Common use of Release or Surrender Clause in Contracts

Release or Surrender. The Restricted Shares, together with any other assets or securities held in escrow hereunder, shall be subject to the following terms and conditions relating to their release from escrow or their surrender to the Company for repurchase and/or cancellation: (i) Upon any Restricted Shares becoming Vested Shares, all restrictions shall be removed from the certificates representing such Restricted Shares and the Secretary of the Company shall deliver to the Executive certificates representing such Vested Shares free and clear of all restrictions (except for any applicable securities law restrictions) within 10 business days following the date such Restricted Shares became Vested Shares. (ii) Upon the Executive’s termination of employment with the Company pursuant to Section 6, any Restricted Shares that are Vested Shares on the date of termination, and any Restricted Shares that become Vested Shares as a result of such termination, shall be released from escrow and delivered to the Executive within 10 business days following the date such Restricted Shares became Vested Shares. All Restricted Shares that have not become Vested Shares shall be forfeited by the Executive in the manner set forth in Section 3(b)(iii). (iii) Should the Executive forfeit any Restricted Shares pursuant to Section 6, then the escrowed certificates for such forfeited Restricted Shares shall be surrendered to the Company for cancellation concurrently with such forfeiture. Upon such forfeiture, the Executive shall cease to have any further rights or claims with respect to such forfeited Restricted Shares. To facilitate the performance or observance by the Executive of this Section 3(b)(iii), the Executive hereby irrevocably appoints (which appointment is coupled with an interest) the Secretary of the Company as the attorney-in-fact of the Executive to transfer any Restricted Shares so forfeited to the Company, and the Executive agrees that the transfer of stock certificates with respect to such forfeited Restricted Shares shall be specifically performable by the Company in a court of equity or law.

Release or Surrender. The Restricted Shares, together with any other assets or securities held in escrow hereunder, shall be subject to the following terms and conditions relating to their release from escrow or their surrender to the Company for repurchase and/or cancellation: (i) Upon any Restricted Shares becoming Vested Shares, all restrictions shall be removed from the certificates representing such Restricted Shares and the Secretary of the Company shall deliver to the Executive Employee certificates representing such Vested Shares free and clear of all restrictions (except for any applicable securities law restrictions) within 10 business days following the date such Restricted Shares became Vested Shares. (ii) Upon the Executive’s Employee's termination of employment with the Company pursuant to Section 6, any Restricted Shares that are Vested Shares on the date of termination, and any Restricted Shares that become Vested Shares as a result of such termination, shall be released from escrow and delivered to the Executive Employee within 10 business days following the date such Restricted Shares became Vested Shares. All Restricted Shares that have not become Vested Shares shall be forfeited by the Executive Employee in the manner set forth in Section 3(b)(iii). (iii) Should the Executive Employee forfeit any Restricted Shares pursuant to Section 6, then the escrowed certificates for such forfeited Restricted Shares shall be surrendered to the Company for cancellation concurrently with such forfeiture. Upon such forfeiture, the Executive Employee shall cease to have any further rights or claims with respect to such forfeited Restricted Shares. To facilitate the performance or observance by the Executive Employee of this Section 3(b)(iii), the Executive Employee hereby irrevocably appoints (which appointment is coupled with an interest) the Secretary of the Company as the attorney-in-fact of the Executive Employee to transfer any Restricted Shares so forfeited to the Company, and the Executive Employee agrees that the transfer of stock certificates with respect to such forfeited Restricted Shares shall be specifically performable by the Company in a court of equity or law.

