Common use of Vesting and Expiration Clause in Contracts

Vesting and Expiration. i. Subject to Participant’s Continuous Service on the Vesting Date, one-hundred percent (100%) of the Option Award shall become vested on the third (3rd) anniversary of the Date of Grant (the “Vesting Date”). Notwithstanding anything else herein to the contrary, upon the occurrence of a Change in Control, one-hundred percent (100%) of the Option Award shall vest as of the date of the Change in Control. A vested Option Award may be exercised pursuant to Section 3 below. ii. The unvested portion of the Option Award shall expire upon the termination of Participant’s employment or service with the Company or any Affiliate; provided that, if Participant’s employment or service is terminated by (A) reason of death or Disability or (B) the Company without Cause, as applicable, then a pro-rated portion of the Option Award shall become vested as of the Vesting Date, which portion shall be determined by multiplying (i) the number of shares of Common Stock subject to the Option Award times (ii) the quotient obtained by dividing (x) the number of days in which Participant was employed by or provided services to the Company or an Affiliate since the Date of Grant by (y) the number of days beginning on the Date of Grant and ending on the Vesting Date (rounded upwards to the nearest whole number of CDIs). iii. Subject to the earlier expiration of the Option Award described in Section 2(b)(ii) above, the Option Award granted pursuant to this Agreement shall expire on the sixth (6th) anniversary of the Date of Grant (the “Option Award Expiration Date”).

Vesting and Expiration. i. (a) Subject to Participant’s Continuous Service on the Vesting DateSections 3(b), one-hundred percent (100%c), (e) of and (g), the Option Award shall become vested and exercisable as follows: (i) The Option shall become vested and exercisable with respect to 25% of the shares subject thereto (rounded down to the next whole number of shares) on the third (3rd) first anniversary of the Grant Date of Grant (the “Initial Vesting Date”). Notwithstanding anything else herein ; and (ii) The Option shall become vested and exercisable with respect to an additional 25% of the shares subject thereto (rounded down to the contrarynext whole number of shares) on each anniversary of the Initial Vesting Date, upon so that the occurrence Option shall be fully vested and exercisable as of the fourth anniversary of the Grant Date. (b) Except as may otherwise be provided in any other written agreement entered into by and between the Company and the Optionee, in the event of a Change in Control, one-hundred percent the Option shall become fully vested and exercisable immediately prior to such Change of Control. (100%c) No portion of the Option Award which is unexercisable at the Optionee’s termination of employment shall vest as thereafter become exercisable. (d) The installments provided for in Section 3(a) are cumulative. Each such installment which becomes exercisable pursuant to Section 3(a) shall remain exercisable until it becomes unexercisable under Section 3(e). (e) The Option may not be exercised to any extent by anyone after the first to occur of the following events: (i) The expiration of ten years from the Grant Date; or (ii) The expiration of three months following the date of the Change in Control. A vested Option Award may be exercised pursuant to Section 3 belowOptionee’s termination of employment for any reason other than death or Disability; or (iii) The expiration of one year following the date of the Optionee’s termination of employment by reason of his death or Disability. ii. The unvested portion (f) Optionee hereby agrees and acknowledges that to the extent that the aggregate Fair Market Value (determined as of the Option Award shall expire upon time of grant) of all shares of Stock with respect to which Incentive Stock Options, including the termination Option, are first exercisable by Optionee in any calendar year exceeds $100,000 or such other limitation as imposed by Section 422(d) of Participant’s employment or service with the Company Code (or any Affiliate; provided thatsuccessor provision), if Participant’s employment or service is terminated by (A) reason of death or Disability or (B) the Company without CauseOption and such Incentive Stock Options, as applicable, then a pro-rated portion shall be treated as not qualifying as an “incentive stock option” under Section 422 of the Option Award shall become vested as of the Vesting Date, which portion Code but rather shall be determined by multiplying treated as Non-Qualified Stock Options. (g) The Option may not be exercised (i) to the number extent that the grant or exercise of shares such Award could cause the Participant to be in violation of the Common Stock subject Ownership Limit or the Aggregate Stock Ownership Limit (each as defined in the Company’s Articles of Incorporation, as amended from time to the Option Award times time) or (ii) if, in the quotient obtained by dividing (x) the number of days in which Participant was employed by or provided services to the Company or an Affiliate since the Date of Grant by (y) the number of days beginning on the Date of Grant and ending on the Vesting Date (rounded upwards to the nearest whole number of CDIs). iii. Subject to the earlier expiration discretion of the Option Award described in Section 2(b)(ii) aboveCommittee, the Option grant or exercise of such Award granted pursuant to this Agreement shall expire on could impair the sixth (6th) anniversary of the Date of Grant (the “Option Award Expiration Date”)Company’s status as a REIT.

