0001193125-03-080439 Sample Contracts

RESEARCH AND LICENSE AGREEMENT BETWEEN KOSAN BIOSCIENCES, INC. AND ORTHO-MCNEIL PHARMACEUTICAL CORPORATION AND THE R.W. JOHNSON PHARMACEUTICAL RESEARCH INSTITUTE September 28, 1998
Research and License Agreement • November 14th, 2003 • Kosan Biosciences Inc • Services-commercial physical & biological research • California

This RESEARCH AND LICENSE AGREEMENT (hereinafter called the “AGREEMENT”), made as of September 28, 1998 by and between KOSAN BIOSCIENCES, INC., a corporation organized under California law having its principal office at 1450 Rollins Road, Burlingame, California 94010 (hereinafter called “KOSAN”);

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SETTLEMENT AGREEMENT
Settlement Agreement • November 14th, 2003 • Kosan Biosciences Inc • Services-commercial physical & biological research

This SETTLEMENT AGREEMENT (the “Settlement”) is made and entered into as of September 19, 2003 (the “Settlement Date”) by and between Kosan Biosciences Inc., a Delaware corporation having offices at 3832 Bay Center Place, Hayward, CA 94545 (“Kosan”) and the Sloan-Kettering Institute for Cancer Research, a non-profit entity organized under the laws of the state of New York, and having its principal office at 1275 York Ave., New York, NY, 10021 (“Sloan-Kettering”). Kosan and Sloan-Kettering are sometimes referred to below each individually as a “Party” and collectively as the “Parties.”

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