Release or Surrender. The Restricted Shares, together with any other assets or securities held in escrow hereunder, shall be subject to the following terms and conditions relating to their release from escrow or their surrender to the Company for repurchase and/or cancellation: (i1) Upon any As the interest of Director in the Restricted Shares becoming Vested Shares(or any other assets and securities issued with respect thereto) vests in accordance with Section 3, the certificates for such vested shares (as well as all restrictions other assets and securities issued with respect thereto) shall be removed released from the certificates representing such Restricted Shares escrow and the Secretary of the Company shall deliver delivered to the Executive certificates representing such Vested Shares free and clear of all restrictions Director within five (except for any applicable securities law restrictions5) within 10 business days following the date such Restricted Shares became Vested Sharesbecome so vested. (ii2) Upon Director's Termination of Service (as defined in the Executive’s termination of employment with the Company pursuant to Section 6Plan), any escrowed Restricted Shares that are Vested Shares on (or other assets and securities issued with respect thereto) in which Director is at the date of termination, and any Restricted Shares that become Vested Shares as a result of such termination, time vested shall be promptly released from escrow and delivered to the Executive within 10 business days following the date such Restricted Shares became Vested Shares. All Restricted Shares that have not become Vested Shares shall be forfeited by the Executive in the manner set forth in Section 3(b)(iii)escrow. (iii3) Should the Executive Director forfeit any Restricted Shares pursuant to Section 64, then the escrowed certificates for such forfeited Restricted Shares (as well as all other assets and securities issued with respect thereto) shall be surrendered to the Company for cancellation concurrently with such forfeiture. Upon Should the Company be required to repurchase the forfeited Restricted Shares pursuant to Section 5, then, concurrently with such forfeiturecancellation, the Executive Company shall cease remit payment of the Repurchase Price to have any further rights or claims with respect to Director for such forfeited Restricted SharesShares (and all other assets and securities issued with respect thereto). To facilitate the performance or observance by the Executive Director of this Section 3(b)(iii10(b)(3), the Executive Director hereby irrevocably appoints (which appointment is coupled with an interest) the Secretary of the Company as the attorney-in-fact of the Executive Director to transfer any Restricted Shares (as well as other assets and securities issued with respect thereto) so forfeited to the Company, and the Executive Director agrees that the transfer of stock certificates (as well as all other assets and securities issued with respect thereto) with respect to such forfeited Restricted Shares shall be specifically performable by the Company in a court of equity or law.

Release or Surrender. The Restricted Shares, together with any other assets or securities held in escrow hereunder, shall be subject to the following terms and conditions relating to their release from escrow or their surrender to the Company for repurchase and/or cancellation: (i1) Upon any As the interest of Director in the Restricted Shares becoming Vested Shares(or any other assets and securities issued with respect thereto) vests in accordance with Section 3, the certificates for such vested shares (as well as all restrictions other assets and securities issued with respect thereto) shall be removed released from the certificates representing such Restricted Shares escrow and the Secretary of the Company shall deliver delivered to the Executive certificates representing such Vested Shares free and clear of all restrictions Director within five (except for any applicable securities law restrictions5) within 10 business days following the date such Restricted Shares became Vested Sharesbecome so vested, provided such Restricted Shares have not been forfeited pursuant to Section 4. (ii2) Upon Director's Termination of Service (as defined in the Executive’s termination of employment Plan), any escrowed Restricted Shares (or other assets and securities issued with respect thereto) in which Director is at the Company time vested shall be promptly released from escrow, provided such Restricted Shares have not been forfeited pursuant to Section 6, any Restricted Shares that are Vested Shares on the date of termination, and any Restricted Shares that become Vested Shares as a result of such termination, shall be released from escrow and delivered to the Executive within 10 business days following the date such Restricted Shares became Vested Shares. All Restricted Shares that have not become Vested Shares shall be forfeited by the Executive in the manner set forth in Section 3(b)(iii)4. (iii3) Should the Executive Director forfeit any Restricted Shares pursuant to Section 64, then the escrowed certificates for such forfeited Restricted Shares (as well as all other assets and securities issued with respect thereto) shall be surrendered to the Company for cancellation concurrently with such forfeiture. Upon such forfeitureShould the Company be required to repurchase the forfeited Restricted Shares pursuant to Section 5, then, concurrently with the Executive shall cease payment of the Repurchase Price to have any further rights or claims with respect to Director for such forfeited Restricted SharesShares (and all other assets and securities issued with respect thereto), the escrowed certificates for such forfeited Restricted Shares (as well as all other assets and securities issued with respect thereto) shall be surrendered to the Company for cancellation. To facilitate the performance or observance by the Executive Director of this Section 3(b)(iii10(b)(3), the Executive Director hereby irrevocably appoints (which appointment is coupled with an interest) the Secretary of the Company as the attorney-in-fact of the Executive Director to transfer any Restricted Shares (as well as other assets and securities issued with respect thereto) so forfeited to the Company, and the Executive Director agrees that the transfer of stock certificates (as well as all other assets and securities issued with respect thereto) with respect to such forfeited Restricted Shares shall be specifically performable by the Company in a court of equity or law.

