Research Quantity
	Carbon tetrachloride

	 	Research Quantity
	Carbonic acid, dithallium(1+) salt

	 	Research Quantity
	Carbonic dichloride

	 	Research Quantity
	Carbonic difluoride

	 	Research Quantity
	Carbonochloridic acid, methyl ester

	 	Research Quantity
	Carbosulfan

	 	Research Quantity
	Ceric Sulfate

	 	Research Quantity
	Cerium(III) Sulfate N-Hydrate

	 	Research Quantity
	Cerium(iv) Sulfate Tetrahydrate

	 	Research Quantity
	Cesium Carbonate

	 	Research Quantity
	Chloral

	 	Research Quantity
	Chlorambucil

	 	Research Quantity
	Chlordane, alpha & gamma isomers

	 	Research Quantity
	Chlordecone

	 	Research Quantity
	Chlornaphazin

	 	Research Quantity
	Chloroacetaldehyde

	 	Research Quantity
	Chloroacetic Anhydride

	 	Research Quantity
	Chlorobenzene

	 	Research Quantity
	Chlorobenzilate

	 	Research Quantity
	Chlorocarbonylsulfenyl Chloride

	 	Research Quantity
	Chloroform

	 	Research Quantity
	Chloromethyl methyl ether

	 	Research Quantity
	Chromic acid H2CrO4, calcium salt

	 	Research Quantity
	Chrysene

	 	Research Quantity
	Cis-2-Butene-1,4-Diol

	 	Research Quantity
	Copper

	 	Research Quantity
	Copper (II) Sulphate, 5 H2o

	 	Research Quantity
	Copper(I) Cyanide

	 	Research Quantity
	Copper(I) Iodide

	 	Research Quantity
	Copper(II) Oxide

	 	Research Quantity
	Copper(lI) Sulfate

	 	Research Quantity
	Creosote

	 	Research Quantity
	Cresol (Cresylic acid)

	 	Research Quantity
	Crotonaldehyde

	 	Research Quantity
	Cumene

	 	Research Quantity
	Cupric Sulfate Pentahydrate

	 	Research Quantity
	Cuprous Chloride

	 	Research Quantity
	Cyanides (soluble cyanide salts), not otherwise specified

	 	Research Quantity
	Cyanogen

	 	Research Quantity
	Cyanogen bromide (CN)Br

	 	Research Quantity
	Cyanogen chloride

	 	Research Quantity
	Cyclohexane

	 	Research Quantity
	Cyclohexanecarbonyl Chloride

	 	Research Quantity






Page 14









 





Replidyne, Inc.

Active List of Reagents

August, 2005




	 	 	 
	Reagent Name	 	Amount*
	Cyclohexanone

	 	Research Quantity
	Cyclohexene

	 	Research Quantity
	Cyclopentanecarbonyl Chloride

	 	Research Quantity
	Cyclophosphamide

	 	Research Quantity
	Cyclopropyl Acetylene

	 	Research Quantity
	Cyclotrimethylenemethylchlorosilane

	 	Research Quantity
	Daunomycin

	 	Research Quantity
	Daunorubicin

	 	Research Quantity
	D-Glucose, 2-deoxy-2-[[(methylnitrosoamino)- carbonyl]amino]-

	 	Research Quantity
	Diallate

	 	Research Quantity
	Dibenz[a,h]anthracene

	 	Research Quantity
	Dibenzo[a,i]pyrene

	 	Research Quantity
	Dibenzyl Phosphite

	 	Research Quantity
	Dibutyl phthalate

	 	Research Quantity
	Dichlorodifluoromethane

	 	Research Quantity
	Dichloroethyl ether

	 	Research Quantity
	Dichloroisopropyl ether

	 	Research Quantity
	Dichloromethoxy ethane

	 	Research Quantity
	Dichloromethyl ether

	 	Research Quantity
	Dicyclopentadiene

	 	Research Quantity
	Diethyl 1,4-Dihydro-2,6-Dimethyl-3,5-Pyridinedicarboxylate

	 	Research Quantity
	Diethyl Aminomalonate Hydrochloride

	 	Research Quantity
	Diethyl Azodicarboxylate

	 	Research Quantity
	Diethyl Chloromethylphosphonate

	 	Research Quantity
	Diethyl Chlorophosphate

	 	Research Quantity
	Diethyl Malonate

	 	Research Quantity
	Diethyl Phosphite

	 	Research Quantity
	Diethyl phthalate

	 	Research Quantity
	Diethyl Succinate

	 	Research Quantity
	Diethyl[2-Hydroxypropyl]Aminoethyl Sephadex

	 	Research Quantity
	Diethylene Glycol Diethyl Ether

	 	Research Quantity
	Diethylene glycol, dicarbamate

	 	Research Quantity
	Diethylhexyl phthalate

	 	Research Quantity
	Diethyl-p-nitrophenyl phosphate

	 	Research Quantity
	Diethylstilbesterol

	 	Research Quantity
	Dihydrosafrole

	 	Research Quantity
	Diisobutylaluminum Hydride 1m In Toluene

	 	Research Quantity
	Diisobutylamine

	 	Research Quantity
	Diisopropylamine

	 	Research Quantity
	Diisopropylfluorophosphate

	 	Research Quantity
	Diketene

	 	Research Quantity
	Dimethoate

	 	Research Quantity
	Dimethyl Fumarate

	 	Research Quantity
	Dimethyl Maleate

	 	Research Quantity






Page 15









 






Replidyne, Inc.

Active List of Reagents

August, 2005




	 	 	 
	Reagent Name	 	Amount*
	Dimethyl phthalate

	 	Research Quantity
	Dimethyl sulfate

	 	Research Quantity
	Dimethyl Sulfide

	 	Research Quantity
	Dimethylamine

	 	Research Quantity
	Dimethylamine 2.0m In Thf

	 	Research Quantity
	Dimethylcarbamoyl chloride

	 	Research Quantity
	Dimethylcyanamide

	 	Research Quantity
	Dimethylsulfamoyl Chloride

	 	Research Quantity
	Dimetilan

	 	Research Quantity
	Di-n-octyl phthalate

	 	Research Quantity
	Dinoseb

	 	Research Quantity
	Di-n-propylnitrosamine

	 	Research Quantity
	Diphenyl Cyanocarbonimidate

	 	Research Quantity
	Diphenylacetic Acid

	 	Research Quantity
	Diphenylamine

	 	Research Quantity
	Diphenylphosphinic Chloride

	 	Research Quantity
	Diphosphoramide, octamethyl-

	 	Research Quantity
	Diphosphoric acid, tetraethyl ester

	 	Research Quantity
	Dipropylamine

	 	Research Quantity
	Disulfoton

	 	Research Quantity
	Di-Tert-Butyl Dicarbonate

	 	Research Quantity
	Dithiobiuret

	 	Research Quantity
	Di-2,4-Diaminobutyric Acid Dihydrochloride

	 	Research Quantity
	Epichlorohydrin

	 	Research Quantity
	Ethanal

	 	Research Quantity
	Ethanamine, N,N-diethyl-

	 	Research Quantity
	Ethanamine, N-ethyl-N-nitroso-

	 	Research Quantity
	Ethane, 1,1,1,2-tetrachloro-

	 	Research Quantity
	Ethane, 1,1,1-trichloro-

	 	Research Quantity
	Ethane, 1,1,2,2-tetrachloro-

	 	Research Quantity
	Ethane, 1,1,2-trichloro-

	 	Research Quantity
	Ethane,
1,1’-[methylenebis (oxy)]bis[2-chloro-

	 	Research Quantity
	Ethane, 1,1-dichloro-

	 	Research Quantity
	Ethane, 1,1’ -oxybis-

	 	Research Quantity
	Ethane, 1,1’-oxybis[2-chloro-

	 	Research Quantity
	Ethane, 1,2-dibromo-

	 	Research Quantity
	Ethane, 1,2-dichloro-

	 	Research Quantity
	Ethane, hexachloro-

	 	Research Quantity
	Ethane, pentachloro-

	 	Research Quantity
	Ethanethioamide

	 	Research Quantity
	Ethanimidothioic acid, 2-(dimethylamino)-N-hydroxy-2-oxo-, methyl ester

	 	Research Quantity
	Ethanol, 2,2’-(nitrosoimino)bis-

	 	Research Quantity
	Ethanol, 2,2’-oxybis-, dicarbamate

	 	Research Quantity
	Ethanol, 2-ethoxy-

	 	Research Quantity






Page 16









 





Replidyne, Inc.

Active List of Reagents

August, 2005




	 	 	 
	Reagent Name	 	Amount*
	Ethanolamine

	 	Research Quantity
	Ethanone, 1-phenyl-

	 	Research Quantity
	Ethene, (2-chloroethoxy)-

	 	Research Quantity
	Ethene, 1,1-dichloro-

	 	Research Quantity
	Ethene, 1,2-dichloro-, (E)-

	 	Research Quantity
	Ethene, chloro-

	 	Research Quantity
	Ethene, tetrachloro-

	 	Research Quantity
	Ethene, trichloro-

	 	Research Quantity
	Ethoxyquin

	 	Research Quantity
	Ethyl (Methylthio)Acetate

	 	Research Quantity
	Ethyl 1-Methyl-5-Nitroimidazole-2-Carboxylate

	 	Research Quantity
	Ethyl 2-Ethylacetoacetate

	 	Research Quantity
	Ethyl 2-Phenylacetoacetate

	 	Research Quantity
	Ethyl 3-Phenylpropionate

	 	Research Quantity
	Ethyl 3-Pyridylacetate

	 	Research Quantity
	Ethyl acetate

	 	Research Quantity
	Ethyl acrylate

	 	Research Quantity
	Ethyl Alcohol, Absolute

	 	Research Quantity
	Ethyl Anthranilate

	 	Research Quantity
	Ethyl Bromoacetate

	 	Research Quantity
	Ethyl carbamate (urethane)

	 	Research Quantity
	Ethyl Chloroacetate

	 	Research Quantity
	Ethyl ether

	 	Research Quantity
	Ethyl Formate

	 	Research Quantity
	Ethyl methacrylate

	 	Research Quantity
	Ethyl methanesulfonate

	 	Research Quantity
	Ethyl Pyruvate

	 	Research Quantity
	Ethyl Sorbate

	 	Research Quantity
	Ethyl Trifluoroacetate

	 	Research Quantity
	Ethyl-1-Methyl-4-Nitroimidazole-2-Carboxylate

	 	Research Quantity
	Ethylene dibromide

	 	Research Quantity
	Ethylene dichloride

	 	Research Quantity
	Ethylene Glycol

	 	Research Quantity
	Ethylene glycol monoethyl ether

	 	Research Quantity
	Ethylene oxide

	 	Research Quantity
	Ethylenebisdithiocarbamic acid, salts & esters

	 	Research Quantity
	Ethylenediamine

	 	Research Quantity
	Ethyleneimine

	 	Research Quantity
	Ethylenethiourea

	 	Research Quantity
	Ethylidene dichloride

	 	Research Quantity
	Ethynyl P-Tolyl Sulfone

	 	Research Quantity
	Ethynylmagnesium Chloride

	 	Research Quantity
	Europium D-3-Trifluoroacetylcamphorate

	 	Research Quantity
	Exo-3,6-Epoxy-1,2,3,6-Tetrahydrophthalic Anhydride

	 	Research Quantity






Page 17









 





Replidyne, Inc.

Active List of Reagents

August, 2005




	 	 	 
	Reagent Name	 	Amount*
	Fluoranthene

	 	Research Quantity
	Fluorine

	 	Research Quantity
	Fluoroacetamide

	 	Research Quantity
	Fluoroacetic acid, sodium salt

	 	Research Quantity
	Fluoromethyl Phenyl Sulfone

	 	Research Quantity
	Formaldehyde

	 	Research Quantity
	Formetanate hydrochloride

	 	Research Quantity
	Formic acid

	 	Research Quantity
	Formparanate

	 	Research Quantity
	Fumaramide

	 	Research Quantity
	Fumaric Acid

	 	Research Quantity
	Fumaric Acid Monoethyl Ester

	 	Research Quantity
	Furan

	 	Research Quantity
	Furan, tetrahydro-

	 	Research Quantity
	Furfural

	 	Research Quantity
	Furfuran

	 	Research Quantity
	Furfurylamine

	 	Research Quantity
	Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-, D-

	 	Research Quantity
	Glutathione, Reduced

	 	Research Quantity
	Glycidylaldehyde

	 	Research Quantity
	Glyoxylic Acid Monohydrate

	 	Research Quantity
	Guanidine, N-methyl-N'-nitro-N-nitroso-

	 	Research Quantity
	Hcl 2.0m In Ether

	 	Research Quantity
	Hcl 4.0 M In Dioxane

	 	Research Quantity
	H-D-Phg-Oh

	 	Research Quantity
	Hexachlorobenzene

	 	Research Quantity
	Hexachlorobutadiene

	 	Research Quantity
	Hexachlorocyclopentadiene

	 	Research Quantity
	Hexachloroethane

	 	Research Quantity
	Hexachlorophene

	 	Research Quantity
	Hexachloropropene

	 	Research Quantity
	Hexaethyl tetraphosphate

	 	Research Quantity
	Hexafluorosilicic Acid

	 	Research Quantity
	Hexamethyldisilazane

	 	Research Quantity
	Hydrazine

	 	Research Quantity
	Hydrazine, 1,1-dimethyl-

	 	Research Quantity
	Hydrazine, 1,2-diethyl-

	 	Research Quantity
	Hydrazine, 1,2-dimethyl-

	 	Research Quantity
	Hydrazine, 1,2-diphenyl-

	 	Research Quantity
	Hydrazine, methyl-

	 	Research Quantity
	Hydrazinecarbothioamide

	 	Research Quantity
	Hydrochloric Acid

	 	Research Quantity
	Hydrofluoric acid

	 	Research Quantity
	Hydrogen fluoride

	 	Research Quantity






Page 18




 









 





EXHIBIT
E 




PERSONAL PROPERTY





 










 











EXHIBIT
E — 1 SECTION E2




PERSONAL PROPERTY




Hard Wall Offices, Conference Rooms and Common Areas 




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	Gray	 	 	 	 	 	 	 	 	 	 	 	 	 	3’x6’	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Blue,	 	3’Square,	 	Purple Pattern	 	Turquoise	 	Black	 	 	 	 	 	2 Dr	 	2 1/2’x5’	 	2 1/2x5’	 	 	 	 	 	Conference	 	pattern	 	 	 	 	 	Wall	 	 	 	 	 	Exec	 	 	 	 	 	2 1/2 x 5’	 	2 1/2’ x 5’	 	Mail Box	 	1 1/2 x 3’
	 	 	Easy	 	Low	 	Rolling	 	side	 	Rolling	 	3 shelf	 	Lateral	 	Table	 	Desk,	 	 	 	 	 	Room	 	rolling	 	 	 	 	 	Hung	 	Gray Side	 	Desk	 	Small	 	Table,	 	Credenza,	 	Cabinet,	 	Supply
	Space Locations	 	Chair	 	Table	 	Chair	 	chair	 	Chair	 	Bookcase	 	File	 	Blond	 	Blond	 	PC Stand	 	Table	 	chair	 	Coal rack	 	Paintings	 	Chair	 	Blond	 	Refrigerator	 	, Gray	 	Gray	 	Gray	 	Cabinet
	Lobby Area
	 	 	4	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	4	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	3	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Hornet C.R.
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	 	 	1	 	 	 	12	 	 	 	1	 	 	 	2	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Mammoth C.R.
	 	 	 	 	 	 	 	 	 	 	2	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Break Area
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	2	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Mail Area
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 
	Rest Room Lobby
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	8	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Off 1E2-315
	 	 	 	 	 	 	 	 	 	 	3	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Off 1E2-316
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Off 1E2-319
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	2	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Off 1E2-320
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	2	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	1	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Off 1E2-321
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	2	 	 	 	1	 	 	 	 	 	 	 	1	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Off 1E2-322
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	2	 	 	 	1	 	 	 	1	 	 	 	2	 	 	 	1	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Off 1E2-323
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	2	 	 	 	1	 	 	 	1	 	 	 	2	 	 	 	1	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Off 1E2-324
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	2	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Off 1E2-325
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	4	 	 	 	1	 	 	 	1	 	 	 	2	 	 	 	1	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 






