EXHIBIT 10.18
SECRETED PROTEIN
DEVELOPMENT AND COLLABORATION AGREEMENT
THIS SECRETED PROTEIN DEVELOPMENT AND COLLABORATION AGREEMENT (this
"Agreement") is entered into and made on October 9, 2001 (the "Effective Date") by and between DELTAGEN,
INC. ("DELTAGEN"), a corporation organized and existing under the laws of the state of Delaware and having a
principal place of business at 1003 Hamilton Avenue, Menlo Park, California 94025 and HYSEQ, INC.
("HYSEQ") a corporation incorporated and existing under the laws of the state of Nevada having a principal
place of business at 670 Almanor Avenue, Sunnyvale, California 94085-3513. DELTAGEN and HYSEQ are
both referred to herein as "Parties" or each individually, as a "Party."
RECITALS
WHEREAS, HYSEQ is in the business of applying its proprietary genomics platform and utilizing its proprietary
sequencing-by-hybridization technology to find and develop biopharmaceuticals products and has discovered and
identified genes encoding for secreted proteins that may have potential as therapeutic proteins; and
WHEREAS, DELTAGEN possesses certain knowledge and experience in the design, generation, and
phenotypic analysis of transgenic animals, including knock-out mice and has technologies useful in determining the
in vivo function of mammalian genes; and
WHEREAS, HYSEQ and DELTAGEN each desire, on the terms and conditions contained herein, to
collaborate on the discovery, research, development and commercialization of biopharmaceutical products
through the analysis and study of human gene sequences provided by HYSEQ; and
WHEREAS, in connection with this collaboration, HYSEQ will contribute, in accordance with the terms and
conditions of this Agreement, human gene sequences and a corresponding murine ortholog sequence sufficient for
the Steering Committee to designate [***] Project Genes to the collaboration and will grant licenses covering
such genes and related technology and derivatives thereof; and
WHEREAS, DELTAGEN will, in accordance with the t