Common use of Vesting and Earning of Award Clause in Contracts

Vesting and Earning of Award. Subject to the terms of the Plan and this Agreement, the Award shall vest and be earned, and the Shares subject to the Award shall be distributable as provided in Section 5 herein, upon such date or dates, and subject to such conditions, as are described in this Agreement, including but not limited to Schedule A attached hereto. Without limiting the effect of the foregoing, the Shares subject to the Award may vest in installments over a period of time, if so provided in Schedule A. The Participant expressly acknowledges that the Award shall vest only upon such terms and conditions as are provided in this Agreement (including but not limited to Schedule A) and otherwise in accordance with the terms of the Plan. Subject to the terms of the Plan (and taking into account any Code Section 409A considerations), the Administrator has sole authority to determine whether and to what degree the Award has vested and been earned and is payable and to interpret the terms and conditions of the Award.

Vesting and Earning of Award. (a) Subject to the terms of the Plan and this Agreementthe Agreement (including but not limited to Section 10(a)), the Award shall vest be deemed vested and be earned, and the Shares subject to the Award shall be distributable as provided in Section 5 7 herein, upon such date or dates, and subject to such conditions, as are described in this Agreement, including but not limited to on Schedule A attached hereto. A. Without limiting the effect of the foregoing, the Shares subject to the Award may vest in installments over a period of time, if so provided in Schedule A. The Participant expressly acknowledges that the Award shall vest only upon such terms and conditions as are provided in this Agreement (including but not limited to Schedule AA of this Agreement) and otherwise in accordance with the terms of the Plan. Subject to the terms of the Plan . (and taking into account any Code Section 409A considerations), the b) The Administrator has sole authority to determine whether and to what degree the Award has vested and been earned and is payable and to interpret the terms and conditions of this Agreement and the AwardPlan.