# Petition for Writ of Certiorari — Hertz v. United States (No. 09-26) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386017_0721%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Petition for Writ of Certiorari - **Published:** January 1, 2010 ## Text Supreme Court. U FiteéoD \3e7 fr 09°26 JUN 2 9 2009 No. OFFICE OF THE CLERK Jn The Supreme Court of the United States SUSAN HERTZ, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROGER B. HERTZ, DECEASED, Petitioner, V. UNITED STATES OF AMERICA, Respondent. On Petition for Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit PETITION FOR WRIT OF CERTIORARI Douc.as A. LATTO JILL M. WHEATON BAUMEISTER & Counsel of Record SAMUELS, P.C. DANIELJ. STEPHENSON ONE EXCHANGE PLAZA KATHRYN J. HUMPHREY New York, NY 1OO0O6 David M. GEORGE (212) 363-1200 DYKEMA GOSSETT PLLC 2723 SOUTH STATE ST. Ste. 400 ANN ArRrROR, MI 48104 (734) 214-7660 Attorneys for Petitioner June 29, 2009 Becker Gallagher - Cincinnati. OH - Washington, D.C. - 800.890.5001 i QUESTIONS PRESENTED FOR REVIEW Should this Court grant certiorari where the Sixth Circuit Court of Appeals established a new rule of law governing the accrual of claims under the Federal Tort Claims Act in plane crash cases, which decision conflicts with both a decision of this Court and decisions of other Circuit Courts of Appeals and which, if not reversed by this Court, will result in substantial prejudice to the Petitioner and lead to the filing of numerous unnecessary Administrative Claims. Petitioner’s husband died in a plane crash. Three weeks after the crash Petitioner acquired knowledge that the crash may have been caused by the actions of the air traffic controllers, who are employees of the United States government. Petitioner filed an Administrative Claim against the government within two years of learning facts evidencing possible government involvement in the crash but more than two years from the date of the crash. The Sixth Circuit found her claims to be time-barred and created a rule that in plane crash cases, a claim under the Federal Tort Claims Act accrues on the date of the crash if, within the subsequent twenty-four months, the claimant should have been able to determine whether to file an Administrative Claim. As stated above, such a rule is without precedent, conflicts with other relevant decisions, and review by this Court is warranted. 1 PARTIES TO THE PROCEEDING The caption contains the names of all of the parties to the proceeding. Petitioner is an individual and therefore no corporate disclosure statement is necessary. ill TABLE OF CONTENTS QUESTIONS PRESENTED FOR REVIEW ...... 1 PARTIES TO THE PROCEEDING ............ 11 FAR OF CORTE RICES 5s ces Ree xG es bss i TABLE OF CITED AUTHORITIES ............ v1 CITATIONS FOR THE OPINIONS RE 5 eee Oa A a eee i BASIS FOR JURISDICTION ................. 1 STATUTORY PROVISIONS INVOLVED ....... 1 STATEMENT OF THE CASE ................ y I. BACKGROUND FACTS ............. 2 If. DISTRICT COURT CASE AND RF sda ee ee wes oe It]. DECISION OF THE SIXTH CIRCUIT COURT OF APPEALS .............. 4 ASSURE nee es oe be oe ee ~s . TIME (A.M. OR P.M.) 2:00 P.M. 8. Basis of Claim (State in detail the known facts and circumstances attending the damage, injury, or death, identifying persons and property involved, the place of occurrence and the cause thereof. Use additional pages if necessary.) See attached. Addendum to Claim for Damage, Injury or Death 9, PROPERTY DAMAGE NAME AND ADDRESS OF OWNER, IF OTHER THAN CLAIMANT (Number, Street, City, State, and Zip Code). BRIEFLY DESCRIBE THE PROPERTY, NATURE AND EXTENT OF DAMAGE AND THE LOCATION WHERE PROPERTY MAY BE INSPECTED. (See Instructions on reverse side.) LO. PERSONAL INJURY/WRONGEFUL DEATH STATE NATURE AND EXTENT OF EACH INJURY OR CAUSE OF DEATH, WHICH FORMS THE BASIS OF THE CLAIM. IF OTHER THAN CLAIMANT, 42a STATE NAME OF INJURED PERSON OR DECEDENT See attached, Addendum to Claim for Damage 1! WITNESSES NAME See attached, Addendum to Claim for Damage ADDRESS (Number, Street, City, State, and Zip (lode See attached. Addendum to Claim for Damage 12. (See instructions on reverse.) AMOUNT OF CLAIM (in dollars) L2a. PROPERTY DAMAGE 12b. PERSONAL INJURY $1,.000.000.00 2c. WRONGFUL DEATH $8 500,000.00 12d. TC YTAL (Failure to specify may cause forfeiture of your rights.) $9 500,000.00 1 CERTIFY THAT THE AMOUNT OF CLAIM COVERS ONLY DAMAGES AND INJURIES CAUSED BY THE INCIDENT ABOVE AND AGREE TO ACCEPT SAID AMOUN'TT IN FULL 43a SATISFACTION AND FINAL SETTLEMENT OF THIS CLAIM 13a. SIGNATURE OF CLAIMANT (See instructions on reverse side.) /s/ 13b. Phone number of person signing form 905-331-9934 14. DATE OF SIGNATURE May 9/06 CIVIL PENALTY FOR PRESENTING FRAUDULENT CLAIM The claimant shall forfeit and pay to the United States the sum of $2,000 plus double the amount of damages sustained by the United States. (See 31 U.S.C. 3729.) CRIMINAL PENALTY FOR PRESENTING FRAUDULENT CLAIM OR MAKING FALSE STATEMENTS Fine of not more than $10,000 or imprisonment for not more than 5 years or both. (See 18 U.S.C. 287, 1001.) 95-1090 NSN 7540-00-634-4046 STANDARD FORM 95 PRESCRIBED BY DEPT. OF JUSTICE 28 CFR 14.2 44a INSURANCE COVERAGE In order that subrogation claims may be adjudicated, it is essential that the claimant provide the following information regarding the insurance coverage of his vehicle or property. 15. Do your carry accident insurance? 0 Yes If yes, give name and address of insurance company (Number, Street, City, State, and Zip Code) and policy number. ® No 16. Have you filed a claim on your insurance carrier in this instance, and if so, is it full coverage or deductible? Oo Full Coverage G &® No Deductible U 17. If deductible, state amount. 18. If a claim has been filed with your carrier, what action has your insurer taken or proposed to take with reference to your claim? (It is necessary that you ascertain these facts.) 19. Do you carry public lability and property damage insurance? 0 Yes If yes, give name and address of insurance carrier (Number, Street, City, State, and Zip Code). (1 No INSTRUCTIONS Claims presented under the Federal Tort Claims Act should be submitted directly to the “appropriate Federal agency” whose employee(s) was involved in the incident. If the incident 45a involves more than one claimant, each claimant should submit a separate claim form. Complete all items - Insert the word NONE where applicable. A CLAIM SHALL BE DEEMED TO HAVE BEEN PRESENTED WHEN A FEDERAL AGENCY RECEIVES FROM A CLAIMANT, HIS DULY AUTHORIZED AGENT, OR LEGAL REPRESENTATIVE, AN EXECUTED STANDARD FROM 95 OR OTHER WRITTEN NOTIFICATION OF AN INCIDENT, ACCOMPANIED BY A CLAIM FOR MONEY DAMAGES IN A SUM CERTAIN FOR INJURY TO OR LOSS OF PROPERTY, PERSONAL INJURY, OR DEATH ALLEGED TO HAVE OCCURRED BY REASON OF THE INCIDENT. THE CLAIM MUST BE PRESENTED TO THE APPROPRIATE FEDERAL AGENCY WITHIN TWO YEARS AFTER THE CLAIM ACCRUES. Failure to completely execute this form or to supply the requested material within two years from the date the claim accrued may render your claim invalid. A claim is deemed presented when it is received by the appropriate agency, not when it is mailed. If instruction is needed in completing this form, the agency listed in item #1 on the reverse side may be contacted. Complete regulations pertaining to claims asserted under the Federal Tort Claims Act can be found in Title 28, Code of Federal Regulations, Part .4. Many agencies have published supplementing regulations. If more than one agency is involved, please state each agency. 46a The claim may be filed by a duly authorized agent or other legal representative, provided evidence satisfactory to the Government is submitted with the claim establishing express authority to act for the claimant. A claim presented by an agent or legal representative must be presented in the name of the claimant. If the claim is signed by the agent or legal representative, it must show the title or legal capacity of the person signing and be accompanied by evidence of his/her authority to present a claim on behalf of the claimant as agent, executor, administrator, parent, guardian or other representative. If claimant intends to file for both personal injury and property damage, the amount for each must be shown in item #12 of this form. The amount claimed should be substantiated by competent evidence as follows: (a) In support of the claim for personal injury or death, the claimant should submit a written report by the attending physician, showing the nature and extent of injury, the nature and extent of treacment, the degree of permanent disability, if any, the prognosis, and the period of hospitalization, or incapacitation, attaching itemized bills for medical, hospital, or burial expenses actually incurred. (6) In support of claims for damage to property, which has been or can be economically repaired, the claimant should submit at least two itemized signed statements or estimates by reliable, disinterested concerns, or, if payment has been made, the itemized signed receipts evidencing payment. Ala (c) In support of claims for damages to property which 1s not economically repairable, or if the property is lost or destroyed, the claimant should submit statements as to the original cost of the property, the date of purchase, and the value of the property, both before and after the accident. Such statements should be by disinterested competent persons, preferably reputable dealers or officials familiar with the type of property damaged, or by two or more competitive bidders, and should be certified as being just and correct. (d) Failure to specify a sum certain will render your claim invalid and may result in forfeiture of your rights. PRIVACY ACT NOTICE This Notice is provided in accordance with the Privacy Act, 5 U.S.C. 552a(e)(3), and concerns the information requested in the letter to which this Notice is attached. A. Authority: The requested information is solicited pursuant to one or more of the following: 5 U.S.C. 301, 28 U.S.C. 501 et seq., 28 U.S.C. 2671 et seq., 28 C.F.R. Part 14. B. Principal Purpose: The information requested 1s to be used in evaluating claims. C. Routine Us. See the Notices of Systems of Records for the agency to whom you are submitting this form for this information. D. Effect of Failure to Respond: Disclosure 1s voluntary. However, failure to supply the 48a requested information or to execute the form may render your claim “invalid”. PAPERWORK REDUCTION ACT NOTICE This net.ee is solely for the