Common use of Cumulative Performance Clause in Contracts

Cumulative Performance. (i) Any unvested portion of the Relative NAREIT TSR Award will vest if the cumulative Relative NAREIT TSR for the Company for the period January 1, 2009 through December 31, 2011, as determined by the Committee in a manner consistent with the methodology described in Section 3 of this Agreement, equals or exceeds the 75th percentile of the peer companies in the NAREIT Equity Index; as determined by the Committee, provided that the Executive is employed by the Company on the date the Committee determines the cumulative Relative NAREIT TSR. Any unvested portion of the Relative NAREIT TSR Award that does not vest in accordance with this Section 5 shall be forfeited on the date the Committee determines the cumulative Relative NAREIT TSR.

Cumulative Performance. (i) Any unvested portion of the Relative NAREIT TSR Award will vest if the cumulative Relative NAREIT TSR for the Company for the period January 1, 2009 through December 31, 2011, as determined by the Committee in a manner consistent with the methodology described in Section 3 of this Agreement, 2011 equals or exceeds the 75th percentile of the peer companies in the NAREIT Equity Index; as determined by the Committee, provided that the Executive is employed by the Company on the date the Committee determines the cumulative Relative NAREIT TSRTSR and such Executive’s employment with the Company had not terminated during the period 2009-2011, unless otherwise provided in Section 8 of this Agreement. Any unvested portion of the Relative NAREIT TSR Award that does not vest in accordance with this Section 5 shall be forfeited on the date the Committee determines the cumulative Relative NAREIT TSR.