0001193125-06-167129 Sample Contracts

NON-QUALIFIED STOCK OPTION AGREEMENT (STANDARD) CURAGEN CORPORATION
Non-Qualified Stock Option Agreement • August 9th, 2006 • Curagen Corp • Services-commercial physical & biological research • Delaware

AGREEMENT made as of the XXth day of XXXX, 2006, between CuraGen Corporation (the “Company”), a Delaware corporation having a principal place of business in Branford, Connecticut, and EMPLOYEE NAME, (the “Participant”).

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May 30, 2006 CuraGen Corporation Branford, CT 06405 Attention: Executive Vice President, Business Development
Curagen Corp • August 9th, 2006 • Services-commercial physical & biological research

Reference is made to the Metabolic Disorder Collaboration Agreement dated January 12, 2001 between Bayer Corporation and CuraGen Corporation (as previously amended, the “Agreement”). Terms which are defined in the Agreement are used herein as so defined. This letter will set forth our agreement with respect to the closing of the Qualified Target Production Phase of the Agreement and addresses issues not previously contemplated in the Agreement with respect to such closing.

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