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September 24, 2007
Attn: Doug Sheehy
200 Penobscot Drive
Redwood City, CA 94063
This letter confirms that, as of the date hereof, SubField 8 of Exhibit G to the Agreement is hereby deleted in its entirety and replaced with the following:
"SubField 8: Manufacture of fuels, fuel additives and lubricants (and intermediates of the foregoing) as specified below:
For purposes of clarification, as used in this SubField 8 (and with regard to any Supplemental Products that may result due to activation of any Category of SubField 8), "fuel additives" are substances which are intended to be added to fuel to modify the characteristics of such fuel, including, for example, biodegradability, combustibility, viscosity and/or emissions profile, and "lubricants" are [*].
"Biomass" shall mean organic, non-fossil, Plant-derived matter available on a renewable basis, including, for example, crops and/or trees grown or harvested for use for fuel and/or fuel additive production, agricultural food and feed crops, aquatic plants and, in each case, organic wastes derived from the foregoing, including municipal wastes (e.g., newspapers).
Notwithstanding the above, for purposes of this SubField 8, no right or license is granted to Codexis to use any Enabling Technology to alter or modify any gene(s) of any Plant to (a) [*], or (b) [*]; provided, however, Codexis may produce in Category II Plants chemicals that are Supplemental Products resulting from the activation of any Category of this SubField 8."
The parties acknowledge and agree that all of Subfield 8, as amended by this letter, is subject to that certain letter dated September 11, 2007, and that all fuels, fuel additives and/or lubricants within amended Subfield 8 shall be Supplemental Products.
Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Agreement.
Please indicate Codexis' agreement to the foregoing by countersigning below.
/s/ Michael S. Rabson
Michael S. Rabson
UNDERSTOOD AND AGREED
BY CODEXIS, INC.
[*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.