Common use of Limited Exclusion Notification Clause in Contracts

Limited Exclusion Notification. THIS IS TO NOTIFY you in accordance with Section 2872 of the California Labor Code that the foregoing Agreement between you and Company does not require you to assign or offer to assign to Company any Invention that you develop entirely on your own time without using Company's equipment, supplies, facilities or trade secret information, except for those Inventions that either: a. Relate at the time of conception or reduction to practice to Company's business, or actual or demonstrably anticipated research or development; b. Result from any work performed by you for Company. To the extent a provision in the foregoing Agreement purports to require you to assign an Invention otherwise excluded from the preceding paragraph, the provision is against the public policy of this state and is unenforceable. This limited exclusion does not apply to any patent or invention covered by a contract between Company and the United States or any of its agencies requiring full title to such patent or Invention to be in the United States. In exchange for the severance benefits to be provided to me by Pacific Ethanol, Inc. (the "Company") pursuant to the terms of my Employment Agreement (the "Agreement"), I hereby provide the following General Release of Claims (the "Release"). I understand that, on the last date of my employment with the Company, the Company will pay me any accrued salary to which I am entitled by law, regardless of whether I sign this Release, but I am not entitled to any severance benefits unless I sign and return this Release to the Company and I allow it to become effective. I hereby generally and completely release the Company and its directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, and assigns (collectively the "Released Parties") of and from any and all claims, liabilities and obligations, both known and unknown, arising out of or in any way related to events, acts, conduct, or omissions occurring at any time prior to or at the time that I sign this Release. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to my employment with the Company or the termination of that employment;

Limited Exclusion Notification. THIS IS TO NOTIFY you in accordance with Section 2872 of the California Labor Code that the foregoing Agreement between you and Company does not require you to assign or offer to assign to Company any Invention that you develop entirely on your own time without using Company's ’s equipment, supplies, facilities or trade secret information, except for those Inventions that either: a. Relate at the time of conception or reduction to practice to Company's ’s business, or actual or demonstrably anticipated research or development;; or b. Result from any work performed by you for Company. To the extent a provision in the foregoing Agreement purports to require you to assign an Invention otherwise excluded from the preceding paragraph, the provision is against the public policy of this state and is unenforceable. This limited exclusion does not apply to any patent or invention Invention covered by a contract between Company and the United States or any of its agencies requiring full title to such patent or Invention to be in the United States. In exchange for [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the severance benefits Securities and Exchange Commission pursuant to be provided Rule 24b-2 of the Securities Exchange Act of 1934, as amended. XXXXXXX X XXXXXXXXX XXXXXXXXX [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to me Rule 24b-2 of the Securities Exchange Act of 1934, as amended. INDEMNITY AGREEMENT THIS INDEMNITY AGREEMENT (this “Agreement”) dated as of this 4th day of February, 2010, is made by Pacific Ethanoland between ONYX PHARMACEUTICALS, Inc. INC., a Delaware corporation (the "“Company") pursuant to the terms of my Employment Agreement (the "Agreement"”), I hereby provide the following General Release of Claims and XXX X. LOVE, M.D. (the "Release"“Indemnitee”). I understand that, on the last date of my employment with the Company, the Company will pay me any accrued salary to which I am entitled by law, regardless of whether I sign this Release, but I am not entitled to any severance benefits unless I sign and return this Release to the Company and I allow it to become effective. I hereby generally and completely release the Company and its directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, and assigns (collectively the "Released Parties") of and from any and all claims, liabilities and obligations, both known and unknown, arising out of or in any way related to events, acts, conduct, or omissions occurring at any time prior to or at the time that I sign this Release. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to my employment with the Company or the termination of that employment;.