Release or Surrender. The Restricted Shares, together with any other assets or securities held in escrow hereunder, shall be subject to the following terms and conditions relating to their release from escrow or their surrender to the Company for repurchase and/or cancellation: (i1) Upon any As the interest of Employee in the Restricted Shares becoming Vested Shares(or any other assets and securities issued with respect thereto) vests in accordance with Section 3, all restrictions shall be removed from the certificates representing for such Restricted Shares vested shares (as well as all other assets and the Secretary of the Company shall deliver to the Executive certificates representing such Vested Shares free and clear of all restrictions (except for any applicable securities law restrictionsissued with respect thereto) within 10 business days following the date such Restricted Shares became Vested Shares. (ii) Upon the Executive’s termination of employment with the Company pursuant to Section 6, any Restricted Shares that are Vested Shares on the date of termination, and any Restricted Shares that become Vested Shares as a result of such termination, shall be released from escrow and delivered to the Executive Employee within 10 5 business days following the date such Restricted Shares became Vested Shares. All become so vested, provided such Restricted Shares that have not become Vested Shares shall be been forfeited by the Executive in the manner set forth in pursuant to Section 3(b)(iii)4. (iii2) Upon Employee's Termination of Service (as defined in the Plan), any escrowed Restricted Shares (or other assets and securities issued with respect thereto) in which Employee is at the time vested shall be promptly released from escrow, provided such Restricted Shares have not been forfeited pursuant to Section 4. (3) Should the Executive Employee forfeit any Restricted Shares pursuant to Section 64, then the escrowed certificates for such forfeited Restricted Shares (as well as all other assets and securities issued with respect thereto) shall be surrendered to the Company for cancellation concurrently with such forfeiture. Upon such forfeitureShould the Company be required to repurchase the forfeited Restricted Shares pursuant to Section 5, then, concurrently with the Executive shall cease payment of the Repurchase Price to have any further rights or claims with respect to Employee for such forfeited Restricted SharesShares (and all other assets and securities issued with respect thereto), the escrowed certificates for such forfeited Restricted Shares (as well as all other assets and securities issued with respect thereto) shall be surrendered to the Company for cancellation. To facilitate the performance or observance by the Executive Employee of this Section 3(b)(iii10(b)(3), the Executive Employee hereby irrevocably appoints (which appointment is coupled with an interest) the Secretary of the Company as the attorney-in-fact of the Executive Employee to transfer any Restricted Shares (as well as other assets and securities issued with respect thereto) so forfeited to the Company, and the Executive Employee agrees that the transfer of stock certificates (as well as all other assets and securities issued with respect thereto) with respect to such forfeited Restricted Shares shall be specifically performable by the Company in a court of equity or law.

