Common use of Performance Vesting Clause in Contracts

Performance Vesting. The Participant’s interest in the Common Shares covered by this Share Award shall become vested and non-forfeitable (“Vested”) as follows based on the Company’s Total Shareholder Return: (a) The Participant’s interest in the number of Common Shares that most nearly equals (but does not exceed) one-third of the Common Shares covered by this Share Award shall be Vested on January 15, 2014, if the Total Shareholder Return for calendar year 2013 is 8% or more. (b) The Participant’s interest in the number of Common Shares that most nearly equals (but does not exceed) one-third of the Common Shares covered by this Share Award shall be Vested on January 15, 2015, if the Total Shareholder Return for calendar year 2014 is 8% or more. (c) The Participant’s interest in the number of Common Shares that most nearly equals (but does not exceed) one-third of the Common shares covered by this Share Award shall be Vested on January 15, 2016, if the Total Shareholder Return for calendar year 2015 is 8% or more. (d) The Participant’s interest in the number of Common Shares that most nearly equals (but does not exceed) two-thirds of the Common Shares covered by this Share Award (less any Common Shares that Vested under paragraph 2(a) and paragraph 2(b)), shall be Vested on January 15, 2015, if the average Total Shareholder Return for calendar years 2013 and 2014 is 8% or more. (e) The Participant’s interest in all of the Common Shares covered by this Share Award (less any Common Shares that Vested under paragraphs 2(a), paragraph 2(b), paragraph 2(c) and paragraph 2(d)), shall be Vested on January 15, 2016, if the average Total Shareholder Return for calendar years 2013, 2014 and 2015 is 8% or more. Except as provided in paragraph 3, Common Shares covered by this Share Award may become Vested in accordance with this paragraph 2 only if the Participant remains in the continuous employ of the Company or an Affiliate from the Date of Grant until the applicable vesting date, i.e., January 15, 2014, January 15, 2015 or January 15, 2016, as described above.

Performance Vesting. The Participant’s interest in the Common Shares covered by this Share Award shall become vested and non-forfeitable (“Vested”) as follows based on the Company’s Total Shareholder Return: (a) The Participant’s interest in the number of Common Shares that most nearly equals (but does not exceed) one-third of the Common Shares covered by this Share Award shall be Vested on January 15, 20142016, if the Total Shareholder Return for calendar year 2013 2015 is 8% or more. (b) The Participant’s interest in the number of Common Shares that most nearly equals (but does not exceed) one-third of the Common Shares covered by this Share Award shall be Vested on January 15, 20152017, if the Total Shareholder Return for calendar year 2014 2016 is 8% or more. (c) The Participant’s interest in the number of Common Shares that most nearly equals (but does not exceed) one-third of the Common shares covered by this Share Award shall be Vested on January 15, 20162018, if the Total Shareholder Return for calendar year 2015 2017 is 8% or more. (d) The Participant’s interest in the number of Common Shares that most nearly equals (but does not exceed) two-thirds of the Common Shares covered by this Share Award (less any Common Shares that Vested under paragraph 2(a) and paragraph 2(b)), shall be Vested on January 15, 20152017, if the average Total Shareholder Return for calendar years 2013 2015 and 2014 2016 is 8% or more. (e) The Participant’s interest in all of the Common Shares covered by this Share Award (less any Common Shares that Vested under paragraphs 2(a), paragraph 2(b), paragraph 2(c) and paragraph 2(d)), shall be Vested on January 15, 20162018, if the average Total Shareholder Return for calendar years 20132015, 2014 2016 and 2015 2017 is 8% or more. Except as provided in paragraph 3, Common Shares covered by this Share Award may become Vested in accordance with this paragraph 2 only if the Participant remains in the continuous employ of the Company or an Affiliate from the Date of Grant until the applicable vesting date, i.e., January 15, 20142016, January 15, 2015 2017 or January 15, 20162018, as described above.

Performance Vesting. The Participant’s interest in the Common Shares covered by this Share Award shall become vested and non-forfeitable (“Vested”) as follows based on the Company’s Total Shareholder Return: (a) The Participant’s interest in the number of Common Shares that most nearly equals (but does not exceed) one-third of the Common Shares covered by this Share Award shall be Vested on January 15, 20142013, if the Total Shareholder Return for calendar year 2013 2012 is 8% or more. (b) The Participant’s interest in the number of Common Shares that most nearly equals (but does not exceed) one-third of the Common Shares covered by this Share Award shall be Vested on January 15, 20152014, if the Total Shareholder Return for calendar year 2014 2013 is 8% or more. (c) The Participant’s interest in the number of Common Shares that most nearly equals (but does not exceed) one-third of the Common shares covered by this Share Award shall be Vested on January 15, 20162015, if the Total Shareholder Return for calendar year 2015 2014 is 8% or more. (d) The Participant’s interest in the number of Common Shares that most nearly equals (but does not exceed) two-thirds of the Common Shares covered by this Share Award (less any Common Shares that Vested under paragraph 2(a) and paragraph 2(b)), shall be Vested on January 15, 20152014, if the average Total Shareholder Return for calendar years 2012 and 2013 and 2014 is 8% or more. (e) The Participant’s interest in all of the Common Shares covered by this Share Award (less any Common Shares that Vested under paragraphs 2(a), paragraph 2(b), paragraph 2(c) and paragraph 2(d)), shall be Vested on January 15, 20162015, if the average Total Shareholder Return for calendar years 20132012, 2013 and 2014 and 2015 is 8% or more. Except as provided in paragraph 3, Common Shares covered by this Share Award may become Vested in accordance with this paragraph 2 only if the Participant remains in the continuous employ of the Company or an Affiliate from the Date of Grant until the applicable vesting date, i.e., January 15, 20142013, January 15, 2015 2014 or January 15, 20162015, as described above.

