0001104659-07-007591 Sample Contracts

THE CHEESECAKE FACTORY INCORPORATED (Non-Qualified Option)

Option Plan Agreement • February 6th, 2007 • Cheesecake Factory Incorporated • Retail-eating places

• Contract Type
  Option Plan Agreement
• Filed
  February 6th, 2007
• Company
  Cheesecake Factory Incorporated
• Industry
  Retail-eating places

This Option Agreement is made this day of , between The Cheesecake Factory Incorporated, a Delaware Corporation (the “Company”), and the person named on Schedule A attached hereto, an employee of the Company or one of its Subsidiaries (“Employee”).

FORM OF AMENDMENT TO STOCK OPTION AGREEMENTS THE CHEESECAKE FACTORY INCORPORATED AMENDMENT TO STOCK OPTION AGREEMENTS

Cheesecake Factory Incorporated • February 6th, 2007 • Retail-eating places

• Company
  Cheesecake Factory Incorporated
• Filed
  February 6th, 2007
• Industry
  Retail-eating places

THE CHEESECAKE FACTORY INCORPORATED, a Delaware corporation (the “Company”) and [NAME] (the “Option Holder”) are parties to the stock option agreements listed on Exhibit A (“Agreements”) granting Option Holder options (the “Options”) to purchase shares of the Company’s common stock subject to the terms of the Company stock plans identified on Exhibit A.