purpose of the Paperwork Reduction Act, 44 U.S.C. 3501. Public reporting burden for this collection of information is estimated to average 6 hours per response, including the time for reviesying instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Director, Torts Branch, Attention: Paperwork Reduction Staff, Civil Division, U.S. Department of Justice, Washington, D.C. 20530 or to the Office of Management and Budget. Do not mail completed form(s) to these addresses. SF 95 BACK 49a ADDENDUM TO CLAIM FOR DAMAGE, INJURY OR DEATH Estate of Roger Hertz, Deceased, by his Personal Representative Susan Hertz, Heirs and Survivors of Roger Hertz In Re: Aircraft Accident near Vermontville, Michigan on May 31, 2004, involving the aircraft federally registered as N707SH 8. Basis of Claim On May 31, 2004, a Hall Lancair IV-P aircraft, federally registered as N7O7SH, crashed near Vermontville, Michigan killing all three persons aboard, including the pilot, Allen C. Ward. This crash occurred when the accident airplane flew through into an area of adverse (extreme) weather and subsequently entered a flat spin causing it to impact the terrain. The accident airplane was on an instrument flight rules (IFR) flight plan and under Federal Aviation administration (FAA) radar control from departure through the time of impact with the ground. The investigation: date as conducted by the National Transportation *utety Board, the Federal Aviation Administration, additional parties to the National Transportation Safety Board, Sheldon Miller & Associates, and The Law Offices of Mark Kelley Schwartz, P.C., demonstrate, without limitation, the following factual bases for this claim. 50a The FAA LAN Automated Fhght Service Station (AFSS) failed to provide the pilot of the accident aircraft with complete and accurate weather information, including notification of SIGMET 43 Charlie; The FAA Controller at Lansing Approach (LAN) ~was informed by the pilot that the accident aircraft was not equipped with weather radar and failed to properly, adequately and clearly pass along that information on at least one occasion to the other controller; The FAA Cleveland Air Route Traffic Control Center (ZOB) — Jackson Sector, upon receiving the handoff from the LAN controller failed to advise the pilot of the accident aircraft of the adverse weather that existed along his route of flight; The FAA Cleveland Air Route Traffic Control Center (ZOB) — Jackson Sector Controller cleared the accident aircraft to an en-route fix (MKE) which placed the accident aircraft’s route of flight directly through adverse weather; The FAA Cleveland Air Route Traffic Control] Center (ZOB) — Jackson Sector Controller failed to adequately monitor, observe, and perform the necessary functions of his job duties in controlling the accident aircraft and providing weather services; The FAA Cleveland Air Route Traftic Control Center (ZOB) — Jackson Sector Controller failed to provide any weather information (including 5la the severe weather in the accident aircraft’s ruute of flight) to the pilot of the accident aircraft despite that information which was depicted, or alternatively, should or could have been depicted on his screen or on screens or other display terminals readily available to him for that purpose; The FAA Cleveland Air Route Traffic Control Center (ZOB) — Jackson Sector Controller, knowing the type of aircraft and the weather conditions in and around his area of control, never inquired as to the weather avoidance equipment aboard the accident aircraft; The FAA Cleveland Air Route Traffic Control Center (ZOB) — Jackson Sector Controller failed to advise the FAA Chicago Air Route Traffic Control Center (ZOA) Sparta Sector controller of the accident aircraft’s request for deviation around adverse weather; The FAA Chicago Air Route Traffic Control Center (ZOB) — Sparta Sector Controller failed to adequately monitor, observe, and perform the necessary functions of his job duties in controlling the accident. aircraft and providing weather services; The FAA Chicago Air Route Traffic Control Center (ZOA) Sparta Sector Controller knowing the type of aircraft and the weather conditions in and around his areas of control, never inquired as to the weather avoidance equipment aboard the accident aircraft, and, 52a The FAA Chicago Air Route Traffic Control Center (ZOA) Sparta Sector Controller failed to recognize that the accident aircraft’s route of flight placed it directly into an area of adverse weather. See further, the attached National Transportation Safety Board Report and Docket at Exhibit 1. As set forth, in relevant part, in the probable cause determination made by the National Transportation Safety Board: The airplane flew into a thunderstorm during cruise flight and subsequently entered a flat spin until impact with terrain. The airplane had been given a heading to avoid the adverse weather by Lansing approach control. During transfer of contro! between Lansing approach and Cleveland Center, the Cleveland controller was advised that the aircraft had been given a heading to avoid the adverse weather. After the handoff, the Cleveland controller instructed the pilot to precede direct to an in route fix when able, but did not provide any information about radar-observed weather ahead of the aircraft. The Chicago Center controller who next handled the airplane was briefed that the airplane was proceeding direct to the in route fix and had not requested any weather deviations. About seven minutes after the handoff between Cleveland and Chicago centers, the pilot transmitted, “center this is uh 707SH what do you show us in up here?" Aircraft and weather radar data showed the accident airplane flew into an area of level six precipitation (extreme weather) prior 53a to a rapid loss of altitude. Several witnesses repurted first hearing the sound of the revving aircrafl engine before seeing the airplane descending rapidly in a spiraling descent. A pilot-rated witness reported that the airplane was ina “flat spin” before impacting the terrain. OK The National Transportation Safety Board determines the probable cause of this accident as follows. The Air Route Traffic Control Center controllers not providing adverse weather avoidance assistance as required by FAA directives, resulting in the airplane flying into a thunderstorm and the pilot not been able to maintain aircraft control. A factor to the accident was the thunderstorm. As a result of aforesaid facts, and without limitation, the following negligent and grossly negligent acts and omissions are claimed. The FAA controllers and personnel were both negligent and grossly negligent in the following manner: By allowing the accident aircraft to enter into the area of adverse and extreme weather conditions, By failing to warn the aircraft of the adverse and extreme weather conditions about which it was to enter or along its route of flight; By tuiling to abide by the pilot’s request for weather avoidance; 54a By failing to make adequate inquiry as to the existence and type of weather avoidance aboard the accident aircraft; By failing to provide vectors or alternate courses to the accident aircraft to avoid the adverse and extreme weather; By giving the pilot vectors and courses which would take the accident aircraft directly through an area of adverse and extreme weather; By failing to communicate to other controllers the pilot’s request for weather deviations; By failing to abide by the ATC Manual, FAA Handbook, FAA Practices, AA Procedures and FAA Directives and Studies. By other conduct, or by omission of such conduct, as more fully and completely set forth in the National ‘l'ransportation Safety Board Report and the docket, including factual statements made by parties, groups (e.g, Air Traffic and Meteorology), committees, witnesses and the involved FAA personnel. 10. Nature and Extent of Injury that Forms the Basis of the Claim. As a result of the negligence, gross negligence and other wrongful conduct alleged, the Estate of Roger Hertz, Deceased, by and through his Personal Representative, Susan Hertz, and the Survivors and Heirs of Roger Hertz, claim the following, without 55a limitation, economic losses in past, present and future; pain anu suffering damages in the past, present and future; burial and medical expenses in the past, present and future; conscious knowledge of impending death; conscious pain and suffering in the past present and future; emotional pain and anguish in the past, present and future; loss of services in the past, present and future; loss of support in the past, present and future, loss of enjoyment of lif in the past, present and future; loss of inheritance in the past, present and future; loss of consortium in the past, present and future; fright, terror, shock and mortification in the past, present and future; exemplary damages in the past present and future, attorneys’ fees, costs and expenses in the past, present and future; as well as all other damages, reparations and _ recoveries as permitted by applicable law. Biographical Information Pertinent to the Nature and Extent of the Injury Dr. Roger Hertz was a man with a glowing future. On May 31, 2004, the date of his death, he looked forward to a long and fulfilling life, in which he would be gainfully employed. Education Dr. Hertz completed high school in Saskatoon, Saskatchewan I 1984. Thereafter he briefly attended Canadian Bible College, but then attended the University of Saskatchewan, graduating first in his class, with a Bachelor of Science in mechanical engineering. He proceeded to the University of Toronto Engineering School and gained his Ph.D. in aerospace engineering. 