Limited Exclusion Notification. NOTICE TO NORTH CAROLINA, DELAWARE, ILLINOIS, AND KANSAS RESIDENTS: THIS IS TO NOTIFY you in accordance with North Carolina General Statute Sections 66.57.1 and 66.57.2; Delaware Code Title 19 Section 2872 of the California Labor Code 805; Illinois 765ILCS1060/1-3, “Employees Patent Act”; and Kansas Statutes Section 44-130, that the foregoing Agreement between you and the Company does not require you to assign or offer to assign to the Company any Invention invention that you develop developed entirely on your own time without using the Company's ’s equipment, supplies, facilities or trade secret information, information except for those Inventions inventions that either: a. Relate at the time of conception or reduction to practice of the invention to the Company's ’s business, or actual or demonstrably anticipated research or development;development of the Company; or b. Result from any work performed by you for the Company. To the extent a provision in the foregoing Agreement purports to require you to assign an Invention invention otherwise excluded from the preceding paragraph, the provision is against the public policy of this state and is unenforceable. You shall have the burden of establishing that any invention is excluded from assignment to the Company by the preceding paragraph. This limited exclusion does not apply to any patent or invention covered by a contract between the Company and the United States or any of its agencies requiring full title to such patent or Invention invention to be in the United States. In exchange for the severance benefits to be provided to me by Pacific Ethanol, Inc. (the "Company") NOTICE TO MINNESOTA RESIDENTS: Notification is hereby given pursuant to Minnesota Statutes 13A Section 181.87 that no provision in this Agreement requires you to assign any of your rights to an invention for which no equipment, supplies, facility, or trade secret information of the terms Company was used and which was developed entirely on your own time, and (a) which does not relate (i) directly to the business of my Employment Agreement (the "Agreement"), I hereby provide the following General Release of Claims (the "Release"). I understand that, on the last date of my employment with the Company, the Company will pay me any accrued salary to which I am entitled by law, regardless of whether I sign this Release, but I am not entitled to any severance benefits unless I sign and return this Release or (ii) to the Company and I allow it to become effective. I hereby generally and completely release the Company and its directorsCompany’s actual or demonstrably anticipated research or development, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, and assigns or (collectively the "Released Parties"b) of and which does not result from any and all claimswork performed by you for the Company. NOTICE TO WASHINGTON RESIDENTS: Notification is hereby given pursuant to Washington Revised Code, liabilities and obligationsTitle 49 RCW: Labor Regulations Chapter 49.44.140, both known and unknownthat no provision in this Agreement applies to an Invention for which no equipment, arising out of or in any way related to eventssupplies, acts, conductfacility, or omissions occurring at any time prior trade secret information of Company was used and which was developed entirely on your own time, unless (a) the invention relates (i) directly to or at the time that I sign this Release. This general release includes, but is not limited to: (1) all claims arising out business of or in any way related to my employment with the Company or (ii) to Company’s actual or demonstratively anticipated research or development, or (b) the termination of that employment;invention results from any work performed by you for Company.

Limited Exclusion Notification. NOTICE TO NORTH CAROLINA, DELAWARE, ILLINOIS, AND KANSAS RESIDENTS: THIS IS TO NOTIFY you in accordance with North Carolina General Statute Sections 66.57.1 and 66.57.2; Delaware Code Title 19 Section 2872 of the California Labor Code 805; Illinois 765ILCS1060/1-3, “Employees Patent Act”; and Kansas Statutes Section 44-130, that the foregoing Agreement between you and the Company does not require you to assign or offer to assign to the Company any Invention invention that you develop developed entirely on your own time without using the Company's ’s equipment, supplies, facilities or trade secret information, information except for those Inventions inventions that either: a. Relate at the time of conception or reduction to practice of the invention to the Company's ’s business, or actual or demonstrably anticipated research or development;development of the Company; or b. Result from any work performed by you for the Company. To the extent a provision in the foregoing Agreement purports to require you to assign an Invention invention otherwise excluded from the preceding paragraph, the provision is against the public policy of this state and is unenforceable. You shall have the burden of establishing that any invention is excluded from assignment to the Company by the preceding paragraph. This limited exclusion does not apply to any patent or invention covered by a contract between the Company and the United States or any of its agencies requiring full title to such patent or Invention invention to be in the United States. In exchange for the severance benefits to be provided to me by Pacific Ethanol, Inc. (the "Company") NOTICE TO MINNESOTA RESIDENTS: Notification is hereby given pursuant to Minnesota Statutes 13A Section 181.87 that no provision in this Agreement requires you to assign any of your rights to an invention for which no equipment, supplies, facility, or trade secret information of the terms Company was used and which was developed entirely on your own time, and (a) which does not relate (i) directly to the business of my Employment Agreement (the "Agreement"), I hereby provide the following General Release of Claims (the "Release"). I understand that, on the last date of my employment with the Company, the Company will pay me any accrued salary to which I am entitled by law, regardless of whether I sign this Release, but I am not entitled to any severance benefits unless I sign and return this Release or (ii) to the Company and I allow it to become effective. I hereby generally and completely release the Company and its directorsCompany’s actual or demonstrably anticipated research or development, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, and assigns or (collectively the "Released Parties"b) of and which does not result from any and all claimswork performed by you for the Company. NOTICE TO WASHINGTON RESIDENTS: Notification is hereby given pursuant to Washington Revised Code, liabilities and obligationsTitle 49 RCW: Labor Regulations Chapter 49.44.140, both known and unknownthat no provision in this Agreement applies to an Invention for which no equipment, arising out of or in any way related to eventssupplies, acts, conductfacility, or omissions occurring at trade secret information of Company was used and which was developed entirely on your own time, unless (a) the invention relates (i) directly to the business of Company, or (ii) to Company’s actual or demonstratively anticipated research or development, or (b) the invention results from any time prior to or at the time that I sign this Release. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to my employment with the Company or the termination of that employment;work performed by you for Company.