exhibit 10. 58 vical incorporated delayed issuance stock purchase election agreement please complete this election agreement and return a signed copy to jill church, chief financial officer of vical incorporated ( the “ company ” ) by january 31, 2009. note : this election agreement must be completed and returned by january 31, 2009. if the first vesting date occurs no sooner than 12 months following the date of grant and if, by january 31, 2009, you elect to defer delivery of such shares beyond the vesting date, then the company will deliver the shares to you on the date or dates that you elect. in addition, any shares subject to the award that would otherwise vest within the 12 - month period following the date of such election shall instead vest 12 months following january 31, 2009. defined terms not explicitly defined in this election agreement but defined in the plan, your delayed issuance stock purchase agreement or your grant notice shall have the same definitions as in such documents. name : ss # : instructions in making this election, the following rules apply : • you may elect a settlement date that occurs after the date of vesting. the “ settlement date ” is the date as of which you will receive the vested shares associated with the delayed issuance stock purchase that you elected to defer below. unless you timely elect otherwise on this election agreement, the shares will be issued to you on the date or dates upon which they vest as indicated on your grant notice. • a distribution upon a termination of service shall only occur if such termination of service is a “ separation from service ” as such term is defined in code section 409a ( a ) ( 2 ) ( a ) ( i ) and applicable guidance thereunder. • this election agreement is irrevocable. • if no settlement date is elected, then the issuance of vested shares will occur upon the vesting date ( s ) indicated on your grant notice. • notwithstanding any provision in this election form or your grant notice, award agreement or the plan to the contrary, the issuance of the vested shares shall be made in a manner that complies with the requirements of code section 409a, which may include, without limitation, deferring the payment of such benefit for six ( 6 ) months after your termination of service, provided however, that nothing in this paragraph shall require the payment of benefits to you earlier than they would otherwise be payable under the award. instructions in making this election, the following rules