0001193125-08-166457 Sample Contracts

June 26, 2008 (the “Letter Effective Date”)
Exelixis Inc • August 5th, 2008 • Services-commercial physical & biological research

Pursuant to this letter agreement (this “Letter”), Exelixis and BMS desire to amend the Collaboration Agreement, effective as of January 11, 2007 (the “Agreement”), to allow for the [ * ]. Capitalized terms used in this Letter agreement that are not otherwise defined herein shall have the meanings given to them in the Agreement.

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FOURTH AMENDMENT TO THE LOAN AND SECURITY AGREEMENT BETWEEN SMITHKLINE BEECHAM CORPORATION D/B/A GLAXOSMITHKLINE AND EXELIXIS, INC. EFFECTIVE OCTOBER 28, 2002.
Fourth Amendment • August 5th, 2008 • Exelixis Inc • Services-commercial physical & biological research

This FOURTH AMENDMENT (the “Fourth Amendment”) is entered into as of July 10, 2008 (the “Fourth Amendment Effective Date”), by and between SMITHKLINE BEECHAM CORPORATION, a Pennsylvania corporation, d/b/a GlaxoSmithKline (“GSK”), and EXELIXIS, INC., a Delaware corporation (“EXEL”). EXEL and GSK are each referred to herein individually as a “Party” or, collectively, as the “Parties.”

SECOND AMENDMENT TO THE PRODUCT DEVELOPMENT AND COMMERCIALIZATION AGREEMENT BETWEEN SMITHKLINE BEECHAM CORPORATION D/B/A GLAXOSMITHKLINE AND EXELIXIS, INC. DATED AS OF OCTOBER 28, 2002.
Second Amendment • August 5th, 2008 • Exelixis Inc • Services-commercial physical & biological research

This SECOND AMENDMENT (the “Second Amendment”) is entered into as of June 13, 2008 (the “Second Amendment Effective Date”), by and between SMITHKLINE BEECHAM CORPORATION, a Pennsylvania corporation, doing business as GlaxoSmithKline (“GSK”), and EXELIXIS, INC., a Delaware corporation (“EXEL”). EXEL and GSK are each referred to herein individually as a “Party” or, collectively, as the “Parties.”

FIRST AMENDMENT TO LEASE
Lease • August 5th, 2008 • Exelixis Inc • Services-commercial physical & biological research

THIS FIRST AMENDMENT TO LEASE (this “First Amendment”) is made as of May 31, 2008, by and between ARE-SAN FRANCISCO NO. 12, LLC, a Delaware limited liability company (“Landlord”), and EXELIXIS, INC., a Delaware corporation (“Tenant”).

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