Performance Vesting. The Participant’s interest in the Common Shares covered by this Share Award shall become vested and non-forfeitable (“Vested”) as follows based on the Company’s Total Shareholder Return: (a) The Participant’s interest in the number of Common Shares that most nearly equals (but does not exceed) one-third of the Common Shares covered by this Share Award shall be Vested on January 15, 20142015, if the Total Shareholder Return for calendar year 2013 2014 is 8% or more. (b) The Participant’s interest in the number of Common Shares that most nearly equals (but does not exceed) one-third of the Common Shares covered by this Share Award shall be Vested on January 15, 20152016, if the Total Shareholder Return for calendar year 2014 2015 is 8% or more. (c) The Participant’s interest in the number of Common Shares that most nearly equals (but does not exceed) one-third of the Common shares covered by this Share Award shall be Vested on January 15, 20162017, if the Total Shareholder Return for calendar year 2015 2016 is 8% or more. (d) The Participant’s interest in the number of Common Shares that most nearly equals (but does not exceed) two-thirds of the Common Shares covered by this Share Award (less any Common Shares that Vested under paragraph 2(a) and paragraph 2(b)), shall be Vested on January 15, 20152016, if the average Total Shareholder Return for calendar years 2013 2014 and 2014 2015 is 8% or more. (e) The Participant’s interest in all of the Common Shares covered by this Share Award (less any Common Shares that Vested under paragraphs 2(a), paragraph 2(b), paragraph 2(c) and paragraph 2(d)), shall be Vested on January 15, 20162017, if the average Total Shareholder Return for calendar years 20132014, 2014 2015 and 2015 2016 is 8% or more. Except as provided in paragraph 3, Common Shares covered by this Share Award may become Vested in accordance with this paragraph 2 only if the Participant remains in the continuous employ of the Company or an Affiliate from the Date of Grant until the applicable vesting date, i.e., January 15, 20142015, January 15, 2015 2016 or January 15, 20162017, as described above.

Performance Vesting. The Participant’s interest in the Common Shares covered by this Share Award shall become vested and non-forfeitable (“Vested”) as follows based on the Company’s Total Shareholder Return: (a) The Participant’s interest in the number of Common Shares that most nearly equals (but does not exceed) one-third of the Common Shares covered by this Share Award shall be Vested on January 15, 20142015, if the Total Shareholder Return for calendar year 2013 2014 is 8% or more. (b) The Participant’s interest in the number of Common Shares that most nearly equals (but does not exceed) one-third of the Common Shares covered by this Share Award shall be Vested on January 15, 20152016, if the Total Shareholder Return for calendar year 2014 2015 is 8% or more. (c) The Participant’s interest in the number of Common Shares that most nearly equals (but does not exceed) one-third of the Common shares covered by this Share Award shall be Vested on January 15, 20162017, if the Total Shareholder Return for calendar year 2015 2016 is 8% or more. (d) The Participant’s interest in the number of Common Shares that most nearly equals (but does not exceed) two-thirds of the Common Shares covered by this Share Award (less any Common Shares that Vested under paragraph 2(a) and paragraph 2(b)), shall be Vested on January 15, 20152016, if the average Total Shareholder Return for calendar years 2013 2014 and 2014 2015 is 8% or more. (e) The Participant’s interest in all of the Common Shares covered by this Share Award (less any Common Shares that Vested under paragraphs 2(a), paragraph 2(b), paragraph 2(c) and paragraph 2(d)), shall be Vested on January 15, 2016, if the average Total Shareholder Return for calendar years 20132014, 2014 2015 and 2015 2016 is 8% or more. Except as provided in paragraph 3, Common Shares covered by this Share Award may become Vested in accordance with this paragraph 2 only if the Participant remains in the continuous employ of the Company or an Affiliate from the Date of Grant until the applicable vesting date, i.e., January 15, 20142015, January 15, 2015 2016 or January 15, 20162017, as described above.