0000950134-08-004354 Sample Contracts

LICENSE AGREEMENT
License Agreement • March 7th, 2008 • Maxygen Inc • Services-commercial physical & biological research • California

This LICENSE AGREEMENT (the “Agreement”), effective as of March 28, 2002 (the “Effective Date”), is made by and between Maxygen, Inc., a Delaware corporation (“MUS”), and Codexis, Inc., a Delaware corporation (“Codexis”).

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AMENDMENT NO. 1 TO LICENSE AGREEMENT
Maxygen Inc • March 7th, 2008 • Services-commercial physical & biological research

This Amendment No. 1 (“Amendment No. 1”) amends that certain License Agreement effective March 28, 2002 (the “Agreement”) entered by and between Maxygen, Inc. (“MUS”) and Codexis, Inc. (“Codexis”), and shall be effective as of September 13, 2002 (the “Amendment Date”). MUS and Codexis hereby amend the License Agreement as follows:

AMENDMENT NO. 3 TO LICENSE AGREEMENT
License Agreement • March 7th, 2008 • Maxygen Inc • Services-commercial physical & biological research

This Amendment No. 3 (“Amendment No. 3”) amends that certain License Agreement effective March 28, 2002 entered by and between Maxygen, Inc. (“MUS”) and Codexis, Inc. (“Codexis”), as previously amended by Amendment No. 1 to License Agreement effective September 13, 2002, and Amendment No. 2 to License Agreement effective October 1, 2002, (as amended, the “Agreement”), and shall be effective as of August 22, 2006 (the “Third Amendment Date”). MUS and Codexis hereby amend the Agreement as follows:

AMENDMENT NO. 2 TO LICENSE AGREEMENT
License Agreement • March 7th, 2008 • Maxygen Inc • Services-commercial physical & biological research

This Amendment No. 2 (“Amendment No. 2”) amends that certain License Agreement effective March 28, 2002, entered into by and between Maxygen, Inc. (“MUS”) and Codexis, Inc. (“Codexis”), as amended by Amendment No. 1 to License Agreement effective September 13, 2002 (as amended, the “Agreement”), and shall be effective as of October 1, 2002. MUS and Codexis hereby amend the Agreement as follows:

December 10, 2007 Waverley Associates, Inc. P.O. Box 2088 Menlo Park, CA 94026 Attn: Isaac Stein Re: Extension of Consulting Agreement Dear Isaac:
Consulting Agreement • March 7th, 2008 • Maxygen Inc • Services-commercial physical & biological research

This will confirm the agreement of Maxygen, Inc. (“Maxygen”) and Waverley Associates, Inc. (“Waverley”) with respect to that certain Consulting Agreement entered effective April 1, 2006 (the “Agreement”), to extend the term of the Agreement one year such that it will terminate as of April 1, 2009, if not earlier terminated in accordance with its terms.

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