exv10w40






Exhibit 10.40




AGREEMENT TO EXTEND THE LEASE AGREEMENT, OPTIONS TO PURCHASE AND

OPTION TO LEASE




     This is an Agreement To Extend the LEASE AGREEMENT, OPTIONS TO PURCHASE AND OPTION TO LEASE
(hereinafter Agreement To Extend) entered into by and between EZE MANAGEMENT PROPERTIES LIMITED
PARTNERSHIP (hereinafter EZE) and ROCKWELL MEDICAL TECHNOLOGIES, INC. (hereinafter ROCKWELL).



WITNESSETH:




     WHEREAS, the parties to this Agreement to Extend intend to extend the terms of their previous
Lease Agreement, Options to Purchase and Option To Lease (hereinafter Lease) that was entered into
and became effective March 19, 2008, a copy of which is attached hereto and incorporated herein;
and



     WHEREAS, the parties intend to alter only specified provision of their previous Lease by the
Agreement to Extend, and as such they intend to have the unspecified provisions of the Lease remain
unadulterated. Furthermore, the parties intend that the previous Lease and this Agreement to Extend
be treated as a single document; and



     WHEREAS, the parties now consider it to be in their respective best interests to extend the
Lease between themselves, and have reached an understanding and now wish to reduce their
understanding to writing;



     NOW, THEREFORE, for and in consideration of the mutual and several binding promises, convents
and undertakings herein contained and for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto do hereby acknowledge satisfaction
with regard to the terms and conditions hereof and acknowledge the terms and conditions of this
Agreement to Extend to be fair, just, adequate and reasonable, and hereby freely and voluntarily
agree to extend the Lease and amend specific terms of the Lease by the substitution of the
following terms:



     1.03 Base Term. The term of this Agreement to Extend shall commence on March 1, 2011 (the
“Lease Commencement Date”) and continue for a period of two (2) years to end on February 28, 2013
(the “Base Term”).



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Exhibit 10.40




     2.02 Additional Rent. Tenant shall be responsible for the payment of certain costs relating
to real estate taxes and insurance premiums, each being specifically detailed in Article IV and
Article V respectively. For the term of this Agreement to Extend the monthly amount to be paid by
Tenant for Property Taxes shall be Three Thousand Five Hundred Fifty and 00/100 Dollars ($3,550.00)
and the monthly amount to be paid by Tenant for Insurance shall be Three Hundred and 00/100 Dollars
($300.00).



     2.07 Final Build Out Payment. In addition to the rent amount specified in Section 2.01 c in
the Lease and the amounts specified in Section 2.02 of this Agreement to Extend, Tenant shall also
pay to Landlord Six Thousand Three Hundred Twenty-Five and 96/100 Dollars ($6,325.96) on March 1,
2011 as the final payment for the Build Out of the building located at 604 High Tech Court, Greer,
South Carolina.



GENERAL PROVISIONS




     The parties represent to each other and further agree to the following:



     I. This Agreement to Extend expresses the entire agreement between the parties, supersedes any
prior understandings or agreements between them, and there are no other representations or
warranties other that those specifically set forth herein.



     II. No wavier of any breach by either party of the terms and conditions of this Agreement to
Extend shall be binding upon either of the parties unless reduced to writing and subscribed to by
the both of the parties.



     III. EZE and ROCKWELL expressly agree that, at any time hereafter, each of them shall make,
execute and deliver any and all further and other instruments or papers or things as may be
reasonably required or desirable for the purpose of giving full effect to this Agreement to Extend.



     IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date and year
shown below on this Agreement to Extend.



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Exhibit 10.40




	 	 	 	 	 
	/s/ Allison Anders

	 	 
	 	/s/ Richard A. Grant
	 
	 	 	 	 
	 
	 	 	 	 
	WITNESS

	 	 	 	EZE Management Properties, LP
	 
	 	 	 	 
	/s/ Julie A. Law

	 	 	 	2/17/2011
	 
	 	 	 	 
	 
	 	 	 	 
	WITNESS

	 	 	 	Date:
	 
	 	 	 	 
	 
	 	 	 	 
	 
	 	 	 	 
	/s/ David Kull

	 	 	 	/s/ Thomas E. Klema
	 
	 	 	 	 
	 
	 	 	 	 
	WITNESS

	 	 	 	Rockwell Medical Technologies, Inc.
	 
	 	 	 	 
	 
	 	 	 	 
	/s/ Nicole Driscoll

	 	 	 	2/17/2011
	 
	 	 	 	 
	 
	 	 	 	 
	WITNESS

	 	 	 	Date







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