0001104659-01-500450 Sample Contracts

March 23, 2001 VIA FACSIMILE AND REGISTERED MAIL
Facsimile and Registered Mail • May 11th, 2001 • Cygnus Inc /De/ • Pharmaceutical preparations

This letter agreement is furnished to you in connection with the Structured Equity Line Flexible Financing Agreement dated June 30, 1999, as amended on September 29, 1999, March 27, 2000, May 9, 2000 and October 27, 2000 (as amended, the “Agreement”), between Cripple Creek Securities, LLC (the “Investor”) and Cygnus, Inc. (the “Company”). Capitalized terms used herein and not otherwise defined shall have the meaning ascribed thereto in the Agreement.

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SUBLEASE
Sublease • May 11th, 2001 • Cygnus Inc /De/ • Pharmaceutical preparations

THIS SUBLEASE (this “Sublease”) is dated for reference purposes as of March 30, 2001, and is made by and between CYGNUS, INC.,a Delaware corporation (“Sublandlord”), and MAXYGEN, INC., a Delaware corporation (“Subtenant”). Sublandlord and Subtenant hereby agree as follows:

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