THE PLAN BY THE COMMITTEE, AS PROVIDED UNDER ARTICLE III OF
THE PLAN.
2.15
"PATENT LICENSING AND ENFORCEMENT PROGRAM" SHALL MEAN THE COMPANY'S
ONGOING GENERAL EFFORTS TO SECURE LICENSE AGREEMENTS WITH, AND OTHERWISE PURSUE
REMEDIAL ACTIONS AGAINST AND OBTAIN RECOVERIES FROM, VARIOUS THIRD PARTIES WHO,
IN THE COMPANY'S JUDGMENT, HAVE HISTORICALLY INFRINGED AND/OR ARE CURRENTLY
INFRINGING ONE OR MORE OF THE COMPANY'S PATENTS.
2.16
"PERFORMANCE CYCLE" SHALL MEAN EACH FULL CALENDAR YEAR DURING THE
TERM HEREOF, BEGINNING ON JANUARY 1 AND ENDING ON DECEMBER 31, EXCEPT WHERE THE
TERMINATION DATE OCCURS OTHER THAN
ON (OR EFFECTIVE AS OF) THE CLOSE OF
BUSINESS ON DECEMBER 31,
IN WHICH CASE, AS TO THE FINAL PERFORMANCE CYCLE ONLY,
THE PERFORMANCE CYCLE SHALL BE THAT PERIOD OF TIME BEGINNING ON JANUARY 1
IMMEDIATELY PRECEDING THE TERMINATION DATE AND ENDING ON THE TERMINATION DATE.
2.17
"PLAN" SHALL MEAN THE COMPANY'S INCENTIVE BONUS PLAN, AS SET FORTH
HEREIN.
2.18
"PLAN ADMINISTRATOR" SHALL MEAN THAT INDIVIDUAL APPOINTED BY THE
COMMITTEE TO ASSIST THE COMMITTEE WITH THE ADMINISTRATION OF THE PLAN.
2.19
"RETIRES" SHALL MEAN THE TERMINATION BY AN EMPLOYEE OF HIS
EMPLOYMENT WITH THE COMPANY AFTER HE ATTAINS THE AGE OF
65 YEARS OF AGE.
2.20
"TERMINATION DATE" SHALL MEAN THE EFFECTIVE DATE OF THE TERMINATION
OF THE PLAN.
2.21
"TERMINATION OF EMPLOYMENT" SHALL MEAN A PARTICIPANT'S SEPARATION
FROM SERVICE WITH THE COMPANY, VOLUNTARILY OR INVOLUNTARILY, FOR ANY REASON
OTHER THAN BECAUSE THE PARTICIPANT RETIRES, SUFFERS A DISABILITY OR DIES.
ARTICLE III
PERFORMANCE CYCLES
Unless this Plan is earlier terminated by the Committee in accordance herewith,
the first Performance Cycle will begin on the Effective Date and will end on
December 31, 2006; the second Performance Cycle will begin on January 1, 2007,
and will end on December 31, 2007; and the third and final Performance Cycle
will begin on January 1, 2008 and will end on December 31, 2008.
ARTICLE IV
ELIGIBILITY AND PARTICIPATION
4.01
ELIGIBILITY AND SELECTION.
ANY EMPLOYEE OR CONSULTANT IS ELIGIBLE
TO PARTICIPATE IN THE PLAN, SUBJECT TO BEING SELECTED FOR PARTICIPATION BY THE
COMMITTEE.
AT SUCH TIME AND FROM TIME TO TIME AS APPROPRIATE, WHETHER BEFORE
THE COMMENCEMENT OF OR DURING A PARTICULAR PERFORMANCE CYCLE, THE COMMITTEE
SHALL DESIGNATE THE
EMPLOYEE(S) AND/OR CONSULTANT(S) WHO WILL BE PARTICIPANTS IN THE PLAN FOR THAT
PERFORMANCE CYCLE.
AN EMPLOYEE'S OR CONSULTANT'S SELECTION FOR PARTICIPATION IN
THE PLAN FOR A PARTICULAR PERFORMANCE CYCLE SHALL BE BASED ON THE CURRENT
RESPONSIBILITIES AND CONTRIBUTIONS TO THE COMPANY'S PATENT LICENSING AND
ENFORCEMENT PROGRAM OF THE EMPLOYEE OR CONSULTANT AS DETERMINED BY THE COMMITTEE
IN ITS SOLE DISCRETION.
THE COMMITTEE MAY IDENTIFY AND DESIGNATE AT ANY TIME
AND FROM TIME TO TIME TO A NEW PARTICIPANT DURING A PERFORMANCE CYCLE.
4.02
LIMITS OF PARTICIPATION.
AN EMPLOYEE'S OR CONSULTANT'S SELECTION
BY THE COMMITTEE AS A PARTICIPANT FOR ONE PERFORMANCE CYCLE DOES NOT GUARANTEE
THAT SUCH EMPLOYEE OR CONSULTANT WILL BE SELECTED AS A PARTICIPANT FOR ANY
FUTURE PERFORMANCE CYCLE.
4.03
CONDITION OF PARTICIPATION.
THE COMMITTEE MAY ADOPT ONE OR MORE