Vesting and Expiration. i. (a) Subject to Participant’s Continuous Service on the Vesting DateSections 3(a)(iii), one-hundred percent (100%3(a)(iv), and 3(c) of the Option Award shall become vested and exercisable as follows: (i) The Option shall become vested and exercisable with respect to 10% of the shares subject to the Option (rounded down to the next whole number of shares) on the third (3rd) first anniversary of the Grant Date of Grant (the “Initial Vesting Date”). Notwithstanding anything else herein . (ii) The Option shall become vested and exercisable with respect to an additional 15% of the shares subject to the contraryOption (rounded down to the next whole number of shares) on each 6-month anniversary of the Initial Vesting Date, upon so that the occurrence Option shall be fully vested and exercisable as of the fourth anniversary of the Grant Date. (iii) Except as may otherwise be provided in any other written agreement entered into by and between the Company and the Optionee, if a Change in of Control occurs and the Option is not converted, assumed, or replaced by a successor entity, the Option shall become fully vested and exercisable immediately prior to such a Change of Control, one-hundred percent . (100%iv) No portion of the Option Award which is unexercisable at Termination of Employment shall vest as thereafter become exercisable. (b) The installments provided for in Section 3(a) are cumulative. Each such installment which becomes exercisable pursuant to Section 3(a) shall remain exercisable until it becomes unexercisable under Section 3(c). (c) The Option may not be exercised to any extent by anyone after the first to occur of the following events: (i) The expiration of seven years from the date the Option was granted; or (ii) The expiration of three months from the date of the Change in Control. A vested Option Award may be exercised pursuant to Section 3 below.Optionee’s Termination of Employment for any reason other than retirement, death or disability; or ii. (iii) The unvested portion expiration of one year from the date of the Option Award shall expire upon the termination Optionee’s Termination of Participant’s employment Employment by reason of his retirement, death or service with disability (as determined by the Company or any Affiliate; provided that, if Participant’s employment or service is terminated by (A) reason of death or Disability or (B) the Company without Cause, as applicable, then a pro-rated portion of the Option Award shall become vested as of the Vesting Date, which portion shall be determined by multiplying (i) the number of shares of Common Stock subject to the Option Award times (ii) the quotient obtained by dividing (x) the number of days in which Participant was employed by or provided services to the Company or an Affiliate since the Date of Grant by (y) the number of days beginning on the Date of Grant and ending on the Vesting Date (rounded upwards to the nearest whole number of CDIsits sole discretion). iii. Subject to the earlier expiration of the Option Award described in Section 2(b)(ii) above, the Option Award granted pursuant to this Agreement shall expire on the sixth (6th) anniversary of the Date of Grant (the “Option Award Expiration Date”).

Vesting and Expiration. i. (a) Subject to Participant’s Continuous Service on the Vesting DateSections 3(a)(iii), one-hundred percent (100%3(a)(iv), and 3(c) of the Option Award shall become vested and exercisable as follows: (i) The Option shall become vested and exercisable with respect to 10% of the shares subject to the Option (rounded down to the next whole number of shares) on the third (3rd) first anniversary of the Grant Date of Grant (the “Initial Vesting Date”). Notwithstanding anything else herein . (ii) The Option shall become vested and exercisable with respect to an additional 15% of the shares subject to the contraryOption (rounded down to the next whole number of shares) on each 6-month anniversary of the Initial Vesting Date, upon so that the occurrence Option shall be fully vested and exercisable as of the fourth anniversary of the Grant Date. (iii) The Option shall become fully vested and exercisable immediately prior to a Change in of Control, one-hundred percent . (100%iv) No portion of the Option Award which is unexercisable at Termination of Employment shall vest as thereafter become exercisable. (b) The installments provided for in Section 3(a) are cumulative. Each such installment which becomes exercisable pursuant to Section 3(a) shall remain exercisable until it becomes unexercisable under Section 3(c). (c) The Option may not be exercised to any extent by anyone after the first to occur of the following events: (i) The expiration of Seven years from the date the Option was granted; or (ii) The expiration of three months from the date of the Change in Control. A vested Option Award may be exercised pursuant to Section 3 below.Optionee’s Termination of Employment for any reason other than retirement, death or disability; or ii. (iii) The unvested portion expiration of one year from the date of the Option Award shall expire upon the termination Optionee’s Termination of Participant’s employment Employment by reason of his retirement, death or service with disability (as determined by the Company or any Affiliate; provided that, if Participant’s employment or service is terminated by (A) reason of death or Disability or (B) the Company without Cause, as applicable, then a pro-rated portion of the Option Award shall become vested as of the Vesting Date, which portion shall be determined by multiplying (i) the number of shares of Common Stock subject to the Option Award times (ii) the quotient obtained by dividing (x) the number of days in which Participant was employed by or provided services to the Company or an Affiliate since the Date of Grant by (y) the number of days beginning on the Date of Grant and ending on the Vesting Date (rounded upwards to the nearest whole number of CDIsits sole discretion). iii. Subject to the earlier expiration of the Option Award described in Section 2(b)(ii) above, the Option Award granted pursuant to this Agreement shall expire on the sixth (6th) anniversary of the Date of Grant (the “Option Award Expiration Date”).