Board Uses in Amendment Clause

Amendment from Employment Agreement

This EMPLOYMENT AGREEMENT (this Agreement), entered into effective as of December 31st, 2016, is made by and between BJ Services, LLC, a Delaware limited liability company (the Company), and Caleb Barclay (Employee). The Company and Employee are sometimes hereafter referred to individually as a Party, and collectively as the Parties.

Amendment. Except as otherwise expressly provided herein, this Agreement may be amended at any time only by written agreement between the Company (with the written approval of the Board) and Employee, and any provision hereof may be waived only in writing by the Party who is so waiving (which waiver, if being made by the Company, shall require written approval of the Board).

Amendment from Employment Agreement

This EMPLOYMENT AGREEMENT (this Agreement), entered into as of January 16, 2017, is made by and between BJ Services, LLC, a Delaware limited liability company (the Company), and Evelyn Angelle (Employee). The Company and Employee are sometimes hereafter referred to individually as a Party, and collectively as the Parties.

Amendment. Except as otherwise expressly provided herein, this Agreement may be amended at any time only by written agreement between the Company (with the written approval of the Board) and Employee, and any provision hereof may be waived only in writing by the Party who is so waiving (which waiver, if being made by the Company, shall require written approval of the Board).

Amendment from Employment Agreement

This EMPLOYMENT AGREEMENT (this Agreement), entered into effective as of January 1st, 2017, is made by and between BJ Services, LLC, a Delaware limited liability company (the Company), and Warren Zemlak (Employee). The Company and Employee are sometimes hereafter referred to individually as a Party, and collectively as the Parties.

Amendment. Except as otherwise expressly provided herein, this Agreement may be amended at any time only by written agreement between the Company (with the written approval of the Board) and Employee, and any provision hereof may be waived only in writing by the Party who is so waiving (which waiver, if being made by the Company, shall require written approval of the Board).

Amendment from Amendment to Employment Agreement

This Amendment, dated as of June 29, 2017 (the Amendment), to the Employment Agreement, dated January 1, 2017 (the Employment Agreement), is entered into between Jeff T. Hutchins, Ph.D. (Executive) and Heat Biologics, Inc. (Corporation).

Amendment. The first sentence of Section 1(a) shall be revised and replaced with the following: (a) The Corporation hereby engages and employs Executive as the Chief Scientific and Operating Officerof the Corporation and Executive hereby accepts such engagement and employment for the Term (as defined in Section 2). Section 3(a)(i) of the Employment Agreement is hereby deleted and replaced with the following: (i) Executive shall receive an annual base salary of Three Hundred Thirty-Five Thousand Dollars ($335,000) for the Term (the Base Salary), payable semi-monthly, which Base Salary may be reviewed and increased on an annual basis by the Board or a committee thereof to reflect the rate of inflation in effect at such time.

Amendment from Amendment to Employment Agreement

This Amendment, dated as of June 29, 2017 (the Amendment), to the Employment Agreement, dated April 5, 2016, as amended on January 1, 2017 (the Employment Agreement), is entered into between Ann Rosar (Executive) and Heat Biologics, Inc. (Corporation).

Amendment. Section 3(a)(i) of the Employment Agreement is hereby deleted and replaced with the following: (i) Executive shall receive an annual base salary of Two Hundred Twenty-Five Thousand Dollars ($225,000) for the Term (the Base Salary), payable semi-monthly, which Base Salary may be reviewed and increased on an annual basis by the Board or a committee thereof to reflect the rate of inflation in effect at such time.

Amendment from Stock Option Award Agreement

This Award Agreement is entered into by and between H&R Block, Inc., a Missouri corporation ("H&R Block"), and [Participant Name] ("Participant").

