0001193125-07-242431 Sample Contracts

CONSULTING AGREEMENT
Consulting Agreement • November 9th, 2007 • Kosan Biosciences Inc • Services-commercial physical & biological research • California

THIS CONSULTING AGREEMENT (the “Agreement”) is made and entered into by and between KOSAN BIOSCIENCES INCORPORATED, a Delaware corporation having an address at 3832 Bay Center Place, Hayward, CA 94545 (the “Company”), and MARGARET A. HORN, an individual, having an address at _________________, (“Consultant”), effective as set forth in Section 8.3 herein.

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AMENDMENT NO. ONE TO EXCLUSIVE LICENSE AGREEMENT
Exclusive License Agreement • November 9th, 2007 • Kosan Biosciences Inc • Services-commercial physical & biological research

This Amendment No. One (“Amendment”) to the Exclusive License Agreement (“Agreement”) dated April 4, 2005 is entered into this 2nd day of October, 2007 by and between Kosan Biosciences Incorporated, having an address at 3832 Bay Center Place, Hayward, California 94545 (“Company”) and the State of Oregon, acting by and through the State Board of Higher Education on behalf of Oregon State University, an institution of higher education in the State of Oregon, located at Corvallis, Oregon (“University”).

AMENDMENT TO RESEARCH AND LICENSE AGREEMENT
And License Agreement • November 9th, 2007 • Kosan Biosciences Inc • Services-commercial physical & biological research

This Amendment (“Amendment”) to the Research and License Agreement (“Agreement”) dated August 25, 2000, as amended by the Consent and Amendment dated September 16, 2002, is entered into this 2nd day of October, 2007 by and between Kosan Biosciences Inc., having an address at 3832 Bay Center Place, Hayward, California 94545 (“Licensee”) and the Sloan-Kettering Institute for Cancer Research, having a place of business at 1275 York Avenue, New York, New York 10021 (“SKI”).

EXCLUSIVE LICENSE AGREEMENT
Exclusive License Agreement • November 9th, 2007 • Kosan Biosciences Inc • Services-commercial physical & biological research • Oregon

This “Agreement”, effective on the date of last signature (“Effective Date”), is between Kosan Biosciences Incorporated, having a principal place of business at 3832 Bay Center Place, Hayward, California 94545, hereafter referred to as “Company”, and the State of Oregon, acting by and through the State Board of Higher Education on Behalf of Oregon State University, an institution of higher education in the State of Oregon, located at Corvallis, Oregon, hereafter referred to as “University”.

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