0000950134-07-010875 Sample Contracts

Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. DEVELOPMENT AND COMMERCIALIZATION AGREEMENT
Development and Commercialization Agreement • May 9th, 2007 • Xenoport Inc • Pharmaceutical preparations • Delaware

THIS DEVELOPMENT AND COMMERCIALIZATION AGREEMENT (“Agreement”) dated as of February 7, 2007 (“Effective Date”), is entered into between XenoPort, Inc., a Delaware corporation having its principal place of business at 3410 Central Expressway, Santa Clara, CA 95051 (“XenoPort”) and Glaxo Group Limited, a company existing under the laws of England and Wales, having its registered office at Glaxo Wellcome House, Berkeley Avenue, Greenford, Middlesex, UB6 0NN, England (“GSK”).

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XenoPort Letterhead] May 4, 2007
Xenoport Inc • May 9th, 2007 • Pharmaceutical preparations

This letter (the “First Amendment”) is to confirm the agreement between XenoPort and GSK with respect to an amendment to the Agreement as set out in Paragraphs 1 and 2 below. All capitalized terms not otherwise defined in this First Amendment shall have the respective meanings given to such terms in the Agreement.

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