Common use of Performance Contingency Clause in Contracts

Performance Contingency. The “Performance Contingency” is satisfied if for the second year, for the third year or for the fourth year of the Performance Period, the Company’s annual Net Income from Continuing Operations (“Net Income from Continuing Operations”) is at least 119% of the Net Income from Continuing Operations for the year ending immediately prior to the beginning of the Performance Period (based on compounded annual Net Income growth from Continuing Operations of 6% per year times three years). More specifically, the Performance Contingency is satisfied if on December 31, 2010, or on December 31, 2011, or on December 31, 2012, the Company’s Net Income from Continuing operations is at least 119% of the 2008 year-end Net Income from Continuing Operations.

Performance Contingency. The “Performance Contingency” is satisfied if for the second year, for the third year or for the fourth year of the Performance Period, the Company’s annual Net Income from Continuing Operations (“Net Income from Continuing Operations”) is at least 119% of the Net Income from Continuing Operations for the year ending immediately prior to the beginning of the Performance Period (based on compounded annual Net Income growth from Continuing Operations of 6% per year times three years). More specifically, the Performance Contingency is satisfied if on December 31, 2009, or on December 31, 2010, or on December 31, 2011, or on December 31, 2012, the Company’s Net Income from Continuing operations is at least 119% of the 2008 2007 year-end Net Income from Continuing Operations.