0001144204-13-045754 Sample Contracts

FIRST AMENDMENT TO LEASE
Lease • August 14th, 2013 • Baxano Surgical, Inc. • Surgical & medical instruments & apparatus

This First Amendment to Lease (this “Amendment”) is made as of the __ day of June, 2013, by and between SUN LIFE ASSURANCE COMPANY OF CANADA, a Canadian corporation (“Landlord”), and BAXANO SURGICAL, INC., a Delaware corporation (“Tenant”) (NASDAQ symbol BAXS).

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GENERAL RELEASE AND SEVERANCE AGREEMENT
General Release and Severance Agreement • August 14th, 2013 • Baxano Surgical, Inc. • Surgical & medical instruments & apparatus • North Carolina

This GENERAL RELEASE AND SEVERANCE AGREEMENT (the “GENERAL RELEASE AGREEMENT”) is made and entered into between TranS1 Inc., a Delaware corporation having a principal place of business in North Carolina (the “Company”) and Dwayne Montgomery, a resident of the state of Tennessee, employed by the Company in North Carolina (the “Employee”). Throughout the remainder of this GENERAL RELEASE AGREEMENT, the Company and Employee may be collectively referred to as “the parties.”

BAXANO SURGICAL, INC. STOCK OPTION AGREEMENT
Stock Option Agreement • August 14th, 2013 • Baxano Surgical, Inc. • Surgical & medical instruments & apparatus • Delaware

This Stock Option Agreement (the “Agreement”) is entered into as of , by and between Baxano Surgical, Inc., a Delaware corporation (the “Company”), and (the “Optionee”) pursuant to the Company’s 2007 Stock Incentive Plan (the “Plan”). Any capitalized term not defined herein shall have the same meaning ascribed to it in the Plan.

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