Common use of Date of Option Grant Clause in Contracts

Date of Option Grant. Name of Optionee: -------------------------------------- Optionee's Social Security Number: -------------------------------------- Number of Shares of Common Stock Covered by Option: -------------------------------------- Exercise Price per Share: $ -------------------------------------- Vesting Start Date: -------------------------------------- By signing this cover sheet, you agree to all of the terms and conditions described in the attached Agreement and in the Plan, a copy of which is also enclosed. Optionee: --------------------------------------------------------------- (Signature) Company: --------------------------------------------------------------- (Signature) -1- Title: ----------------------------------------------------------- Attachment ---------- THE SECURITIES REPRESENTED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED OR QUALIFIED UNDER THE SECURITIES ACT OF 1933 OR THE SECURITIES LAWS OF ANY STATE, AND MAY BE OFFERED AND SOLD ONLY IF REGISTERED AND QUALIFIED PURSUANT TO THE RELEVANT PROVISIONS OF FEDERAL AND STATE SECURITIES LAWS OR IF THE COMPANY IS PROVIDED AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT REGISTRATION AND QUALIFICATION UNDER FEDERAL AND STATE SECURITIES LAWS IS NOT REQUIRED. VIVID PUBLISHING, INC. 1997 STOCK OPTION PLAN INCENTIVE STOCK OPTION AGREEMENT (Four Year Vesting with 90-Day Cliff) Incentive Stock Option This option is intended to be an incentive stock option under section 422 of the Internal Revenue Code and will be interpreted accordingly. Vesting Your right to exercise this option vests monthly beginning on the Vesting Start Date, as shown on the cover sheet, provided, however, no portion of this option may be exercised prior to the expiration of ninety (90 days) from the Date of Grant, as shown on the cover sheet. The number of Shares which may be purchased under this option by you at the Purchase Price shall be equal to the difference between (i) the product (rounded to the nearest integer) of the number of full months of your continuous employment with the Company (including all days of any approved leaves of absence) from the Vesting Starting Date times the number of Shares covered by this option times .02083333, minus (ii) the number of Shares purchased pursuant to this Option prior to such exercise. The resulting number of Shares will be rounded to the nearest whole number. No additional Shares will vest after your Company service has terminated for any reason. Notwithstanding anything to the contrary in this Agreement, the vesting of this option is conditioned upon the Company obtaining a written waiver from the Leap Group ("Leap") of any anti-dilution provisions in Leap's favor set forth in the promissory note of the Company issued to Leap on February 8, 1997, which provisions might otherwise be triggered by this option. In the event that Leap refuses in writing to provide such waiver, or otherwise attempts to assert such anti- dilution rights, this option will automatically and immediately become rescinded, null and void. Term Your option will expire in any event at the close of business at Company headquarters on the day before the 10th anniversary of the Date of Grant, as shown on the cover sheet. (It will expire earlier if your Company service terminates, as described below.) Regular Termination If your service as an employee of the Company (or any subsidiary) terminates for any reason except death or Disability, then your option will expire at the close of business at Company headquarters on the 90th day after your termination date. Death If you die as an employee of the Company (or any subsidiary), then your option will expire at the close of business at Company headquarters on the date 6 months after the date of death. During that 6-month period, your estate or heirs may exercise the vested portion of your option. Disability If your service as an employee of the Company (or any subsidiary) terminates because of your Disability, then your option will expire at the close of business at Company headquarters on the date 6 months after your termination date.