Cubicles
8’ X 10’ Total of 21 — Herman Miller Panel System




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Cubicle #	 	 	 	 	 	1	 	2	 	3	 	4	 	5	 	6	 	7	 	8	 	9	 	10	 	11	 	12	 	13	 	14	 	15	 	16	 	17	 	18	 	19	 	20	 	21
	Furniture
	 	Abbrev.	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Flippers
	 	FL	 	 	2	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	1	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	1	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	2	 
	Black Rolling Chair
	 	BC	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	0	 	 	 	1	 	 	 	1	 	 	 	0	 	 	 	0	 	 	 	0	 	 	 	0	 	 	 	0	 	 	 	0	 	 	 	0	 	 	 	0	 	 	 	1	 	 	 	0	 	 	 	1	 
	Turquois Side Chair
	 	TC	 	 	0	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	2	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	0	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	0	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 
	2 Dr. Lat File
	 	 	2F	 	 	 	1	 	 	 	1	 	 	 	0	 	 	 	2	 	 	 	0	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	2	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	2	 	 	 	2	 	 	 	1	 
	Box, Box, File Ped.
	 	BBF	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	2	 	 	 	1	 	 	 	1	 	 	 	0	 	 	 	2	 
	Corner Surface
	 	CS	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	2	 	 	 	1	 	 	 	1	 	 	 	0	 	 	 	1	 
	2 1/2’
x 4’ Flat Surf
	 	FS	 	 	2	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	1	 	 	 	2	 	 	 	2	 	 	 	2	 	 	 	2	 
	White Board
	 	WB	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	0	 	 	 	0	 	 	 	1	 	 	 	2	 	 	 	1	 
	Cork Board
	 	CB	 	 	0	 	 	 	1	 	 	 	0	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 	 	 	1	 
	Gray Side Chair
	 	GSC	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Secretary Shelf
	 	SS	 	 	 	 	 	 	 	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	1	 
	Blue Rolling Chair
	 	BRC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Book Shelf
	 	BS	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Silver Side Chair
	 	SSC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Gray Rolling Chair
	 	GRC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Short Flat Surface
	 	SFS	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Magenta Rolling Chair
	 	MRC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 

















 












EXHIBIT
E — 2 SECTION S1




Hard Wall Offices, Conference Rooms and Common Areas




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	Purple	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	2 1/2’ X 6’	 	Box,	 	 	 	 	 	 
	 	 	2 1/2’ X 2 1/2’	 	3’ Round,	 	3’ Round,	 	4’ Round,	 	5’ Round,	 	1 1/2’	 	 	 	2 1/2’ X 5’	 	2 1/2’ X 5’	 	Pattern	 	Maroon	 	Black	 	Turquolse	 	Blue	 	 	 	2 Dr	 	4 Dr	 	Conference	 	Wall	 	Credenza,	 	Box,	 	 	 	2 1/2’ X 5’	 	Mall Box
	 	 	Blond	 	Blond	 	Gray	 	Blond	 	Blond	 	Round	 	2' Round	 	Table,	 	Desk,	 	Rolling	 	Rolling	 	Rolling	 	Side	 	Easy	 	3-Shelf	 	Lateral	 	Lateral	 	Room	 	Hung	 	Blond with	 	File	 	Large	 	Credenza,	 	Cabinet,
	Space Locations	 	Table	 	Table	 	Table	 	Table	 	Table	 	Table	 	Table	 	Blond	 	Blond	 	Chair	 	Chair	 	Chair	 	Chair	 	Chair	 	Bookcase	 	File	 	File	 	Table	 	Paintings	 	book shelf	 	Pedestal	 	Refrigerator	 	Gray	 	Gray
	Corridor to S1
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	2	 	 	 	 	 	 	 	 	 	 
	Lobby/Open Area
	 	 	 	4	 	1	 	 	 	 	 	 	 	1	 	2	 	 	 	11	 	 	 	 	 	 	 	5	 	8	 	3	 	1	 	 	 	3	 	 	 	1	 	 	 	 	 	 
	Pastuer-Tempes C.R.
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	13	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	3	 	 	 	 	 	 	 	 	 	 
	Ehrlich C.R.
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	7	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	 	 	1	 	 	 	 	 	 	 	 
	Off. 152
	 	1	 	 	 	 	 	 	 	1	 	 	 	 	 	2	 	 	 	5	 	 	 	1	 	 	 	 	 	2	 	1	 	 	 	 	 	1	 	 	 	 	 	 	 	 	 	 
	Off. 153
	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	1	 	 	 	2	 	1	 	 	 	 	 	1	 	1	 	1	 	 	 	2	 	 	 	 	 	 	 	 	 	 
	Off. 154
	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	1	 	 	 	 	 	2	 	2	 	 	 	1	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Off. 155
	 	1	 	 	 	 	 	 	 	 	 	1	 	 	 	1	 	1	 	 	 	 	 	1	 	2	 	1	 	1	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Off. 156
	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	1	 	 	 	 	 	2	 	3	 	 	 	1	 	1	 	 	 	 	 	1	 	 	 	 	 	 	 	 	 	 
	Off. 157
	 	1	 	 	 	 	 	 	 	 	 	1	 	 	 	1	 	1	 	 	 	 	 	1	 	2	 	 	 	2	 	1	 	 	 	 	 	2	 	 	 	 	 	 	 	 	 	 
	Off. 158
	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	1	 	 	 	 	 	1	 	2	 	 	 	2	 	1	 	 	 	 	 	1	 	 	 	 	 	 	 	 	 	 
	Off. 159
	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	1	 	 	 	 	 	1	 	2	 	 	 	2	 	2	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Off. 160
	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	1	 	2	 	 	 	1	 	 	 	 	 	1	 	1	 	1	 	 	 	1	 	 	 	 	 	 	 	 	 	 
	Off. 161
	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	1	 	2	 	 	 	1	 	 	 	 	 	1	 	1	 	 	 	 	 	 	 	 	 	1	 	 	 	 	 	 
	Off. 162
	 	1	 	 	 	 	 	1	 	 	 	 	 	 	 	1	 	1	 	3	 	 	 	1	 	 	 	 	 	3	 	1	 	 	 	 	 	1	 	 	 	 	 	 	 	 	 	 
	Kitchen
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	7	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	 	 	 
	Mail Room
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	1


















 







EXHIBIT E — 3 SECTION S1




PERSONAL PROPERTY


Cubicles
8’ X 10’ Total of 39 — Herman Miller Panel System





	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Cubicle #	 	 	 	1	 	2	 	3	 	4	 	5	 	6	 	7	 	8	 	9	 	10	 	11	 	12	 	13	 	14	 	15	 	16	 	17	 	18	 	19	 	20	 	21	 	22
	Furniture
	 	Abbrev.	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Flippers
	 	FL	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	1	 	2	 	2	 	2	 	2	 	1	 	2	 	2	 	2	 	2	 	2
	Black Rolling Chair
	 	BC	 	1	 	1	 	1	 	2	 	1	 	1	 	2	 	2	 	2	 	2	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	2
	Turquois Side Chair
	 	TC	 	1	 	1	 	1	 	1	 	1	 	2	 	1	 	1	 	1	 	1	 	1	 	0	 	1	 	1	 	1	 	1	 	1	 	1	 	0	 	1	 	0	 	1
	2 Dr. Lat File
	 	2F	 	1	 	1	 	0	 	1	 	1	 	1	 	1	 	1	 	1	 	0	 	1	 	0	 	1	 	1	 	1	 	0	 	1	 	1	 	0	 	1	 	1	 	1
	Box, Box, File Ped.
	 	BBF	 	2	 	1	 	2	 	1	 	2	 	2	 	1	 	1	 	1	 	0	 	2	 	0	 	2	 	2	 	2	 	2	 	2	 	1	 	1	 	2	 	1	 	1
	Corner Surface
	 	CS	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1
	2 1/2’
x 4’ Flat Surf
	 	FS	 	2	 	2	 	1	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	1	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2
	White Board
	 	WB	 	0	 	1	 	0	 	0	 	1	 	1	 	0	 	0	 	0	 	0	 	1	 	0	 	1	 	1	 	1	 	0	 	1	 	1	 	0	 	1	 	1	 	0
	Cork Board
	 	CB	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	2	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1
	Gray Side Chair
	 	GSC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Secretary Shelf
	 	SS	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Book Shelf
	 	BS	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Silver Side Chair
	 	SSC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Blue Rolling Chair
	 	BRC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Gray Rolling Chair
	 	GRC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Short Flat Surface
	 	SFS	 	 	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Magenta Rolling Chair
	 	MRC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Blue Easy Chair
	 	BEC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Short Flipper
	 	SFL	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Pink Side Chair
	 	PSC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Purple Rolling Chair
	 	PRC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	 	 	 	 	 
	4 Dr. Lat File
	 	4F	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	 	 	 	 	 
	Blue Side Chair
	 	BSC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Red Rolling Chair
	 	RRC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Black Side Chair
	 	BlkSC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Marron Rolling Chair
	 	MSC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	1	 	 








	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Cubicle #	 	 	 	23	 	24	 	25	 	26	 	27	 	28	 	29	 	30	 	31	 	32	 	33	 	34	 	35	 	36	 	37	 	38	 	39
	Furniture
	 	Abbrev.	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Flippers
	 	FL	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	1
	Black Rolling Chair
	 	BC	 	2	 	2	 	2	 	2	 	2	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1
	Turquois Side Chair
	 	TC	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1
	2 Dr. Lat File
	 	2F	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	0
	Box, Box, File Ped.
	 	BBF	 	1	 	1	 	1	 	1	 	1	 	1	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	1	 	2	 	2	 	0
	Comer Surface
	 	CS	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1	 	1
	2 1/2’
x 4’ Flat Surf
	 	FS	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2	 	2
	White Board
	 	WB	 	0	 	0	 	0	 	0	 	0	 	1	 	1	 	1	 	1	 	0	 	1	 	1	 	1	 	1	 	1	 	1	 	1
	Cork Board
	 	CB	 	1	 	1	 	1	 	1	 	1	 	0	 	1	 	0	 	1	 	1	 	1	 	2	 	1	 	1	 	1	 	1	 	1
	Gray Side Chair
	 	GSC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Secretary Shelf
	 	SS	 	 	 	 	 	 	 	 	 	 	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Book Shelf
	 	BS	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Silver Side Chair
	 	SSC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Blue Rolling Chair
	 	BRC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Gray Rolling Chair
	 	GRC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Short Flat Surface
	 	SFS	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Magenta Rolling Chair
	 	MRC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Blu Easy Chair
	 	BEC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Short Flipper
	 	SFL	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Pink Side Chair
	 	PSC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Purple Rolling Chair
	 	PRC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	4 Dr. Lat File
	 	4F	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Blue Side Chair
	 	BSC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	3	 	 	 	 	 	 	 	 	 	 
	Red Rolling Chair
	 	RRC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Black Side Chair
	 	BlkSC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Marron Rolling Chair
	 	MSC	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 


















 








EXHIBIT F




RULES ANDEGULATIONS





	1.	 	The sidewalks, halls, passages, exits, entrances, elevators, and
stairways of the Building
shall not be obstructed by any of the tenants or used by them for any
purpose other than
for ingress to and egress from their respective Premises. The halls,
passages, exits,
entrances, elevators, and stairways are not for the general public, and
Landlord shall in all
cases retain the right to control and prevent access thereto of all
persons whose presence
in the judgment of Landlord would be prejudicial to the safety,
character, reputation and
interests of the Building and its tenants. No Tenant and no employee or
invitee of any
Tenant shall go upon the roof of the Building.
	 
	2.	 	All visitors and employees that do not have appropriate
identification or access badges
shall check-in and register at the main reception area of the Building.
	 
	3.	 	Tenants shall not bring any bicycles, motorcycles, or
similar vehicles into the building,
and will park such vehicles only in areas specified by Landlord.
	 
	4.	 	No birds, fish or other animals (other than seeing eye
dogs) shall be brought into or kept
in, on or about the Building.
	 
	5.	 	Tenants shall cooperate with Landlord to assure, and to
abide by all reasonable
regulations and requirements that Landlord may require for the proper
functioning and
protection of the HVAC, electrical, security, plumbing, fire and other
systems serving the
Premises. Tenants shall comply with all laws, statutes, ordinances
and governmental
rules and regulations now in force or which may later be enacted or
promulgated in
connection with building services furnished to the Premises,
including, without
limitation, any governmental rule or regulation relating to the heating
and cooling of the
Premises
	 
	6.	 	No sign, placard, picture, name, advertisement or notice
visible from the exterior of any
Tenant’s Premises shall be inscribed, painted, affixed or otherwise
displayed by any
Tenant on any part of the Building without the prior written consent of
Landlord.
Landlord will adopt and furnish to tenants general guidelines relating
to signs inside the
Building on the office floors. Each Tenant shall conform to such
guidelines, but may
request approval of Landlord for modifications, which approval shall be
at Landlord’s
sole discretion. All approved signs or lettering on doors shall be
printed, painted, affixed
or inscribed at the expense of the Tenant by a person approved by
Landlord, which
approval will not be unreasonably withheld. Material visible from
outside the Building
will not be permitted (except for signage permitted by the Lease).
	 
	7.	 	No Tenant shall employ any person or persons other than
Landlord’s janitorial service for
the purpose of cleaning the Premises, unless otherwise approved by
Landlord. No person
or persons other than those approved by Landlord shall be permitted to
enter the Building
for the purpose of cleaning the same. No Tenant shall cause any
unnecessary labor by
reason of such Tenant’s carelessness or indifference in the
preservation of good order and




F-1









 






	 	 	cleanliness. Janitor service will not be furnished on nights
when rooms are occupied after 8:00 P.M. unless, by prior arrangement
with Landlord, service is extended to a later hour for specifically
designated rooms with any additional cost to be paid by the
requesting Tenant. Tenants shall provide adequate waste and rubbish
receptacles, cabinets, book cases, map cases and the like necessary
to prevent unreasonable hardship to landlord in discharging its
obligation regarding cleaning service.






	8.	 	Landlord will furnish Tenant with electronic access key
cards, at Tenant’s expense, as
well as keys to all standard tumbler locks (in the amount of two (2)
per key lock) in the
Premises. Tenant shall pay to Landlord a nominal deposit for all
additional keys or key
cards that are provided by Landlord at the request of Tenant. Each
Tenant, upon the
termination of its tenancy, shall return to Landlord all keys and key
cards which have
been furnished to or made by the Tenant. Tenant shall be liable for the
reasonable cost of
replacement for all keys or key cards not so returned. No Tenant shall
change any lock
without the express written consent of the Landlord, and shall in such
case furnish
Landlord with a key for any such lock.
	 
