Common use of Fair Summaries Clause in Contracts

Fair Summaries. The statements set forth (i) in the Prospectus under the captions “Description of Common Stock” and “Underwriting,” (ii) in the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2008, as filed with the Commission on March 4, 2009, which is incorporated by reference in the Prospectus, under the captions “Business – Collaboration and License Agreements” through and including “Business – University of Cagliari,” and “Business – Patents and Licenses,” (iii) in the Company’s proxy statement, as filed with the Commission on April 28, 2009, portions of which are incorporated by reference in the Prospectus, under the captions “Compensation Discussion and Analysis” and “Certain Relationships, Related Transactions and Director Independence,” and (iv) in the 10-Q under the captions “Risk Factors – Factors Related to Our Relationship with Novartis,” “Risk Factors – Factors Related to Patents and Licenses” and “Risk Factors – Factors Related to Our Dependence on Third Parties – Our license agreement with GSK is important to our business. The royalties and other payments we receive under our licensing arrangement with GSK could be delayed, reduced or terminated if GSK terminates or fails to perform its obligations under its agreement with us or if GSK is unsuccessful in its sales efforts,” insofar as they purport to describe the documents referred to therein, are accurate, complete and fair in all material respects.

Fair Summaries. The statements set forth (i) in the Pricing Disclosure Package and the Prospectus under the captions “Description of Common Stock” and “Underwriting,” (ii) in the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2008, as filed with the Commission on March 4, 2009K, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the captions “Business – Collaboration and License Agreements— Collaborations” through and including “Business – — Cooperative Laboratory Agreements — University of Cagliari,” and ”, “Business – — Patents and Licenses,” (iii) in the Company’s proxy statement, as filed with the Commission on April 28, 2009, portions of which are incorporated by reference in the Prospectus, under the captions “Compensation Discussion and Analysis” and “Certain Relationships, Related Transactions and Director Independence,” and (iv) in the 10-Q under the captions “Risk Factors – — Factors Related to Our Relationship with Novartis,” ”, “Risk Factors – — Factors Related to Patents and Licenses” and “Risk Factors – — Factors Related to Our Dependence on Third Parties – Other Than Novartis — Our license agreement with GSK is important to our business. The milestone payments and royalties and other payments we could receive under our licensing arrangement license agreement with GSK could be delayed, reduced or terminated if GSK terminates or fails to perform its obligations under its agreement with us or if GSK is unsuccessful in its sales efforts,”, and (iii) in the Company’s Proxy Statement, as filed with the Commission on April 30, 2010, portions of which are incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the captions “Compensation Discussion and Analysis”, “Certain Relationships and Related Person Transactions” and “Corporate Governance — Director Independence”, insofar as they purport to describe the documents referred to therein, are accurate, complete and fair in all material respects.

Fair Summaries. The statements set forth (i) in the Prospectus under the captions “Description of Common Stock” and “Underwriting,” (ii) in the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 20082009, as filed with the Commission on March 49, 20092010, which is incorporated by reference in the Prospectus, under the captions “Business – Collaboration and License Agreements— Collaborations” through and including “Business – — Cooperative Laboratory Agreements — University of Cagliari,” and ”, “Business – — Patents and Licenses,” (iii) in the Company’s proxy statement, as filed with the Commission on April 28, 2009, portions of which are incorporated by reference in the Prospectus, under the captions “Compensation Discussion and Analysis” and “Certain Relationships, Related Transactions and Director Independence,” and (iv) in the 10-Q under the captions “Risk Factors – — Factors Related to Our Relationship with Novartis,” ”, “Risk Factors – — Factors Related to Patents and Licenses” and “Risk Factors – — Factors Related to Our Dependence on Third Parties – — Our license agreement with GSK is important to our business. The royalties and other payments we receive under our licensing arrangement with GSK could be delayed, reduced or terminated if GSK terminates or fails to perform its obligations under its agreement with us or if GSK is unsuccessful in its sales efforts,”, and (iii) in the Company’s Proxy Statement, as filed with the Commission on April 28, 2009, portions of which are incorporated by reference in the Prospectus, under the captions “Compensation Discussion and Analysis” and “Certain Relationships, Related Transactions and Director Independence”, insofar as they purport to describe the documents referred to therein, are accurate, complete and fair in all material respects.