Common use of Performance Based Bonus Clause in Contracts

Performance Based Bonus. As additional compensation, the Executive shall be entitled to receive a bonus ("Bonus") for each fiscal year during the Term of the Executive's employment by the Company in an amount equal to two percent (2%) of Earnings of the Company Before Income Tax, Depreciation and Amortization (EBITDA) in excess of the EBITDA for the previous fiscal year. The base year for the Bonus shall commence fiscal 1997. The Bonus shall be payable within thirty (30) days of the determination of the amount of the Bonus; provided that its the Executive's sole discretion, to elect to take his bonus in cash or in restricted common stock of the Company, based upon an amount of such restricted common stock which shall be equal to Seventy- Five (75%) of the fair market value of the Company's common stock, which fair market value shall be equal to the average of the closing price for the five (5) prior trading days immediately prior to the determination of such Bonus.

Performance Based Bonus. As additional compensation, the Executive shall be entitled to receive a bonus ("Bonus") for each fiscal year during the Term of the Executive's employment by the Company in an amount equal to two one percent (21%) of Earnings of the Company Before Income Tax, Depreciation and Amortization (EBITDA) in excess of the EBITDA for the previous fiscal year. The base year for the Bonus shall commence fiscal 19972003. The Bonus shall be payable within thirty (30) days of the determination of the amount of the Bonus; provided that its at the Executive's sole discretion, to elect to take his bonus in cash or in restricted common stock of the Company, based upon an amount of such restricted common stock which shall be equal to Seventy- Seventy-Five (75%) of the fair market value of the Company's common stock, which fair market value shall be equal to the average of the closing price for the five (5) prior trading days immediately prior to the determination of such Bonus.

Performance Based Bonus. As additional compensation, the Executive shall be entitled to receive a bonus ("Bonus") for each fiscal year during the Term of the Executive's employment by the Company in an amount equal to two three percent (23%) of Earnings of the Company Before Income Tax, Depreciation and Amortization (EBITDA) in excess of the EBITDA for the previous fiscal year. The base year for the Bonus shall commence fiscal 19971996. The Bonus shall be payable within thirty (30) days of the determination of the amount of the Bonus; provided that its the Executive's sole discretion, to elect to take his bonus in cash or in restricted common stock of the Company, based upon an amount of such restricted common stock which shall be equal to Seventy- Seventy-Five (75%) of the fair market value of the Company's common stock, which fair market value shall be equal to the average of the closing price for the five (5) prior trading days immediately prior to the determination of such Bonus.

Performance Based Bonus. As additional compensation, the Executive shall be entitled to receive a bonus ("Bonus") for each fiscal year during the Term of the Executive's employment by the Company in an amount equal to two one percent (21%) of Earnings of the Company Before Income Tax, Depreciation and Amortization (EBITDA) in excess of the EBITDA for the previous fiscal yearyear (only to the extent of positive net income for such period). The base year for the Bonus shall commence fiscal 19972003. The Bonus shall be payable within thirty (30) days of the determination of the amount of the Bonus; provided that its at the Executive's sole discretion, to elect to take his bonus in cash or in restricted common stock of the Company, based upon an amount of such restricted common stock which shall be equal to Seventy- Seventy-Five (75%) of the fair market value of the Company's common stock, which fair market value shall be equal to the average of the closing price for the five (5) prior trading days immediately prior to the determination of such Bonus.