	9.	 	Landlord shall have the right to prescribe the weight,
size and position of all equipment,
materials, furniture or other property brought into the Building.
Heavy objects shall, if
considered necessary by Landlord, shall be supported as is necessary
properly to
distribute the weight. Landlord will not be responsible for loss of or
damage to any such
property from any cause, and all damage done to the Building by moving
or maintaining
such property shall be repaired at the expense of the Tenant.
	 
	10.	 	Except as otherwise specifically permitted in the
Lease, no Tenant shall use or keep in the
Premises or the Building any kerosene, gasoline or inflammable or
combustible fluid or
material, or, without Landlord’s prior approval, use any method of
heating or air
conditioning other than that supplied by Landlord. No Tenant shall use
or keep or permit
to be used or kept any foul or noxious gas or substance in the
Premises, or permit or
suffer the Premises to be occupied or used in a manner offensive or
objectionable to
Landlord or other occupants of the Building by reason of noise, odors
or vibrations, or
interfere in any way with other tenants or those having business
therein.
	 
	11.	 	Landlord shall have the right, exercisable without
liability to any Tenant to change the
name and street address of the Building.
	 
	12.	 	Landlord reserves the right to exclude from the
Building between the hours of 6:00 P.M.
and 8:00 A.M. and at all hours on Saturdays, Sundays and legal holidays
all persons who
do not present a proper access card or other identification as an
employee of Tenant or
who do not otherwise present proper authorization by Tenant for access
to the Premises.
Tenant shall be responsible for all persons for whom it authorizes
access and shall be
liable to Landlord for all acts of such persons. Landlord shall in no
case be liable for
damages for any error with regard to the admission to or exclusion from
the Building of
any person. In the case of invasion, mob, riot, public excitement or
other circumstances
rendering such action advisable in Landlord’s opinion, Landlord
reserves the right to
prevent access to the Building during the continuance of the same by
such action as
Landlord may deem appropriate.




F-2









 












	13.	 	No curtains, draperies, blinds, shutters, shades, screens or
other coverings, hangings or
decorations shall be attached to, hung or placed in, or used in
connection with any
exterior window in the Building without the prior consent of Landlord.
If consented to
by Landlord, such items shall be installed on the office side of the
standard window
covering and shall in no way be visible from the exterior of the
Building.
	 
	14.	 	Messenger services and suppliers of bottled water,
food, beverages, and other products or
services shall be subject to such reasonable regulations as may be
adopted by Landlord.
Landlord may establish a central receiving station in the Building for
delivery and pick-up by all messenger services.
	 
	15.	 	Each Tenant shall see that the doors of its Premises
are closed and locked and that all
water faucets or apparatus, microwave ovens, and office equipment
(excluding office
equipment required to be operative at all times) are shut off before the Tenant or its
employees leave the Premises at night, so as to prevent waste or
damage, and for any
default or carelessness in this regard the Tenant shall be responsible
for any damage
sustained by other tenants or occupants of the Building or Landlord.
All tenants shall
keep the doors to the Building corridors closed at all times except for
ingress and egress.
	 
	16.	 	The toilets, urinals, wash bowls and other restroom
facilities shall not be used for any
purpose other than that for which they were constructed, no foreign
substance of any kind
whatsoever shall be thrown therein and the expense of any breakage,
stoppage or damage
resulting from the violation of this rule shall be borne by the Tenant
who, or whose
employees or invitees, shall have caused it.
	 
	17.	 	Parking






	 	17.1	 	Tenants shall not park in spaces allocated to other tenants.
	 
	 	17.2	 	No vehicles shall be permitted to be parked for more than 24 hours at a time.
	 
	 	17.3	 	Parking areas shall be used only for parking by vehicles no longer than full size,
passenger automobiles.
	 
	 	17.4	 	Users of the parking area will obey all posted signs.
	 
	 	17.5	 	The maintenance, washing, waxing or cleaning of vehicles in the parking area is
prohibited.
	 
	 	17.6	 	Tenants shall be responsible for seeing that all of its employees, agents and
invitees comply with the applicable parking rules, regulations,
laws and agreements.






	18.	 	No Tenant shall install any antenna, loudspeaker, or
any other device on the roof or
exterior walls of the Building without the express written consent by
Landlord, which
consent may be withheld in Landlord’s sole discretion.




F-3









 












	19.	 	There shall not be used in any portion of the Building, by
any Tenant or its invitees, any
hand trucks or other material handling equipment except those equipped
with rubber tires
and side guards unless otherwise approved by Landlord.
	 
	20.	 	No material shall be placed in the refuse boxes or
receptacles if such material is of such
nature that it may not be disposed of in the ordinary and customary
manner of removing
and disposing of refuse in the City of Louisville without being in
violation of any law or
ordinance governing such disposal. All refuse disposal shall be made
only through
entryways and elevators provided for such purposes and at such times
as Landlord shall
designate.
	 
	21.	 	Smoking in all portions of the Building is prohibited,
and each Tenant shall cooperate to
prevent the same.
	 
	22.	 	Loading docks shall be used only for the temporary
loading and unloading of materials.
Each Tenant shall endeavor to promptly remove all delivered materials
and to keep the
loading docks empty. The overnight storage of materials at the loading
docks is strictly
prohibited.
	 
	23.	 	Landlord may waive any one or more of these Rules and
Regulations for the benefit of
any particular Tenant or tenants, but no such waiver by Landlord shall
be construed as a
waiver of such Rules and Regulations in favor of any other Tenant or
tenants, nor prevent
Landlord from thereafter enforcing any such Rules and Regulations
against any or all of
the tenants of the Building.
	 
	24.	 	These Rules and Regulations are in addition to, and
shall not be construed to in any way
modify or amend, in whole or in part, the terms, covenants, agreements
and conditions of
any sublease of premises in the Building.
	 
	25.	 	Landlord reserves the right to make such other and
reasonable rules and regulations as in
its judgment may from time to time be needed for the safety, care and
cleanliness of the
Building, and for the preservation of good order therein.






F-4










 







EXHIBIT G



DEPICTION OF SECOND REFUSAL SPACE



OFFICE SPACE E1 10,476 RSF









 









 








ASSIGNMENT AND ASSUMPTION OF LEASES




     FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, TRIUMPH 1450 LLC, a
Colorado limited liability company, having an office at 9605 Kingston Court, Suite 160, Englewood,
Colorado 80112 (“Assignor”), hereby sells, transfers, assigns and sets over to TRIUMPH 1450, LLC,
a Delaware limited liability company, as to an undivided 50% interest, and MRA DESERT VILLAS, LLC,
a Delaware limited liability company, as to an undivided 50% interest, as tenants-in-common,
having an office at 9605 Kingston Court, Suite 160, Englewood, Colorado 80112 (“Assignee”), all of
Assignor’s right, title and interest in and to those certain leases referred to in Exhibit
A annexed hereto and made a part hereof (the “Leases”) and any security deposits held by
Assignor in connection therewith, which Leases affect and relate to the real properties commonly
known as 1450 Infinite Drive and 1450 Centennial Court in the City of Louisville, Boulder County,
Colorado, from and after the date hereof.



     TO HAVE AND TO HOLD the same unto Assignee, its successors and assigns, forever, subject to
the terms, covenants, conditions and provisions of the Leases.



     Assignee hereby accepts said assignment and assumes and agrees to perform and comply with all
of the covenants, duties and obligations of Assignor as landlord under the Leases to be performed
from and after the date hereof.



     This Assignment shall be binding upon and inure to the benefit of the parties hereto and their
respective successors and assigns.



     IN
WITNESS WHEREOF, the parties hereto have executed this Assignment as
of the
25th
day of October, 2005.



	 	 	 	 	 	 	 	 	 
	ASSIGNOR:	 	 	 	ASSIGNEE:
	 
	 	 	 	 	 	 	 	 
	TRIUMPH 1450 LLC,	 	 	 	TRIUMPH 1450, LLC,
	a Colorado limated liability company 	 	 	 	a Delaware limited liability company
	 
	 	 	 	 	 	 	 	 
	By:

	 	/s/ Ronald D. Boraks
	 	 	 	By:
	 	/s/ Ronald D. Boraks
	 

	 	 
	 	 	 	 	 	 
	Name: RONALD D. BORAKS	 	 	 	Name: RONALD D. BORAKS
	Its: MANAGER	 	 	 	Its: MANAGER
	 
	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	MRA DESERT VILLAS, LLC,
	 	 	 	 	 	 	a Delaware limited liability company
	 
	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	By:
	 	/s/ Ronald D. Boraks
	 

	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	Name: RONALD D. BORAKS
	 	 	 	 	 	 	Its: MANAGER






1









 






Exhibit A




 Leases





	1.	 	Lease by and between Assignor, as landlord, and Replidyne, Inc., as tenant.
	 
	2.	 	Lease by and between Assignor, as landlord, and Globelmmune, Inc., as tenant.
	 
	3.	 	Lease by and between Assignor, as landlord and Storage Technology Corporation, as
tenant.




2









 











	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	Liquids=	 	 	 	 	 	 	 	 
	Irritant
	 	TEMED	 	IC	 	110-18-9	 	S	 	100	 	gm	 	365	 	0.22	 	M	 	F	 	1
	 
	 	Coomassie Plus Protien Assay	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Irritant
	 	Reagent	 	 	 	None	 	L	 	950	 	ml	 	365	 	0.2	 	M	 	I	 	1
	Irritant
	 	DMSO	 	 	 	67-68-5	 	L	 	1	 	L	 	365	 	2.1	 	M	 	I	 	1
	Irritant
	 	Ecoscint-O	 	 	 	None	 	L	 	12	 	L	 	365	 	25.8	 	M	 	D	 	1
	Irritant
	 	Gylcerin	 	 	 	56-81-5	 	L	 	40	 	L	 	365	 	86.0	 	M	 	D	 	1
	Irritant
	 	Nonidet P-40	 	 	 	9036-19-5	 	L	 	500	 	ml	 	365	 	1.1	 	M	 	I	 	1
	Irritant
	 	Picogreen	 	 	 	None	 	L	 	4	 	ml	 	365	 	0.01	 	M	 	I	 	1
	Irritant
	 	Tris-glycine-SDS	 	 	 	None	 	S	 	400	 	g	 	365	 	0.88	 	M	 	I	 	1
	Irritant
	 	Triton X-1  00	 	 	 	9002-93-1	 	L	 	500	 	ml	 	365	 	1.1	 	M	 	I	 	1
	Irritant
	 	Ammonium Sulfate	 	 	 	7783-20-2	 	S	 	10	 	kg	 	365	 	0.54	 	M	 	I	 	1
	Irritant
	 	Bis	 	 	 	2716-10-1	 	S	 	1500	 	g	 	365	 	3.30	 	M	 	D	 	1
	Irritant
	 	Boric Acid	 	 	 	10043-35-3	 	S	 	10	 	g	 	365	 	0.02	 	M	 	D	 	1
	Irritant
	 	Bromophenol Blue Aqueous	 	 	 	252-17-0	 	S	 	500	 	g	 	365	 	1.10	 	M	 	D	 	1
	Irritant
	 	Calcium Sulfate	 	 	 	7778-18-9	 	S	 	500	 	g	 	365	 	1.10	 	M	 	D	 	1
	Irritant
	 	Citric Acid Anhydrous	 	 	 	77-82-9	 	S	 	2000	 	g	 	365	 	4.41	 	M	 	I	 	1
	Irritant
	 	Deoxycholic Acid, Sodium Salt	 	 	 	302-95-4	 	S	 	100	 	g	 	365	 	0.22	 	M	 	I	 	1
	Irritant
	 	Dextrose	 	 	 	50-99-7	 	S	 	500	 	g	 	365	 	1.10	 	M	 	D	 	1
	Irritant
	 	Drierite	 	 	 	7778-18-9	 	S	 	3	 	kg	 	365	 	0.16	 	M	 	D	 	1
	Irritant
	 	D-Sorbitol	 	 	 	50-70-4	 	S	 	5	 	kg	 	365	 	0.27	 	M	 	I	 	1
	Irritant
	 	EDTA	 	 	 	60-00-4	 	S	 	500	 	g	 	365	 	1.10	 	M	 	D	 	1
	Irritant
	 	Glucose	 	 	 	50-99-7	 	S	 	1	 	kg	 	365	 	0.05	 	M	 	D	 	1
	Irritant
	 	Glycine	 	 	 	56-40-6	 	S	 	4	 	kg	 	365	 	0.22	 	M	 	D	 	1
	Irritant
	 	HEPES	 	 	 	7365-45-9	 	S	 	500	 	g	 	365	 	1.10	 	M	 	I	 	1
	Irritant
	 	Lysozyme	 	 	 	None	 	S	 	100	 	g	 	365	 	0.22	 	M	 	I	 	1
	Irritant
	 	Magnesium Acetate	 	 	 	76030-84-7	 	S	 	1000	 	g	 	365	 	2.20	 	M	 	I	 	1
	Irritant
	 	Magnesium Chloride	 	 	 	232-094-6	 	S	 	500	 	g	 	365	 	1.10	 	M	 	I	 	1
	Irritant
	 	MES	 	 	 	4432-31-9	 	S	 	100	 	g	 	365	 	0.22	 	M	 	D	 	1
	Irritant
	 	n-Octyl-B-D-glucopyranoside	 	 	 	29836-26-8	 	S	 	5	 	g	 	365	 	0.01	 	M	 	I	 	1
	Irritant
	 	Potassium Acetate	 	 	 	127-08-2	 	S	 	3	 	kg	 	365	 	0.16	 	M	 	I	 	1
	Irritant
	 	Potassium chloride	 	 	 	7447-40-7	 	S	 	3	 	kg	 	365	 	0.16	 	M	 	I	 	1
	Irritant
	 	potassium- phosphate dibasic	 	 	 	7758-11-4	 	S	 	3	 	kg	 	365	 	0.16	 	M	 	I	 	1
	Irritant
	 	potassium- phosphate monobasic	 	 	 	7778-77-0	 	S	 	3	 	kg	 	365	 	0.16	 	M	 	I	 	1
	Irritant
	 	Protamine Sulfate	 	 	 	9007-31-2	 	S	 	5	 	g	 	365	 	0.01	 	M	 	I	 	1
	Irritant
	 	Silica Gel Desiciant	 	 	 	None	 	S	 	2.5	 	kg	 	365	 	0.14	 	M	 	D	 	1
	Irritant
	 	Sodium Bicarbonate	 	 	 	144-55-8	 	S	 	500	 	g	 	365	 	1.10	 	M	 	I	 	1
	Irritant
	 	Sodium Chloride	 	 	 	7647-14-5	 	S	 	3	 	kg	 	365	 	0.16	 	M	 	I	 	1
	Irritant
	 	Sodium citrate	 	 	 	6132-05-4	 	S	 	1500	 	g	 	365	 	3.30	 	M	 	I	 	1
	Irritant
	 	Sodium Pyrophosphate	 	 	 	7722-88-5	 	S	 	9	 	kg	 	365	 	0.49	 	M	 	I	 	1






 19




 









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Irritant

	 	Sodium Sulfate
	 	7757-82-6
	 	S
	 	 	500	 	 	 	g	 	 	 	365	 	 	 	1.10	 	 	M
	 	I
	 	 	1	 
	Irritant

