Common use of Performance Restrictions Clause in Contracts

Performance Restrictions. The Recipient of this Option will not have the right to exercise this Option until confirmation by the Board of Directors that the following performance goals have been completed: NET SALES OF 4,000 UNITS SOLD BY THE EAST COAST OFFICE PRIOR TO MARCH 1, 2001. AFTER SUCH 4,000 UNITS IN NET SALES HAVE BEEN ACHIEVED, THEN THE RECIPIENT SHALL BE ENTITLED TO THE RIGHTS DESCRIBED IN SECTION 11(b), SUBJECT TO THE REQUIREMENTS AND LIMITATIONS OF SECTION 11. ANY PARTY WHICH ACQUIRES CONTROL OF THE CORPORATION SHALL BE REQUIRED TO HONOR THE RIGHTS OF ADVANTAGE SET FORTH IN THIS AGREEMENT SUBSEQUENT TO THE ACQUISITION OF CONTROL. For purposes of this paragraph, the East Coast Office shall mean the people working out of the office of the Corporation located in the Washington, D.C., metropolitan area as of the date of this Agreement, and those who subsequently work in at such office as approved by the Corporation as part of the East Coast Office. The East Coast Office shall also include those VARs recruited by and working under the direction of the East Coast Office. For purposes of this paragraph, a "unit" shall consist of a server and associated hardware and the Corporation's software that allows high-speed access to the Internet, together with a service contract of at least two years duration. For purposes of definition of "unit" in this paragraph, a server and/or associated hardware may be furnished by the customer in lieu of a server and associated hardware furnished by the Corporation. A sale of a unit shall be deemed to occur or at such time as a sale is recognized by the Corporation in accordance with generally accepted accounting principles. Units which are returned to the Corporation shall be deducted from the number of Units sold. The number of Units sold less the number of Units returned shall be the net Units sold.

Performance Restrictions. The Recipient of this Option will not have the right to exercise this Option until confirmation by the Board of Directors that the following performance goals have been completed: NET SALES OF 4,000 3,000 UNITS SOLD BY THE EAST COAST OFFICE PRIOR TO MARCH 1, 2001. AFTER SUCH 4,000 3000 UNITS IN NET SALES HAVE BEEN ACHIEVED, THEN THE RECIPIENT SHALL BE ENTITLED TO THE RIGHTS DESCRIBED IN SECTION 11(b), SUBJECT TO THE REQUIREMENTS AND LIMITATIONS OF SECTION 11. ANY PARTY WHICH ACQUIRES CONTROL OF THE CORPORATION SHALL BE REQUIRED TO HONOR THE RIGHTS OF ADVANTAGE SET FORTH IN THIS AGREEMENT SUBSEQUENT TO THE ACQUISITION OF CONTROL. For purposes of this paragraph, the East Coast Office shall mean the people working out of the office of the Corporation located in the Washington, D.C., metropolitan area as of the date of this Agreement, and those who subsequently work in at such office as approved by the Corporation as part of the East Coast Office. The East Coast Office shall also include those VARs recruited by and working under the direction of the East Coast Office. For purposes of this paragraph, a "unit" shall consist of a server and associated hardware and the Corporation's software that allows high-speed access to the Internet, together with a service contract of at least two years duration. For purposes of definition of "unit" in this paragraph, a server and/or associated hardware may be furnished by the customer in lieu of a server and associated hardware furnished by the Corporation. A sale of a unit shall be deemed to occur or at such time as a sale is recognized by the Corporation in accordance with generally accepted accounting principles. Units which are returned to the Corporation shall be deducted from the number of Units sold. The number of Units sold less the number of Units returned shall be the net Units sold.

Performance Restrictions. The Recipient of this Option will not have the right to exercise this Option until confirmation by the Board of Directors that the following performance goals have been completed: NET SALES OF 4,000 500 UNITS SOLD BY THE EAST COAST OFFICE PRIOR BY DECEMBER 31, 1999. SALES SHALL BE DEEMED COMPLETED DURING THE FOREGOING PERIODS IF A CONTACT LEADING TO MARCH 1A SALE HAS BEEN MADE WITH A CUSTOMER DURING THE RELEVANT TIME PERIOD, 2001AND THE SALE IS COMPLETED WITHIN SIX MONTHS AFTER THE END OF THE RELEVANT TIME PERIOD. AFTER SUCH 4,000 UNITS IN NET SALES HAVE BEEN ACHIEVED, THEN THE RECIPIENT SHALL BE ENTITLED TO THE RIGHTS DESCRIBED IN SECTION 11(b), SUBJECT TO THE REQUIREMENTS AND LIMITATIONS OF SECTION 11. ANY PARTY WHICH ACQUIRES CONTROL OF THE CORPORATION SHALL BE REQUIRED TO HONOR THE RIGHTS OF ADVANTAGE SET FORTH IN THIS AGREEMENT SUBSEQUENT TO THE ACQUISITION OF CONTROL. For purposes of this paragraph, the East Coast Office shall mean the people working out of the office of the Corporation located in the Washington, D.C., metropolitan area as of the date of this Agreement, and those who subsequently work in at such office as approved by the Corporation as part of the East Coast Office. The East Coast Office shall also include those VARs recruited by and working under the direction of the East Coast Office. For purposes of this paragraph, a "unit" shall consist of a server and associated hardware and the Corporation's software that allows high-speed access to the Internet, together with a service contract of at least two years duration. For purposes of definition of "unit" in this paragraph, a server and/or associated hardware may be furnished by the customer in lieu of a server and associated hardware furnished by the Corporation. A sale of a unit shall be deemed to occur or at such time as a sale is recognized by the Corporation in accordance with generally accepted accounting principles. Units which are returned to the Corporation shall be deducted from the number of Units sold. The number of Units sold less the number of Units returned shall be the net Units sold.

