Common use of Stock Plan Amendments Clause in Contracts

Stock Plan Amendments. In accordance with the Agreement dated January 1, 2001 between Executive and the Company, Executive previously consented, pursuant to Section 14 of the Company’s Second Amended and Restated 1991 Stock Option Plan (the “1991 Plan”), Section 6.2 of the Company’s 1997 Stock Option Plan, as amended (the “1997 Plan”) and Section 6.2 of the Company’s 1998 Stock Option Plan, as amended (the “1998 Plan,” and together with the 1991 Plan and the 1997 Plan, the “Plans”), that the Plans, as amended by the amendments to the Accelerated Provisions of the Plans set forth on Exhibit A attached hereto, shall govern and apply to all of Executive’s outstanding options under the Plans, regardless of the date such options were granted. To the extent the option agreements for Executive’s outstanding options under the Plans state anything to the contrary, Executive and the Company have agreed that such option agreement(s) are amended to be consistent with the foregoing sentence.

Stock Plan Amendments. In accordance with the Agreement dated January 1, 2001 between Executive and the Company, Executive previously consented, pursuant to Section 14 of the Company’s Second Amended and Restated 1991 Stock Option Plan (the “1991 Plan”), Section 6.2 of the Company’s 1997 Stock Option Plan, as amended (the “1997 Plan”) and Section 6.2 of the Company’s 1998 Stock Option Plan, as amended (the “1998 Plan,” and together with the 1991 Plan and the 1997 Plan, the “Plans”), that the Plans, as amended by the amendments to the Accelerated Provisions of the Plans set forth on Exhibit A attached hereto, shall govern and apply to all of Executive’s outstanding options under the Plans, regardless of the date such options were granted. To the extent the option agreements for Executive’s outstanding options under the Plans state anything to the contrary, Executive and the Company have agreed that such option agreement(s) are amended to be consistent with the foregoing sentence.