Common use of AMENDED AND RESTATED EMPLOYMENT AGREEMENT Clause in Contracts

AMENDED AND RESTATED EMPLOYMENT AGREEMENT. This Amendment No. 1 to the Amended and Restated Employment Agreement by and between HERITAGE COMMERCE CORP, a California bank holding company (the “Company”), HERITAGE BANK OF COMMERCE, a California banking corporation (the “Bank”), and XXXXXX X. XXXXXXXXX, an individual (the “Executive”) dated October 17, 2007 (the “Agreement”), is entered into on December 29, 2008 for the purposes stated hereinafter.

AMENDED AND RESTATED EMPLOYMENT AGREEMENT. This Amendment No. 1 to the Amended and Restated Employment Agreement by and between HERITAGE COMMERCE CORP, a California bank holding company (the “Company”), HERITAGE BANK OF COMMERCE, a California banking corporation (the “Bank”), and XXXXXX X. XXXXXXXXXXXXXXXXX XXXXXXXX, an individual (the “Executive”) dated October 17, 2007 (the “Agreement”), is entered into on December 29, 2008 for the purposes stated hereinafter.

AMENDED AND RESTATED EMPLOYMENT AGREEMENT. This Amendment No. 1 to the Amended and Restated Employment Agreement by and between HERITAGE COMMERCE CORP, a California bank holding company (the “Company”), HERITAGE BANK OF COMMERCE, a California banking corporation (the “Bank”), and XXXXXX X. XXXXXXXXXXXXXXXX XXXXXX, an individual (the “Executive”) dated October 17, 2007 (the “Agreement”), is entered into on December 29, 2008 for the purposes stated hereinafter.

AMENDED AND RESTATED EMPLOYMENT AGREEMENT. This Amendment No. 1 to the Amended and Restated Employment Agreement by and between HERITAGE COMMERCE CORP, a California bank holding company (the “Company”), HERITAGE BANK OF COMMERCE, a California banking corporation (the “Bank”), and XXXXXX XXXXXXX X. XXXXXXXXXXXX, an individual (the “Executive”) dated October 17August 12, 2007 2008 (the “Agreement”), is entered into on December 29, 2008 for the purposes stated hereinafter.