0001193125-06-167901 Sample Contracts

Re: Second Amendment to Employment Agreement Dear Steve:
Employment Agreement • August 9th, 2006 • Oscient Pharmaceuticals Corp • Pharmaceutical preparations

This Agreement amends the Employment Agreement between you and Oscient Pharmaceuticals Corporation (the “Company”) dated as of June 15, 2001, as subsequently amended by the Amendment to Employment Agreement dated as of February 5, 2004 (as so amended, the “Employment Agreement”). Capitalized terms in this Agreement shall have the meaning ascribed to them in the Employment Agreement unless otherwise expressly provided in this Agreement.

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AGREEMENT
Agreement • August 9th, 2006 • Oscient Pharmaceuticals Corp • Pharmaceutical preparations • Massachusetts

THIS AGREEMENT made and entered into by and between Oscient Pharmaceuticals Corporation (“OSCIENT”), a Massachusetts corporation, having a principal place of business at 1000 Winter Street, Suite 2200, Waltham, MA 02451, and Philippe Maitre of Wilmington, North Carolina (the “Executive”) (each a “Party” and collectively the “Parties”), effective as of May 05 of 2006

Amended and Restated as of May 22, 2006 Mr. Stephen Cohen Suite 2200 Waltham, MA 02451
Oscient Pharmaceuticals Corp • August 9th, 2006 • Pharmaceutical preparations

This letter agreement constitutes the second amendment and restatement of the original letter agreement of employment between you and Oscient Pharmaceuticals Corporation (the “Company”), then known as Genome Therapeutics Corporation, (which letter agreement of June 15, 2001, first amended and restated as of February 27, 2003, is hereafter referred to as the “Original Agreement”). This second amended and restated agreement (this “Agreement”) is as follows:

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