56a Employment After receiving his Ph.D., Dr. Ward Hertz joined FRS CRS Robotics Corp. and its successor company, Thermo Electron. There, he was extremely successful in all of his endeavors. Indeed, at the time of his death, he was responsible for three engineering departments. [lis forte was research and development, and in recent months he had become acquainted with Alan Ward of Ward Synthessis, Inc., Ypsilanti, Micigan. Ward Synthesis, Inc. specialized in “lean product development.” Dr. Hertz was enthusiastic about the lean development concept. Thus, he gave notice to Thermal Electronic, expecting to join Ward Synthesis after May, 2004. His plan was to consult with Ward Synthesis, Inc. as a _ self-employed businessman. Toward that end, he signed a consulting contract with Ward Synthesis. On May 31, 2004, Dr. Hertz was on his way to the western United States to participate as a consultant with Ward Synthesis While working at Thermal Electronic, Dr. Hertz was earning $130,000 per year. The consulting contract with Ward Synthesis set forth his remuneration at $2,400 per day. Dr. Hertz anticipated that he would consult three days per week (on the road) and be home four days per week Dr. [lertz’s long term goal was to introduce Lean Product Development to the pharmaceutical industry lle planned to work in product development with Alan Ward for a number of years and then to utilized hi: expertise to revitalize other companies, tn which he would acquire an ownership interest. Notably, Ward Synthesis, was a dynamically growing organization. It r 57a had been given the go-ahead to completely re-engineer Hewlett-Packard’s ink jet printer division, using the methodologies and systematic approaches for lean product development. amily Loss Dr. Hertz, tragically, left behind his two young daughters and his wife. At the time of his demise, Dr. Hertz was in excellent health with a radiant future to forward to. In addition to his immediate family, he also left behind his parents and three brothers. Dr. Hertz’s wife is attempting to deal with her grief by attending “COPING,” a grief center in Cambridge, Ontario. His older daughter, Israel, three years old, is having difficulty with the loss of her father, as she cannot understand why her father was taken away. Although Dr. Hertz’s services about the home included a wide range of chores and services, the loss of these services cannot compare to the emotional loss and the financia! loss due to the loss of decades of significant earnings. In support of the claims made herein, the following documents are attached: A. Master Business License, Ontario Province. B. Consulting contract with Ward Synthesis, Inc. C. Professional resume. D. Employment agreement between Hertz and CRS Robotics Corp. EK. Federal Tax Returns for Hertz 2000 through 2004 KF. Doctor of Philosophy, University of Toronto. 58a G. Bachelor of Science, University of Saskatchewan H. Michigan Letter of Authority Appointing Susan Hertz Personal Representative of the Estate of Roger Hertz, dec’d I. Certificate of Death 11. Witnesses All persons, parties and entities noted in the reports and docket of the National Transportation Safety Board concerning this aircraft crash. Personnel, record custodians, employees, agents, contractors, servants of the Federal Aviation Administration, Washington, D.C. Personnel, record custodians, employees, agents, contractors, servants of the Federal Aviation Administration, Cleveland Air Route Traffic Control Center, Oberlin, Ohio. — Personnel, record custodians, employees, agents, contractors, servants of the Federal Aviation Administration, Chicago Air Route Traffic Control Center, Aurora, Illinois. Personnel, record custodians, employees, agents, contractors, servants of the National Transportation Safety Board, Washington, D.C. Susan Hertz, Individually and as_ Personal Representative of the Estate of AHen-C—Ward Roger Hlertz, Deceased c/o Sheldon Miller & Associates, 3000 Town Center, Suite 1700, Southfield, MI, 48075. BEST AVAILABLE COPY 59a Record custodians, personnel, employees, agents of the Faton County Sheriffs Department, 1025 Independence Blvd, Charlotte, Michigan. Records custodians, personnel, employees, agents of the Eaton County Medical Examiners Office, Eaton County, Michigan. Robert Leeser, M.D., and Records Custodian of Robert Leeser, M.D., 123 Lansing Road, Charlotte, MI 48813 Record custodians, personnel, employees, agents, franchises of Express Services, Inc. 8516 Northwest Expressway, Oklahoma City, OK 73162 Hope Alexander, (Responsible for Wreckage Preservation and Retention) 416 Augusta St, Elmore, OH 43416. Record custodians, former employees, contractors, accountants, joint-venturers of Ward Synthesis, I[nc., Ypsilanti, Michigan. Record custodians, former employees, contractors, accountants of FRS CRS Robotics Corp. and its successor company, Thermo Electron. 60a Ontario Master Business License Date Issued: 2004-03-24 (yyyy-mm-dd) Business Name and Mailing Address: LEAN PRODUCT CONSULTING 424-2000 APPLEBY LINE BURLINGTON ON L7L 7H7 Business Address: SAME AS ABOVE Telephone: (905) 331-9934 Ext: Fax: (905) 315-8495 E-Mail: Legal Name(s): ROGER BARRY HERTZ Type of Legal Entity: SOLE PROPRIETORSHIP Business Information BUSINESS NAME REGISTRATION Number 140349887 Eftective Date (yyyy-mm-dd) 2004-03-24 6la Expiry Date (yyyy-mm-dd) 2009-03-23 Page 1 of 1 To the Client: When the Master Business License ts presented to any Ontario business program, you are not required to repeat information contained on this licence. Each Ontario business program is required to accept this licence when presented as part of its registration process. Call the Ontario Business Connccts Helpline at 1-800- 565-1921 or (416) 314-9151 or TDD (416) 326-8566 if you have any problems. To the Ontario business program: A client is not required to repeat any information contained in this licence in any other form used in your registration process. 98/11 62a Consulting Contract Ward Synthesis Inc of Ypsilanti Michigan (hereinafter called “WS]”) desire to utilize the professional and expert assistance of Dr. Roger B. Hertz, President of Lean Product Consulting of Burlington Ontario (hereinafter called “the Consultant”) in the field or fields in which the Consultant has_ professional qualifications. 2. Parties and Relationships WSI is a an incorporated US business engaged in management and engineering consulting services that are directed toward improving the managerial, operating, and economic performance of companies by analyzing and resolving strategic and operating problems in the area of product development, research & development and engineering. The Consultant is a person who by education, training and experience is uniquely skilled in the provision of the service required Character and Extent of Services It is the mutual intent of the parties that the Consultant shall act strictly in a professional consulting capacity as an independent contractor for the purposes and in all situations and shall not be considered an employee of WSI. WS] and the Consultant will mutually determine of the manner and selection of methods with respect to rendering the OConsultant’s — professional consulting services to WSI. The Consultant agrees to perform his activities in accordance witk the highest and best state of the art in the profession. b) Cc) A. a) b) Cc) 63a Period of Service and Termination The period of service by the Consultant under this agreement shall be from April 1, 2004 through March 31, 2005 and may be renewed upon the mutual agreement of the parties hereto. Either WSI or the Consultant may terminate this agreement by giving the other party 30 days’ written notice of intention of such action. WSI reserves the right to halt or terminate the conduct of a seminar-workshop by the Consultant without prior notice or claim for additional compensation should, in the opinion of WSI, such conduct not be in the best interest of WSI. Compensation Upon the Consultant’s acceptance hereof, WSI agrees to pay the Consultant according to the following schedule: t. $1,400 (US) per day or 62.5% of total WSI consulting fee, whichever is greater, while on the premises of a paying WSI customer. In the event that WSI desires, and it is mutually agreed to by the Consultant, the Consultant’s services may be used in activities not specifically identified in paragraph 4(a). In such cases, WSI agrees to pay the Consultant on the basis of the following schedule i. Intellectual property development at $60 (US) per hour. ii. The Consultant will not charge hourly fee for mutually agreed training activities. In the event of special circumstances, variations to the fee schedule of paragraphs 4(a) and 4(b) will be allowed as mutually agreed in writing by the parties hereto. 5. 64a Notification The Consultant will be notified by WSI in writing to begin his’ participation in_ specific sem.nar-workshops and/or consulting assignments to which the fee schedule of paragraphs 4(a) and 4(b) applies. Such notification will include a statement of the time(s) and place(s) of the intended seminar/consultation involvement with other necessary information. Expenses The Consultant, as an independent contractor, shall be responsible for any expenses incurred in supporting chents. Reasonable expenses are those the client will reimburse, and will be reimbursed to the Consultant by WSI, including: Commercial flights, economy class seating. il. Car rental, mid-size or below class of vehicle. lil. [fa personal vehicle is used, mileage ata rate of $0.35 per mile. iV Travel expenses, such as tolls & parking. Vv. Accommodations at a mutually agreeable hotel, vi Meals. V1. Supplies required to perform duties while onsite A copy of the receipts for reasonable expenses will be provided to WSI by the Consultant upon request. Other expenses should be agreed to in advance. Cc) 65a Method of Payment The Consultant shall be paid as provided for in paragraphs 4(a) and 4(b) hereof, on the basis of a properly executed “Invoice” form (sample attached). The “Invoice” form is to be submitted at the end of ach week that the consulting services are performed. Exceptions to this arrangement are allowed with the written approval of WSI. Payment to the Consultant will be made by check, delivered by mail postmarked no later than 60 days subsequent to receipt of the “Invoice” form as provided in paragraphs 7(a) and 7(b). 8. Copyrights a) The Consultant agrees that WST shall determine the disposition of the title to and the rights under any copyright secured by the Consultant on copyrightable material first produced or composed and delivered to WSI under this agreement. The Consultant hereby grants to WSI a royalty-free, nonexclusive, irrevocable license to reproduce. translate, publish, use, and dispose of, and to authorize other to do so, all copyrighted or copyrightable work not first produced or composed by the Consultant in the performance of this agreement but which is incorporated into the material furnished under this agreement, provided that such license shall be only to the extent the Consultant now has or prior to the completion or final settlement of this agreement may acquire the right to such license without becoming liable to pay compensation to other solely because of such grant. The Consultant agrees that he will not knowingly include any copyrighted material in any written or copyrightable material furnished or delivered under this agreement without a license as provided 66a in paragraph 8(a) hereof or without the consent of the copyright owner, unless specific written approval of WSI to the inclusion of such copyrighted material is secured. c) The Consultant agrees to report in writing to WS] promptly and in reasonable detail any notice or claim of copyright infringement received by the Consultant with respect to any material under this agreement. 