**ALLEGATIONS COMMON TO ALL CAUSES OF ACTION**

37. At all times between 1964 and the present, Defendants, and each of them, knew that IBM employees, including plaintiffs and plaintiffs' decedent, worked in "clean rooms" at IBM in San Jose and elsewhere, where disk drive assemblies, coatings, and microcircuitry were manufactured and produced for use in electronic devices and business machines, and that IBM employees, including plaintiffs and plaintiffs' decedent, were required to use chemicals sold by Defendants, and each of them, which resulted in prolonged contact with and exposure to toxic substances.

38. At all relevant times, Defendants, and each of them, knew that IBM clean rooms were only "clean" for the electronic products and devices being manufactured and were intended and designed to filter particles to protect equipment and products from particle contamination or other damage; that the ventilation system was not configured to protect IBM employees, including plaintiffs and plaintiffs' decedent, from airborne or skin exposure to the liquids, vapors, gases, and fumes from defendants' chemicals used in the "clean rooms"; that these chemicals have been recirculated in the air in the "clean room," have remained in the recirculated air mixture, and have not been removed from it; and that any ostensible "protective" gear worn by the workers was to protect IBM products from particles on the workers' clothing and bodies and did not protect IBM employees, including plaintiffs and plaintiffs' decedent, from exposure to chemicals or substances in the clean room by inhalation or physical contact.

39. At all relevant time Defendants, and each of them, consulted, advised and collaborated with the technical personnel of Defendant IBM on the premises of the IBM San Jose facility and in the clean rooms to design and develop the specifications for chemical compounds and constituents in the coatings and other compounds that IBM proposed to use and did use in its San Jose manufacturing operations; and to specify the formulations, chemical compounds, and constituents in the coatings and other

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COMPLAINT FOR DAMAGES, PERSONAL INJURY AND WRONGFUL DEATH

MM 006959