Notice of Grant Uses in Captions and Section Headings Clause

Captions and Section Headings from Restricted Stock Purchase Agreement

THIS RESTRICTED STOCK PURCHASE AGREEMENT (the Agreement) is entered into as of , 20___ by and between (hereinafter referred to as Purchaser), and Cardiogenesis Corporation, a California corporation (hereinafter referred to as the Company), pursuant to the Companys Stock Option Plan, as amended from time to time (the Plan). Any capitalized term not defined herein shall have the same meaning ascribed to it in the Plan.

Captions and Section Headings. Captions and section headings used herein are for convenience only, and are not part of this Agreement and shall not be used in construing it.