9. Drawings, Designs, Specifications a) 10. a) All drawings, sketches, designs, design data, specifications, notebooks, technical and scientific data, and all photographs, images, reports, findings, recommendations, data, and memoranda of every description relating thereto, as well as copies of the foregoing, relating to the work performed under this agreement or any part thereof, shall be subject to he inspection of WSI at all reasonable times; and the Consultant shall afford WSI proper facilities for such inspection; and further shall be the property of WSI and may be used by WSI for any purpose whatsoever without any claim on the part of the Consultant for additional compensation, and subject to the right of the Consultant to retain a copy of said material shall be delivered to WSI or otherwise disposed of by the Consultant, either as WSI may from time to time direct during the progress of the work, on in any event, as WSI shall direct upon the completion or termination of this agreement Confidentiality It is understood that in the performance of his duties, the Consultant will obtain information about both WSI and WSI's clients, and that such Gla information may include financial data, client lists, methods of operating, policy statements, engineering data, and other confidential data. b) The Consultant agrees to restrict his use of such above-mentioned information to the performance of his duties described in this agreement. ‘The Consultant further agrees to return to WSI and to WSI’s clients upon the completion of his duties any and all documents (originals and copies) taken from either organization to facilitate the performance of duties described herein, and to secure such material against theft by others. 11. Non-Competition The Consultant agrees that he will not perform his protessional services for any organization known to the Consultant to be a client of WSI unless WSI has employed the Consultant for the provision of such services to the client while this agreement is in affect. In addition, the Consultant will not perform his professional services in the area of product development consulting for non-WSI clients while this agreement 1s in effect, or for a period of one year after termination of the agreement. 12. Applicable Law The parties agree that this agreement is to be construed according to the laws of the State of Michigan, USA. Under the laws of Michigan, this type of engineering consulting services that the Consultant will be engaged in does not require a state license. 13. Assignment WSI or the Consultant may not assign or transfer this agreement, any interest therein or claim 68a thereunder without the written approval of both parties 14. Integration This agreement, executed in duplicate, constitutes the entire contract between the parties and may be canceled, modified, or amended only by a written supplemental document executed by each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have accepted and executed this agreement this 27th day of May , 2004 /s/ Roger Hertz, Consultant by: /s/ . (Witness) (Authorized signatory) /s/ Ward Synthesis Incorporated HVa Professional Resume Roger B. Hertz, Ph.D. 5230 Rome Crescent Burlington, Ontario, Canada L7L-LB7 (905) 331-9934 (home) (905) 541 -5004 (cel!) roger hertz@thermo.com Relevant Empleyment Experience Thermo Electron, Laboratory Automation & Integration, (formerly CRS Robotics Corporation), sJurlington, Ontario, Canada Career History & Contributions (Va cd i0} Juasy ‘sa8u 4° JUsUIdOaaaq , ' Trpan re s+IN POI : t id uve] JAN od EMD Ibu » DOAOQIGUI! ATU PITIIUSIC ‘. Porirry 1O t10M1I¢ 1 Tr nma- dur AUt UULOO #¥ UVLJISOC | VOAOCT AL | 0} }10JJ8 pe] -yonpoid oe JO yourey] Z00Z adv OF) s ‘ + » > * . ’ ‘YSSIIONS 07 Wea} apIm- ', ~ r“~r, J >. , SULISJ9UILS Jd Jolt BMIIOS ul 34 USUIZAOL] aull ' SsSd oid CH pInulIjuey oO 7, UL Si npoid tAcod i YY OVUVUG MoU U JAHIVL li 0} dull} }SCI Due SS8UOISSIIwW A t ia "2 H4 rTrUL: TY Ic 39 mT Ut jc IER PsAod “se y efi-st 6G 4} VV »Tt 4 pesnueyy Y HEMYOS ‘alempsrepy 9p SULseUTBUA ¢ 0] G9uY JO 10} I9IIG ee eee G¥u }UIPISIIg 9d1A ese, 21] EE eee Gla ‘squaweaoidull Ayajes pue PEGI Bny | sullsaulsUy sent | sdUBWIOJIed ONpolg ‘a1eMmjjos pappaquiy | — PEGI APA] dA Zuraasutsuq | ‘yonpoad wie jOqoI Ey MAN “AasvUeU 966[ 290q | SUMseULsUy JgIUIBUT yefoid 2 1aUusIsap [edTUBYIeW Peay | — C66 LPL dA | Jeo1ueyoeyy ‘SUOTZNQII}UOD UOI}BOI[dde L66[ 09q | SUllssuLsUq lapeay] joqoy ‘juawdojaaap 1onpoid mau paseuey] | — LE6T uer dA | dnoiy Gyy UOISIAIG ‘goBJ1aUI [edTUUIEy Ssyaloid j0qoY Jawojsng ‘syusweaoidurt Aytpenb 3 S661 29d ‘Lope sayouns] jonpoad snolawinyy jUsuUdo[easp | — BGT URL Bulseuely | /SuMOJUIW diysiapedyT ‘Jjeys [BoiuyIey | UOISIAIG] ZI jo UOTJBUIPL009 39 cryssepes| ‘Surpling IZIYO | }OqOY wiva} ‘Sutuueyd o1seqeiyg ‘Ajiqisucdsal 100% snVv [Bouya | ‘aaAeURy, | jaspnq y JUaWaseURW jUaWIyIEdag | — GET UPL jatyy | ayy SU01}NQILJUOY BW $a1z171QIsuodsay sajpgq | 07 s#uijuoday | andy —— I2a Dynacon Enterprises Ltd, Mississauga, Ontario, Canada Research Engineer (Part-Time) September 1991 — December 1992 ¢ Developed a computer-based simulation used to verify control algorithms for a space-based tracking antenna. Education 1990-1998: Ph.D. in Aerospace Engineering, University of Toronto, Ontario, Canada Fast-tracked directly from a Master’s into Ph.D. program. Thesis Title: “Kinematics and Design of a Class of Parallel Manipulators” 1986 — 1990: Bachelor of Science in Mechanical Engineering, University of Saskatchewan, Canada Graduated #1 in my class, with great distinction. Patents R.B. Hertz and D.C McCrackin, Linear Conveyer System, Application #09/870,075, May 30, 2001 HI. Haas, T.J. Jones, R.B. Hertz et. al., Modular Drug Discovery'™ System, Application #60/ 350,943. Jan 24, 2002. S. Treadwell J. Cheung, R. Hertz, 1. Hatherley and M. Riff, Robotic Device, US Industria! Design Patent #484154 for the “Flip Mover’, filed Jan 25, 2002, granted Dec 23, 2003. 73a Selected Publications & Presentations R.B. Wertz, “Lean I‘roduct Development Implementation at Thermo Electron”. Workshop talk given at the /nternational Association of Product Development (LAPD) Workshop #41, Nov 3-5, 2003, Boston, MA. D.C. McCrackin and R.B. Hertz, “CRS Dimension4 High-Speed Distributed Motion System”, Robotics Today Online, First Quarter 2003, Volume 16, No. 1. R.B. Hertz, “Practical Implementation of Lean Product Development at Thermo CRS”. Invited talk given at the First Lean Product Development Conference, Oct. 22-23, 2002, Ann Arbor, Michigan. M. Peck. G. Rogers and R. Hertz, “Combining Static Scheduling and Dynamic Rescheduling”, poster session presented at IabAutomation conference Jan 30, 2002. R.B. Hertz and P.C. Hughes, “Kinematic Analysis of a General Double-Tripod Parallel Manipulator,” Mechanism and Machine Theory, Vol. 33, No. 6, pp. 683-689, 1998. Roger B. Hertz, Kinematics and Design of a Class of Parallel Manipulators, Ph.D. Thesis, University of Toronto, Aerospace Engineering, Toronto, Ontario, Canada, Feb 1998. R.B. Hertz and P.C. Hughes, “Kinematics and design of a new. parallel’ industrial manipulator,” in The Fifth National Applied Mechanisms and Robotics Conference, Vol. 1, (Cincinnati, Ohio), AMR9Y7-019, Oct 1997. R.B. Hertz and P.C. Hughes, “Kinematic analysis of a class of spatial parallel manipulators with three degrees of freedom,” in Design Engineering: Robotics: Kinematics, 74a Dynamics and Controls, Vol. 72, (Minneapolis, Minnesota), pp. 279-384, ASME, Sept 1994. e RB. Hertz and P.C. Hughes, “Forward kinematics of a 38-DOF variable-geometry-truss manipulator,” in Computational Kinematics (J. Angeles, G. Hommel, and P. Kovacs, eds.), pp. 241-250, Kluwer Academic Publishers, 1993. e A. Durand, R. Hertz, D. Mitchell, and K. Rezkallah, “Design and Analysis of a Modular Micro-gravity Test Platform for Use Aboard the NASA KC-1 35 Aircraft,” in Proceedings, Second Workshop on Muicro-gravity Experimentation, May, 1990. Hobbies Singing, mountain biking, hockey & guitar References Available Upon Request 75a EMPLOYMEN'T AGREEMENT THIS AGREEMENT is made as of the date set out in Schedule A. BETWEEN: CRS ROBOTICS CORPORATION, a corporation incorporated under the laws of the Province of Ontario, (the “Corporation”) - and - The Executive whose name appears in Schedule A attached hereto (the “Executive’’) RECITALS: A. The Corporation together with its subsidiaries (collectively, the “CRS Group”) are involved in the business of the design, manufacture and distribution of advanced laboratory automation technology. B. The Corporation and the Executive wish to enter into this Agreement to set forth the rights and obligations of each of them as regards the Executive’s employment for their mutual benefit and to reflect the nature of the Executive’s employment by a_ public corporation. NOW THEREFORE IN CONSIDERATION OF THE MUTUAL COVENANTS AND 76a AGREEMENTS CONTAINED IN THIS AGREEMENT AND OTHER GOOD AND VALUABLE CONSIDERATION (THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED), THE CORPORATION AND THE EXECUTIVE AGREE AS FOLLOWS: }. Definitions (a) In this Agreement, “Adjusted Year of Employment” means the period commencing on the date which is the commencement of the Term as set out in Schedule “A” and ending December 31, 2001. “Agreement” means this Agreement and all schedules attached to this agreement, in each case as they may be amended or supplemented from time to time; “Board of Directors” means the Board of Directors of the Corporation; “Business Day” means any day, other than Saturday, Sunday or any statutory holiday in the Province of Ontario; “Business of the Corporation” means the design, manufacture and_ distribution of advanced laboratory automation technology; “Change of Control of the Corporation” means the occurrence of a transaction or series of transactions as a result of which the Corporation becomes controlled by a Person; for 77a the purpose of the foregoing, with any of its