Common use of Performance Metric Clause in Contracts

Performance Metric. Subject to the other provisions of this Section 2, the RSUs shall vest in accordance with the vesting table (the “Vesting Table”) set forth on the cover page of this Agreement, based on the Company’s achievement of [Insert Performance Metric] for the Performance Period shown on the cover page of this Agreement. Any fractional RSU resulting from the application of the Vesting Table shall be rounded to the nearest whole number of RSUs. No vesting shall be deemed to occur unless and until the Compensation Committee of the Company’s Board of Directors certifies in writing which (if any) [Insert Performance Metric]targets have been achieved. The Compensation Committee shall make such certification no later than 75 days after the Performance Period End Date. Except as provided in connection with a Change in Control Event in Section 2(c) below, the date on which the Compensation Committee certifies whether a performance target has been achieved that results in the vesting of some or all of the RSUs is referred to in this Agreement as the “Vesting Date.” On the Vesting Date, all RSUs that do not vest shall be automatically forfeited.

Performance Metric. Subject to the other provisions of this Section 2, the RSUs shall vest in accordance with the vesting table (the “Vesting Table”) set forth on the cover page of this Agreement, based on the Company’s achievement of [Insert Performance Metric] Relative Total Shareholder Return for the Performance Period shown on the cover page sheet of this Agreement. Any fractional RSU resulting from the application of the percentages in the Vesting Table shall be rounded to the nearest whole number of RSUs. No vesting shall be deemed to occur unless and until the Compensation Committee of the Company’s Board of Directors certifies in writing which (if any) [Insert Performance Metric]targets Relative Total Shareholder Return targets have been achieved. The Compensation Committee shall make such certification no later than 75 days after the Performance Period End DateJuly 31, 2012. Except as provided in connection with a Change in Control Event in Section 2(c) below, the The date on which the Compensation Committee certifies whether a performance target has been achieved that results in the vesting of some or all of the RSUs is referred to in this Agreement as the “Vesting Date.” On the Vesting Date, all RSUs that do not vest shall be automatically forfeited.

Performance Metric. Subject to the other provisions of this Section 2, the RSUs shall vest in accordance with the vesting table (the “Vesting Table”) set forth on the cover page of this AgreementAgreement (the “Vesting Table”), based on the Company’s achievement of [Insert Performance Metric] insert metric], as described on the cover page of this Agreement, for the Performance Period performance period shown on the cover page of this AgreementAgreement (the “Performance Period”). Any fractional RSU resulting from the application of the percentages in the Vesting Table shall be rounded to the nearest whole number of RSUs. No vesting shall be deemed to occur unless and until the Compensation Committee of the Company’s Board of Directors certifies in writing which (if any) [Insert Performance Metric]targets performance targets have been achieved. The Compensation Committee shall make such certification no later than 75 days after the end of the Performance Period End DatePeriod. Except as provided in connection with a Change in Control Event in Section 2(c) below, the The date on which the Compensation Committee certifies whether a performance target has been achieved that results in the vesting of some or all of the RSUs is referred to in this Agreement as the “Vesting Date.” On the Vesting Date, all RSUs that do not vest shall be automatically forfeited.