0001047469-08-002102 Sample Contracts

FIFTH AMENDMENT TO LEASE
Lease • February 29th, 2008 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts

THIS FIFTH AMENDMENT TO LEASE (this "Fifth Amendment") is made as of the 18th day of December, 2007 (the "Fifth Amendment Date"), by and between THE REALTY ASSOCIATES FUND VI, L.P., a Delaware limited partnership ("Landlord") and CUBIST PHARMACEUTICALS, INC., a Delaware corporation ("Tenant").

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FOURTH AMENDMENT TO LEASE
Lease Agreement • February 29th, 2008 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts

THIS FOURTH AMENDMENT TO LEASE (this "Fourth Amendment") is made as of the 25th day of October, 2007 (the "Fourth Amendment Date"), by and between THE REALTY ASSOCIATES FUND VI, L.P., a Delaware limited partnership ("Landlord") and CUBIST PHARMACEUTICALS, INC., a Delaware corporation ("Tenant").

SECOND AMENDMENT TO LEASE
Lease • February 29th, 2008 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts

THIS SECOND AMENDMENT TO LEASE (this "Amendment") is made as of the 18th day of November, 2005 (the "Second Amendment Date"), by and between THE REALTY ASSOCIATES FUND VI, L.P., a Delaware limited partnership ("Landlord") and CUBIST PHARMACEUTICALS, INC., a Delaware corporation ("Tenant").

CONFIDENTIAL TREATMENT AGREEMENT AND PLAN OF MERGER
Merger Agreement • February 29th, 2008 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts

This Agreement and Plan of Merger (this "Agreement") is made and entered into as of December 24, 2007 (the "Agreement Date"), by and among (i) Cubist Pharmaceuticals, Inc., a Delaware corporation ("Parent"), (ii) Edison Merger Corp., a Delaware corporation and a wholly owned Subsidiary of Parent ("Merger Sub"), (iii) Illumigen Biosciences, Inc. a Washington corporation (the "Company"), and (iv) IB Securityholders, LLC as the Holders Representative referred to herein for the limited purposes specifically set forth herein and only in its capacity as such. Capitalized terms used herein without definition shall have the respective meanings set forth in Article 1 hereof.

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