affiliates, beneficially owns shares of the Corporation carrying more than 50.01% of the voting rights ordinarily exercisable at meetings of shareholders of the Corporation, such rights being sufficient to elect a majority of the directors of the Corporation; “Human Resource and Compensation Committee” means the compensation committee of the Board of Directors of the Corporation; “Competitive Business” means any aspect of the following business carried on anywhere in Canada, the United States, Europe, the United Kingdom, Sweden, Norway and Japan; the design, manufacture and _ distribution of advanced laboratory automation technology or any other technology, application or service incidental to any of the foregoing; “Confidential Information” means all confidential or proprietary information, Intellectual Property (including trade secrets) and confidential facts relating to the business or affairs of the Corporation or the CRS Group, whether or not originated by the Executive including, without limitation, work product resulting from or related to work or projects performed or to be performed by the Corporation or the CRS Group, internal personnel and financial information of the Corporation or the CRS Group, vendor names and other vendor information, purchasing and internal cost information, service and 78a operational manuals, the manner and method of conducting the business of the Corporation or the CRS Group, marketing and development plans and agreements, price and cost data, price and fee amounts, pricing and billing policies, quoting procedures, marketing techniques, methods of obtaining business, forecasts and forecast assumptions and volumes, future plans and potential strategies of the Corporation or the CRS Group which have been or are being discussed, ideas concerning proposed projects, contracts and their contents, client services, data provided by clients and the type, quantity and specifications of products and services, purchased, leased, licensed, engaged, employed or received by the Corporation or the CRS Group or by clients of the Corporation or the CRS Group, business plans, customer, client and vendor lists, business deals with any of these, financing, acquisition, production, development and distribution agreements and budgets and investment opportunities and structures; “Disability” means the mental or physical state of the Executive such that the Executive qualifies for disability coverage as prescribed under the Corporation’s disability plan as it exists from time to time and the Executive is unable to fulfil his obligations under this Agreement either for any consecutive 180 day period or for any period of 180 days (whether or not consecutive) in any consecutive 365 day period; 79a “ESA” means the Employment Standards Act (Ontario) as the same may be amended from time to time and any successor legislation thereto or similar legislation governing the employment of the Executive; “Intellectual Property” means all legally recognized rights which result or derive from the Executive’s services provided to the Corporation or the CRS Group or with the knowledge, use or incorporation of Confidential Information, and includes but is not limited to developments, inventions, designs, works of authorship, improvements and ideas, whether or not patentable or copyrightable, conceived or made by the Executive (individually or in collaboration with others) during the Term or which result from or derive from the Corporation's or the CRS Group’s resources or which are reasonably related to the business of the Corporation or the CRS Group. “Just Cause” means: (i) the failure of the Executive to properly carry out his material duties after written notice by the Corporation of the failure to do so (specifying the breach) and an opportunity for the Executive to correct the same within a reasonable time from the date of receipt of such notice, (ji) theft, fraud, dishonesty or misconduct by the Executive involving the property, business or affairs of the Corporation or the CRS Group or the carrying out of the Executive’s matenal duties; or (it) any breach or non-observance by the Executive of any term of this Agreement; S0a “Person” means any individual, partnership, limited partnership, joint venture, syndicate, sole proprietorship, company or corporation with or without share capital, unincorporated association, trust, trustee, executor, administrator or other legal personal representative, regulatory body or agency, government or governmental agency, authority or entity however designated or constituted; “Plans” means individually and collectively, the Share Purchase Plan and the Stock Option Plan; “Rules” means all regulatory laws governing the issuance of options, including all requisite TSE rules and all laws and regulations under the Securities Act (Ontario); “Stock Option Plan” means the Stock Option Plan of the Corporation dated as of September 27. 2000 as amended from time to time: “Term” has the meaning set out in Section 3; “TSE” means the Toronto Stock Exchange; “Year of Employment” means thereafter each 12 month calendar period commencing January 1 and ending December 31 commencing after the expiry of the Adjusted Year of Employment. 2. Employment of the Executive The Corporation will employ the Executive, and the Executive will serve the Corporation, in the position, Sla and in the duties and responsibilities as set out in Schedule A and, subject to the consent of the Executive, in positions assigned by the Board of Directors from time to time that are consistent with the Executive’s skills and experience. The Executive shall comply with all rules, regulations and instructions of the Corporation now in force, or which may be adopted from time to time, and communicated by the Corporation to its employees. 3. Term The Executive’s employment will, subject to section 9, be for the term specified in Schedule A attached hereto (the “Term”). 4. Performance of Duties During the Term, the Executive will faithfully, honestly and diligently serve the Corporation and the CRS Group. The Executive will (except in the case of illness or accident) devote his full working time and effort so as to ensure the effective management of the Corporation and will use his best efforts to promote the interests of the Corporation. During the Term, the Executive will present to the Corporation all of his ideas concerning the Business of the Corporation. 5. Remuncration (a) Basic Remuneration. The Corporation will pay the Executive a gross annual salary (the “Salary’) in the amount set out in Schedule A and thereafter in an amount determined by the Board of Directors from time to time in respect to the Adjusted Year of Employment or each Year of Employment (before 82a deduction for income taxes and other required deductions, such as Canada Pension Plan and Unemployment Insurance contributions, but excluding the Benefits paid by the Corporation as provided in section 5(b), but not less than the amount in Schedule A (unless waived by the Executive)). The Salary will be payable in equal instalments bi-weekly in arrears in each month during the Adjusted Year of Employment and each Year of Employment thereafter. (b) Benefits. The Corporation will provide to the Executive the benefits set out in Schedule A and any benefits provided from time to time to employees of the Corporation generally as well as a benefits allowance in an amount to be determined by the Board of Directors from time to time in its sole discretion (the “Benefits”). In addition, the Executive will be entitled to participate in accordance with and subject to the terms and conditions of any applicable fund, plan or arrangement relating to senior executives of the Corporation in effect generally from time to time with respect to the CRS Group. (c) Bonus Remuneration. The Executive will be entitled to receive such bonus remuneration, if any, in respect of the Adjusted Year of Employment and each Year of Employment thereafter during the ‘Term, as the Board of Directors may determine. based on the criteria set out in Schedule A. (d) Pro-Rata_ Entitlement in the Event_ of Termination. If the Executive's employment is terminated pursuant to section 9 the Executive will receive (in addition to any other amounts payable pursuant to section 9), the appropriate pro-rata portion of the Executive's Salary, Benefits and bonus Sa remuneration (if any) in respect of the Adjusted Year of Employment or the Year of Employment in which the effective date of the termination of employment occurs. 6. Expenses The Corporation will, upon presentation of expense statements or receipts and such other supporting documentation as the Corporation may reasonably require, pay or reimburse the Executive in accordance with the Corporation’s expense policies for all trave! and out-of-pocket expenses reasonably incurred or paid by the Executive in the performance of his duties and responsibilities 7. Vacation The Executive will be entitled during the Adjusted Term of Employment and each Year of Employment during the ‘Term to such period of vacation with pay as set out in Schedule A or such greater amount as the Board of Directors, in its sole discretion, may authorize, provided that the Executive will be entitled to at least the minimum number of weeks required by the ESA. 8. Share Purchase Plan and Stock Option Plan The Executive will be entitled to participate in the Share Purchase Plan, if such plan is being offered by the Corporation The Executive may be entitled to participate in the Stock Option Plan from time to time to the extent that S4a the Board of Directors, in its sole discretion, may determine. 