August 4, 2004 VIA HAND DELIVERY Michael Ostrach Kosan Biosciences, Inc. Hayward, CA 94545 Dear Michael:Kosan Biosciences Inc • November 8th, 2004 • Services-commercial physical & biological research • California
As we discussed, this letter sets forth the terms of the separation and consulting agreement (the “Agreement”) that Kosan Biosciences Incorporated (the “Company”) is offering to you to aid in your employment transition.
AMENDMENT TO COLLABORATIVE RESEARCH, DEVELOPMENT AND COMMERCIALIZATION AGREEMENTCommercialization Agreement • November 8th, 2004 • Kosan Biosciences Inc • Services-commercial physical & biological research
WHEREAS, Hoffmann-La Roche Inc., a corporation organized and existing under the laws of the State of New Jersey, and F. Hoffmann-La Roche Ltd, a Swiss corporation (collectively, “Roche”), on the one hand, and KOSAN Biosciences, Inc., a corporation organized and existing under the laws of the State of Delaware (“Kosan”), on the other hand, are parties to that Collaborative Research, Development and Commercialization Agreement entered into as of September 19, 2002 (the “Agreement”); and
