Common use of Second Option Clause in Contracts

Second Option. Pursuant to the provisions of the Old Employment Agreement, Executive was granted a stock option to purchase 750,000 shares of the Company's Common Stock at an exercise price equal to the fair market value of such common stock on the date of grant (the "Second Option"). The First Option together with the Second Option shall each be referred to as an "Option" and collectively as the "Options." Subject to the accelerated vesting provisions set forth herein, and because the Board voted that it would deem that the Executive met the milestone for approval of Executive's business plan for the Company (prepared jointly by the CEO, COO and CFO) by April 8, 2002, the Second Option shall continue to vest as provided in the Old Employment Agreement (that is, as to 25% of the shares subject to such Option eighteen (18) months following the effective date of the Old Employment Agreement, and as to 1/48th of the shares subject to such Option monthly thereafter, so that the Second Option will be fully vested and exercisable fifty-four (54) months from the effective date of the Old Employment Agreement, subject to Executive's continued service to the Company on the relevant vesting dates). The Second Option will continue to be subject to the terms, definitions and provisions of the Option Plan and the stock option agreement executed by Executive and the Company (the "Second Option Agreement"), both of which documents have been approved by the Board and are incorporated herein by reference. The First Option Agreement together with the Second Option Agreement shall each be referred to as the "Option Agreement" or collectively as the "Option Agreements."

Second Option. Pursuant Subject to approval by the provisions of Board, as soon as ------------- administratively practicable following the Old Employment AgreementEffective Date, Executive was shall be granted a stock option to purchase 750,000 250,000 shares of the Company's Common Stock at an exercise price equal to the fair market value of such common stock on the date of grant (the "Second Option"). The First Option together with the Second Option shall each be referred to as an "Option" and collectively as the "Options." Subject The Second Option shall vest as to 100% of the accelerated vesting provisions set forth hereinshares subject to such Option five (5) years following its date of grant. Notwithstanding the foregoing, and because if within six (6) months following the Effective Date the Board voted that it would deem that approves the Executive met the milestone for approval of Executive's business plan for the Company (prepared jointly by the CEO, COO and CFO) by April 8), 2002which such approval shall not be unreasonably withheld, the Second Option shall continue to vest as provided in the Old Employment Agreement (that is, as to 25% of the shares subject to such Option eighteen (18) months following the effective date of the Old Employment AgreementEffective Date, and as to 1/48th of the shares subject to such Option monthly thereafter, so that the Second Option will be fully vested and exercisable fifty-four (54) months from the effective date of the Old Employment AgreementEffective Date, subject to Executive's continued service to the Company on the relevant vesting dates). The Second Option will continue to be subject to the terms, definitions and provisions of the Option Plan and the stock option agreement to be executed by Executive and the Company (the "Second Option Agreement"), both of which documents have been are to be approved by the Board and are will be at that time incorporated herein by reference. The First Option Agreement together with the Second Option Agreement shall each be referred to as the "Option Agreement" or collectively as the "Option Agreements."

Second Option. Pursuant Subject to approval by the provisions of Board, as soon as administratively practicable following the Old Employment AgreementEffective Date, Executive was shall be granted a stock option to purchase 750,000 shares of the Company's Common Stock at an exercise price equal to the fair market value of such common stock on the date of grant (the "Second Option"). The First Option together with the Second Option shall each be referred to as an "Option" and collectively as the "Options." Subject The Second Option shall vest as to 100% of the accelerated vesting provisions set forth hereinshares subject to such Option five (5) years following its date of grant. Notwithstanding the foregoing, and because if within six (6) months following the Effective Date the Board voted that it would deem that approves the Executive met the milestone for approval of Executive's business plan for the Company (prepared jointly by the CEOCompany, COO and CFO) by April 8, 2002which such approval shall not be unreasonably withheld, the Second Option shall continue to vest as provided in the Old Employment Agreement (that is, as to 25% of the shares subject to such Option eighteen (18) months following the effective date of the Old Employment AgreementEffective Date, and as to 1/48th of the shares subject to such Option monthly thereafter, so that the Second Option will be fully vested and exercisable fifty-four (54) months from the effective date of the Old Employment AgreementEffective Date, subject to Executive's continued service to the Company on the relevant vesting dates). The Second Option will continue to be subject to the terms, definitions and provisions of the Option Plan and the stock option agreement to be executed by Executive and the Company (the "Second Option Agreement"), both of which documents have been are to be approved by the Board and are will be at that time incorporated herein by reference. The First Option Agreement together with the Second Option Agreement shall each be referred to as the "Option Agreement" or collectively as the "Option Agreements."

Second Option. Pursuant to the provisions of the Old Employment Agreement, Executive was granted a stock option to purchase 750,000 250,000 shares of the Company's Common Stock at an exercise price equal to the fair market value of such common stock on the date of grant (the "Second Option"). The First Option together with the Second Option shall each be referred to as an "Option" and collectively as the "Options." Subject to the accelerated vesting provisions set forth herein, and because the Board voted that it would deem that the Executive met the milestone for approval of Executive's business plan for the Company (prepared jointly by the CEO, COO and CFO) by April 8, 2002, the Second Option shall continue to vest as provided in the Old Employment Agreement (that is, as to 25% of the shares subject to such Option eighteen (18) months following the effective date of the Old Employment Agreement, and as to 1/48th of the shares subject to such Option monthly thereafter, so that the Second Option will be fully vested and exercisable fifty-four (54) months from the effective date of the Old Employment Agreement, subject to Executive's continued service to the Company on the relevant vesting dates). The Second Option will continue to be subject to the terms, definitions and provisions of the Option Plan and the stock option agreement executed by Executive and the Company (the "Second Option Agreement"), both of which documents have been approved by the Board and are incorporated herein by reference. The First Option Agreement together with the Second Option Agreement shall each be referred to as the "Option Agreement" or collectively as the "Option Agreements."