	 	Tricina
	 	5704-04-1
	 	S
	 	 	500	 	 	 	g	 	 	 	365	 	 	 	1.10	 	 	M
	 	I
	 	 	1	 
	Irritant

	 	Tris
	 	77-86-1
	 	S
	 	 	10	 	 	kg
	 	 	365	 	 	 	0.54	 	 	M
	 	I
	 	 	1	 
	 

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	Total Irritants=	 	 	144.51	 	 	Ibs.  	 	 	 	 	 	 
	N/A

	 	Count Off
	 	N/A
	 	L
	 	 	2	 	 	 	L	 	 	 	365	 	 	 	0.5	 	 	M
	 	D
	 	 	1	 
	N/A

	 	Streptavidin_alkaline Phosphatase Conjugate
	 	None
	 	L
	 	 	4	 	 	ml
	 	 	365	 	 	 	0.00	 	 	M
	 	I
	 	 	1	 
	N/A

	 	Carbowax PEG 8000
	 	25322-68-3
	 	S
	 	 	12	 	 	kg
	 	 	365	 	 	 	0.65	 	 	M
	 	D
	 	 	1	 
	N/A

	 	Casitone Media
	 	N/A
	 	S
	 	 	500	 	 	 	g	 	 	 	365	 	 	 	1.10	 	 	M
	 	D
	 	 	1	 
	N/A

	 	IPTG
	 	N/A
	 	S
	 	 	100	 	 	 	g	 	 	 	365	 	 	 	0.22	 	 	M
	 	D
	 	 	1	 
	N/A

	 	L-glutmaic acid
	 	N/A
	 	S
	 	 	1	 	 	kg
	 	 	365	 	 	 	0.05	 	 	M
	 	D
	 	 	1	 
	N/A

	 	Lysol I.C.
	 	N/A
	 	S
	 	 	1	 	 	gal
	 	 	365	 	 	 	1	 	 	M
	 	D
	 	 	1	 
	N/A

	 	polyoxyethylene 20 cetyl Ether
	 	9004-95-9
	 	S
	 	 	500	 	 	 	g	 	 	 	365	 	 	 	1.10	 	 	M
	 	D
	 	 	1	 
	N/H

	 	Blue Dextran
	 	None
	 	L
	 	 	10	 	 	 	g	 	 	 	365	 	 	 	0.02	 	 	M
	 	D
	 	 	1	 
	N/H

	 	M13mp18 RF DNA
	 	N/A
	 	L
	 	 	10	 	 	mg
	 	 	365	 	 	 	0.00002	 	 	M
	 	D
	 	 	0	 
	N/H

	 	Murine IgG Immunoglogulin
	 	N/A
	 	L
	 	 	1	 	 	ml
	 	 	365	 	 	 	0.0	 	 	M
	 	D
	 	 	0	 
	N/H

	 	pH standard Buffers
	 	N/A
	 	L
	 	 	2000	 	 	ml
	 	 	365	 	 	 	0.5	 	 	M
	 	D
	 	 	1	 
	N/H

	 	Rabbit IgG Immunoglogulin
	 	N/A
	 	L
	 	 	1	 	 	ml
	 	 	365	 	 	 	0.00	 	 	M
	 	D
	 	 	0	 
	N/H

	 	Radioactive Decontaminant
	 	N/A
	 	L
	 	 	8	 	 	oz
	 	 	365	 	 	 	N/A	 	 	M
	 	D
	 	 	0	 
	N/H

	 	SYBR Gold
	 	None
	 	L
	 	 	1	 	 	ml
	 	 	365	 	 	 	0.00	 	 	M
	 	D
	 	 	1	 
	N/H

	 	T4 Polynucleotide kinase
	 	N/A
	 	L
	 	 	200	 	 	Units
	 	 	365	 	 	 	N/A	 	 	M
	 	D
	 	 	0	 
	N/H

	 	T7 DNA polymerase
	 	N/A
	 	L
	 	 	200	 	 	Units
	 	 	365	 	 	 	N/A	 	 	M
	 	D
	 	 	0	 
	N/H

	 	Adenosine 5’-Triphosphate
	 	9000-83-3
	 	S
	 	 	5	 	 	 	g	 	 	 	365	 	 	 	0.01	 	 	M
	 	D
	 	 	1	 
	N/H

	 	Adenosine-5’-O-(3-thiotriphosphate)
	 	93839-8905
	 	S
	 	 	200	 	 	mmol
	 	 	365	 	 	 	N/A	 	 	M
	 	D
	 	 	0	 
	N/H

	 	Calf thymus DNA
	 	N/A
	 	S
	 	 	250	 	 	mg
	 	 	365	 	 	 	0.0000	 	 	M
	 	D
	 	 	0	 
	N/H

	 	Cytidine-5’-triphosphate
	 	N/A
	 	S
	 	 	5	 	 	 	g	 	 	 	365	 	 	 	0.01	 	 	M
	 	D
	 	 	0	 
	N/H

	 	Deoxyadenosine-5’-triphosphate
	 	N/A
	 	S
	 	 	5	 	 	 	g	 	 	 	365	 	 	 	0.01	 	 	M
	 	D
	 	 	0	 
	N/H

	 	Deoxycytidine-5’-triphosphate
	 	N/A
	 	S
	 	 	5	 	 	 	g	 	 	 	365	 	 	 	0.01	 	 	M
	 	D
	 	 	0	 
	N/H

	 	Deoxyguanosine-5’-triphosphate
	 	N/A
	 	S
	 	 	5	 	 	 	g	 	 	 	365	 	 	 	0.01	 	 	M
	 	D
	 	 	0	 
	N/H

	 	DNA replication enzymes
	 	N/A
	 	S
	 	 	3	 	 	 	g	 	 	 	365	 	 	 	0.01	 	 	M
	 	D
	 	 	0	 
	N/H

	 	DNA, various sources
	 	N/A
	 	S
	 	 	100	 	 	mg
	 	 	365	 	 	 	0.00022	 	 	M
	 	D
	 	 	0	 
	N/H

	 	Dnase I
	 	9003-98-9
	 	S
	 	 	100	 	 	mg
	 	 	365	 	 	 	0.00022	 	 	M
	 	D
	 	 	0	 
	N/H

	 	Guanosine-5’-triphosphate
	 	N/A
	 	S
	 	 	5	 	 	 	g	 	 	 	365	 	 	 	0.01	 	 	M
	 	D
	 	 	0	 
	N/H

	 	Poly (dA-dC)Poly (dG-dT)
	 	N/A
	 	S
	 	 	5	 	 	Units
	 	 	365	 	 	 	N/A	 	 	M
	 	D
	 	 	0	 
	N/H

	 	Polydeoxyadenylic acid
	 	N/A
	 	S
	 	 	25	 	 	Units
	 	 	365	 	 	 	N/A	 	 	M
	 	D
	 	 	0	 
	N/H

	 	Prateose peptone #3
	 	N/A
	 	S
	 	 	500	 	 	 	g	 	 	 	365	 	 	 	1.10	 	 	M
	 	D
	 	 	1	 
	N/H

	 	Restriction enzymes
	 	N/A
	 	S
	 	 	5000	 	 	Units
	 	 	365	 	 	 	N/A	 	 	M
	 	D
	 	 	0	 
	N/H

	 	Sucrose
	 	57-50-1
	 	S
	 	 	6	 	 	kg
	 	 	365	 	 	 	0.33	 	 	M
	 	D
	 	 	1	 
	N/H

	 	Tetracycline
	 	60-54-8
	 	S
	 	 	5	 	 	 	g	 	 	 	365	 	 	 	0.01	 	 	M
	 	D
	 	 	1	 
	N/H

	 	THAM
	 	77-86-1
	 	S
	 	 	2	 	 	kg
	 	 	365	 	 	 	0.11	 	 	M
	 	D
	 	 	1	 
	N/H

	 	Thymidine-5’-triphosphate
	 	N/A
	 	S
	 	 	5	 	 	 	g	 	 	 	365	 	 	 	0.01	 	 	M
	 	D
	 	 	0	 






 20




 









 





	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	N/H

	 	Todd Hewitt Broth
	 	None
	 	S
	 	 	10	 	 	kg
	 	 	365	 	 	 	0.54	 	 	M
	 	D
	 	 	1	 
	N/H

	 	Topoisomerase IV
	 	N/A
	 	S
	 	 	5	 	 	mg
	 	 	365	 	 	 	0.00001	 	 	M
	 	D
	 	 	0	 
	N/H

	 	Trypticase Soy Broth
	 	None
	 	S
	 	 	1000	 	 	g
	 	 	365	 	 	 	2.20	 	 	M
	 	D
	 	 	1	 
	N/H

	 	Tryptone Peptone
	 	N/A
	 	S
	 	 	3	 	 	kg
	 	 	365	 	 	 	0.16	 	 	M
	 	D
	 	 	1	 
	N/H

	 	Uridine-5’-triphosphate
	 	None
	 	S
	 	 	5	 	 	g
	 	 	365	 	 	 	0.01	 	 	M
	 	D
	 	 	0	 
	N/H

	 	Yeast Extract
	 	8013-01-2
	 	S
	 	 	10	 	 	kg
	 	 	365	 	 	 	0.54	 	 	M
	 	I
	 	 	1	 
	NH

	 	1 step NBT/BCIP
	 	N/A
	 	L
	 	 	250	 	 	ml
	 	 	365	 	 	 	0.06	 	 	M
	 	D
	 	 	1	 
	NH

	 	Agarose
	 	N/A
	 	S
	 	 	750	 	 	g
	 	 	365	 	 	 	1.65	 	 	M
	 	D
	 	 	1	 
	NH

	 	Albumin, Bovine
	 	N/A
	 	S
	 	 	200	 	 	g
	 	 	365	 	 	 	0.44	 	 	M
	 	D
	 	 	1	 
	NH

	 	Alumina
	 	1344-28-1
	 	S
	 	 	500	 	 	g
	 	 	365	 	 	 	1.10	 	 	M
	 	I
	 	 	1	 
	NH

	 	Ammonium Bicarbonate
	 	1066-33-7
	 	S
	 	 	500	 	 	g
	 	 	365	 	 	 	1.10	 	 	M
	 	I
	 	 	1	 
	NH

	 	Bacto-Argar
	 	None
	 	S
	 	 	500	 	 	g
	 	 	365	 	 	 	1.10	 	 	M
	 	I
	 	 	1	 
	NH

	 	Bentonite
	 	1302-78-9
	 	S
	 	 	500	 	 	g
	 	 	365	 	 	 	1.10	 	 	M
	 	D
	 	 	1	 
	NH

	 	Brain Heart Infusion
	 	None
	 	S
	 	 	500	 	 	g
	 	 	365	 	 	 	1.10	 	 	M
	 	D
	 	 	1	 
	 

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	Total Non-hazardous=	 	 	17.95	 	Ibs.  	 	 	 	 	 	 
	OX

	 	Ammonium Persulfate
	 	7727-54-0
	 	S
	 	 	200	 	 	g
	 	 	365	 	 	 	0.44	 	 	M
	 	I
	 	 	1	 
	OX

	 	Sodium Borate
	 	10332-33-9
	 	S
	 	 	500	 	 	g
	 	 	365	 	 	 	1.10	 	 	M
	 	I
	 	 	1	 
	 

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	Total Oxidizers=	 	 	1.54	 	Ibs.  	 	 	 	 	 	 
	 

	 	 	 	79-06-1 ,110-	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	POISON

	 	30% Acrylamide/Bis 37.5:1
	 	26-9
	 	L
	 	 	1500	 	 	ml
	 	 	365	 	 	 	0.39	 	 	M
	 	D
	 	 	1	 
	 

	 	 	 	79-06-1, 110-	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	POISON

	 	30% Acrylamide/Bis29:1
	 	26-9
	 	L
	 	 	500	 	 	ml
	 	 	365	 	 	 	0.13	 	 	M
	 	D
	 	 	1	 
	 

	 	 	 	79-06-1, 110-	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	POISON

	 	40% Acrylamide/Bis 19:1
	 	26-9
	 	L
	 	 	500	 	 	ml
	 	 	365	 	 	 	0.13	 	 	M
	 	D
	 	 	1	 
	POISON

	 	Buffer-Saturated Phenol
	 	108-95-2
	 	L
	 	 	100	 	 	ml
	 	 	365	 	 	 	0.03	 	 	M
	 	D
	 	 	1	 
	POISON

	 	Chloroform
	 	67-66-3
	 	L
	 	 	208	 	 	L
	 	 	365	 	 	 	10.0	 	 	M
	 	I
	 	 	5	 
	POISON

	 	Formamide
	 	75-12-7
	 	L
	 	 	1	 	 	L
	 	 	365	 	 	 	0.3	 	 	M
	 	D
	 	 	1	 
	POISON

	 	Tween-20
	 	9005-64-5
	 	L
	 	 	500	 	 	ml
	 	 	365	 	 	 	0.13	 	 	M
	 	I
	 	 	1	 
	 

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Total Poisonous Liquids=	 	 	11.06	 	 	gals	 	 	 	 	 	 
	POISON

	 	Acrylamide 99.9%
	 	79-06-1
	 	S
	 	 	200	 	 	g
	 	 	365	 	 	 	0.44	 	 	M
	 	D
	 	 	1	 
	POISON

	 	Ammonium Chloride
	 	12125-02-9
	 	S
	 	 	1000	 	 	g
	 	 	365	 	 	 	2.20	 	 	M
	 	I
	 	 	1	 
	POISON

	 	Ammonium Foramte
	 	N/A
	 	S
	 	 	500	 	 	g
	 	 	365	 	 	 	1.10	 	 	M
	 	D
	 	 	1	 
	POISON

	 	Ammonium Formate
	 	540-69-2
	 	S
	 	 	500	 	 	g
	 	 	365	 	 	 	1.10	 	 	M
	 	I
	 	 	1	 
	POISON

	 	Ampicillin Sodium Salt
	 	69-52-3
	 	S
	 	 	400	 	 	g
	 	 	365	 	 	 	0.88	 	 	M
	 	I
	 	 	1	 
	POISON

	 	Benzamidine
	 	618-39-3
	 	S
	 	 	5	 	 	g
	 	 	365	 	 	 	0.01	 	 	M
	 	I
	 	 	1	 
	POISON

	 	Betaine
	 	107-43-7
	 	S
	 	 	500	 	 	g
	 	 	365	 	 	 	1.10	 	 	M
	 	I
	 	 	1	 
	POISON

	 	Calcium Chloride
	 	10043-52-4
	 	S
	 	 	500	 	 	g
	 	 	365	 	 	 	1.10	 	 	M
	 	D
	 	 	1	 
	POISON

	 	Cesium Chloride
	 	7647-17-8
	 	S
	 	 	1	 	 	kg
	 	 	365	 	 	 	0.05	 	 	M
	 	D
	 	 	1	 
	POISON

	 	Chloramphenicol
	 	56-75-7
	 	S
	 	 	100	 	 	g
	 	 	365	 	 	 	0.22	 	 	M
	 	D
	 	 	1	 
	POISON

	 	Crystal Violet
	 	548-52-9
	 	S
	 	 	25	 	 	g
	 	 	365	 	 	 	0.06	 	 	M
	 	I
	 	 	1	 
	POISON

	 	d-Biotin
	 	58-85-5
	 	S
	 	 	25	 	 	g
	 	 	365	 	 	0.06	 	M
	 	D
	 	 	1	 






 21





 