Date of Option Grant. December 21, 2001 -------------------- Name of Optionee: -------------------------------------- Optionee's Social Security William McGlashan, Jr. ----------------------- Opxxxxxx'x Xxxxxx Xxxxxxty Number: -------------------------------------- Number of Shares of Common Stock Covered by Option: -------------------------------------- 1,700,000 ----------------- Exercise Price per Share: $ -------------------------------------- $2.56 ------- Vesting Start Date: -------------------------------------- By signing this cover sheetDecember 21, you agree to all of the terms and conditions described in the attached Agreement and in the Plan2001 ------------------ BY SIGNING THIS COVER SHEET, a copy of which is also enclosedYOU AGREE TO ALL OF THE TERMS AND CONDITIONS DESCRIBED IN THE ATTACHED AGREEMENT AND IN THE PLAN, A COPY OF WHICH IS ALSO ENCLOSED. Optionee: --------------------------------------------------------------- /s/ William McGlashan ----------------------------------------------- (Signature) Company: --------------------------------------------------------------- /s/ David Hayden ----------------------------------------------- (Signature) -1- Title: ----------------------------------------------------------- --------------------------------- Attachment ---------- THE SECURITIES REPRESENTED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED OR QUALIFIED UNDER THE SECURITIES ACT OF 1933 OR THE SECURITIES LAWS OF ANY STATE, AND MAY BE OFFERED AND SOLD ONLY IF REGISTERED AND QUALIFIED PURSUANT TO THE RELEVANT PROVISIONS OF FEDERAL AND STATE SECURITIES LAWS OR IF THE COMPANY IS PROVIDED AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT REGISTRATION AND QUALIFICATION UNDER FEDERAL AND STATE SECURITIES LAWS IS NOT REQUIRED. VIVID PUBLISHINGCRITICAL PATH, INC. 1997 AMENDED AND RESTATED 1998 STOCK OPTION PLAN INCENTIVE NONSTATUTORY STOCK OPTION AGREEMENT (Four Year Vesting with 90-Day Cliff) Incentive Stock Option NONSTATUTORY STOCK OPTION This option is not intended to be an incentive stock option under section 422 of the Internal Revenue Code and will be interpreted accordingly. Vesting Your right to exercise VESTING The Shares under this option vests will vest in accordance with the vesting schedule indicated below: NUMBER OF OPTIONS VESTING EVENT 1,700,000 Vesting in equal monthly beginning on the installments from Vesting Start Date, as shown Date listed on the cover sheetsheet to this Agreement, provided, however, no portion for a period of this option may be exercised prior three (3) years from such Vesting Start Date subject to the expiration of ninety (90 days) from the Date of Grant, as shown on the cover sheet. The number of Shares which may be purchased under this option by you at the Purchase Price shall be equal to the difference between (i) the product (rounded to the nearest integer) of the number of full months of your continuous continued employment with the Company (including during that period and all days of any approved leaves of absence) from other terms and conditions as described herein. Your option vesting will cease in the Vesting Starting Date times the number of Shares covered by this option times .02083333, minus (ii) the number of Shares purchased pursuant to this Option prior to such exercise. The resulting number of Shares will be rounded to the nearest whole number. No additional Shares will vest after event that your employment and service as a Company service has terminated director both terminate for any reason. Notwithstanding anything Your option vesting will also cease upon your voluntary resignation of employment or upon a termination for Cause (as such terms are defined in your employment agreement with the Company). A leave of absence, regardless of the reason, shall be deemed to constitute the contrary in this Agreement, the vesting cessation of this option is conditioned upon your employment unless the Company obtaining a written waiver from authorizes such leave, and you return within the Leap Group ("Leap") time specified in such authorization. The above performance-based acceleration triggers will cease to be applicable upon your prior cessation of employment for any anti-dilution provisions in Leap's favor set forth in the promissory note reason. The Compensation Committee of the Company issued Board of Directors must certify in writing that the performance goals have been satisfied before any Option vesting will be accelerated pursuant to Leap on February 8, 1997, which provisions might otherwise be triggered by this optionattainment of performance goals. In the event of a Change in Control of the Company, 100% of your then-unvested Options (meaning 100% of your unvested Options that Leap refuses are otherwise scheduled to vest under (ii), and (iii) above on each vesting date had a Change in writing to provide such waiver, or otherwise attempts to assert such anti- dilution rights, this option will automatically and immediately Control not occurred) shall become rescinded, null and void. Term Your option will expire in any event at vested provided that you are employed by the close of business at Company headquarters on the day before date the 10th anniversary negotiations or communications began (as determined by the Board in good faith) which lead to the Change in Control. For purposes of the Date of Grantthis Agreement, as shown on the cover sheet. (It will expire earlier if your Company service terminates, as described below.) Regular Termination If your service as an employee a "Change in Control" of the Company (or shall be defined as the occurrence of any subsidiary) terminates for any reason except death or Disability, then your option will expire at the close of business at Company headquarters on the 90th day after your termination date. Death If you die as an employee one of the Company (or any subsidiary), then your option will expire at the close of business at Company headquarters on the date 6 months after the date of death. During that 6-month period, your estate or heirs may exercise the vested portion of your option. Disability If your service as an employee of the Company (or any subsidiary) terminates because of your Disability, then your option will expire at the close of business at Company headquarters on the date 6 months after your termination date.following:

