0001104659-05-023705 Sample Contracts

Re: Exclusive License and Research Collaboration Agreement dated as of December 23, 2003 (the “Collaboration Agreement”) between Merck & Co., Inc. (“Merck”) and Metabasis Therapeutics, Inc. (“Metabasis”)
Metabasis Therapeutics Inc • May 16th, 2005 • Pharmaceutical preparations

This Letter (this “Letter”) will confirm the understanding of Merck and Metabasis regarding certain matters relating to the Collaboration Agreement and is intended to be legally binding on both parties. Capitalized terms used but not otherwise defined in this Letter shall have the meanings provided in the Collaboration Agreement. The Parties hereby confirm, acknowledge and agree that (a) pursuant to Section 2.7.1 of the Collaboration Agreement, the Research Program Term has been extended by Merck, with Metabasis’ concurrence, for an additional one (1) year period beyond the Initial Research Program Term; and (b) without limiting any other provision of the Collaboration Agreement, such Extended Research Program Term shall remain subject to Section 2.7.2.

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