0001193125-08-111665 Sample Contracts

FIRST AMENDMENT
First Amendment • May 12th, 2008 • Kosan Biosciences Inc • Services-commercial physical & biological research

THIS FIRST AMENDMENT (this “Amendment”) is made and entered into as of February 8, 2008, by and between NORTHERN CALIFORNIA INDUSTRIAL PORTFOLIO, INC., a Maryland corporation (“Landlord”), and KOSAN BIOSCIENCES INCORPORATED, a Delaware corporation (“Tenant”).

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Kosan Biosciences Incorporated Hayward, CA 94545
Indemnification Agreement • May 12th, 2008 • Kosan Biosciences Inc • Services-commercial physical & biological research • California

This letter sets forth the terms of the resignation and consulting agreement (the “Agreement”) between you and Kosan Biosciences Incorporated (the “Company”).

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