Date of Option Grant. Name of Optionee: -------------------------------------- ------------------------------------------- Optionee's Social Security Number: -------------------------------------- ------------------------------------------- Number of Shares of Common Stock Covered by Option: -------------------------------------- ------------------------------------------- Exercise Price per Share: $ -------------------------------------- ------------------------------------------- Vesting Start Date: -------------------------------------- By signing this cover sheet, you agree ------------------------------------------- Vesting Schedule: Subject to all of the terms and conditions described set forth in the attached Agreement and in the PlanAgreement, a copy of which is also enclosed. Optionee: --------------------------------------------------------------- (Signature) Company: --------------------------------------------------------------- (Signature) -1- Title: ----------------------------------------------------------- Attachment ---------- THE SECURITIES REPRESENTED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED OR QUALIFIED UNDER THE SECURITIES ACT OF 1933 OR THE SECURITIES LAWS OF ANY STATE, AND MAY BE OFFERED AND SOLD ONLY IF REGISTERED AND QUALIFIED PURSUANT TO THE RELEVANT PROVISIONS OF FEDERAL AND STATE SECURITIES LAWS OR IF THE COMPANY IS PROVIDED AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT REGISTRATION AND QUALIFICATION UNDER FEDERAL AND STATE SECURITIES LAWS IS NOT REQUIRED. VIVID PUBLISHING, INC. 1997 STOCK OPTION PLAN INCENTIVE STOCK OPTION AGREEMENT (Four Year Vesting with 90-Day Cliff) Incentive Stock Option This option is intended to be an incentive stock option under section 422 of the Internal Revenue Code and will be interpreted accordingly. Vesting Your your right to exercise this option vests monthly beginning on the Vesting Start Date, as shown on the cover sheet, above; provided, however, no portion of this option may be exercised prior to the expiration of ninety (90 days) days from the Date of Grant, as shown on the this cover sheet. The number of Shares which may be purchased under this option by you at the Purchase Price shall be equal to the difference between (i) the product (rounded to the nearest integer) of the number of full months of your continuous employment with the Company (including all days of any approved leaves of absence) from the Vesting Starting Date times the number of Shares covered by this option times .02083333.020833333333, minus (ii) the number of Shares purchased pursuant to this Option prior to such exercise. The resulting number of Shares will be rounded to the nearest whole number. No additional Shares will vest after your Company service has terminated for any reason. By signing this cover sheet, you agree to all of the terms and conditions described in the attached Agreement and in the Plan, a copy of which is also enclosed. Optionee: ---------------------------------------------------------------------- (Signature) Company: ---------------------------------------------------------------------- (Signature) ---------------------------------------------------------------------- (Title) Attachment THE SECURITIES REPRESENTED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED OR QUALIFIED UNDER THE SECURITIES ACT OF 1933 OR THE SECURITIES LAWS OF ANY STATE, AND MAY BE OFFERED AND SOLD ONLY IF REGISTERED AND QUALIFIED PURSUANT TO THE RELEVANT PROVISIONS OF FEDERAL AND STATE SECURITIES LAWS OR IF THE COMPANY IS PROVIDED AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT REGISTRATION AND QUALIFICATION UNDER FEDERAL AND STATE SECURITIES LAWS IS NOT REQUIRED VIVID PUBLISHING, INC. 1996 STOCK PLAN INCENTIVE STOCK OPTION AGREEMENT Incentive Stock Option This option is intended to be an incentive stock option under section 422 of the Internal Revenue Code and will be interpreted accordingly. Vesting Your right to exercise this option vests according to the schedule on the cover sheet. Notwithstanding anything to the contrary in this Agreement, the vesting of this option is conditioned upon the Company obtaining a written waiver from the Leap Group ("Leap") of any anti-dilution provisions in Leap's favor set forth in the promissory note of the Company issued to Leap on February 8, 1997, which provisions might otherwise be triggered by this option. In the event that Leap Xxxx refuses in writing to provide such waiver, or otherwise attempts to assert such anti- anti-dilution rights, this option will automatically and immediately become rescinded, null and void. Term Your option will expire in any event at the close of business at Company headquarters on the day before the 10th anniversary of the Date of Grant, as shown on the cover sheet. (It will expire earlier if your Company service terminates, as described below.) Regular Termination If your service as an employee of the Company (or any subsidiary) terminates for any reason except death or Disability, then your option will expire at the close of business at Company headquarters on the 90th day after your termination date. Death If you die as an employee of the Company (or any subsidiary), then your option will expire at the close of business at Company headquarters on the date 6 months after the date of death. During that 6-month period, your estate or heirs may exercise the vested portion of your option. Disability If your service as an employee of the Company (or any subsidiary) terminates because of your Disability, then your option will expire at the close of business at Company headquarters on the date 6 months after your termination date.

