--- 1 2008 5:15 PM FR TONES DAY 213 243 2538 TO 15:38:8:4298:22 P.43 04/10/00 12:20 FAX

1 periodic performance evaluations on an entire product line of photo resist formulations including "Microposit resists," "SJR resists" and other chemical mixtures used in semiconductor fabrication. This partnership continues to the present through the IBM/Shipley Deep UV Resist Alliance. By its own conduct and its own characterization, at all relevant times Defendant Shipley has known as a result of its post-sale monitoring and consulting activities that when it has sold and sells its so-called "ultra-high purity chemicals" to IBM, said highly toxic chemicals would be used in conjunction with numerous other highly toxic and hazardous chemicals in so-called "clean rooms" and that the Shipley chemicals would contribute to the overall toxic exposure suffered by Plaintiffs, and other IBM workers, in this industrial chemical environment.

124. Defendant Union Carbide Corp. is and at all relevant times has known that when it has sold and sells its so-called "ultra-high purity chemicals" to IBM, said highly toxic chemicals would be used in conjunction with numerous other highly toxic and hazardous chemicals in so-called "clean rooms" and that the Union Carbide chemicals would contribute to the overall toxic exposure suffered by Plaintiffs, and other IBM workers, in this industrial chemical environment.

125. Defendant Union Carbide publicly claims that:

Union Carbide's relationships with customers go beyond sales transactions. Union Carbide sales, technical and customer service representatives serve as ambassadors to customers. They immerse themselves in their customers' operations. They find new and better ways to apply Union Carbide's technology to their customers' businesses. They get to know their customers' staffs and keep the lines of communication open. In turn, we keep customers current on our technology and product developments. We host them at our plants and technical facilities to exchange ideas and resolve issues.

http://www.unioncarbide.com/general/gcnest.html

126. As a member of the Chemical Manufacturers Association, Union Carbide Corp. is a participant in the chemical industry's Responsible Care program, an activity purporting to represent a commitment by Defendant to respond to public concerns about the safe management of chemicals. Union Carbide reports that it operates under a code of product stewardship which "seeks to promote the safe use and handling of chemical from manufacture to distribution, sale and disposal." At all relevant times chemical engineers from Union Carbide have made post-sale site visits to IBM electronics manufacturing "clean rooms" to provide on-site consultations with IBM employees regarding the performance of "clean room" chemicals. By its own conduct and its own characterization, Union Page 35

COMPLAINT FOR DAMAGES, PERSONAL INJURY AND WRONGFUL DEATH

MM 006990