Common use of Vesting of Option if Employment Continues Clause in Contracts

Vesting of Option if Employment Continues. If the Employee has continued to serve the Company or any Related Corporation in the capacity of an employee, officer or consultant, as the case may be (such service is described herein as maintaining or being "employed by the Company") on the following dates, the Employee may exercise this option at any time from and after the applicable date for the number of shares of Common Stock set forth opposite the applicable date: Applicable Date Shares --------------- ------ Date of Grant 50,000 shares First Anniversary of Date of Grant an additional 50,000 shares Second Anniversary of Date of Grant an additional 50,000 shares Third Anniversary of Date of Grant an additional 50,000 shares Notwithstanding the foregoing, (i) if the Employee's employment with the Company is terminated by the Company for any reason other than for Cause (as defined in the Employment Agreement dated as of August 28, 2003 by and between the Company and the Employee (the "Employment Agreement")), or by the Employee for Good Reason (as defined in the Employment Agreement) within 24 months after a Change in Control (as defined in the Employment Agreement), or by reason of the Employee's death or Permanent Disability (as defined in the Employment Agreement), the Employee shall be deemed for purposes of this Section 3 to have remained employed by the Company for 18 months after such termination, and any shares that would have become exercisable during such 18-month period shall become exercisable immediately prior to such termination of the Employee's employment with the Company; and (ii) if the Employee's employment with the Company is terminated by the Company for Cause, or by the Employee other than for Good Reason within 24 months after a Change in Control, no further shares shall become exercisable from and after such termination of the Employee's employment with the Company. For avoidance of doubt, a termination pursuant to the last sentence of Section 3(c) of the Employment Agreement shall be deemed a termination by the Company for a reasons other than for Cause. Notwithstanding the foregoing, the Compensation Committee of the Company's Board of Directors (the "Committee") may, in its discretion, accelerate the date that any installment of this option becomes exercisable. The foregoing rights are cumulative and (subject to Sections 3 or 4 hereof if the Employee ceases to be employed by the Company and all Related Corporations), may be exercised up to and including the date that is ten years from the date this option is granted (the "Scheduled Expiration Date").

Vesting of Option if Employment Continues. If the Employee has continued to serve the Company or any Related Corporation in the capacity of an employee, officer or consultant, as the case may be (such service is described herein as maintaining or being "employed by the Company") on the following dates, the Employee may exercise this option at any time from and after the applicable date for the number of shares of Common Stock set forth opposite the applicable date: Applicable Date Shares --------------- ------ Date of Grant 50,000 125,000 shares First Anniversary of Date of Grant an additional 50,000 125,000 shares Second Anniversary of Date of Grant an additional 50,000 125,000 shares Third Anniversary of Date of Grant an additional 50,000 125,000 shares Notwithstanding the foregoing, (i) if the Employee's employment with the Company is terminated by the Company for any reason other than for Cause ((as defined in the Employment Agreement dated as of August 28April 1, 2003 by and between the Company and the Employee (the "Employment Agreement")), or by the Employee for Good Reason (as defined in the Employment Agreement) within 24 months after a Change in Control (as defined in the Employment Agreement), or by reason of the Employee's death or Permanent Disability (as defined in the Employment Agreement), the Employee shall be deemed for purposes of this Section 3 to have remained employed by the Company for 18 months after such termination, and any shares that would have become exercisable during such 18-month period shall become exercisable immediately prior to such termination of the Employee's employment with the Company; and (ii) if the Employee's employment with the Company is terminated by the Company for Cause, or by the Employee other than for Good Reason within 24 months after a Change in Control, no further shares shall become exercisable from and after such termination of the Employee's employment with the Company. For avoidance of doubt, a termination pursuant to the last sentence of Section 3(c) of the Employment Agreement shall be deemed a termination by the Company for a reasons other than for Cause. Notwithstanding the foregoing, the Compensation Committee of the Company's Board of Directors (the "Committee") may, in its discretion, accelerate the date that any installment of this option becomes exercisable. The foregoing rights are cumulative and (subject to Sections 3 or 4 hereof if the Employee ceases to be employed by the Company and all Related Corporations), may be exercised up to and including the date that is ten years from the date this option is granted (the "Scheduled Expiration Date").

Vesting of Option if Employment Continues. If the Employee has continued to serve the Company or any Related Corporation in the capacity of an employee, officer or consultant, as the case may be (such service is described herein as maintaining or being "“employed by the Company"”) on the following dates, the Employee may exercise this option at any time from and after the applicable date for the number of shares of Common Stock set forth opposite the applicable date: Applicable Date Shares --------------- ------ Date of Grant 50,000 125,000 shares First Anniversary of Date of Grant an additional 50,000 125,000 shares Second Anniversary of Date of Grant an additional 50,000 125,000 shares Third Anniversary of Date of Grant an additional 50,000 125,000 shares Notwithstanding the foregoing, (i) if the Employee's ’s employment with the Company is terminated by the Company for any reason other than for Cause ((as defined in the Employment Agreement dated as of August 28April 1, 2003 by and between the Company and the Employee (the "“Employment Agreement"”)), or by the Employee for Good Reason (as defined in the Employment Agreement) within 24 months after a Change in Control (as defined in the Employment Agreement), or by reason of the Employee's ’s death or Permanent Disability (as defined in the Employment Agreement), the Employee shall be deemed for purposes of this Section 3 to have remained employed by the Company for 18 months after such termination, and any shares that would have become exercisable during such 18-month period shall become exercisable immediately prior to such termination of the Employee's ’s employment with the Company; and (ii) if the Employee's ’s employment with the Company is terminated by the Company for Cause, or by the Employee other than for Good Reason within 24 months after a Change in Control, no further shares shall become exercisable from and after such termination of the Employee's ’s employment with the Company. For avoidance of doubt, a termination pursuant to the last sentence of Section 3(c) of the Employment Agreement shall be deemed a termination by the Company for a reasons other than for Cause. Notwithstanding the foregoing, the Compensation Committee of the Company's ’s Board of Directors (the "“Committee"”) may, in its discretion, accelerate the date that any installment of this option becomes exercisable. The foregoing rights are cumulative and (subject to Sections 3 or 4 hereof if the Employee ceases to be employed by the Company and all Related Corporations), may be exercised up to and including the date that is ten years from the date this option is granted (the "“Scheduled Expiration Date"”).