Amendment. No amendment, supplement, or waiver to this Award Agreement is valid or binding unless in writing and signed on behalf of H&R Block by an officer of H&R Block, and, if materially adverse to Participant, signed by Participant.4.18 Execution of Agreement. This Award Agreement shall not be enforceable by either party, and Participant shall have no rights with respect to the Awards made hereunder, unless and until it has been (a) signed by Participant within 180 days of the Grant Date, (b) signed on behalf of H&R Block by an officer of H&R Block, and (c) returned to H&R Block.This Award Agreement may be signed by the parties via facsimile or electronic signature, as acceptable to Company, and may be signed by H&R Block via stamped signature.4.19 WAIVER OF JURY TRIAL. PARTICIPANT KNOWINGLY, VOLUNTARILY AND IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING, ACTION OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT.5. Definitions. Whenever a term is used in this Award Agreement, the following words and phrases shall have the meanings set forth below or as set forth in the Plan unless the context plainly requires a different meaning, and when a defined meaning is intended, the term is capitalized.5.1 Amount of Gain Realized. The Amount of Gain Realized shall be equal to the number of shares of Common Stock purchased pursuant to an exercise of this Stock Option multiplied by the difference between the actual market price of one share of Common Stock at the time of exercise and the Option Price; provided, however, to the extent the actual market price of one share of Common Stock at the time of exercise cannot be determined, the Amount of Gain Realized shall be equal to the number of shares of Common Stock purchased pursuant to an exercise of this Stock Option multiplied by the difference between the Fair Market Value of Common Stock on the date of exercise and the Option Price.5.2 Board. Board means the Board of Directors of H&R Block (organization) values">Board of Directors of H&R Block.5.3 Cause. Cause means those actions or omissions that constitute cause for termination under the written Company severance plan that applies to Participant. If no severance plan applies to Participant or if the applicable severance plan does not define "Cause," then Cause shall have the meaning found in the H&R Block Severance Plan, or any successor to that plan. Notwithstanding any of the foregoing, if Participant has a standalone employment agreement with Company and such employment agreement includes a definition for cause, the definition of cause in the employment agreement shall apply.5.4 Change in Control. Change in Control means the occurrence of one or more of the following events:

Amendment from Notice

Paratek Pharmaceuticals, Inc. (the "Company"), pursuant to Section 6(a) of the Company's 2017 Inducement Plan (the "Plan"), hereby awards to Participant a Restricted Stock Unit Award for the number of shares of the Company's Common Stock ("Restricted Stock Units") set forth below (the "Award"). The Award is subject to all of the terms and conditions as set forth in this notice of grant (this "Restricted Stock Unit Grant Notice") and in the Plan and the Restricted Stock Unit Award Agreement (the "Award Agreement"), both of which are attached hereto and incorporated herein in their entirety. Capitalized terms not explicitly defined herein shall have the meanings set forth in the Plan or the Award Agreement. In the event of any conflict between the terms in the Award and the Plan, the terms of the Plan shall control.

Amendment. This Agreement may not be modified, amended or terminated except by an instrument in writing, signed by you and by a duly authorized representative of the Company. Notwithstanding the foregoing, this Agreement may be amended solely by the Board by a writing which specifically states that it is amending this Agreement, so long as a copy of such amendment is delivered to you, and provided that, except as otherwise expressly provided in the Plan, no such amendment materially adversely affecting your rights hereunder may be made without your written consent. Without limiting the foregoing, the Board reserves the right to change, by written notice to you, the provisions of this Agreement in any way it may deem necessary or advisable to carry out the purpose of the Award as a result of any change in applicable laws or regulations or any future law, regulation, ruling, or judicial decision, provided that any such change shall be applicable only to rights relating to that portion of the Award which is then subject to restrictions as provided herein.

