This excerpt taken from the EYE 10-K filed Mar 3, 2008.
2004 STOCK INCENTIVE PLANSTYLE="margin-top:0px;margin-bottom:0px" ALIGN="center">FORM OF PERFORMANCE AWARD AGREEMENT
SIZE="2">This Performance Award Agreement (the Agreement) is between Advanced Medical Optics, Inc., a Delaware Company (AMO), and you, as an Employee (as defined by the Plan), effective as of the date of grant (the
WHEREAS, AMO, pursuant to the 2004 Stock Incentive Plan
1. Performance Award. AMO hereby grants to you, effective as of the Grant Date, a performance award (the Performance
be set forth in the Performance Award Certificate (the Performance Period). The performance goals for purposes of determining whether, and the extent to which, the Performance Award will be paid are set forth in Exhibit 1 to this
Agreement, which Exhibit is made a part of this Agreement.
3. Payment. Subject to the provisions of Sections 4 and 5 of this
5. Change in Control.
6. Restriction on Transfer. The Performance
STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">7. Income Tax Matters. You acknowledge that you will consult with your personal tax advisor regarding the income tax consequences of the grant of
the Performance Award, the receipt of the Award upon any payment of the Performance Award, the subsequent disposition of any stock underlying the Award and any other matters related to this Agreement. In order to comply with all applicable federal
or state income tax laws or regulations, the Company may take such action as it deems appropriate to ensure that all applicable federal or state payroll, withholding, income or other taxes, which are your sole and absolute responsibility, are
withheld or collected from you.
FACE="Times New Roman" SIZE="2">(a) Nothing contained in this Agreement or the Plan shall confer on you any right to continue in the employ of the Company or affect in any way the right of the Company to terminate your employment at any time.
(b) You shall not have any rights of a stockholder by virtue of this Performance Award.STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">(c) The Company shall not be required to deliver any Award until the requirements of any federal or state securities laws, rules or regulations or other
laws or rules (including the rules of any securities exchange) as may be determined by the Company to be applicable are satisfied.
interpretation of this Performance Award or any provision hereof.
(f) This Agreement shall be governed by, interpreted under, and
(g) The terms of this Agreement shall be binding upon you and upon your heirs, executors, administrators, personal representatives, transferees,
(h) THIS AGREEMENT IS ATTACHED TO AND MADE A
FACE="Times New Roman" SIZE="2">* * * * * * *