Common use of Treatment of Performance-Based Awards Clause in Contracts

Treatment of Performance-Based Awards. Notwithstanding the foregoing, the accelerated vesting provisions contained in this Agreement will only apply to service-based vesting provisions, and will not result in a waiver of any performance or milestone-based vesting conditions (a “Performance Condition”) contained in any such equity compensation award. The terms and conditions of the applicable award agreement will control the treatment of any vesting provision conditioned on the satisfaction of a Performance Condition in connection with Executive’s termination.

Treatment of Performance-Based Awards. Notwithstanding the foregoing, the accelerated vesting provisions contained in this Agreement will only apply to service-based vesting provisions, and will not result in a waiver of any performance or milestone-based vesting conditions (a “Performance Condition”) contained in any such equity compensation award. The terms and conditions of the applicable award agreement will control the treatment of any vesting provision conditioned on the satisfaction of a Performance Condition in connection with Executive’s termination.