 







     HAZARDOUS
MATERIALS INVENTORY STATEMENT



	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	Annual
	 	 	 	 	UFC Fl.	 	 	 	 	 	Qty. on	 	 	 	Days	 	 	 	 	 	 	 	 	 	Waste
	 	 	 	 	Liq.	 	C.A.S	 	Physical	 	Hand (Max.	 	 	 	on	 	Qty. on Hand	 	 	 	SARA	 	Throughput
	Hazard Class	 	Common/ Trade Name	 	Class	 	Number	 	State	 	Avg.)	 	Units	 	Site	 	(Liquids=gals)(Solids=lbs.)	 	Storage Type	 	Class	 	(gals)
	COMB

	 	Mineral Oil
	 	 	 	8042-47-5
	 	L
	 	 	1	 	 	L
	 	 	365	 	 	 	0.3	 	 	M
	 	D
	 	 	1	 
	COMB

	 	Dichloromethane
	 	Comb
	 	75-09-2
	 	L
	 	 	208	 	 	L
	 	 	265	 	 	 	5.0	 	 	M
	 	D
	 	 	5	 
	COMB

	 	No count Radioactive

Decontaminant
	 	 	 	N/A
	 	L
	 	 	8	 	 	oz
	 	 	365	 	 	 	0.06	 	 	M
	 	D
	 	 	1	 
	 

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Total Combustible
Liquids	=	 	 	5.32	 	 	gals	 	 	 	 	 	 
	COR

	 	Acetic Acid
	 	 	 	69-19-7
	 	L
	 	 	8	 	 	L
	 	 	365	 	 	 	2.1	 	 	M
	 	I
	 	 	1	 
	COR

	 	Sodium Hydroxide 10 N Solution
	 	 	 	1310-73-2
	 	L
	 	 	3	 	 	L
	 	 	365	 	 	 	0.8	 	 	M
	 	I
	 	 	1	 
	 

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Total Corrosive
Liquids 	=	 	 	2.8	 	 	gals	 	 	 	 	 	 
	 

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	COR

	 	Imidazole
	 	 	 	288-32-4
	 	S
	 	 	500	 	 	g
	 	 	365	 	 	 	1.10	 	 	M
	 	I
	 	 	1	 
	COR

	 	Sodium Hydroxide
	 	 	 	1310-73-2
	 	S
	 	 	500	 	 	g
	 	 	365	 	 	 	1.10	 	 	M
	 	I
	 	 	1	 
	COR

	 	Sodium phosphate
	 	 	 	7558-79-4
	 	S
	 	 	1	 	 	kg
	 	 	365	 	 	 	2.20	 	 	M
	 	I
	 	 	1	 
	COR

	 	Sodium phosphate
	 	 	 	7558-79-4
	 	S
	 	 	1	 	 	kg
	 	 	365	 	 	 	2.20	 	 	M
	 	I
	 	 	1	 
	COR

	 	Sodium phosphate, dibasic
	 	 	 	7558-79-4
	 	S
	 	 	1	 	 	kg
	 	 	365	 	 	 	2.20	 	 	M
	 	I
	 	 	1	 
	COR

	 	Spermidine
	 	 	 	124-20-9
	 	S
	 	 	200	 	 	g
	 	 	365	 	 	 	0.44	 	 	M
	 	D
	 	 	1	 
	COR

	 	Trichloroacetic Acid
	 	 	 	76-03-9
	 	S
	 	 	1	 	 	kg
	 	 	365	 	 	 	2.20	 	 	M
	 	I
	 	 	1	 
	 	 	 	 	 	 	 	 	Total Corrosive
Solids	=	 	 	11.45	 	 	Ibs.	 	 	 	 	 	 
	FLAM

	 	Diethyl ether
	 	IA
	 	60-29-7
	 	L
	 	 	208	 	 	L
	 	 	365	 	 	 	20.00	 	 	M
	 	F
	 	 	55	 
	 

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Total 1 A Flammable
Liquids	=	 	 	20.00	 	 	M	 	F	 	 	55	 
	FLAM

	 	1,4 Dioxane
	 	IB
	 	123-91-1
	 	L
	 	 	208	 	 	L
	 	 	365	 	 	 	53.70	 	 	M
	 	F
	 	 	55	 
	FLAM

	 	2-propanol (a.k.a.
isopropanol)
	 	IB
	 	67-63-0
	 	L
	 	 	208	 	 	L
	 	 	365	 	 	 	53.7	 	 	M
	 	F
	 	 	2	 
	FLAM

	 	Acetone
	 	IB
	 	67-64-1
	 	L
	 	 	208	 	 	L
	 	 	365	 	 	 	53.7	 	 	M
	 	F
	 	 	5	 
	FLAM

	 	Acetonitrile
	 	IB
	 	75-05-8
	 	L
	 	 	208	 	 	L
	 	 	365	 	 	 	53.7	 	 	M
	 	F
	 	 	8	 
	FLAM

	 	Ethanol
	 	IB
	 	64-17-5
	 	L
	 	 	208	 	 	L
	 	 	365	 	 	 	53.7	 	 	M
	 	F
	 	 	20	 
	FLAM

	 	Ethyl Acetate
	 	IB
	 	141-78-6
	 	L
	 	 	208	 	 	L
	 	 	365	 	 	 	53.7	 	 	M
	 	F
	 	 	55	 
	FLAM

	 	Hexanes
	 	IB
	 	—
	 	L
	 	 	208	 	 	L
	 	 	365	 	 	 	53.7	 	 	M
	 	F
	 	 	55	 
	FLAM

	 	Iso-Amyl Alcohol
	 	IB
	 	71-41-0
	 	L
	 	 	500	 	 	ml
	 	 	365	 	 	 	0.13	 	 	M
	 	F
	 	 	1	 
	FLAM

	 	Methanol
	 	IB
	 	67-56-1
	 	L
	 	 	208	 	 	L
	 	 	365	 	 	 	53.7	 	 	M
	 	F
	 	 	55	 
	FLAM

	 	Tetrahydrofuran
	 	IB
	 	109-99-9
	 	L
	 	 	208	 	 	L
	 	 	365	 	 	 	53.7	 	 	M
	 	F
	 	 	55	 
	FLAM

	 	Triethylamine	 	IB
	 	121-44-8
	 	L
	 	 	500	 	 	ml
	 	 	365	 	 	 	0.13	 	 	M
	 	F
	 	 	1	 
	FLAM

	 	Waste Flammable Liquid (n.o.s)
	 	IB
	 	N/A
	 	L
	 	 	110	 	 	gal
	 	 	365	 	 	 	110	 	 	M
	 	F
	 	 	3300	 
	 

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	Total IB Flammable
Liquids	=	 	 	539.7	 	 	gals	 	 	 	 	 	 
	FLAM

	 	1 -Butanol
	 	IC
	 	71-36-3
	 	L
	 	 	500	 	 	ml
	 	 	365	 	 	 	0.13	 	 	M
	 	F
	 	 	4	 
	FLAM

	 	2-Mercaptoethanol
	 	IC
	 	60-24-2
	 	L
	 	 	250	 	 	ml
	 	 	365	 	 	 	0.06	 	 	M
	 	I
	 	 	0.5	 
	 	 	 	 	 	 	 	 	Total IC Flammable	 	 	 	0.19
	 	 	gals	 	 	 	 	 	 






18









 







	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	Annual
	 	 	 	 	UFC Fl.	 	 	 	 	 	Qty. on	 	 	 	Days	 	 	 	 	 	 	 	 	 	Waste
	 	 	 	 	Liq.	 	C.A.S	 	Physical	 	Hand (Max.	 	 	 	on	 	Qty. on Hand	 	 	 	SARA	 	Throughput
	Hazard Class	 	Common/ Trade Name	 	Class	 	Number	 	State	 	Avg.)	 	Units	 	Site	 	(Liquids=gals)(Solids=lbs.)	 	Storage Type	 	Class	 	(gals)
	POISON

	 	Dithiothreitol
	 	 	 	3483-12-3
	 	S
	 	 	1	 	 	kg
	 	 	365	 	 	 	0.05	 	 	M
	 	I
	 	 	1	 
	POISON

	 	Ethidium bromide
	 	 	 	1239-45-8
	 	S
	 	 	5	 	 	g
	 	 	365	 	 	 	0.01	 	 	M
	 	D
	 	 	1	 
	POISON

	 	Ferric Chloride
	 	 	 	7705-08-0
	 	S
	 	 	250	 	 	g
	 	 	365	 	 	 	0.55	 	 	M
	 	D
	 	 	1	 
	POISON

	 	Kanamycin
	 	 	 	25389-94-0
	 	S
	 	 	5	 	 	g
	 	 	365	 	 	 	0.01	 	 	M
	 	D
	 	 	1	 
	POISON

	 	Magnesium Sulfate
	 	 	 	231-298-2
	 	S
	 	 	1000	 	 	g
	 	 	365	 	 	 	2.20	 	 	M
	 	D
	 	 	1	 
	POISON

	 	Nickel Sulfate
	 	 	 	10101-97-0
	 	S
	 	 	100	 	 	g
	 	 	365	 	 	 	0.22	 	 	M
	 	D
	 	 	1	 
	POISON

	 	Phenylmethylsulfonyl-Fluoride
	 	 	 	329-98-6
	 	S
	 	 	5	 	 	g
	 	 	365	 	 	 	0.01	 	 	M
	 	I
	 	 	1	 
	POISON

	 	Rifampicin
	 	 	 	13292-46-1
	 	S
	 	 	100	 	 	mg
	 	 	365	 	 	 	0.00022	 	 	M
	 	D
	 	 	1	 
	POISON

	 	SDS
	 	 	 	151-21-3
	 	S
	 	 	500	 	 	g
	 	 	365	 	 	 	1.10	 	 	M
	 	D
	 	 	1	 
	POISON

	 	Sodium acetate
	 	 	 	127-09-3
	 	S
	 	 	500	 	 	g
	 	 	365	 	 	 	1.10	 	 	M
	 	D
	 	 	1	 
	POISON

	 	Sodium Azide
	 	 	 	26628-22-8
	 	S
	 	 	100	 	 	g
	 	 	365	 	 	 	0.22	 	 	M
	 	I
	 	 	1	 
	POISON

	 	Urea
	 	 	 	57-13-6
	 	S
	 	 	3	 	 	kg
	 	 	365	 	 	 	0.16	 	 	M
	 	I
	 	 	1	 
	POISON

	 	Xylene Cyanole FF
	 	 	 	2650-17-1
	 	S
	 	 	25	 	 	g
	 	 	365	 	 	 	0.06	 	 	M
	 	I
	 	 	1	 
	POISON

	 	Zinc Sulfate
	 	 	 	7446-20-0
	 	S
	 	 	1	 	 	kg
	 	 	365	 	 	 	0.05	 	 	M
	 	I
	 	 	1	 
	 	 	 	 	 	 	 	 	 	 	Total
Poisonous Solids	=	 	 	14.08	 	 	Ibs.	 	 	 	 	 	 
	RAD

	 	Radioactive Isotope C14
	 	 	 	N/A
	 	L
	 	 	1	 	 	mCi
	 	 	365	 	 	 	N/A	 	 	M
	 	D
	 	 	0	 
	RAD

	 	Radioactive Isotope H3
	 	 	 	N/A
	 	L
	 	 	1	 	 	mCi
	 	 	365	 	 	 	N/A	 	 	M
	 	D
	 	 	0	 
	RAD

	 	Radioactive Isotope P32
	 	 	 	N/A
	 	L
	 	 	1	 	 	mCi
	 	 	365	 	 	 	N/A	 	 	M
	 	D
	 	 	0	 
	RAD

	 	Radioactive Isotope S35
	 	 	 	N/A
	 	L
	 	 	1	 	 	mCi
	 	 	365	 	 	 	N/A	 	 	M
	 	D
	 	 	0	 
	 
	Other

	 	Hazardous Wastes Solid (n.o.s.)
	 	 	 	N/A
	 	S
	 	 	110	 	 	gal
	 	 	365	 	 	 	110	 	 	M
	 	 	 	 	660	 
	 

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 






19









 





Replidyne, Inc. 

Active List of Reagents 

August, 2005




	 	 	 
	Reagent Name	 	Amount*
	M-Anisidine

	 	Research Quantity
	m-Dichlorobenzene

	 	Research Quantity
	Melphalan

	 	Research Quantity
	Mercury

	 	Research Quantity
	Mercury, (acetato-O)phenyl

	 	Research Quantity
	Methacrylic Acid

	 	Research Quantity
	Methacrylonitrile

	 	Research Quantity
	Methanamine, N-methyl-

	 	Research Quantity
	Methane, bromo-

	 	Research Quantity
	Methane, chloro-

	 	Research Quantity
	Methane, chloromethoxy-

	 	Research Quantity
	Methane, dibromo-

	 	Research Quantity
	Methane, dichloro-

	 	Research Quantity
	Methane, dichlorodifluoro-

	 	Research Quantity
	Methane, iodo-

	 	Research Quantity
	Methane, oxybis[chloro-

	 	Research Quantity
	Methane, tetrachloro-

	 	Research Quantity
	Methane, tetranitro-

	 	Research Quantity
	Methane, tribromo-

	 	Research Quantity
	Methane, trichloro-

	 	Research Quantity
	Methane, trichlorofluoro-

	 	Research Quantity
	Methanesulfonic acid, ethyl ester

	 	Research Quantity
	Methanethiol

	 	Research Quantity
	Methanethiol, trichloro-

	 	Research Quantity
	Methanol

	 	Research Quantity
	Methapyrilene

	 	Research Quantity
	Methoxycarbonylsulfenyl Chloride

	 	Research Quantity
	Methoxychlor

	 	Research Quantity
	Methyl 2-Acetamido-5-Bromobenzoate

	 	Research Quantity
	Methyl 2-Amino-4,5-Dimethoxybenzoate

	 	Research Quantity
	Methyl 2-Amino-4-Chlorobenzoate

	 	Research Quantity
	Methyl 2-Amino-5-lodobenzoate

	 	Research Quantity
	Methyl 2-Aminothiophene-3-Carboxylate

	 	Research Quantity
	Methyl 2-Bromopropionate

	 	Research Quantity
	Methyl 3,3-Dimethylacrylate

	 	Research Quantity
	Methyl 3-Aminothiophene-2-Carboxylate

	 	Research Quantity
	Methyl 4,5-Dibromo-3-Hydroxythiophene-2-Carboxylate

	 	Research Quantity
	Methyl 4-Aminobenzoate

	 	Research Quantity
	Methyl 4-Chloroacetoacetate

	 	Research Quantity
	Methyl 4-Fluorobenzoylacetate

	 	Research Quantity
	Methyl alcohol

	 	Research Quantity
	Methyl Anthranilate

	 	Research Quantity
	Methyl bromide

	 	Research Quantity
	Methyl Bromoacetate

	 	Research Quantity






Page 20









 





Replidyne, Inc.

