0001193125-05-178298 Sample Contracts

ISTA PHARMACEUTICALS, INC. STOCK OPTION AGREEMENT UNDER THE Type of Option (check one): ¨ Incentive ¨ Nonqualified
Stock Option Agreement • August 31st, 2005 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • Delaware

This Stock Option Agreement (the “Agreement”) is entered into as of , 200 , by and between ISTA Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and (the “Optionee”) pursuant to the Company’s 2004 Performance Incentive Plan, as amended from time to time (the “Plan”). Any capitalized term not defined herein shall have the same meaning ascribed to it in the Plan.

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ISTA PHARMACEUTICALS, INC. RESTRICTED STOCK PURCHASE AGREEMENT UNDER THE
Restricted Stock Purchase Agreement • August 31st, 2005 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • Delaware

THIS RESTRICTED STOCK PURCHASE AGREEMENT (the “Agreement”) is entered into as of , 20 by and between (hereinafter referred to as “Purchaser”), and ISTA Pharmaceuticals, Inc., a Delaware corporation (hereinafter referred to as the “Company”), pursuant to the Company’s 2004 Performance Incentive Plan, as amended from time to time (the “Plan”). Any capitalized term not defined herein shall have the same meaning ascribed to it in the Plan.

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