0001193125-06-184781 Sample Contracts

September 1, 2006 EXECUTION COPY
Auxilium Pharmaceuticals Inc • September 5th, 2006 • Pharmaceutical preparations • New York

Reference is made to the Co-Promotion Agreement between Oscient Pharmaceuticals Corporation (“Oscient”) and Auxilium Pharmaceuticals, Inc. (“Auxilium”), dated April 11, 2005 (the “Agreement”). This letter agreement sets forth the terms and conditions upon which Oscient and Auxilium have mutually agreed to terminate the Agreement. All capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the Agreement. The terms and conditions of the mutual termination are as follows:

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LEASE AGREEMENT
Lease Agreement • September 5th, 2006 • Auxilium Pharmaceuticals Inc • Pharmaceutical preparations

THIS LEASE AGREEMENT is made as of this 1st day of September, 2006, between ARE-PA REGION NO. 6, LLC, a Delaware limited liability company (“Landlord”), and AUXILIUM PHARMACEUTICALS, INC., a Delaware corporation (“Tenant”).

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