Active
List of Reagents

August,
2005




	 	 	 
	Reagent Name	 	Amount*
	Methyl chloride

	 	Research Quantity
	Methyl chlorocarbonate

	 	Research Quantity
	Methyl Chlorodifluoroacetate

	 	Research Quantity
	Methyl chloroform

	 	Research Quantity
	Methyl Chloroformate

	 	Research Quantity
	Methyl Diphenyl Phosphine Oxide

	 	Research Quantity
	Methyl ethyl ketone

	 	Research Quantity
	Methyl ethyl ketone peroxide

	 	Research Quantity
	Methyl hydrazine

	 	Research Quantity
	Methyl Iodide

	 	Research Quantity
	Methyl isobutyl ketone

	 	Research Quantity
	Methyl isocyanate

	 	Research Quantity
	Methyl isothiocyanate

	 	Research Quantity
	Methyl methacrylate

	 	Research Quantity
	Methyl Nicotinoylacetate

	 	Research Quantity
	Methyl parathlon

	 	Research Quantity
	Methyl Tetrahydro-3-Thiophenone-4-Carboxylate

	 	Research Quantity
	Methyl-(1-Methyl-1h-Imidazoi-2-Ylmethyl)-Amine

	 	Research Quantity
	Methylene bromide

	 	Research Quantity
	Methylene chloride

	 	Research Quantity
	Methyllithium

	 	Research Quantity
	Methylthiouracil

	 	Research Quantity
	Methyltriphenylphosphonium Bromide

	 	Research Quantity
	Mitomycin C

	 	Research Quantity
	Molybdenum Hexacarbonyl

	 	Research Quantity
	Monomethyl Phthalate

	 	Research Quantity
	Mono-Methyl Succinate

	 	Research Quantity
	Mp-Tmt

	 	Research Quantity
	Myristic Acid

	 	Research Quantity
	N-(2-Hydroxyethyl)Morpholine

	 	Research Quantity
	N-(2-Hydroxyethyl)Piperidine

	 	Research Quantity
	N-(2-Methoxyethyl)Methylamine

	 	Research Quantity
	N-(2-Methoxyethyl)Urea

	 	Research Quantity
	N-(3-Aminopropyl)Morpholine

	 	Research Quantity
	N-(3-Methoxypropyl)Urea

	 	Research Quantity
	N,N’-Diethylhydrazine

	 	Research Quantity
	N,N-Diisopropylcarbodiimide

	 	Research Quantity
	N,N-Dimethylaniline

	 	Research Quantity
	N,N-Dimethylformamide Dimethyl Acetal

	 	Research Quantity
	Nafion(R), Trimethylsilylated

	 	Research Quantity
	Naphthalenamine, N,N’-bis(2-chloroethyl)-

	 	Research Quantity
	Naphthalene

	 	Research Quantity
	Naphthalene, 2-chloro-

	 	Research Quantity
	N-Bromosuccinimide

	 	Research Quantity






Page 21









 





Replidyne, Inc.

Active
List of Reagents 
August,
2005




	 	 	 
	Reagent Name	 	Amount*
	n-Butyl alcohol

	 	Research Quantity
	N-Butyllithium

	 	Research Quantity
	N-Cbz-S-Phenyl-L-Cysteine

	 	Research Quantity
	N-Hexylacetoacetic Acid Ethyl Ester

	 	Research Quantity
	Nicotine, & salts

	 	Research Quantity
	Ninhydrin

	 	Research Quantity
	Nipecotic Acid

	 	Research Quantity
	Nitric acid, thallium(1+) salt

	 	Research Quantity
	Nitrobenzene

	 	Research Quantity
	N-Methylisatoic Anhydride

	 	Research Quantity
	N-Methylmorpholine

	 	Research Quantity
	N-Methyl-N-Nitroso-P-Toluenesulfonamide

	 	Research Quantity
	N-Methylthiourea

	 	Research Quantity
	N-Nitrosodiethanolamine

	 	Research Quantity
	N-Nitrosodiethylamine

	 	Research Quantity
	N-Nitrosodi-n-butylamine

	 	Research Quantity
	N-Nitroso-N-ethylurea

	 	Research Quantity
	N-Nitroso-N-methylurea

	 	Research Quantity
	N-Nitroso-N-methylurethane

	 	Research Quantity
	N-Nitrosopiperidine

	 	Research Quantity
	N-Nitrosopyrrolidine

	 	Research Quantity
	N-Prop-2-Ynylurea

	 	Research Quantity
	n-Propylamine

	 	Research Quantity
	O,O-Diethyl O-pyrazinyl phosphorothioate

	 	Research Quantity
	O,O-Diethyl S-methyl dithiophosphate

	 	Research Quantity
	o-Chlorophenol

	 	Research Quantity
	o-Dichlorobenzene

	 	Research Quantity
	O-Phthalaldehyde

	 	Research Quantity
	Osmium oxide OsO4, (T-4)-

	 	Research Quantity
	Osmium tetroxide

	 	Research Quantity
	o-Toluidine

	 	Research Quantity
	o-Toluidine hydrochloride

	 	Research Quantity
	Oxirane

	 	Research Quantity
	Oxirane, (chloromethyl)-

	 	Research Quantity
	Oxiranecarboxyaldehyde

	 	Research Quantity
	Palladium

	 	Research Quantity
	Palladium On Carbon %

	 	Research Quantity
	P-Anisaldehyde

	 	Research Quantity
	P-Anisidine

	 	Research Quantity
	Paraformaldehyde

	 	Research Quantity
	Paraldehyde

	 	Research Quantity
	p-Benzoquinone

	 	Research Quantity
	p-Chloroaniline

	 	Research Quantity
	p-Chloro-m-cresol

	 	Research Quantity






Page 22









 





Replidyne, Inc.

Active
List of Reagents
 August,
2005




	 	 	 
	Reagent Name	 	Amount*
	p-Dichlorobenzene

	 	Research Quantity
	p-Dimethylaminoazobenzene

	 	Research Quantity
	Pentachlorobenzene

	 	Research Quantity
	Pentachloroethane

	 	Research Quantity
	Pentachloronitrobenzene

	 	Research Quantity
	Pentachlorophenol

	 	Research Quantity
	Pentanol, 4-methyl-

	 	Research Quantity
	Periodic Acid

	 	Research Quantity
	Phenacetin

	 	Research Quantity
	Phenol

	 	Research Quantity
	Phenol, 2-(1-methylethoxy)-,methylcarbamate

	 	Research Quantity
	Phenol, 2,2’-methylenebis[3,4,6-trichloro-

	 	Research Quantity
	Phenol, 2,3,4,6-tetrachloro-

	 	Research Quantity
	Phenol, 2,4,5-trichloro-

	 	Research Quantity
	Phenol, 2,4,6-trichloro-

	 	Research Quantity
	Phenol, 2,4-dichloro-

	 	Research Quantity
	Phenol, 2,4-dimethyl-

	 	Research Quantity
	Phenol, 2,4-dinitro

	 	Research Quantity
	Phenol, 2,6-dichloro-

	 	Research Quantity
	Phenol, 2-chloro-

	 	Research Quantity
	Phenol, 4,4’-(1,2-diethyl-1,2-ethenedlyl)bis-, (E)-

	 	Research Quantity
	Phenol, 4-chloro-3-methyl-

	 	Research Quantity
	Phenol, 4-nitro-

	 	Research Quantity
	Phenol, methyl-

	 	Research Quantity
	Phenol, pentachloro-

	 	Research Quantity
	Phenylacetaldehyde

	 	Research Quantity
	Phenylacetic Acid

	 	Research Quantity
	Phenylacetylene

	 	Research Quantity
	Phenylguanidine Carbonate

	 	Research Quantity
	Phenylurea

	 	Research Quantity
	Phosphoric acid, diethyl 4-nitrophenyl ester

	 	Research Quantity
	Phosphoric acid, lead(2+) salt (2:3)

	 	Research Quantity
	Phosphorodithioic
acid, O,O-diethyl S-methyl ester

	 	Research Quantity
	Phosphorus Pentachloride

	 	Research Quantity
	Phosphorus sulfide

	 	Research Quantity
	Phosphorus Tribromide

	 	Research Quantity
	Phosphorus Trichloride

	 	Research Quantity
	Phthalic anhydride

	 	Research Quantity
	Physostigmine, salicylate

	 	Research Quantity
	Piperazine-2-Carboxylic Acid Dihydrochloride

	 	Research Quantity
	Piperidine

	 	Research Quantity
	Piperidine, 1-nitroso-

	 	Research Quantity
	p-Nitroaniline

	 	Research Quantity
	p-Nitrophenol

	 	Research Quantity






Page 23









 






Replidyne, Inc. 
Active
List of Reagents 
August,
2005




	 	 	 
	Reagent Name	 	Amount*
	Poly(Ethylene Glycol) Mn(400)

	 	Research Quantity
	Potassium Cyanate

	 	Research Quantity
	Potassium Hydroxide

	 	Research Quantity
	Potassium Iodide

	 	Research Quantity
	Potassium Nitrosodisulfonate

	 	Research Quantity
	Potassium Permanganate

	 	Research Quantity
	Potassium Sodium Tarirate Tetrahydrate

	 	Research Quantity
	Potassium Tert-Butoxide 1.0m In Thf

	 	Research Quantity
	Potassium Thiocyanate

	 	Research Quantity
	P-Phenetidine

	 	Research Quantity
	Pronamide

	 	Research Quantity
	Propane, 1,2-dibromo-3-chloro-

	 	Research Quantity
	Propane, 1,2-dichloro-

	 	Research Quantity
	Propane, 2,2’-oxybis[2-chloro-

	 	Research Quantity
	Propane, 2-nitro-

	 	Research Quantity
	Propanedinitrile

	 	Research Quantity
	Propanoic acid, 2-(2,4,5-trichlorophenoxy)-

	 	Research Quantity
	Propargyl Alcohol Tetrahydro-2h-Pyran Ether

	 	Research Quantity
	Propham

	 	Research Quantity
	Propionitrile

	 	Research Quantity
	Propionyl Chloride

	 	Research Quantity
	Propoxur

	 	Research Quantity
	Propranolol Hydrochloride

	 	Research Quantity
	Propylene dichloride

	 	Research Quantity
	Propyne

	 	Research Quantity
	Prosulfocarb

	 	Research Quantity
	Ps-Benzaldehyde

	 	Research Quantity
	P-Toluenesulfonic Acid Monohydrate

	 	Research Quantity
	p-Toluidine

	 	Research Quantity
	Pyrazinamide

	 	Research Quantity
	Pyridine

	 	Research Quantity
	Pyridine, 2-methyl-

	 	Research Quantity
	Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)-, & salts

	 	Research Quantity
	Pyridinium Chlorochromate

	 	Research Quantity
	Pyridinium P-Toluenesulfonate

	 	Research Quantity
	Pyrrole-2-Carboxaldehyde

	 	Research Quantity
	Pyrrolidine

	 	Research Quantity
	Pyrrolidine, 1-nitroso-

	 	Research Quantity
	Quinoline

	 	Research Quantity
	Rarechem Ah Bs 0111

	 	Research Quantity
	Reserpine

	 	Research Quantity
	Resorcinol

	 	Research Quantity
	Rhodanine

	 	Research Quantity
	Saccharin, & salts

	 	Research Quantity






Page 24









 





Replidyne, Inc. 
Active
List of Reagents 
August,
2005




	 	 	 
	Reagent Name	 	Amount*
	Safrole

	 	Research Quantity
	Salicylaldehyde

	 	Research Quantity
	Salicylic Acid

	 	Research Quantity
	Scandium
(iii) Trifluoromethanesulfonate

	 	Research Quantity
	Sec-Butyllithium

	 	Research Quantity
	Selenious acid

	 	Research Quantity
	Selenium dioxide

	 	Research Quantity
	Selenium sulfide

	 	Research Quantity
	Selenourea

	 	Research Quantity
	Silvex (2,4,5-TP)

	 	Research Quantity
	Sodium

	 	Research Quantity
	Sodium Acetate Trihydrate

	 	Research Quantity
	Sodium Dicyanamide

	 	Research Quantity
	Sodium Ethoxide

	 	Research Quantity
	Sodium Hydride 60% In Mineral Oil

	 	Research Quantity
	Sodium Hypophosphite

	 	Research Quantity
	Sodium Iodide

	 	Research Quantity
	Sodium Methoxide

	 	Research Quantity
	Sodium Nitrite

	 	Research Quantity
	Sodium Periodate

	 	Research Quantity
	Sodium Tert-Butoxide

	 	Research Quantity
	Stannous Chloride

	 	Research Quantity
	Streptozotocin

	 	Research Quantity
	S-Trioxane

	 	Research Quantity
	Succinic Anhydride

	 	Research Quantity
	Sulfur phosphide

	 	Research Quantity
	Sulfuric acid, dimethyl ester

	 	Research Quantity
	Sulfuryl Chloride

	 	Research Quantity
	Taurine

	 	Research Quantity
	Tert-Butyl 2,2,2-Trichloroacetimidate

	 	Research Quantity
	Tert-Butyl Acetoacetate

	 	Research Quantity
	Tert-Butyl Bromoacetate

	 	Research Quantity
	Tert-Butyl Glycidyl Ether

	 	Research Quantity
	Tert-Butyl Isocyanate

	 	Research Quantity
	Tert-Butyl N-(2-Oxoethyl)Carbamate

	 	Research Quantity
	Tert-Butylacetyl Chloride

	 	Research Quantity
	Tert-Butylamine

	 	Research Quantity
	Tert-Butyldimethylchlorosilane

	 	Research Quantity
	Tetrabutylammonium Bromide

	 	Research Quantity
	Tetrabutylammonium Chloride

	 	Research Quantity
	Tetrabutylammonium Iodide

	 	Research Quantity
	Tetrachloroethylene

	 	Research Quantity
	Tetraethoxysilane

	 	Research Quantity
	Tetrahydrofuran

	 	Research Quantity






Page 25









 





Replidyne, Inc.

