0000950134-07-005617 Sample Contracts

CROSS LICENSE AGREEMENT
Cross License Agreement • March 14th, 2007 • Maxygen Inc • Services-commercial physical & biological research • California

For purposes of this Section 3.1, Licensed Products that contain different Domain-Based Proteins shall be deemed to be different Licensed Products.

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To: Elliot Goldstein From: Russell Howard Re: Tax Equalization Agreement for 2007 Date: November 13, 2006
Tax Equalization Agreement • March 14th, 2007 • Maxygen Inc • Services-commercial physical & biological research

As an expatriate in Denmark you are subject to Danish income taxes. During the first three years of residency in Denmark, expatriates benefit from a tax holiday during which their income is taxed at a rate of 25%. Your residency in Denmark reached 3 years as of February 24, 2006. Maxygen entered an International Tax Assistance Agreement with you in 2005 to cover the period through February 2007. As we have discussed, Maxygen proposes to enter a Tax Equalization Agreement with you to cover the balance of calendar year 2007. This agreement does not provide for any tax equalization payments subsequent to December 31, 2007. Any such payments would be subject to approval of the Maxygen Board of Directors’ Compensation Committee and a separate tax equalization agreement covering the relevant period.

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