Common use of Annual Bonus for 2009 Clause in Contracts

Annual Bonus for 2009. Executive shall not earn or accrue any right to an annual bonus, or any portion thereof, with respect to the period beginning January 1, 2009 and ending June 30, 2009. Executive may be eligible for a bonus based on the performance of the Company in the period beginning July 1, 2009 and ending December 31, 2009. Executive’s target bonus and any performance targets and thresholds applicable to such bonus period shall be as determined by the Compensation Committee of the Board of Directors of the Company. Executive’s target annual bonus for 2009 for the purpose of determining any amount to be paid Executive relating to the termination of his employment under the Employment Agreement or the Change of Control Severance Plan shall be deemed to be 100% of Executive’s Contract Salary.

Annual Bonus for 2009. Executive shall not earn or accrue any right to an annual bonus, or any portion thereof, with respect to the period beginning January 1, 2009 and ending June 30, 2009. Executive may be eligible for a bonus based on the performance of the Company in the period beginning July 1, 2009 and ending December 31, 2009. Executive’s target bonus and any performance targets and thresholds applicable to such bonus period shall be as determined by the Compensation Committee of the Board of Directors of the Company. Executive’s target annual bonus for 2009 for the purpose of determining any amount to be paid Executive relating to the termination of his employment under the Employment Agreement or the Change of Control Severance Plan shall be deemed to be 10065% of Executive’s Contract Salary.