AMENDMENT from Equity Incentive Plan

Myovant Sciences Ltd. (the "Company"), pursuant to its 2016 Equity Incentive Plan (the "Plan"), hereby awards to Participant a Restricted Stock Unit Award for the number of shares of the Company's Common Stock ("Restricted Stock Units") set forth below (the "Award"). The Award is subject to all of the terms and conditions as set forth in this notice of grant (this "Restricted Stock Unit Grant Notice"), and in the Plan and the Restricted Stock Unit Award Agreement (the "Award Agreement"), both of which are attached hereto and incorporated herein in their entirety. Capitalized terms not explicitly defined herein shall have the meanings set forth in the Plan or the Award Agreement. In the event of any conflict between the terms in this Restricted Stock Unit Grant Notice or the Award Agreement and the Plan, the terms of the Plan shall control.

AMENDMENT. This Agreement may not be modified, amended or terminated except by an instrument in writing, signed by you and by a duly authorized representative of the Company. Notwithstanding the foregoing, this Agreement may be amended solely by the Board by a writing which specifically states that it is amending this Agreement, so long as a copy of such amendment is delivered to you, and provided that, except as otherwise expressly provided in the Plan, no such amendment materially adversely affecting your rights hereunder may be made without your written consent. Without limiting the foregoing, the Board reserves the right to change, by written notice to you, the provisions of this Agreement in any way it may deem necessary or advisable to carry out the purpose of the Award as a result of any change in applicable laws or regulations or any future law, regulation, ruling, or judicial decision, provided that any such change shall be applicable only to rights relating to that portion of the Award which is then subject to restrictions as provided herein.

AMENDMENT from Equity Incentive Plan

Apollo Endosurgery, Inc. (the "Company"), pursuant to its 2017 Equity Incentive Plan (the "Plan"), hereby awards to Participant a Restricted Stock Unit Award for the number of shares of the Company's Common Stock ("Restricted Stock Units") set forth below (the "Award"). The Award is subject to all of the terms and conditions as set forth in this notice of grant (this "Restricted Stock Unit Grant Notice") and in the Plan and the Restricted Stock Unit Agreement (the "Award Agreement"), both of which are attached hereto and incorporated herein in their entirety. Capitalized terms not otherwise defined herein will have the meanings set forth in the Plan or the Award Agreement. In the event of any conflict between the terms in the Award and the Plan, the terms of the Plan will control.

AMENDMENT. This Award Agreement may not be modified, amended or terminated except by an instrument in writing, signed by you and by a duly authorized representative of the Company. Notwithstanding the foregoing, this Award Agreement may be amended solely by the Board by a writing which specifically states that it is amending this Award Agreement, so long as a copy of such amendment is delivered to you, and provided that, except as otherwise expressly provided in the Plan, no such amendment materially adversely affecting your rights hereunder may be made without your written consent. Without limiting the foregoing, the Board reserves the right to change, by written notice to you, the provisions of this Award Agreement in any way it may deem necessary or advisable to carry out the purpose of the Award as a result of any change in applicable laws or regulations or any future law, regulation, ruling, or judicial decision, provided that any such change will be applicable only to rights relating to that portion of the Award which is then subject to restrictions as provided herein.

Amendment from Restricted Share Unit Agreement

This Restricted Share Unit Agreement ("Agreement") is made effective as of ___________, 2013 ("Award Date") by and between Ascendant Solutions, Inc. ("Company") and ________________ ("Participant"). Any capitalized term used but not defined herein shall have the meaning given such term in the Ascendant Solutions, Inc. Restricted Share Unit Incentive Plan, as amended ("Plan").

Amendment. This Agreement made by amended only by a writing executed by the Board and Participant. Notwithstanding the foregoing, this Agreement may be amended unilaterally by the Board if such amendment is in writing, delivered to Participant, and does not adversely affect the rights of Participant under this Agreement. Without limiting the foregoing, in the event the Board, in its sole and absolute discretion, determines that an amendment to the Plan or Award Agreement is required or advisable to ensure that this Award is exempt from Section 409A of the Internal Revenue Code of 1986, as amended, such amendment shall be deemed to not impair the rights of Participant and shall not require the consent of Participant.