Date of Option Grant. May 8, 2002 ----------------- Name of Optionee: -------------------------------------- Optionee's Social William McGlashan, Jr. ------------------------------- Xxxxxxxx'x Xxxxxx Security Number: -------------------------------------- --------------- Number of Shares of Common Stock Covered by Option: -------------------------------------- 1,000,000 ------------------ Exercise Price per Share: $ -------------------------------------- $1.74 -------------- Vesting Start Date: -------------------------------------- By signing this cover sheetMay 8, you agree to all of the terms and conditions described in the attached Agreement and in the Plan2002 -------------------- BY SIGNING THIS COVER SHEET, a copy of which is also enclosedYOU AGREE TO ALL OF THE TERMS AND CONDITIONS DESCRIBED IN THE ATTACHED AGREEMENT AND IN THE PLAN, A COPY OF WHICH IS ALSO ENCLOSED. Optionee: --------------------------------------------------------------- /s/ William McGlashan ______________________________________________________________________ (Signature) Company: --------------------------------------------------------------- ______________________________________________________________________ (Signature) -1- Title: ----------------------------------------------------------- ________________________________________ Attachment ---------- THE SECURITIES REPRESENTED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED OR QUALIFIED UNDER THE SECURITIES ACT OF 1933 OR THE SECURITIES LAWS OF ANY STATE, AND MAY BE OFFERED AND SOLD ONLY IF REGISTERED AND QUALIFIED PURSUANT TO THE RELEVANT PROVISIONS OF FEDERAL AND STATE SECURITIES LAWS OR IF THE COMPANY IS PROVIDED AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT REGISTRATION AND QUALIFICATION UNDER FEDERAL AND STATE SECURITIES LAWS IS NOT REQUIRED. VIVID PUBLISHINGCRITICAL PATH, INC. 1997 AMENDED AND RESTATED 1998 STOCK OPTION PLAN INCENTIVE NONSTATUTORY STOCK OPTION AGREEMENT (Four Year Vesting with 90-Day Cliff) Incentive Stock Option NONSTATUTORY STOCK This option is not intended to be an incentive stock OPTION option under section 422 of the Internal Revenue Code and will be interpreted accordingly. Vesting Your right to exercise VESTING The option is immediately exercisable. The Shares under this option vests monthly beginning will vest in accordance with the vesting schedule indicated below: NUMBER OF OPTIONS VESTING EVENT 1,000,000 Vesting in one-third of the Shares under this option on the first anniversary of the Vesting Start Date, as shown Date listed on the cover sheet, provided, however, no portion of sheet to this option may be exercised prior to the expiration of ninety (90 days) Agreement and vesting thereafter in equal quarterly installments from the Date of Grant, as shown on the cover sheet. The number of Shares which may be purchased under this option by you at the Purchase Price shall be equal to the difference between (i) the product (rounded to the nearest integer) first anniversary of the number Vesting Start Date for a period of full months of your continuous two (2) years subject to continued employment with the Company (including during that period and all days of any approved leaves of absence) from other terms and conditions as described herein. Shares that are not yet vested under this Agreement are referred to as Restricted Shares. Your option vesting will cease in the Vesting Starting Date times the number of Shares covered by this option times .02083333, minus (ii) the number of Shares purchased pursuant to this Option prior to such exercise. The resulting number of Shares will be rounded to the nearest whole number. No additional Shares will vest after event that your employment and service as a Company service has terminated director both terminate for any reason. Notwithstanding anything Your option vesting will also cease upon your voluntary resignation of employment or upon a termination for Cause (as such terms are defined in your employment agreement with the Company). Repurchase Right If your employment and service as a Company director both terminate for any reason, then your Shares will be automatically repurchased by the Company to the contrary in this Agreement, extent that they have not vested before the vesting of this option is conditioned upon the Company obtaining termination date and do not vest as a written waiver from the Leap Group ("Leap") of any anti-dilution provisions in Leap's favor set forth in the promissory note result of the termination. This means that the Restricted Shares will immediately revert to the Company. You will receive a payment for Restricted Shares that are repurchased equal to the price you paid per share. The Company issued to Leap on February 8, 1997, which provisions might otherwise be triggered by this optiondetermines when your employment or service terminates for purposes of computing your vested Shares and the date of repurchase. In the event of a Change in Control of the Company, 100% of your then-unvested Option Shares (meaning 100% of your unvested Option Shares that Leap refuses are otherwise scheduled to vest on each vesting date had a Change in writing to provide such waiver, or otherwise attempts to assert such anti- dilution rights, this option will automatically and immediately Control not occurred) shall become rescinded, null and void. Term Your option will expire in any event at vested provided that you are employed by the close of business at Company headquarters on the day before date the 10th anniversary negotiations or communications began (as determined by the Board in good faith) which lead to the Change in Control. For purposes of the Date of Grantthis Agreement, as shown on the cover sheet. (It will expire earlier if your Company service terminates, as described below.) Regular Termination If your service as an employee a "Change in Control" of the Company (or shall be defined as the occurrence of any subsidiary) terminates for any reason except death or Disability, then your option will expire at the close of business at Company headquarters on the 90th day after your termination date. Death If you die as an employee one of the Company (or any subsidiary), then your option will expire at the close of business at Company headquarters on the date 6 months after the date of death. During that 6-month period, your estate or heirs may exercise the vested portion of your option. Disability If your service as an employee of the Company (or any subsidiary) terminates because of your Disability, then your option will expire at the close of business at Company headquarters on the date 6 months after your termination date.following: