CONSULTING AGREEMENT

1.

Consulting Arrangement . Consultant agrees to perform consulting services as described herein upon the terms and conditions herein set forth.

2.

Term of Agreement . This Agreement shall commence as of the Effective Date and shall continue through March 31, 2010 (the “ Term ”), subject to the provision for early termination set forth below in Section 7 of this Agreement. Either Party may terminate this Agreement without cause on three (3) months advanced notice written notice.

3.

Duties of Consultant .

3.1 

Specific Duties . Consultant shall provide general scientific and strategy consulting and advising regarding the Company’s various programs on an as needed basis, with such specific requirements as BioMarin may specify from time to time during the Term (hereinafter referred to as “ Services ”). The Parties agree that: (1) the total commitment is expected to be no more than ten (10) hours per week, on average; (2) any travel shall be mutually agreed between Consultant and the Company; and (3) Consultant will not be required to provide consulting related to any in-licensing or other business development opportunities.

3.2 

Consultant Obligations . Consultant shall be diligent in the performance of the Services, and be professional in its commitment to meeting its obligations hereunder. Consultant represents and warrants that it is not a party to any other existing agreement which would prevent Consultant from entering into this Agreement or which would adversely affect this Agreement. Consultant will not perform services for any party which would require or facilitate the unauthorized disclosure of any confidential or proprietary information of BioMarin.

3.3 

Reporting . Consultant will report to and liaise with Dr. Henry Fuchs and/or any other assigned BioMarin employee as may be designated in writing by BioMarin.

4.

Compensation . BioMarin shall pay Consultant a fee of Forty Thousand Dollars ($40,000) payable in advance within ten (10) days after the start of any quarter. Such amount shall be prorated for any partial quarter. Additionally, on the Effective Date, Company shall grant Consultant options for the purchase of fifty thousand (50,000) shares of the Company’s Common Stock pursuant to the Company’s 2006 Equity Compensation Plan. Such options shall vest in full on the termination of this Agreement, unless the agreement is terminated by Consultant for convenience or by the Company due to Consultant’s breach of this agreement. Consultant shall submit a summary of the Services provided each month within thirty (30) days after the end of such month, which will detail time spent by Consultant in performing services in minimum increments of one hour and be addressed and sent to Accounts Payable, BioMarin Pharmaceutical Inc., 105 Digital Drive, Novato, CA 94949.

5.

Working Facilities and Other Overhead Items . Consultant shall provide the facilities and equipment necessary to perform the Services required under this Agreement.

6.

Reimbursement of Other Expenses . So long as BioMarin’s prior written approval has been obtained, BioMarin shall promptly reimburse Consultant for all other expenses incurred in providing the Services for BioMarin pursuant to this Agreement. The summary of Services submitted by Consultant pursuant to Section 4 above shall include a detail of all reimbursable expenses incurred during the period covered by such summary.

7.

Termination of Agreement - Failure to perform . In the event that Consultant ceases to perform the Services or breaches its obligations as required hereunder for any reason, BioMarin shall have the right to immediately terminate this Agreement upon notice to Consultant and to enforce such other rights and remedies as it may have as a result of said breach.

8.

Certain Liabilities . It is understood and agreed that Consultant shall be acting as an independent contractor and not as an agent or employee of, or partner, joint venturer or in any other relationship with, BioMarin. Consultant will be solely responsible for all self-employment taxes, FICA taxes and all obligations to governments or other organizations arising out of this consulting assignment and Consultant acknowledges that no income, social security or other taxes shall be withheld or accrued by BioMarin for Consultant’s benefit. Consultant assumes all risks and hazards encountered in the performance of his duties under this Agreement. Unless BioMarin has provided prior written approval, Consultant shall not use any contractors to perform Consultant’s obligations hereunder. Consultant shall be solely responsible for any and all injuries, including death, to all persons and any and all loss or damage to property, which may result from its performance under this Agreement.

9.

Indemnities . Consultant hereby agrees to defend, indemnify and hold BioMarin harmless from and against all, claims (whether asserted by a person, firm, entity or governmental unit or otherwise), liabilities, losses, damages, expenses, charges and fees which BioMarin