Common use of Cash Bonus/Incentive Compensation Clause in Contracts

Cash Bonus/Incentive Compensation. During the Employment Period, the Employee shall be eligible to earn performance bonuses as set forth below (“Cash Bonus”). The Employee’s entitlement to these Cash Bonuses shall be based upon individual performance objectives tailored specifically to the Employee’s position, which shall be set by the Company’s Compensation Committee and approved by the Company’s Board of Directors. A Cash Bonus shall be a percentage of the Employee’s Annual Base Salary, calculated by dividing the Employee’s Annual Base Salary by four, and multiplying that number by 35% (the “Target Quarterly Bonus Amount”). The Cash Bonus shall be payable quarterly, promptly after the Company’s results for that quarter are announced, but in any event during the quarter immediately following the quarter in which the Cash Bonus is earned, and, with respect to a Cash Bonus earned in the fourth quarter of a calendar year, on or before March 15 of the following calendar year. In the event that the Employee’s employment hereunder terminates involuntarily for any reason other than cause, as defined in section 4.1, below, a Cash Bonus shall, if earned and accrued, be apportioned on a per diem basis and paid to the Employee upon his termination. The Cash Bonus shall be paid on the following schedule: 1Q 2009 0% of the Employee’s Target Quarterly Bonus Amount, regardless if or as earned 2Q 2009 100% of the Employee’s Target Quarterly Bonus Amount, guaranteed, regardless if or as earned 3Q 2009 50% of the Employee’s Target Quarterly Bonus Amount, guaranteed, regardless if or as earned; the remainder only if and as earned, no guaranty 4Q 2009 100% of the Employee’s Target Quarterly Bonus Amount, only if and as earned, no guaranty

Cash Bonus/Incentive Compensation. During the Employment Period, the Employee shall be eligible to earn performance bonuses as set forth below (“Cash Bonus”). The Employee’s entitlement to these Cash Bonuses shall be based upon individual performance objectives tailored specifically to the Employee’s position, which shall be set by the Company’s Compensation Committee and approved by the Company’s Board of Directors. A Cash Bonus shall be a percentage of the Employee’s Annual Base Salary, calculated by dividing the Employee’s Annual Base Salary by four, and multiplying that number by 3545% (the “Target Quarterly Bonus Amount”). The Cash Bonus shall be payable quarterly, promptly after the Company’s results for that quarter are announced, but in any event during the quarter immediately following the quarter in which the Cash Bonus is earned, and, with respect to a Cash Bonus earned in the fourth quarter of a calendar year, on or before March 15 of the following calendar year. In the event that the Employee’s employment hereunder terminates involuntarily for any reason other than cause, as defined in section 4.1, below, a Cash Bonus shall, if earned and accrued, be apportioned on a per diem basis and paid to the Employee upon his termination. The Cash Bonus shall be paid on the following schedule: 1Q 2009 0% of the Employee’s Target Quarterly Bonus Amount, regardless if or as earned 2Q 2009 100% of the Employee’s Target Quarterly Bonus Amount, guaranteed, regardless if or as earned 3Q 2009 50% of the Employee’s Target Quarterly Bonus Amount, guaranteed, regardless if or as earned; the remainder only if and as earned, no guaranty 4Q 2009 100% of the Employee’s Target Quarterly Bonus Amount, only if and as earned, no guaranty