0001104659-08-079042 Sample Contracts

December 29, 2008 Mr. Kenneth M. Bate 33 Middle Street Concord, MA 01742 Dear Mr. Bate:
Retention Agreement • December 31st, 2008 • Nitromed Inc • Pharmaceutical preparations

Reference is made to your retention agreement with NitroMed, Inc. (the “Company”) dated as of January 23, 2007 (the “Agreement”). In all respects, the Agreement shall remain in full force and effect, provided, however, that:

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