Release or Surrender. The Restricted Shares, together with any other assets or securities held in escrow hereunder, shall be subject to the following terms and conditions relating to their release from escrow or their surrender to the Company for repurchase and/or cancellation: (i) Upon any Restricted Shares becoming Vested Shares, all restrictions shall be removed from the certificates representing such Restricted Shares and the Secretary of the Company shall deliver to the Executive Employee certificates representing such Vested Shares free and clear of all restrictions (except for any applicable securities law restrictions) within 10 business days following the date such Restricted Shares became Vested Shares. (ii) Upon the ExecutiveEmployee’s termination of employment with the Company pursuant to Section 6, any Restricted Shares that are Vested Shares on the date of termination, and any Restricted Shares that become Vested Shares as a result of such termination, shall be released from escrow and delivered to the Executive Employee within 10 business days following the date such Restricted Shares became Vested Shares. All Restricted Shares that have not become Vested Shares shall be forfeited by the Executive Employee in the manner set forth in Section 3(b)(iii). (iii) Should the Executive Employee forfeit any Restricted Shares pursuant to Section 6, then the escrowed certificates for such forfeited Restricted Shares shall be surrendered to the Company for cancellation concurrently with such forfeiture. Upon such forfeiture, the Executive Employee shall cease to have any further rights or claims with respect to such forfeited Restricted Shares. To facilitate the performance or observance by the Executive Employee of this Section 3(b)(iii), the Executive Employee hereby irrevocably appoints (which appointment is coupled with an interest) the Secretary of the Company as the attorney-in-fact of the Executive Employee to transfer any Restricted Shares so forfeited to the Company, and the Executive Employee agrees that the transfer of stock certificates with respect to such forfeited Restricted Shares shall be specifically performable by the Company in a court of equity or law.

Release or Surrender. The Restricted Shares, together with any other assets or securities held in escrow hereunder, shall be subject to the following terms and conditions relating to their release from escrow or their surrender to the Company for repurchase and/or cancellation: (i1) Upon any As the interest of Director in the Restricted Shares becoming Vested Shares(or any other assets and securities issued with respect thereto) vests in accordance with Section 3, the certificates for such vested shares (as well as all restrictions other assets and securities issued with respect thereto) shall be removed released from the certificates representing such Restricted Shares escrow and the Secretary of the Company shall deliver delivered to the Executive certificates representing such Vested Shares free and clear of all restrictions Director within five (except for any applicable securities law restrictions5) within 10 business days following the date such Restricted Shares became Vested Sharesbecome so vested, provided such Restricted Shares have not been forfeited pursuant to Section 4. (ii2) Upon the ExecutiveDirector’s termination of employment service as a member of the Board of Directors, any escrowed Restricted Shares (or other assets and securities issued with respect thereto) in which Director is at the Company time vested shall be promptly released from escrow, provided such Restricted Shares have not been forfeited pursuant to Section 6, any Restricted Shares that are Vested Shares on the date of termination, and any Restricted Shares that become Vested Shares as a result of such termination, shall be released from escrow and delivered to the Executive within 10 business days following the date such Restricted Shares became Vested Shares. All Restricted Shares that have not become Vested Shares shall be forfeited by the Executive in the manner set forth in Section 3(b)(iii)4. (iii3) Should the Executive Director forfeit any Restricted Shares pursuant to Section 64, then the escrowed certificates for such forfeited Restricted Shares (as well as all other assets and securities issued with respect thereto) shall be surrendered to the Company for cancellation concurrently with such forfeiture. Upon such forfeitureShould the Company be required to repurchase the forfeited Restricted Shares pursuant to Section 5, then, concurrently with the Executive shall cease payment of the Repurchase Price to have any further rights or claims with respect to Director for such forfeited Restricted SharesShares (and all other assets and securities issued with respect thereto), the escrowed certificates for such forfeited Restricted Shares (as well as all other assets and securities issued with respect thereto) shall be surrendered to the Company for cancellation. To facilitate the performance or observance by the Executive Director of this Section 3(b)(iii10(b)(3), the Executive Director hereby irrevocably appoints (which appointment is coupled with an interest) the Secretary of the Company as the attorney-in-fact of the Executive Director to transfer any Restricted Shares (as well as other assets and securities issued with respect thereto) so forfeited to the Company, and the Executive Director agrees that the transfer of stock certificates (as well as all other assets and securities issued with respect thereto) with respect to such forfeited Restricted Shares shall be specifically performable by the Company in a court of equity or law.