Common use of Options Subject to Plan Clause in Contracts

Options Subject to Plan. This Agreement is subject to the Plan as approved by the Company’s shareholders. The terms and provisions of the Plan as it may be amended from time to time are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail. Notwithstanding the foregoing or anything in this Agreement or the Plan to the contrary, if the Plan is not approved by the Company’s stockholders within 12 months of the Board’s initial adoption of the Plan, this Agreement will be deemed to be outside the Plan and will otherwise remain in full force and effect.