9. Termination (a) Notice. The Executive's employment may be terminated at any time: () by the Corporation without prior notice and without further obligations to the Executive for reasons of Just Cause or Disability; (11) on prior written notice by the Executive on the terms set out in Schedule B; or (41) in any other case, by the Corporation on the terms as set out in Schedule B. ‘Termination of the Fxecutive’s employment by the Corporation pursuant to clause 9(a)(i) or clause 9(a)(ili) may be undertaken only under the authority of a resolution of the Board of Directors approved by a majority of the directors. The Executive's einployinent will be terminated in the event of the Executive's death. In the case of such event, the Basic Remuncration, Benefits and Mxpenses, if any, set out in sections 5 and 6 shall continue to be paid and provided by the Corporation to the named beneficiary of the Executive listed in Schedule B for a period of 90 days following the date of termination. With the exception of payments described in the preceding sentence, there will be no further obligation on the part of the Corporation or the CRS 85a Group (except as to the pro-rata entitlements referred to in clause 5(d) upon the Executive’s death. (b) Effective Date: The effective date on which the Executive’s employment will be deemed to have been terminated will be: (1) in the case of termination under clause 9(a)(i), the day on which the Executive is deemed, under section 18, to have received notice from the Corporation of termination; (11) in the case of termination under clauses 9(a)(i1) or (iil), and subject to section 10, the last day of the minimum period referred to in the relevant paragraph; and (iii) inthe case of the death of the Executive, on the date of the Executive’s death. (c) Change of Control. If there is a Change of Control of the Corporation and without the consent of the Executive, the Executive is: (a) demoted or (b) the Salary is reduced; or (c) the job title, duties or responsibilities are materially modified; or (d) the terms and conditions of the Execcutive’s employment are otherwise materially changed, the Executive may, within 60 days of being advised of the same, give notice to the Corporation that he is leaving its employment, and such leaving shall be treated for all purposes of this Agreement as a termination by the Corporation of the Executive’s employment pursuant to section 9(a)(111). 86a (d) Rights of Executive on Termination and Lump Sum Payment. Where the _ Executive’s employment under this Agreement has_ been terminated by the Corporation under section 9{a){iil), the Executive shall be entitled, upon receipt by the Corporation of appropriate releases, resignations, and other similar documentation, to receive from the Corporation, in addition to accrued but unpaid Salary and bonus remuneration, if any, a lump sum payment equai to the amount set out in Schedule B, less any amounts owing by the Executive to the Corporation for any reason. Such amount shall be paid by the Corporation to the Executive in instalments, cach instalment to be equivalent to the Executive’s current periodic salary and benefit entitlement and payable at the same intervals as would be the case had the Executive remained as an employee of the Corporation. All payments made by the Corporation in respect of the severance payment shall be subject to all required deductions for income tax and other statutory withholdings. (e) No Other Entitlement. Except as provided above in this section 9, where the Executive’s employment has been terminated by the Executive or terminated or deemed to have been terminated by the Corporation for any reason, the Executive will not be entitled, except to the extent required under any mandatory employment standard under the ESA, to receive any payment as termination pay, severance pay, in lieu of notice, or as damages. Except as to any entitlement as provided above, the Executive hereby waives any claims the Executive may have against the Corporation for or in respect of termination pay, severance pay, or on account of loss of office or employment or notice m heu thereof or damages in lieu 87a thereof (other than rights pursuant to subsection 5(d). Payments to the Executive upon termination (or performance pursuant to section 19) in accordance with this Agreement by the Corporation will be deemed to include and to satisfy entitlement to termination pay and severance pay pursuant to the ESA to the extent of such payments. 10. Consulting Arrangement Option Intentionally deleted. 11. Return of Materials Upon Termination Upon termination of the Executive’s employment by the Corporation, the Executive will promptly deliver to the Corporation all property of or belonging to or administered by the Corporation or the CRS Group, including without limitation, al) documents, manuals, customer, supplier, product and other proprietary lists, data, records, computer programs, codes, materials, prototypes, products, samples, analyses, reports, marketing materials, equipment, tools and devices relating or pertaining to any Intellectual Property or Confidential Information, including all copies or reproductions of the same. 12. Non-Comvetition The Executive acknowledges the competitive and proprietary nature of the business carried on by the CRS Group and the interests of the CRS Group in limiting, on a reasonable basis, the ability of its employees and former employees to carry on a Competitive Business. 88a Accordingly, the Executive will not, either during the Term or for a period of 12 months thereafter, directly or indirectly, in any manner whatsoever including, without limitation, either individually, or in partnership, jointly or in conjunction with any other Person, or as employee, principal, agent, director or shareholder: (a) be engaged in any undertaking; (b) have any financial or other’ interest (including an interest by way of royalty or other compensation arrangements) 1n or in respect of the business of any Person which carries on a business; or (c) advise, lend money to, guarantee the debts or obligations of or permit the use of the Fxecutive’s name or any part thereof by any Person which carries on a business; anywhere in Canada, the United States, Europe, the United Kingdom, Sweden, Norway and Japan, if the undertaking or the business, as the case may be, is a Competitive Business. Nothing in this section 12 will operate to prevent the Executive from owning, on a passive investment basis, up to 5% of the issued shares of a Competitive Business, the shares of which are traded on a recognized stock exchange or traded in_ the over-the-counter market in Canada or elsewhere. 13. No Solicitation of Employees or Consultants The Executive acknowledges the importance to the business carried on by the CRS Group of the human 89a resources engaged and developed by the CRS Group and the unique access that the Executive's employment and other involvement with the CRS Group offers to interfere with these resources. Accordingly, the Executive will not, during the Term and for the period of 12 months thereafter, directly or indirectly, employ, be employed by, enter into a partnership or other association with or retain as an independent contractor or be retained as an independent contractor by, any employee of or consultant to the Corporation or the CRS Group or induce or solicit, or attempt or induce, any such person to leave that person’s employment or engagement. 14. Confidentiality The Executive will not, during the Term and at any time thereafter, directly or indirectly, other than as required by his duties use or disclose to any person any Confidential Information unless: (a) the Confidential Information is available to the public or in the public domain at the time of such disclosure or use without breach of this Ayreement or any similar agreement between the Corporation and_ other employees or consultants; or (b) disclosure of the Confidential Information is required to be made by any law, regulation, governmental authority or court, provided that, before disclosure is made, notice of the requirement is provided to the Corporation and (to the extent possible in the circumstances) the Corporation is afforded an opportunity to dispute the requirements. 90a The Executive’s obligations under this section 14 are to remain in effect for ten years and will exist and continue in full force and effect notwithstanding any breach or repudiation or any alleged breach or repudiation of this Agreement by the Corporation. 15. Patents and Copyrights During the Term, the Executive agrees to disclose to the Corporation all Intellectual Property developed by the Executive, either individually or in collaboration with others, which relates directly or indirectly to the business of the Corporation or the CRS Group. The Executive acknowledges and agrees that all right, title and interest of any kind whatsoever in and to the Intellectual Property, including the foregoing and any patents and copyrights, is and will be the exclusive property of the Corporation and the Corporation will have absolute discretion to determine how such Intellectual Property is used. All work done during the Term by the Executive for the Corporation or a member of the CRS Group is a work for hire under which the Corporation or the member of the CRS Group, as the case may be, is the inventor for patent purposes and first author for copyright purposes. All such patents shall be the property of, and copyright will vest in, the Corporation or the relevant member of the CRS Group, as the case may be. The Executive hereby waives all moral rights that the Executive may have in the Intellectual Property and the Executive agrees that this waiver may be invoked by the Corporation and by any of its authorized agents or assignees in connection with any use by them of any of the Intellectual Property. The Executive agrees that the Executive will execute all such instruments and do all such things as may be reasonably necessary or 91a desirable to give full effect to the foregoing and will co-operate and assist the Corporation and the *Group in enforcing their rights under this paragraph. 16. Certain Warranties, Covenants and Remedies (a) The Executive agrees that the obligations of the Executive as set forth in sections 11, 12, 13, 14 and 15 will be deemed to have commenced as of the date of this Agreement (b) The Executive acknowledges that a breach or threatened breach by the Executive of any of sections 11, 12, 13, 14 and 15 will result in the Corporation and its shareholders suffering irreparable harm which is not capable of being calculated and which cannot be fully or adequately compensated by the recovery of damages alone. Accordingly, the Executive agrees that the Corporation will be entitled to interim and permanent injunctive relief, specific performance and other equitable remedies, in addition to any other relief to which the Corporation may become entitled. (c) The Fxecutive’s obligations under each of sections 11, 12, 13, 14 and 15 are to remain in effect in accordance with their terms and will exist and continue in full force and effect notwithstanding any breach or repudiation, or alleged breach’ or repudiation, of this Agreement by the Corporation. a7. Co-Operation By Executive Ifa question arises as to whether the Executive has a Disability, the Executive will co-operate in all respects with the Corporation to determine such 92a question. Without limitation, the Executive will authorize the Executive’s medical doctor or other health care specialist to discuss the condition of the Executive with the Corporation and the Executive will as reasonably requested by the Corporation submit to examination by a medical doctor or other health care specialist selected by the Corporation. 18. Notices Any notices or other communication required or permitted to be given hereunder must be in writing, delivered by facsimile or by hand-delivery as hereinafter provided. Any such notice or other communication, if sent by facsimile, will be deemed to have been received on the Business Day following the sending, or if delivered by hand to the Executive will be deemed to have been received at the time it is delivered to him or, if delivered to the Executive or the Corporation at applicable address noted below, when itis delivered either to the individual designated below or to an individual at such address having apparent authority to accept deliveries on behalf of the addressee. Notice of change of address will also be governed by this. section. Notices and _ other communications must be addressed as follows: (a) if to the Executive: as set out in Schedule “A” (b) if to the Corporation: CRS Robotics Corporation 5344 John Lucas Drive Burlington, ON 1.71, 6A6 93a Attention: President & CEO Fax number: (905) 332-6385 19. Headings The inclusion of headings in this Agreement 1s for convenience of reference only and is not to affect the construction or interpretation hereof. 20. Invalidity of Provisions Each of the provisions contained in this Agreement is distinct and severable and a declaration of invalidity or unenforceability of any provision by a court of competent jurisdiction will not affect the validity or enforceability of any other provision hereof. 31. Entire Agreement This Agreement constitutes the entire agreement between the parties pertaining to the subject matter of this Agreement. This Agreement supersedes and replaces all prior agreements, if any, written or oral, with respect to the Executive’s employment by the Corporation or the CRS Group and any rights which the Executive may have by reason of any such prior agreement or by reason of the Executive’s prior employment, if any, by the Corporation or the CRS Group. 22. Waiver, Amendment Except as expressly provided in this Agreement, no amendment or waiver of this Agreement will be binding unless executed in writing by the party to be bound thereby. No waiver of any provision of this Y4a Agreement will constitute a waiver of any other provision nor will any waiver of any provision of this Agreement constitute a continuing waiver unless otherwise expressly provided. 23. Governing Law This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario. 24. Counterparts This Agreement may be signed in counterparts. Each counterpart will constitute an original document and all counterparts, taken together, will constitute one and the same instrument. Executed counterparts may be delivered by fax. 25. Schedules Schedules “A” and “B” form part of this Agreement. 26. Acknowledgement The Executive acknowledges that (a) the Executive has had sufficient time to review and consider this Agreement thoroughly; (b) the Executive has read and understands the terms of this Agreement and the Executive’s obligations hereunder; (c) the Executive has been given an oppertunity to obtain independent legal advice, or such 95a other advice as the Executive may desire, concerning the interpretation and effect of this Agreement; and (d) the Agreement is entered into voluntarily by the Executive. IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED THIS AGREEMENT ON THE 3"? DAY OF DECEMBER, 2001. CRS ROBOTICS CORPORATION PER /s/_ fsf Executive Signature /s/ Roger Hertz " - Executive Name (Please Print) WITNESS: fs} . a Witness Name (Please Print) Y6a SCHEDULE A TERMS OF EMPLOYMENT DATE OF AGREEMENT: December 3, 200] EXECUTIVE’S NAME : Roger Hertz ADDRESS OF EXECUTIVE: 5028 Penman Lane Burlington, ON L6L 6J4 POSITION OF EXECUTIVE: Director Research & Development DUTIES: (a) (b) (d) devote his full time and attention and his best efforts during normal business hours to the Business of the Corporation; perform those duties that may reasonably be assigned to the Executive as the Director Research & Development of the Corporation diligently and faithfully to the best of the Kk xecutive’s abilities and in the best interests of the Corporation; use his best efforts to promote the interests and goodwill of the Corporation; appropriately divide his time between the North American and European operations of Oa the Corporation as may be determined by the President; (e) responsible for assisting in_ the implementation of the short and long range goals, objectives, strategies and _ policies, established by the Board of Directors or the President; (f) responsible for developing new products to meet company goals, the technical content of CRS products and systems, and for technical aspects of business development. Ensures organization adhere to its technical strategy and prepares budgets for R&D projects. The Executive recognizes that the President may vary these responsibilities at any time to meet the changing needs of the Corporation. REPORTING RESPONSIBILITIES: report to the President & CEO. TERM: Minimum of one year and automatically extended thereafter on a year to year basis, subject to termination rights set out in the Agreement. The Term shall commence on December 3, 2001. REMUNERATION: (a) Salary: $95,000 per annum. 'l’o be reviewed after the Adjusted Year of Employment and each Year of Employment thereafter. (b) Gross Annual Bonus: a discretionary bonus payable in the sole and absolute discretion of Sa the Human Resource and Compensation Committee of up to 30% of the Salary as set out in paragraph 9(a) and as amended from time to time, provided certain milestones established by the Human Resource and Compensation Committee at the beginning of the Adjusted Year of Employment and each Year of Employment thereafter are met. Any discretionary bonus payable will be paid to the Executive within 90 days following the end of the Adjusted Year of Employment or each Year of Employment thereafter. ‘he Corporation and the Ixecutive agree to negotiate in good faith with due dispatch after the execution of the Agreement to establish the milestones which will determine the Kxecutive’s bonuses. (c) Benefits: (i) Incidental Vehicle, Mileage and Expense Reimbursement Allowance: The Executive shall receive a monthly vehicle allowance of $500, plus reimbursement of all reasonable vehicle expenses incurred in connection with the Executive's duties, including gasoline, oil, maintenance and repairs of the vehicle. The Executive shall provide written receipts supporting such expenditures to the Corporation. (ii) Telephone: The Executive shall be provided with a cellular telephone with all line charges related to the Executive's duties paid by the Corporation (d) 99a (iii) Vacation period: 3 weeks during the Adjusted Year of Employment and 3 weeks during each Year of Employment thereafter. The vacation period is not subject to an earn-in period. Any unused days of a vacation period will be subject to the policy of the Corporation. (iv) Corporation’s Standard Benefit (v) Entitlement: The Executive shal] be entitled to the benefits which other senior executives are entitled to including: e long term disability e life insurance ¢ supplemental health and denta! e any additional improvements or additions to the benefits Laptop Computer: The executive will be supplied with a laptop computer to be used in connection with the Executives duties. Adjusted Year of Employment: Notwithstanding the foregoing, during the Adjusted Year of Employment, the Salary as set out in paragraph 9(a) of Schedule “A”, the Gross Annual Bonus as set out in paragraph 9(b) of Schedule “A” and the Benefits as set out in paragraph 9c) of Schedule “A” shall be adjusted on a prorated basis adjusted either on a daily, weekly or monthly basis as applicable. 3. 100a SCHEDULE B TERMINATION Termination of the Executive (a) By the Executive: The [xecutive’s employment may be terminated at any time on 60 days’ prior written notice. (b) By the Corporation: In any case other than those set out in sections 9(a)(i) and 9(a)(ii), the Executive’s employment may be terminated at any time by the Corporation on 3 months’ prior written notice. Lump Sum Payment Amount equal to the number of months of Salary, bonus entitlement (based on the previous year’s bonus) and benefits (to the extent they are available to the Executive under the Corporation’s benefit plans), as set out: (i) during the first 12 months of the Term: 12 months Named Beneficiary of the Executive: (1) Susan Hertz; (11) if Susan Hertz predeceases the Executive, then equally to the Executors’ children. 10la 4. Reduction of Severance Payment: Any payments on account of the severance payment which are not yet required to be paid under section 9 shall be reduced by the amount of any remuneration received by the Executive for employment rendered by him following any termination by the Corporation hereunder. For example, if the severance payment is $70,000.00 (Cdn.) and the Executive is receiving severance instalments every two weeks in the amount of $5,385.00, then if the Executive finds employment one month following any termination hereunder and reeeives remuneration at a rate of $3,000.00 every two weeks, then any payments otherwise due by the Corporation on account of the severance payment will be reduced to $2385.00 for every two week period during which the Executive continues to receive such remuneration .The Executive agrees to immediately notify the Corporation if he obtains employment or consulting work following his termination and shall also respond to all reasonable enquiries of the Corporation (including enquiries by the Corporation of any employer of the Executive concerning the Executive’s employment following his termination hereunder). The Executive shall be subject to a reduction in the severance payment for monies received for consulting work which exceed the sum_ of $10,000.00. 