0001053352-08-000014 Sample Contracts

DIRECTOR INDEXED COMPENSATION BENEFITS AGREEMENT
Director Indexed Compensation Benefits Agreement • March 17th, 2008 • Heritage Commerce Corp • State commercial banks • California

This Agreement is made and entered into effective as of June 19, 1997 by and between Heritage Bank of Commerce, a bank chartered under the laws of the State of California (the “Bank”), and Humphrey P. Polanen, an individual residing in the State of California (the “Director”).

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DIRECTOR COMPENSATION BENEFITS AGREEMENT
Director Compensation Benefits Agreement • March 17th, 2008 • Heritage Commerce Corp • State commercial banks • California

This Agreement is made and entered into effective as of May 24, 2007 by and between Heritage Commerce Corporation ("the Bank"), and Jack W. Conner, an individual residing in the State of California (the "Director").

THE 2005 HERITAGE COMMERCE CORP SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN Effective January 1, 2005
Heritage Commerce Corp • March 17th, 2008 • State commercial banks • California

The purpose of this Supplemental Executive Retirement Plan (the “Plan”) is to provide supplemental retirement benefits for certain key employees of Heritage Commerce Corp, Heritage Bank of Commerce and subsidiaries or affiliates thereof (the “Employer”) who are employed by the Employer on, or after January 1, 2005. It is intended that the Plan will aid in retaining and attracting individuals of exceptional ability by providing them with these benefits. This Plan shall be effective as of January 1, 2005.

LIFE INSURANCE ENDORSEMENT METHOD SPLIT DOLLAR PLAN AGREEMENT
Heritage Commerce Corp • March 17th, 2008 • State commercial banks

The respective rights and duties of the Bank and the Insured in the above policy(ies) the "Policy" or "Policies" shall be as follows:

SECOND AMENDMENT TO DIRECTOR COMPENSATION BENEFITS AGREEMENT BY AND BETWEEN HERITAGE COMMERCE CORPORATION AND CHARLES J. TOENISKOETTER
Director Compensation Benefits Agreement • March 17th, 2008 • Heritage Commerce Corp • State commercial banks • California

This Second Amendment (“Second Amendment”) is made and entered into effective this January 24, 2008, by and between Heritage Commerce Corporation (hereinafter “the Bank”), and Charles J. Toeniskoetter, (hereinafter “the Director”). This Second Amendment amends the “Director Compensation Benefits Agreement” (hereinafter “Original Agreement”, effective as of May 23, 2002, by and between the Bank and the Director, thereafter amended by virtue of “Amendment 1 To Director Compensation Benefits Agreement by and Between Heritage Commerce Corporation and Charles J. Toeniskoetter” (hereinafter the “First Amendment”), as follows:

LIFE INSURANCE ENDORSEMENT METHOD SPLIT DOLLAR PLAN AGREEMENT
Method Split Dollar Plan • March 17th, 2008 • Heritage Commerce Corp • State commercial banks

The respective rights and duties of the Bank and the Insured in the above policy(ies) (hereinafter the “Policy” or “Policies”) shall be as follows:

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