Active
List of Reagents 
August,
2005




	 	 	 
	Reagent Name	 	Amount*
	Tetrapropylammonium Perruthenate

	 	Research Quantity
	Thallium chloride TICI

	 	Research Quantity
	Thalllum(l) acetate

	 	Research Quantity
	Thallium(l) carbonate

	 	Research Quantity
	Thallium(l) chloride

	 	Research Quantity
	Thallium(l) nitrate

	 	Research Quantity
	Thioacetamide

	 	Research Quantity
	Thiodicarb

	 	Research Quantity
	Thiomethanol

	 	Research Quantity
	Thioperoxydicarbonic diamide [(H2N)C(S)]2S2, tetramethyl-

	 	Research Quantity
	Thiophanate-methyl

	 	Research Quantity
	Thiophene-2-Boronic Acid

	 	Research Quantity
	Thiophene-3-Boronic Acid

	 	Research Quantity
	Thiophosgene

	 	Research Quantity
	Thiourea

	 	Research, Quantity
	Thiram

	 	Research Quantity
	Tin

	 	Research Quantity
	Titanium Dioxide

	 	Research Quantity
	Titanium Ethoxide

	 	Research Quantity
	Toluene

	 	Research Quantity
	Toluene diisocyanate

	 	Research Quantity
	Toluenediamine

	 	Research Quantity
	Triallate

	 	Research Quantity
	Tribromoacetaldehyde

	 	Research Quantity
	Trichloroethylene

	 	Research Quantity
	Trichloromonofluoromethane

	 	Research Quantity
	Trichlorosilane

	 	Research Quantity
	Triethanolamine

	 	Research Quantity
	Triethylamine

	 	Research Quantity
	Trielhylamine Trihydrofluoride

	 	Research Quantity
	Triethylammonium Acetate

	 	Research Quantity
	Triethylchlorosilane

	 	Research Quantity
	Triethylenediamine

	 	Research Quantity
	Trifluoroacetic Anhydride

	 	Research Quantity
	Trifluoromethanesulfonic Acid

	 	Research Quantity
	Triisopropyl Borate

	 	Research Quantity
	Trimethyl Borate

	 	Research Quantity
	Trimethyl Orthoacetate

	 	Research Quantity
	Trimethyl Orthoformate

	 	Research Quantity
	Trimethyl(Phenyl)Tin

	 	Research Quantity
	Trimethylaluminum

	 	Research Quantity
	Trimethylamine N-Oxide Dihydrate

	 	Research Quantity
	Trimethylchlorosilane

	 	Research Quantity
	Trimethylsilyl Polyphosphate

	 	Research Quantity






Page 26









 





Replidyne, Inc.
 Active
List of Reagents 
August,
2005




	 	 	 
	Reagent Name	 	Amount*
	Trimethylsilyl Trifluoromethanesulfonate

	 	Research Quantity
	Trimethylsilyldiazomethane

	 	Research Quantity
	Tri-N-Butyltin Chloride

	 	Research Quantity
	Triphenylphosphine Resin

	 	Research Quantity
	Triphosgene

	 	Research Quantity
	Tris(2,3-dibromopropyl) phosphate

	 	Research Quantity
	Tri-Tert-Butylphosphine

	 	Research Quantity
	Trypan blue

	 	Research Quantity
	Uracil mustard

	 	Research Quantity
	Urea, N-ethyl-N-nitroso-

	 	Research Quantity
	Urea, N-methyl-N-nitroso-

	 	Research Quantity
	Vinyl chloride

	 	Research Quantity
	Warfarin

	 	Research Quantity
	Warfarin, & salts

	 	Research Quantity
	Xylene (l)

	 	Research Quantity
	Zinc phosphide Zn3P2

	 	Research Quantity








 




	
	*
	 
	
 Research Quantity generally means < 500 g for solids and < 10 L for
liquids. Listed amounts represent quantities intended for actual use or storage
on the Premises. The maximum quantity of each reagent in use or in storage at
the Premises at any given time, is approximately four times the listed amount.
The maximum annual quantity of each reagent used and stored on the Premises is
approximately ten times the listed amount. This list is not meant to be
exhaustive.






Page 27









 







Replidyne, Inc.

Active List of Solvents

August, 2005




	 	 	 
	Solvent Name	 	Amount*
	Acetone
	 	55 gal
	Methanol
	 	55 gal
	Ethanol
	 	55 gal
	Isopropanol
	 	55 gal
	Acetonitrile
	 	55 gal
	Dichloromethane
	 	55 gal
	Chloroform
	 	55 gal
	Ethyl Acetate
	 	55 gal
	Hexanes
	 	55 gal
	Diethyl Ether
	 	55 gal
	Tetrahydrofuran
	 	55 gal
	1,4-Dioxane
	 	55 gal








 




			
	*	 	Listed amounts represent quantities intended for actual use or storage on the
Premises. The maximum quantity of each reagent in use or in storage at the Premises at
any given time, is approximately four times the listed amount. The maximum annual
quantity of each reagent used and stored on the Premises is approximately ten times
the listed amount. This list is not meant to be exhaustive.




Page 1









 










Hazardous Substance Management Plan




for




Replidyne, Inc.




Louisville, Colorado




Revised: August 18, 2005




	 	 	 
	 

	 	







 









 








EXHIBIT D




SUBTENANT’S HAZARDOUS SUBSTANCE MANAGEMENT PLAN




 









 





Hazardous Substance Management Plan




For




Replidyne, Inc.




Louisville, Colorado




Revised: August 18, 2005




	 	 	 	 	 	 	 
	Prepared by:
	 	 	 	 	 	 
	 

	 	 

Dean M. Calhoun, CIH
	 	 

Date
	 	 
	 

	 	President and Principal Consultant	 	 	 	 
	 

	 	Affygility Solutions, L.L.C.	 	 	 	 






 









 






Table of Contents




	 	 	 	 	 	 	 
	Owner and Facility Information	 	 	1	 
	 
	 	 	 	 	 	 
	.I

	 	Introduction
	 	 	2	 
	 
	 	 	 	 	 	 
	.II

	 	Facility Description
	 	 	2	 
	 
	 	 	 	 	 	 
	.III

	 	Hazardous Materials Inventory Statements
	 	 	2	 
	 
	 	 	 	 	 	 
	.IV

	 	Separation and Monitoring
	 	 	2	 
	 
	 	 	 	 	 	 
	 

	 	General Storage and Safe Work Practices 
	 	 	2	 
	 

	 	Inspection Procedures 
	 	 	3	 
	 
	 	 	 	 	 	 
	.V

	 	Waste Disposal
	 	 	3	 
	 
	 	 	 	 	 	 
	 

	 	BIOHAZARDOUS WASTE
	 	 	3	 
	 

	 	Hazardous Wastes Generator Status 
	 	 	3	 
	 

	 	Collection and Disposal of Liquid Hazardous Wastes 
	 	 	3	 
	 

	 	Collection and Disposal of Solid Hazardous Wastes 
	 	 	4	 
	 

	 	Shipment, Transportation, and Disposal of Hazardous Wastes 
	 	 	4	 
	 

	 	Collection and Disposal of Radioactive Wastes 
	 	 	4	 
	 

	 	          Discharges to the POTW
	 	 	4	 
	 

	 	          Disposal of Scintillation Vials and Dry Wastes
	 	 	4	 
	 

	 	          Records of Radioactive Wastes Disposal
	 	 	4	 
	 

	 	Collection, Storage, and Disposal of Biohazardous Wastes 
	 	 	5	 
	 
	 	 	 	 	 	 
	.VI

	 	Rccordkeeping
	 	 	5	 
	 
	 	 	 	 	 	 
	.VII

	 	y Response PlanEmcrgenc
	 	 	5	 
	 
	 	 	 	 	 	 
	.VIII

	 	Emergency Response Training Plan
	 	 	6	 
	 
	 	 	 	 	 	 
	.IX

	 	Site Closure
	 	 	6	 
	 
	 	 	 	 	 	 
	Appendixes	 	 	7	 
	 
	 	 	 	 	 	 
	 

	 	Appendix l — Definitions and Acronyms 
	 	 	8	 
	 

	 	Appendix
2 — Emergency Exits 
	 	 	9	 
	 

	 	Appendix
3 — Forms 
	 	 	10	 
	 

	 	          Laboratory EH&S Assessment Checklist
	 	 	11	 
	 

	 	          Hazardous Wastes Inspection Log
	 	 	13	 
	 

	 	          Employee Training Record
	 	 	14	 
	 

	 	          New Employee Orientation Checklist
	 	 	15	 
	 

	 	Appendix 4 — Site Closure Issues to Consider 
	 	 	16	 
	 

	 	Appendix
5 — Hazardous Materials Inventory Statements 
	 	 	17	 






ii









 









Owner and Facility Information




Ownership Information




	 	 	 	 	 	 	 
	Business Name:

	 	Replidyne, Inc.
	 	Phone:
	 	303-996-0000
	Address:	 	1450 Infinite Drive, Louisville, Colorado 80027	 	 
	 
	 	 	 	 	 	 
	Person responsible for the Business:	 	 	 	 
	Name/Title:

	 	Nebojsa Janjic/ VP of R&D
	 	Phone:
	 	303-996-5502






Emergency Contacts




	 	 	 	 	 	 	 	 	 	 	 
	Primary:

	 	Chris Ewing
	 	Wk. Phone:
	 	303-996-5530
	 	Cell Phone:
	 	720-938-6272
	1st Alternate:

	 	Joe Guiles
	 	Wk. Phone:
	 	303-996-5549
	 	Cell Phone:
	 	303-817-7553






Operational Information




	 	 	 	 	 	 	 
	Principal Business Activity:	 	Biotechnology Research and Development	 	 
	 
	Number
of Employees:           ~ 50

	 	 	 	Primary Hrs. of Operation :
	 	8:00 AM to 6:00 PM M-F
	SIC Code:                      8731

	 	 	 	Dun and Bradstreet Number:
	 	Currently applied for.






Declaration



I certify that the information above and on the following parts is true and correct to the best of my
knowledge.




	 	 	 	 	 	 	 	 	 
	Signature:

	 	 	 	 	 	Date:	 	 
	 

	 	 

	 	 
	 	 	 	 
 
	 
	 	 	 	 	 	 	 	 
	Print Name:

	 	 	 	 	 	Title:	 	 
	 

	 	 

(must be signed by owner/operator or designated representative)
	 	 
	 	 	 	 
 





 1


 









 








I. Introduction



This plan was developed to satisfy requirements for storage and handling of hazardous substances
and materials specified by the following regulation:





	•	 	Uniform Fire Code, 1991 Edition, Article 80, Sections 80.103 (b) and (c), and Appendix II-E.




In addition, the following references were consulted in the development of this plan:





	•	 	State of Colorado, Colorado Code of Regulations, 6 CCR 1007-1, Pan 4 Standards for the Protection against Radiation
	 
	•	 	State of Colorado, Colorado Code of Regulations, 6 CCR 1007-3, Hazardous Wastes
	 
	•	 	Colorado Department of Public Health and Environment
(April, 1998), Hazardous Waste Guidance — Personnel Training & Emergency Response/Preparedness and Prevention for Small Quantity Generators.





II. Facility Description



The Replidyne facility is located at 1450 Infinite Drive, Louisville, Colorado, 80027. The
facility is approximately 30,000 square feet consisting of support space, office space, and
laboratories. Replidyne’s primary business activities consist of research and development
bench-scale activities for the purpose of screening research materials for potential lead drug
compounds. Materials used include a variety of organic solvents, proteins, salts, and other
reagents in small containers.




III Hazardous Materials Inventory Statements



An inventory of all wastes and non-waste hazardous materials sorted alphabetically and by
hazard class is included in Appendix 5 of this plan.




IV. Separation and Monitoring




General Storage and Safe Work Practices



The following safe work practices will be followed for the storage of hazardous substances:





	•	 	Appropriate personal protective equipment will be worn when handling or using
hazardous materials.






	•	 	All laboratory personnel will be trained in safe work practices.






	•	 	Portable fire extinguishers will be available throughout the facility.






	•	 	Flammable liquids will be stored in approved flammable liquid storage cabinets
located
under laboratory hoods.






	•	 	Reagent bottles will not be stored on the floor.






	•	 	Incompatible materials will be stored separately.






	•	 	Hazardous wastes will be stored in labeled and approved containers.





 2





 









 








Inspection Procedures



All laboratory areas will be visually inspected on a quarterly basis. As part of the inspection
process, the proper storage of hazardous substances and materials will be verified. All inspections
will be documented on the “Laboratory Assessment” form contained in Appendix 3 of this plan. Any
observed deficiencies in storage practices will be corrected in a timely manner.



Areas used for the storage of hazardous wastes will be inspected on a weekly basis. Inspections
will be documented on the “Hazardous Waste Accumulation Inspection Log” contained in Appendix 3 of
this plan.




V. Waste Disposal



The following procedures shall apply regarding the collection, storage and disposal of hazardous,
biohazardous, and radioactive wastes at the Replidyne facilities.




Biohazardous Wastes



All biohazardous wastes will be collected in approved containers provided by the vendor. Sharps
containers will be labeled as Biohazardous Waste. Sharps will be collected in approved biohazardous
containers. On a biweekly basis the biohazard waste will be picked up by an approved vendor and
transported to an off-site location for proper disposal.




Hazardous Wastes Generator Status



The generation, storage, and disposal of hazardous waste are governed by the regulations of the
Colorado Department of Public Health and Environment Hazardous contained in 6 CCR 1007-3. It is
anticipated that Replidyne will initially be a Small Quantity Generator (SQG) of regulated
hazardous wastes (greater than 100 kg/month But <1000kg/month) as defined by 6 CCR 1007-3
-260.10.




Collection and Disposal of Liquid Hazardous Wastes



NO CHARACTERISTIC OR LISTED HAZARDOUS WASTES WILL BE DISCHARGED TO SINK DRAINS OR
THE POTW.



Liquid hazardous waste will be collected in approved and labeled containers strategically located
at “satellite accumulation” points throughout the lab. These containers will be in the form of NFPA
approved 5-gallon safety cans. Once these containers are full, laboratory personnel will transfer
the liquid waste into 55 gallon, DOT approved drum(s) located in the hazardous waste and flammable
liquid storage room. These drums will be kept closed except when adding or removing wastes.




 3




 









 








Collection and Disposal of Solid Hazardous Wastes



Solid hazardous wastes consisting of laboratory bench paper, kimwipes, cleanup materials,
contaminated gloves and personal protective equipment, and other debris will be collected in
approved step cans located at satellite accumulation points throughout the facility. Once these
containers are full, the waste will be transferred to DOT approved, open top, fiber drams for
subsequent off-site incineration. These containers will be kept closed except when adding or
removing wastes.




Shipment, Transportation, and Disposal of Hazardous Wastes



Full drums will be periodically transported off-site by a licensed transporter to an approved
treatment, storage, and disposal facility. Hazardous wastes manifests, land disposal restriction
notices, and other records of disposal will be maintained on-site.




Collection and Disposal of Radioactive Wastes



The generation, storage, and disposal of radioactive wastes are governed by the regulations of the
Colorado Department of Public Health and Environment’s Standards for Protection against Radiation
contained in 6 CCR 1007-1.




Discharges to the POTW



Replidyne proposes to dispose less than 5 mCi/month to the Publicly Owned Treatment Works (POTW).
All disposal and recordkeeping will be performed in accordance with the Colorado Department of
Public Health and Environment’s Standards for Protection against Radiation contained in Colorado
Code of Regulations 6 CCR 1007-1, Part 4, RH.35




Disposal of Scintillation Vials and Dry Wastes



Waste scintillation vials and dry waste containing radioactive material will be collected in
labeled and shielded radioactive waste containers strategically located in the laboratory areas.
All containers will be kept closed except when adding or removing wastes. Once full, the material
will be transfer to a 55 gallon drum in the radioactive waste storage room. Radioactive wastes with
half lives less than 120 days will be decayed on-site. Radioactive wastes with half lives greater
than 120 days will be picked up and disposed of by a radioactive waste broker possessing a NRC
licenses (Environmental Management and Controls, RML licenses #3546-50). A permit “To Dispose of
Low-Level Radioactive Waste” at the commercial low-level radioactive waste disposal site at
Richland, Washington will be obtained. Replidyne, Inc. will also register with US Ecology, Inc.
prior to the shipment of radioactive waste.




Records of Radioactive Wastes Disposal



Records of radioactive wastes disposal will be maintained in accordance with 6 CCR 1007-1,
Part 4, RH.4.48




 4





 









 







Collection, Storage, and Disposal of Biohazardous Wastes



Laboratory operations will generate small amounts of material classified as biohazardous
wastes. All biohazardous wastes will be collected in appropriately label containers provided by the
biohazardous wastes vendor. Replidyne contracted with an approved biohazardous waste vendor to
collect full and partially full containers of biohazardous wastes on a biweekly basis. All
biohazardous wastes will be transported by a licensed vendor to a permitted facility for final
treatment and disposal. All containers stored on-site will be covered and securely sealed to
prevent spillage or leakage.





