0001193125-04-084772 Sample Contracts

AMENDMENT NO. 2 TO THE LICENSE AND OPTION AGREEMENT
License and Option Agreement • May 11th, 2004 • Oscient Pharmaceuticals Corp • In vitro & in vivo diagnostic substances • California

THIS AMENDMENT NO. 2 TO THE LICENSE AND OPTION AGREEMENT (“Amendment”) is made and entered into as of December 6, 2002, by and among GeneSoft Pharmaceuticals, Inc., a Delaware corporation (the “GS”), and LG Life Sciences, Ltd., a corporation organized under the laws of the Republic of Korea (“LGLS”). Capitalized terms not otherwise defined in this Amendment shall have the meaning given them in that certain License and Option Agreement by and among GS and LGLS dated as of October 22, 2002 (the “Agreement”).

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LICENSE AND OPTION AGREEMENT
License Agreement • May 11th, 2004 • Oscient Pharmaceuticals Corp • In vitro & in vivo diagnostic substances • California

THIS LICENSE AND OPTION AGREEMENT (the “Agreement”) is made this 22nd day of October, 2002 (the “Effective Date”) by and between GENESOFT PHARMACEUTICALS, INC., a Delaware corporation having its principal place of business at 7300 Shoreline Court, South San Francisco, CA, USA 94080 (“GS”) and LG LIFE SCIENCES, LTD., a corporation organized under the laws of the Republic of Korea having its principal place of business at LG Twin Tower, 20 yoido-dong, Youngdungpo-gu, Seoul, 150-721, Republic of Korea (“LGLS”). LGLS and GS are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.

Amendment to Employment Agreement
Employment Agreement • May 11th, 2004 • Oscient Pharmaceuticals Corp • In vitro & in vivo diagnostic substances • Massachusetts

This AMENDMENT (this “Amendment”) TO THE EMPLOYMENT AGREEMENT referred to below is dated February 5 , 2004 and entered into between Genome Therapeutics Corp., a Massachusetts corporation with its principal place of business and chief executive office at 100 Beaver St., Waltham, Massachusetts 02154 (the “Company”) and Steven M. Rauscher with an address at 47 Cary Avenue, Lexington, Massachusetts 02451 (the “Executive”).

AMENDMENT NO. 1 TO LICENSE AND OPTION AGREEMENT
License and Option Agreement • May 11th, 2004 • Oscient Pharmaceuticals Corp • In vitro & in vivo diagnostic substances

THIS AMENDMENT NO. 1 TO LICENSE AND OPTION AGREEMENT (the “Amendment”) is made and entered into this 21st day of November, 2002 (the “Effective Date”) by and between GENESOFT PHARMACEUTICALS, INC., a Delaware corporation having its principal place of business at 7300 Shoreline Court, South San Francisco, CA, USA 94080 (“GS”) and LG LIFE SCIENCES, LTD., a corporation organized under the laws of the Republic of Korea having its principal place of business at LG Twin Tower, 20 yoido-dong, Youngdungpo-gu, Seoul, 150-721, Republic of Korea (“LGLS”). LGLS and GS may be referred to herein individually as a “Party” and collectively as the “Parties.”

AMENDMENT NO. 3 TO LICENSE & OPTION AGREEMENT
License & Option Agreement • May 11th, 2004 • Oscient Pharmaceuticals Corp • In vitro & in vivo diagnostic substances • California

THIS AMENDMENT NO. 3 TO LICENSE & OPTION AGREEMENT (“the Amendment”) is made and entered into this 16th day of October, 2003 (the “Amendment Effective Date”) by and between GENESOFT PHARMACEUTICALS, INC., a Delaware corporation having its principal place of business at 7300 Shoreline Court, South San Francisco, CA, USA 94080 (“GS”) and LG LIFE SCIENCES, LTD., a corporation organized under the laws of the Republic of Korea, having its principal place of business at LG Twin Tower, 20 yoido-dong, Youngdungpo-gu, Seoul, 150-721, Republic of Korea (“LGLS”). LGLS and GS may be referred to herein individually as a “Party” and collectively as the “Parties.”

Genome Therapeutics Corporation]
Separation Agreement • May 11th, 2004 • Oscient Pharmaceuticals Corp • In vitro & in vivo diagnostic substances

You have advised us that you wish to leave Genome Therapeutics Corp. (the “Company”) no later than June 30, 2004, and we have agreed that it is in our mutual interests for there to be a transition period prior to a separation of your employment with the Company. The purpose of this letter is to confirm the agreement between you and the Company concerning the remainder of your employment and your separation arrangements, as follows:

Amendment to Employment Agreement
Employment Agreement • May 11th, 2004 • Oscient Pharmaceuticals Corp • In vitro & in vivo diagnostic substances • Massachusetts

This AMENDMENT (this “Amendment”) TO THE EMPLOYMENT AGREEMENT referred to below is dated February 5, 2004 and entered into between Genome Therapeutics Corp., a Massachusetts corporation with its principal place of business and chief executive office at 100 Beaver St., Waltham, Massachusetts 02154 (the “Company”) and Stephen Cohen with an address at 101 Melrose Street, Arlington, Massachusetts 02474 (the “Executive”).

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