Common use of Increases in Compensation Clause in Contracts

Increases in Compensation. If as of the date of the First Price Increase as defined in the RSU Agreement, the Executive’s base salary is determined to be below the 75th percentile of the base salaries paid to the second highest level executive officer in the Company’s Peer Group (as defined below), then as soon as practicable thereafter, the Board of Directors shall increase the Executive’s base salary effective as of the date of the First Price Increase to an annual amount that equals such 75th percentile. The Company’s Peer Group shall mean such group of public companies as is chosen by the Company’s compensation consultant and mutually agreed to by the Executive and the Board of Directors which group of companies generally reflect the stage of development, employee headcount, market value, financial profile and business focus of the Company as of the time of the First Price Increase. In addition, the Board of Directors shall also establish as of the First Price Increase an annual performance based bonus plan that will allow for the Executive to earn a bonus with a target payment to be calculated based on a percentage of salary that is considered to be appropriate for the second highest level executive officer for companies in the Company’s Peer Group, as advised by the Company’s compensation consultant and mutually agreed to by the Executive and the Board of Directors, and pursuant to which payments shall be made to the Executive based on achievement of performance objectives as determined by the Board of Directors.

Increases in Compensation. If as of the date of the First Price Increase as defined in the RSU Agreement, the Executive’s base salary is determined to be below the 75th percentile of the base salaries paid to the second highest level executive officer in the Company’s Peer Group (as defined below), then as soon as practicable thereafter, the Board of Directors shall increase the Executive’s base salary effective as of the date of the First Price Increase to an annual amount that equals such 75th percentile. The Company’s Peer Group shall mean such group of public companies as is chosen by the Company’s compensation consultant and mutually agreed to by the Executive and the Board of Directors which group of companies generally reflect the stage of development, employee headcount, market value, financial profile and business focus of the Company as of the time of the First Price Increase. In addition, the Board of Directors shall also establish as of the First Price Increase an annual performance based bonus plan that will allow for the Executive to earn a bonus with a target payment to be calculated based on a percentage of salary that is considered to be appropriate for the second highest level executive officer for companies in the Company’s Peer Group, as advised by the Company’s compensation consultant and mutually agreed to by the Executive and the Board of Directors, and pursuant to which payments shall be made to the Executive based on achievement of performance objectives as determined by the Board of Directors.