	VI.	 	Recordkeeping





The following records will be maintained on-site:





	•	 	A copy of the Hazardous Substance Management Plan;
	 
	•	 	Regulatory records, including permits, licensees, and inspection reports;
	 
	•	 	Records of biohazardous, hazardous, and radioactive wastes disposal;
	 
	•	 	Accident and incident records;
	 
	•	 	Employee training records;
	 
	•	 	Laboratory inspection records; and
	 
	•	 	Hazardous waste accumulation area inspection logs.
	 
	VII.	 	Emergency Response Plan




In the event of a spill or release of a hazardous substance the following steps will be taken:








WARNING: ODOR IS NOT AN ADEQUATE INDICATOR OF HAZARD. MANY SUBSTANCES HAVE ODOR THRESHOLDS
SIGNIFICANTLY ABOVE HAZARDOUS CONCENTRATIONS.












WARNING: HAZARDOUS MATERIALS SPILLS MUST ONLY BE CLEANED UP BY PROPERLY TRAINED AND EQUIPPED
PERSONAL. FAILURE TO ADHERE TO THIS WARNING CAN CAUSE SERIOUS INJURY OR DEATH.









	1.	 	Isolate the area and deny entry. Ensure that all personnel evacuate the immediate area
of the spill. A facility map depicting the emergency exits are shown in Appendix 2.
Isolation of the area can be performed by closing all laboratory doors, and blocking off
entry with either barricade tape or posting signs labeled “Warning — Do Not Enter.
Hazardous Materials Spill” on all doors to the impacted area.
	 
	2.	 	Establish command until relieved by either security or the Emergency Response Team.
Establish command means using others to isolate the area and contact security.
	 
	3.	 	Contact Security. Contact the security guard(s) at the main entrance, they have the list
of all emergency personnel and will alert appropriate personnel. In addition, the security
guards have access to material safety data sheets for materials that are under the control
of Replidyne.




5









 












	4.	 	From a safe location Await further instruction to be issued by either security or
the Emergency Response Team.
	 
	VIII.	 	Emergency Response Training Plan




All employees will be trained in the procedures and actions to be taken in the event of a
spill or release of a hazardous substance(s).



All laboratory employees will be trained in the following topics:





	•	 	Emergency response procedures;
	 
	•	 	General Safety Rules and Practices;
	 
	•	 	Replidyne’s Chemical Hygiene Plan;
	 
	•	 	Radiation Safety; and
	 
	•	 	Procedures for the proper disposal of biohazardous, hazardous, and radioactive wastes.




All training will be documented and records of such training will be kept on-site.





	IX.	 	Site Closure




Replidyne will submit a plan to the facility owner to terminate storage, dispensing, handling
or use of hazardous materials at least 30 days prior to facility closure. This plan shall
demonstrate that hazardous materials which were stored, dispensed, handled, or used in the facility
have been transported, disposed of or reused in a manner compliant with Federal, State, and local
environmental regulations. Items to be considered in this plan are included in Appendix 3.




6









 








Appendixes





7









 








Appendix 1
— Definitions and Acronyms




	 	 	 
	Acutely hazardous

wastes

	 	An acutely hazardous waste exhibits any of the
characteristics identified in 6 CCR 1007-3, Section 261,
Subpart C and is fatal to humans or animals in low doses or can
cause or contribute to an
increase in serious irreversible, or incapacitating
reversible illness. All P listed wastes are acutely hazardous
wastes.
	 
	 	 
	CCR

	 	Colorado Code of Regulations
	 
	 	 
	CDPHE

	 	Colorado Department of Public Health and Environment
	 
	 	 
	Conditionally Exempt

Small Quantity

Generator

	 	A generator that generates no more than 100 kilograms
(about 220 pounds or 25 gallons) of hazardous wastes and no
more than 1 kilogram (about 2.2 pounds) of acutely hazardous
waste in any calendar month.
	 
	 	 
	DOT

	 	Department of Transportation
	 
	 	 
	Large Quantity

Generator

	 	A generator of hazardous waste that generates 1,000
kilograms (about 2,200 pounds or about 250 gallons) or more of
hazardous waste, or more than one kilogram (about 2.2 pounds)
of acutely hazardous wastes, in any one calendar month, or who
has greater than 6,000 kilograms of non-acutely hazardous waste
on-site at any one time (about thirty 55-gallon drums).
	 
	 	 
	NFPA

	 	National Fire Protection Association
	 
	 	 
	POTW

	 	Publicly Owned Treatment Works.
	 
	 	 
	Small Quantity

Generator

	 	A generator of hazardous waste that generates no more than
1000 kilograms (about 2,200 pounds or about 250 gallons) or
more than one kilogram (about 2.2 pounds) of acutely hazardous
wastes, in any one calendar month, or who has greater than
6,000 kilograms of non-acutely hazardous waste on-site at any
one time (about thirty 55-gallon drums).
	 
	 	 
	TSDF

	 	Treatment, Storage, and Disposal Facility.






8









 





Appendix 2 — Emergency Exits









9









 








Appendix 3 — Forms





10









 







Laboratory EH&S Assessment Checklist




Date:                                                              Assessment Team:                                                                                 




Department: 
                                                                                                                                                                  



Indicate for each item: YES — NO — N/A for not applicable. Each NO must be explained in the
comments section.




GENERAL
SAFETY/MAINTENANCE





	1.	 	First-aid kits are available in the laboratory and well stocked.
	 
	2.	 	Spill kit(s) available in laboratory and well stocked
	 
	3.	 	Sinks are not cluttered with dirty glassware.
	 
	4.	 	Generally good housekeeping (e.g. unobstructed aisles, floors clean and dry)
	 
	5.	 	Appropriate waste receptacles for (non-biohazardous) broken glass provided
	 
	6.	 	All electrical appliances properly grounded (i.e. 3rd prong in place, no adapters)
	 
	7.	 	Electrical wires free from tangling, obstructing aisles, and corroding
	 
	8.	 	All electrical extension cords used for temporary operations only.
	 
	9.	 	Outlet strips are plugged directly into an outlet. No “daisy chaining” of outlet strips.
	 
	10.	 	All exit lights and emergency lighting are in working order.





SAFETY EQUIPMENT





	11.	 	Unobstructed eyewash and safety showers
	 
	12.	 	Eyewash and safety showers flow tested within past month
	 
	13.	 	Safety glasses available at entrance to lab and provided to visitors upon entering
	 
	14.	 	Personal protective equipment available, and in good condition





RADIATION SAFETY





	15.	 	Handheld meters have adequate charge and have been calibrated within past year.
	 
	16.	 	No contamination present in the immediate area.
	 
	17.	 	Waste properly disposed and no evidence of hot material in “public trash” receptacle.
	 
	18.	 	TLD badges being worn.
	 
	19.	 	Proper shielding of radioactive materials utilized.
	 
	20.	 	Freezer door sheets are properly recorded and maintained.
	 
	21.	 	Bench log books/inventory records completed.





FUME HOODS





	22.	 	Hoods are uncluttered; chemicals are not stored in hood.
	 
	23.	 	Long-term storage of chemicals in fume hood is prohibited
	 
	24.	 	Fume hood velocities have been tested as required by site-specific SOP.
	 
	25.	 	Low face velocity alarms are in working condition





11









 






CHEMICAL SAFETY





	26.	 	No more than 10 gallons of flammable liquids are stored outside of safety cans or cabinet.
	 
	27.	 	Flammables stored in flammable side of storage cabinet.
	 
	28.	 	Approved explosion proof refrigerators used for cold storage of flammable liquids
	 
	29.	 	Flammables stored at least 18” away from ignition sources
	 
	30.	 	Flammables not stored with oxidizers and corrosives.
	 
	31.	 	Hazardous materials stored away from exits
	 
	32.	 	Glass containers of flammable and corrosive chemicals (above 6 molar concentration) stored off
of floor AND on shelves below five feet.
	 
	33.	 	All chemicals in original containers properly labeled with chemical name (no abbreviations),
and all hazards.
	 
	34.	 	All chemicals removed from original containers and placed in
reagent bottles or other containers are labeled with chemical name
(no abbreviations or formulas), and all hazards. Color coded
labels to show health, flammability, reactivity, etc. are
appropriate.
	 
	35.	 	Chemicals and food stored/handled separately. No evidence of food waste in lab trash cans.
	 
	36.	 	Incompatibles stored separately.
	 
	37.	 	Light reactives (e.g. hydrogen and chlorine) stored away from light.
	 
	38.	 	Water reactives (e.g. sodium, potassium, lithium) store away from water
	 
	39.	 	Peroxidizable chemicals (e.g. ethers/thf) have dates of receipt
AND opening; Containers was opened OR peroxide strip testing was
performed within six months of the date of inspection.
	 
	40.	 	All refrigerators are labeled “Not for storage of food or drink”.
	 
	41.	 	Excessive amount of round-bottom flasks not stored in refrigerators.
	 
	42.	 	Hazardous waste is properly labeled with the words
“Hazardous Waste”. Container is closed except when adding waste.





GAS CYLINDERS





	42.	 	Gas cylinders properly labeled with the name of the contents
	 
	43.	 	Compressed gas cylinders (whether full or empty) secured
	 
	44.	 	Incompatible gas cylinders kept segregated
	 
	45.	 	Protective caps in place on cylinders which are not in use.





FIRE PREVENTION/SAFETY





	46.	 	All exits maintained to provide free and unobstructed access
	 
	47.	 	Boxes/materials not stored with 18” of ceiling or sprinkler heads.
	 
	48.	 	Portable space heaters are not present.
	 
	49.	 	Is there at least 32” clearance in front of electrical panels/breaker boxes?
	 
	50.	 	Combustible materials not stored in electrical closets.
	 
	51.	 	Fire ext. not blocked.
	 
	52.	 	Fire ext. fully charged and has been inspected within the last month.





12









 






Hazardous
Wastes Inspection Log




	 	 	 
	Location:
	 	 
	 

	 	 





Use format mm/dd/yy for date and “ü” for items to be inspected. Once completed log must be

retained for one year.




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	Leaks or	 	 	 	 	 	 	 
	 	 	Inspector	 	 	No. of	 	 	 	 	 	 	Aisle	 	 	Accum	 	 	Damaged	 	 	Spill	 	 	Comments or Corrective	 
	Date	 	Initials	 	 	Drums	 	 	Labeling	 	 	Space	 	 	Dates	 	 	Containers	 	 	Equipment	 	 	Action	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 





13









 





Replidyne, Inc.




Employee Training Record




	 	 	 
	 

	 	Louisville, Colorado
	 
	 	 
	(name of employee)
	 	(facility location)
	 	 	 
	 
	 	Laboratory Personnel
	 
	 	 
	(employee social security number)
	 	(job title)






	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	INSTRUCTOR	 	EMPLOYEE
	DATE	 	HOURS	 	SUBJECT	 	INITIALS	 	INITIALS
	     /     /

	 	 	0.5	 	 	Tour of the Facility (I)	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	     /     /

	 	 	0.1	 	 	EH&S Policy (I)	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	     /     /

	 	 	0.7	 	 	Chemical Hygiene Program Introduction (U)	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	     /     /

	 	 	0.1	 	 	Responding to Chemical Releases (A)	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	     /     /

	 	 	0.2	 	 	Evacuation Procedures (A)	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	     /     /

	 	 	0.2	 	 	Response to Fires (A)	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	     /     /

	 	 	0.2	 	 	Other Emergency Procedures (I)	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	     /     /

	 	 	0.2	 	 	General Laboratory Safety Rules and
Procedures (U)	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	     /     /

	 	 	0.1	 	 	Declaration of Pregnancy (I)	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	     /     /

	 	 	0.2	 	 	Access to Medical & Chemical Exposure
Records (A)	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	     /     /

	 	 	0.3	 	 	Hazardous Waste Disposal Procedures/Requirements (A)	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	     /     /

	 	 	0.3	 	 	Personal Protective Equipment (U)	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	     /     /

	 	 	1.0	 	 	Bloodborne Pathogens (A)	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	     /     /

	 	 	0.1	 	 	Hazardous Waste Job Description (I)	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	     /     /

	 	 	0.1	 	 	Occupational Radiation Dose Release
Form (I)	 	 	 	 








 




			
	(I)	 	= Initial Training Only    (A) = Initial and Annual
Refresher Training    (U) = Initial and Update as necessary.






14










 









Replidyne, Inc.




New Employee Orientation Checklist




	 	 	 
	o

	 	Location of exits and fire alarm pull boxes. Discuss evacuation routes.
	o

	 	Location of first-aid kits.
	o

	 	Location of spill control kits. Discuss procedures to follow in the event of a spill.
	o

	 	Location of fire extinguishers in their specific area.
	o

	 	Location of and operation of eye wash stations and emergency showers.
	o

	 	Location of Material Safety Data Sheets.
	 
	 	 
	Radiological Items
	 
	o

	 	Location of “hot sinks” and sink disposal log book procedures.
	o

	 	Location of radioactive waste containers.
	o

	 	Brief demonstration and overview of radiation meters.
	o

	 	Procedures when working with Radioactive Materials.
	o

	 	Discussion of restrictions while awaiting radiological badges.
	o

	 	Whole Body Monitor Badge Ordered.
	o

	 	Ring Badge Ordered (for P32 users).
	 
	 	 
	Biological Items
	 
	o

	 	Location of biowaste containers.
	 
	 	 
	Hazardous Waste/Chemical Storage
	 
	o

	 	Location of satellite accumulation areas.
	o

	 	Describe procedures for handling “In Process Waste.”
	o

	 	Describe procedures for contaminated rags, kim wipes, absorbent, etc.
	o

	 	Describe procedures for misc. outdated, off-specification, reagents and wastes.
	o

	 	Location of main accumulation area. Description of 3 container procedure for waste
disposal.
	 
	 	 
	Introduction to Key EH&S Personnel
	 
	o

	 	 Radiation Safety Officer
	o

	 	 Chemical Hygiene Officer
	o

	 	 Biological Safety Officer






	 	 	 	 	 	 	 
	Tour(s) conducted by:	 	Date:	 	 
	 

	 	
 




	 	 	 	 
	 
	 	 	 	 	 	 
	Employee

	 	 	 	Date:	 	 
	Signature:

	 	 	 	 	 	 
	 

	 	 
	 	 	 	 
	 
	 	 	 	 	 	 
	Comments: 
	 	 	 	 	 	 
	 	 	 





15




 









 








Appendix 4 — Site Closure Issues to Consider 



At least 30 days prior to expected closure of the facility, perform the following steps:





	•	 	Perform a complete laboratory cleanup. This includes freezers, cabinets under laboratory hoods,
chemical storage shelves.
	 
	•	 	Place reagents intended for disposal in plastic tubs.
	 
	•	 	Collect all hazardous wastes, biohazardous wastes, and radioactive wastes and arrange for offsite
shipment.
	 
	•	 	Submit decontamination and contamination survey plan to the Colorado Department of Public
Health
and Environment Radiation Control Division. Include sinks drains and traps, and ventilation
systems.
	 
	•	 	After hazardous wastes have been shipped to the appropriate TSDFs, notify the Colorado
Department
of Public Health and Environment Hazardous Wastes Division to deactivate the hazardous waste
generator’s I.D. number.
	 
	•	 	After all radioactive wastes have been shipped to the appropriate TSDF; notify the Rocky Mountain
Low-Level Waste Board (RMLLWB) to deactivate the RMLLWD permit.
	 
	•	 	Decontaminate all laboratory hoods, and chemical storage areas.




All documentation should be assembled in a comprehensive closure plan and retained for future
reference.




16




 









 








Appendix 5 — Hazardous Materials Inventory Statements




17