ADVANCIS PHARMACEUTICAL CORPORATION
EXECUTIVE EMPLOYMENT AGREEMENT
THIS EXECUTIVE EMPLOYMENT AGREEMENT (this “Agreement”) is made this 1st day of
July 2004 by and between David J. Kudla, Jr., a resident of Frederick, Maryland (the “Employee”), and
Advancis Pharmaceutical Corporation, a corporation organized and existing under the laws of the State of
Delaware (the “Company”).
The Company is engaged in the business of developing, improving and promoting antibiotic therapies and
the delivery and dosage of antibacterials, as well as extending the market and patent life of important anti-
infectives and oncology (as may be modified or expanded by the Company during the term of this Agreement,
collectively and individually, the “Business”).
The Company desires to employ the Employee and the Employee desires to be employed by the
Company, upon the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, and
intending to be legally bound, the parties, subject to the terms and conditions set forth herein, agree as follows:
1. Employment and Term . The Company hereby employs the Employee and the Employee hereby
accepts employment with the Company, as Vice President, Quality Assurance, (the “Position”) commencing on
July 1, 2004 (the “Commencement Date”). Employee is employed by the Company on an at will basis. The
Employee shall be entitled to terminate this Agreement at any time upon ninety (90) days prior written notice to
the Company. The Company shall be entitled to terminate this Agreement at any time subject to the provisions of
Section 8 hereof. (The entire period of time during which the Employee is employed by the Company is referred
to herein as the “Term”).
2. Duties . During the Term, the Employee shall serve the Company faithfully and to the best of his ability
and shall devote his full time, attention, ski