IRREVOCABLY WAIVE, TO THE FULLEST EXTENT THEY
MAY EFFECTIVELY DO SO, THE DEFENSE OF ANY INCONVENIENT FORUM TO THE MAINTENANCE
OF ANY ACTION OR PROCEEDING, LESSOR AND LESSEE HEREBY WAIVE ANY RIGHTS EITHER OF
THEM MAY HAVE TO A TRIAL BY JURY IN ACTIONS OR PROCEEDINGS BROUGHT IN RESPECT OF
THE LEASE DOCUMENTS.
(I)
SHOULD ANY SECTION OR ANY PART OF A
SECTION WITHIN THIS LEASE AGREEMENT BE RENDERED VOID, INVALID OR UNENFORCEABLE
BY ANY COURT OR LAW FOR ANY REASON, SUCH INVALIDITY OR UNENFORCEABILITY SHALL
NOT VOID OR RENDER INVALID OR UNENFORCEABLE ANY OTHER SECTION OR PART OF A
SECTION IN THIS LEASE AGREEMENT.
(J)
LESSEE AGREES TO EXECUTE SUCH DOCUMENTS
AND TAKE SUCH FURTHER ACTIONS AS LESSOR MAY REASONABLY REQUEST IN ORDER TO
ASSURE LESSOR THE FULL BENEFIT OF THE RIGHTS GRANTED LESSOR HEREUNDER.
22.
ADDITIONAL PROVISIONS.
SCHEDULES A, B AND C
ATTACHED HERETO, INCLUDING ANY SCHEDULES OR EXHIBITS ATTACHED THERETO, ARE
HEREBY INCORPORATED BY REFERENCE.
23
IN WITNESS WHEREOF, Lessor and Lessee have caused this Lease Agreement to be
duly executed, all as of the date first above written.
LESSOR:
BAXTER HEALTHCARE CORPORATION,
a Delaware corporation
By:
/s/ James E. Carne
Name:
James E. Carne
Title:
President - Anesthesia and Critical Care
Baxter Healthcare Corporation
Route 120 and Wilson Road
Round Lake, IL 60073
Attn: James E. Carne
LESSEE:
PHOTOGEN TECHNOLOGIES INC.,
a Nevada corporation
By:
/s/ Brooks Boveroux
Name:
Brooks Boveroux
Title:
Chief Financial Officer
Photogen Technologies, Inc.
140 Union Square Drive
New Hope, PA 18938
Attn:
Brooks Boveroux, Chief Financial Officer
Schedule 1 to Schedule C