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 XXXXXXX 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 XXXXXXX XXXXXXXXXXXX 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 XXXXXXX XXXXXXX. XXX, an individual (the “Executive”) dated October 17August 12, 2007 2008 (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 XXXXXXX XXXXXXXXXXXXXX XXXXXXXX, an individual (the “Executive”) dated October 17, 2007 (the “Agreement”), is entered into on December 29, 2008 for the purposes stated hereinafter.