Common use of Vesting of Equity Awards Clause in Contracts

Vesting of Equity Awards. Anything herein or in any Equity Plan (including without limitation, Section 16(b) of the Company’s Restated 1996 Flexible Stock Incentive Plan) to the contrary notwithstanding, upon the occurrence of a Change of Control during the Employment Term, one hundred percent (100%) of the Employee’s then unvested Equity Awards shall immediately vest and, as applicable, become exercisable, and such Equity Awards, and all of Employee’s Equity Awards that have become vested prior to the occurrence of the Change in Control, shall, as applicable, continue to be exercisable, in any case, for a period of twelve (12) months following the Termination Date; provided, however, that in the event of a conflict between any term or condition of the applicable Equity Plan and this Agreement, the term or condition most favorable to Employee shall prevail; and provided further, that notwithstanding the foregoing, in no event shall the extended twelve (12) month exercise period specified above modify or extend the expiration date of any Equity Award as set forth in the applicable Equity Plan.

Vesting of Equity Awards. Anything herein or in any Equity Plan (including without limitation, Section 16(b) of the Company’s Restated 1996 Flexible Stock Incentive Plan) to the contrary notwithstanding, upon the occurrence of a Change of Control during the Employment Term, one hundred percent (100%) of the Employee’s then unvested Equity Awards shall immediately vest and, as applicable, become exercisable, and such Equity Awards, and all of Employee’s Equity Awards that have become vested prior to the occurrence of the Change in of Control, shall, as applicable, continue to be exercisable, in any case, for a period of twelve (12) months following the Termination Date; provided, however, that in the event of a conflict between any term or condition of the applicable Equity Plan and this Agreement, the term or condition most favorable to Employee shall prevail; and provided further, that notwithstanding the foregoing, in no event shall the extended twelve (12) month exercise period specified above modify or extend the expiration date of any Equity Award as set forth in the applicable Equity Plan.