102a University of Toronto This 1s to certify that Roger Barry Hertz has fulfilled the requirements of the University of Toronto and has been admitted under the authority of the Governing Council of the University of Toronto to the degree of Doctor of Philosophy In witness whereof we have hereto subscribed our names and affixed the academic seal of the University: JUNE 11, 1998 /s/ PRESIDENT /s/ DEAN OF THE SCHOOL OF GRADUATE STUDIES /s/ SECRETARY OF THE GOVERNING COUNCIL 103a University of Saskatchewan We the duly authorized officers of the University of Saskatchewan hereby certify that Roger Barry Hertz having fulfilled all the requirements, was admitted by the Senate of this University to the degree of Bachelor of Science in Mechanical Engineering with all privileges, prerogatives and rights pertaining to that degree. In witness whereof we have hereto subscribed our names and affixed the seal of the University of Saskatoon. Granted at Convocation this twenty-third day of May, one thousand nine hundred and ninety. Great Distinction . es _ Chancellor Is/_ _——————sCé#Presilernt /s/ ; —_ Dean ) ia ___ Secretary 104a Approved SCAO OSM CODE: LET STATE OF MICHIGAN PROBATE COURT COUNTY OF EATON LETTERS OF AUTHORITY FOR PERSONAL REPRESENTATIVE File No. 05-39159-DE state of Roger Barry Hertz, Deceased TO: Name, address, and telephone no. Susan Hertz 5230 Rome Crescent Burlington, Ontario L7L7B7 (905) 331-9934 You have been appointed and qualified as personal representative of the estate on 02/23/2005. You are authorized to do and perform all acts authorized by law except as to the following: { | Real estate or ownership interests in a business entity excluded from your responsibilities in your acceptance of appointment |] Restrictions and limitations: 105a 02/28/2005 /s/ Date Judge (formal proceedings)/Register (informal proceedings) Bar no. SEE NOTICE OF DUTIES ON SECOND PAGE. The Findling Law Firm Darren Findling P51350 Attorney name (type or print) Bar no. Address Royal Oak, MI 48067 __ (248) 399-3300 City, state, zip Telephone no. ! certify that I have compared this copy with the original on file and that it is a correct copy of the original and that these letters are in full force and effect as of the date on the letters. 02-28-2005 /s/ Date Register Do not write below this line - For court use only MCL 700.3103, MCL 700.3307, MCL 700.3414, MCL 700.3504, MSL 700.3601, MCR 5.202(A), MCR 5.206, MCR 5.307, MCR 5.310 PC 572 (9/02) LETTERS OF AUTHORITY FOR PERSONAL REPRESENTATIVE 106a CERTIFICATE OF DEATH |See fold-out exhibit, next page} Lase D'un-CV-19440-uLU-navWw vocument 11-7 Filed 03/23/2007 Page 36 of 36 e1riewut meres DEPARTMENT OF COMMUNITY HEALTH ae 42a CEATIFICATE OF DEATH 267 bey 10 EDUNT SHAME ere ene bees 2 DATE OF BIATW town ty rer) | 2 SEX & DATE OF DEATH catamm Bey tear toger Barry Hertz February 14, 1968} Male May 31, 2004 EAT BiKT6 OR OTHE Wand USED FOP PERSONAL BUSINESS tonetem LA) Fons te AGE Lan Bisttay YEAR eR. DAY ated MONTHS TRAST NIMTES | | FIOM OF DEATH teat ar ly prmeonn Ba ey % CITY. VILLAOE, Oa TOWASKD OF OBATH [14 COUNTY GY DEATH tld off Scipio ~y 4 Mi west Vermontville Yermontville Twp.} patan UONT RISIDEMT « | t& COUNTY Ge LOCALITY teteet is as teat desertins the tection! i STREET AND NUMBER cncnete ape Ae appnenbe) % Ontario, Zoraaue vow (7) eecaremacm nace ‘anada Halton Surlington 3230 Rom2 Crescens —_ CODE RBIRTMPLACE (Cry ome sew 6 omer) 12 SOCMAL SECURITY NUMBER | 11. CECFDPNTS EDUCATION - wan te nignew gre © ee wt erp 6 te me ne 1L-7B7 | Saskatoan, Saskatchewan $8 141 - 952 | PHD = University E . nemericne batet When Cie, oY Aiton, rw netlematry | Ja ANCESTRY - teesicam Cota Ach linan Beglash Proc One me | 1h HISPANIC ORUCIN| 14 Ws DECE DENT VOR UN SE ee ee ee ee es —e tite Canadian No No IAL OCCUPATION Gow tee gf mow tos | 16 UND OF BUSINESS OF INDUSTRY 17. MARITAL STATUS - states, at + | aes ag een ef wotg He Oe we oe ek ee ngineer Robot ics Married Susan Mary i eeneman MEAS NAME Win ate lot WD MOTHER'S MAME BEFORE FURST MARSUBD (fem, sieme Lacy arry Hertz Eileen Cardeli TMANTS NAME ifpetee ne Baan Die MARIANO ADDRESS ccc ane Aemchor or Lem! femme Aemnar Coy a Millage, femme Dip Cote, iusan Hertz Spouse 5230 Rome Crescent, Burlington, Ontario, Canad MWOD OF DISFQUITION | Le PLACE OF OXSPOSITION pew of Commas Oneonery © tet beens "Tm LOCATION Glo o Vilegs, Stas ye urias Burlington Memorial Gardens Burlington, Ontario Canada KATURS OF MORTUARY SOEMCE LICEMSCE «17. UCASE HUMBER | 28 MAME AND ADDRESS OF FUNERAL FACLITY . Ni / — Sodth's Puneral Semvice AM ae TT _— TBR Cnet my ss We ACTUAL OR PRESUMED | 2m (CED OAD ON ‘Tak. TL PLONOUMCED ate Or A iNaaRmemneE HL Nay 3! 200 ™2 30 f a 2. RAE OF ASTENOINO PATSOAN J CTHER THAN CRATER hype ries wa F Md | BSI Ni AND AMURESS OF CERTUFYUNO MIVSIGAN cpr ow Peet . R.L. Leeser, M.D., 123 Lansing St., Ste 3, Charlotte, MI 48813 chrasucures = MW. Frances Fylier/County Clerk = |) #18 MLD wen pe ton . M/A Filledtten aA 4 LE June 4, 2004 De ee eee Tl ow hac BRO, Coa ceam cused De nes "BO NOT cant neal) cuss ood w carkas CWA eIpeney GO, Js doen yond empumla Riince ems Cow yy hs Keser eaty one came oh 6 lem At px Lean ee ree pp reore™ UY edighe Te eh pa _. thee os ay oe to fe TA. - aoe . Ger oleh py alee OVE © (08 As « COPECO OF , oo en i ty he teem, = & ow Sees CUE TD (04 23 2 Cornnuence OF) i | a iL me Ti. DID TOBACCO USE a Pome CONT RISUTE TO OGATH? 3 QUNEE POI Aa COmeTCnG «matin 1 GaP ms woh cesaiion be the seriying cme gioem te LT) ny) meteaey (1) prea ei pr G rd Dw 2 tee ne ew . rae "Avtorsy | dn WEREA 6 LJermem wep eh dep dame NAGR OF DEATH - ee ol a 7 bo ny PERMORMED! PaaS Conn Brien oe CALIE OF Fe pages, ts pregnaes 4) ops) pw (iw mt LRAT We oo ie od Bead) st Woate? fa eet SBOP aes + TOAE OF OWURY 4c DESOUIBE HOW DUUEY OCCURAED a/ ae 1M, osnin ic tu eft - Boa OX fol JURY AT WORM in PLACE OF DUURY. A oom, [4 fF TRAN SIOOTATON 41g LOCATION - Suscct a RFD Pe pir si ica ea | Aff a — a ff y cal v0 | Shave. Letiig” Hl of 7 vay 305 My Mas 4 a > Coumy of Eatco )} State of Michigan ) s.s, J, M. Frances Fuller, Clesk of the Circuit Coart fcr Said County of Eatce do hereby certify that the foregoicg is s true copy of a record sow remaining om the office of the Cleck of Suid County and Court In Testcnozy Waereaf, | bgve bepunta set my baad 4 te seal of said Court 0 Coccty, af the City of Chusistte, this ¢//4 day of bane AD., 2 Wi By __ Deputy Clerk . eee VO cmt wh wavnw “vad @002 SUSAN HERTZ Page i 4 Bell Account number 905 331 9934 (654) Bill date July 16, 2004 0331 9934 6540) 004 Account Summary << eg ene Pi boas ak Long distance savings and discounts with Bell this a" Cc $ 109.94 -. ~~ eT ae al Previous charges Amount of last bill 304.45 Payment received Jul 08 - Thank You 304.45cr Adjustments 00 Balance forward .00 Current charges _| Monthly services (Jul 16 to Aug 15) 78.04 Equipment rentals (Ju! 16 to Aug 15) 00 Changes 2.40 Chargeable messages 4.85 Late payment charge 4.57 GST 100458652 5.06 PST 6.83 Total current charges 90.65 Total amount due 99.65 | Please pay upon receipt TO avoid a Late Payment Charge, enmnenmen please ensure we receive your peyment an or belore Aug 16, 2004. To reach Bell Diract™ 24h 310-BELL (2365) toll free Vista 360, press Services or by Internet www. beil.ca Client Representative during business hours 310-BELL (2355) &% i sinestccnnt 1 2A-Hour Repe Serde a © icdneonibvcicantaaeumieiiaata — ss a yk = — 0331 9934 65401 004 | Account number | Bill date Amount duo | Amount paid “] — poezsng3zs =| 200407 16 95.65 | = For Bel use 6344 6) *011**CBSO*RLBH**000037023 53 11-00036 Please send paymart E . sae SUSAN HERTZ T14 . 5230 ROME CRES bide - 60 Nok staple. BURLINGTON ON L7L 7B7 0051514993453200065470407,L00004 1000000000091L5e vervorvs avid: chh $05 315 8492 THE UPS STORE -318 005 Pavia ¥Y 4 bore | | Accounl number 955 331 9934 (654) Bh dale July 16, 2004 Changes Services and #quipment ent adel i ieee mal” Dav —Anoynt Juni Order#;CROB8591 Addition ; 1. Telemarketing excusion code. 00 36 rr) 1 Non published listing service gh 2.00 % 2.40 Changes rsx! { ‘ 240 Chargeable messages Date Location called Number Stan Qunition Code” Charges Savings andlor Plan Type” Amount (rein) Discounts 3h 9944 nn — lana disianca calle (Your pion coves sppeos in lhe guranery - cha/ndeb!e mossagss, i applicadio ) f M 00 4 M LO 3 M 00 4 lA 00 6 M 00 6 M re) 7 M £0 8 td 0 G M 0 10 M 00 17 M 1) 14 M 0 12 M 60 1} M 00 16 M 00 JE M co ki Jun 26 St Chartas i. 630977 8177 10:66 11 6 6.49 649 OFM co 1c} th 90 10 oo 00 & eM 00 zt $M 00 42 ¢M 00 a M 0 2 M £0 25 M 4!) 20 M 50 27 KM 0 2u M a 25 i 99 26 iM 7) oH M ‘1 52 M fas) 23 M ”) 3 tA 00 36 M ( 37). PY ») 28 i ) 39 rr Bbeaeen: BEST AVAILABLE COPY 107a APPENDIX G U.S. Department of Transportation lederal Aviation Administration Office of the Chief Counsel 800 Independence Ave., SW Washington, DC 20591 June 15, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Receipt Number: 7004 1160 0004 8479 6133 Sheldon L. Miller, Esq. Sheldon I,. Miller & Associates 3000 Town Center, Suite 1700 Southfield, MI 48075-1188 Re: Claim of Estate of Roger Barry Hertz, deceased, by and through his Personal Representative, Susan Hertz, arising out of the crash of N707SH near Vermontville, Michigan on May 31, 2004 Our Docket # 06-006 Dear Mr. Miller On June 9, 2006, we received by facsimile a copy of the claim you submitted on behalf of the above claimant (See Attachment #1, facsimile cover page). Thereafter, LO8a on June 12, 2006, we received a copy of the same claim by UPS overnight. (See Attachment #2, UPS Tracking Summary) The Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2401(b), 2671, et seq, is a limited waiver to the Federal government’s sovereign immunity, and sets forth the conditions under which it has consented to be sued in actions arising under tort. 28 U.S.C. § 2401(b) provides in pertinent part that, “A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues... .” The above claim accrued on May 31, 2004 (the date of the subject accident). Because it was received more than 1 week after the 2-year limitations period expired, it is not eligible for consideration under the FTCA and, therefore, must be denied. Should you wish to contest this determination, you must initiate action in the appropriate United States District Court, pursuant to the provisions of the Federal Tort Claim Act 28 USC Sections 1346(b), 240(b), and 2671, et_seqg., not later than six months after the date of mailing of this notification. Sincerely, /s/ Richard H. Saltsman Assistant Chief Counsel Litigation Division Enclosures --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386017_0721%3A1. Public record. Not legal advice.