Board of Directors Uses in Performance Bonus Clause

Performance Bonus from Second Amended and Restated Employment Agreement

THIS SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENT, entered into as of _______________, 2014 (this "Agreement"), is made by and between Eyegate Pharmaceuticals, Inc., a Delaware corporation (the "Employer"), and Stephen From (the "Employee").

Performance Bonus. The Employee shall be eligible to receive a performance bonus in respect of each fiscal year of the Employer. Payment of any such performance bonus and the amount, if any, of any such performance bonus shall be entirely at the discretion of the Board of Directors. In determining the amount of any performance bonus to be paid to Employee under this Section 8.2, the Board of Directors shall consider the extent to which the performance criteria established between the Employee and the Board of Directors with respect to such fiscal year has been achieved; provided, however, that in no event shall the amount of any performance bonus paid to Employee under this Section 8.2 with respect to any fiscal year exceed fifty percent (50%) of Employee's salary for such fiscal year. In the event that the Board of Directors of the Employer (organization) values">Board of Directors of the Employer determines, in its discretion, to make payment of a performance bonus to Employee pursuant to this Section 8.2, then Employer shall use best efforts to make payment of such performance bonus within sixty (60) calendar days of the end of the applicable fiscal year of the Employer. Notwithstanding anything express or implied in this Section 8.2 to the contrary, Employee must remain an employee of the Employer on the date that Employer makes payment of any performance bonus pursuant to this Section 8.2 in order to receive any performance bonus.

Performance Bonus from Amended and Restated Employment Agreement

This AMENDED AND RESTATED AGREEMENT (this Agreement) is made and entered into as of this 31st day of December, 2008, by and between Allion Healthcare, Inc., a corporation with its headquarters located at 1660 Walt Whitman Road, Melville, New York 11747 (the Employer), and Russell J. Fichera (the Executive). This Agreement amends and restates the Employment Agreement between the parties dated as of June 1, 2008 (the Original Employment Agreement).

Performance Bonus. The Executive may be awarded performance bonuses on an annual basis, commencing with a bonus that may be awarded for the 2008 calendar year, as determined by the Board of Directors or the Compensation Committee in the sole discretion of the Board of Directors or Compensation Committee (organization) values">Board of Directors or Compensation Committee, respectively; provided, however, that the bonus for any such year shall not exceed forty percent (40%) of Salary for such year. The performance bonus, if any, shall be paid to the Executive within thirty (30) days after the Board of Directors or the Compensation Committee determines whether and to what extent performance goals were achieved, but no later than March 15 next following the end of the calendar year for which the performance bonus, if any, was earned.

Performance Bonus from Employment Agreement

This AGREEMENT (this "Agreement") is made effective as of June 1, 2008 (the "Effective Date"), by and between Allion Healthcare, Inc., a corporation with its headquarters located at 1660 Walt Whitman Road, Melville, New York 11747 (the "Employer"), and Russell J. Fichera (the "Executive").

Performance Bonus. The Executive may be awarded performance bonuses on an annual basis, commencing with a bonus that may be awarded for the 2008 calendar year, as determined by the Board of Directors or the Compensation Committee in the sole discretion of the Board of Directors or Compensation Committee (organization) values">Board of Directors or Compensation Committee, respectively; provided, however, that the bonus for any such year shall not exceed forty percent (40%) of Salary for such year. The performance bonus, if any, shall be paid to the Executive within thirty (30) days after the Board of Directors or the Compensation Committee determines whether and to what extent performance goals were achieved, but no later than March 15 next following the end of the calendar year for which the performance bonus, if any, was earned.

Performance Bonus from Employment Agreement

This EMPLOYMENT AGREEMENT (Agreement) is made and entered into on February 27, 2008, by and between RTI BIOLOGICS, INC. (the Company), a Delaware corporation having its principal address at 11621 Research Circle, Alachua, Florida 32615, Guy L. Mayer (Executive), and solely for purposes of Section 16 hereof, TUTOGEN MEDICAL, INC. (the Subsidiary). The Company and Executive are collectively referred to as the Parties throughout this Agreement. For purposes of this Agreement, the Company includes any and all of its subsidiaries, affiliates, and any other company or entity owned and/or operated in whole or in part by any officer or director of the Company.

Performance Bonus. To provide a greater incentive for the Executive, a cash bonus shall be paid to the Executive during the first calendar quarter of each year of this Agreement, commencing in 2009, and based upon the performance of the Company and the performance of the Executive during the preceding year; provided, however, that the payment of any such bonus and the amount shall be within the sole discretion of the Companys Board of Directors. Any such bonus will be prorated for the year 2008 from the date hereof. In the event that Executive meets the plans and targets that are determined by the Board of Directors to be his bonus targets for any given year, then his target bonus shall be 60% of his base salary.