Performance Restrictions. The Recipient of this Option will not have the right to exercise this Option until confirmation by the Board of Directors that the following performance goals have been completed: NET SALES OF 4,000 1,000 UNITS SOLD BY THE EAST COAST OFFICE PRIOR BY DECEMBER 31, 1999. SALES SHALL BE DEEMED COMPLETED DURING THE FOREGOING PERIODS IF A CONTACT LEADING TO MARCH 1A SALE HAS BEEN MADE WITH A CUSTOMER DURING THE RELEVANT TIME PERIOD, 2001AND THE SALE IS COMPLETED WITHIN SIX MONTHS AFTER THE END OF THE RELEVANT TIME PERIOD. AFTER SUCH 4,000 UNITS IN NET SALES HAVE BEEN ACHIEVED, THEN THE RECIPIENT SHALL BE ENTITLED TO THE RIGHTS DESCRIBED IN SECTION 11(b), SUBJECT TO THE REQUIREMENTS AND LIMITATIONS OF SECTION 11. ANY PARTY WHICH ACQUIRES CONTROL OF THE CORPORATION SHALL BE REQUIRED TO HONOR THE RIGHTS OF ADVANTAGE SET FORTH IN THIS AGREEMENT SUBSEQUENT TO THE ACQUISITION OF CONTROL. For purposes of this paragraph, the East Coast Office shall mean the people working out of the office of the Corporation located in the Washington, D.C., metropolitan area as of the date of this Agreement, and those who subsequently work in at such office as approved by the Corporation as part of the East Coast Office. The East Coast Office shall also include those VARs recruited by and working under the direction of the East Coast Office. For purposes of this paragraph, a "unit" shall consist of a server and associated hardware and the Corporation's software that allows high-speed access to the Internet, together with a service contract of at least two years duration. For purposes of definition of "unit" in this paragraph, a server and/or associated hardware may be furnished by the customer in lieu of a server and associated hardware furnished by the Corporation. A sale of a unit shall be deemed to occur or at such time as a sale is recognized by the Corporation in accordance with generally accepted accounting principles. Units which are returned to the Corporation shall be deducted from the number of Units sold. The number of Units sold less the number of Units returned shall be the net Units sold.

Performance Restrictions. The Recipient of this Option will not have the right to exercise this Option until confirmation by the Board of Directors that the following performance goals have been completed: NET SALES OF 4,000 1,000 UNITS SOLD BY THE EAST COAST OFFICE PRIOR TO IN THE 12 MONTH PERIOD BEGINNING MARCH 1, 20011999. AFTER SUCH 4,000 UNITS IN HOWEVER, IF NET SALES OF 1,000 UNITS HAVE BEEN ACHIEVEDACHIEVED BY AUGUST 31, 1999, THEN THE NUMBER OF SHARES SUBJECT TO THIS OPTION SHALL BE INCREASED BY 50,000 SHARES. SALES SHALL BE DEEMED COMPLETED DURING THE FOREGOING PERIODS IF A CONTACT LEADING TO A SALE HAS BEEN MADE WITH A CUSTOMER DURING THE RELEVANT TIME PERIOD, AND THE SALE IS COMPLETED WITHIN SIX MONTHS AFTER THE END OF THE RELEVANT TIME PERIOD. THE RECIPIENT SHALL BE ENTITLED TO THE RIGHTS DESCRIBED IN SECTION 11(b), SUBJECT TO THE REQUIREMENTS AND LIMITATIONS OF SECTION 11. ANY PARTY WHICH ACQUIRES CONTROL OF THE CORPORATION SHALL BE REQUIRED TO HONOR THE RIGHTS OF ADVANTAGE SET FORTH IN THIS AGREEMENT SUBSEQUENT TO THE ACQUISITION OF CONTROL. For purposes of this paragraph, the East Coast Office shall mean the people working out of the office of the Corporation located in the Washington, D.C., metropolitan area as of the date of this Agreement, and those who subsequently work in at such office as approved by the Corporation as part of the East Coast Office. The East Coast Office shall also include those VARs recruited by and working under the direction of the East Coast Office. For purposes of this paragraph, a "unit" shall consist of a server and associated hardware and the Corporation's software that allows high-speed access to the Internet, together with a service contract of at least two years duration. For purposes of definition of "unit" in this paragraph, a server and/or associated hardware may be furnished by the customer in lieu of a server and associated hardware furnished by the Corporation. A sale of a unit shall be deemed to occur or at such time as a sale is recognized by the Corporation in accordance with generally accepted accounting principles. Units which are returned to the Corporation shall be deducted from the number of Units sold. The number of Units sold less the number of Units returned shall be the net Units sold.