THIS EMPLOYMENT AGREEMENT made as of April 9, 2007 (“ Effective Date ”) by and between BioMarin Pharmaceutical
Inc., a Delaware corporation (the “ Company ”) and G. Eric Davis (“ Employee ”).
WHEREAS, Company and Employee wish to amend and restate the current terms of Employee’s terms of employment by
NOW THEREFORE, for good and valuable consideration (the receipt and adequacy of which are hereby acknowledged
and agreed) the parties hereby covenant and agree as follows:
1. Title; Duties . The Company hereby employs the Employee as Vice President, General Counsel to perform such duties
consistent with his title and position as may be determined and assigned to him by the Company’s Chief Executive Officer (“
CEO ”). The Employee shall be based in Novato, California, provided that Employee acknowledges that his job duties may
require significant travel.
2. Time and Effort . The Employee agrees to devote substantially all of his professional employment time and effort to the
performance of his duties as Vice President, General Counsel for the Company and to perform such other duties consistent with
his title and position as are reasonably assigned him from time to time by the CEO.
3. Term . The Company agrees to employ the Employee in accordance with the terms of this Agreement, which terms shall
be effective commencing on the Effective Date and continuing thereafter until terminated pursuant to Section 6 or 7 hereof (the
“ Term ” of this Agreement). A review of the Employee’s total compensation will be made by the Board of Directors of the
Company (“ Board ”) at least annually in or about December of each year based on the overall performance of the Company and
the Company’s assessment of the Employee’s contributions to the Company’s performance, although the Board shall not be
under any obligation to make adjustments other than pursuant to its discretion.
4. Compensation; Benefits .
(a) Base Salary . For all the services to be rendered by