Amendment Termination and Duration Contract Clauses (79)
Grouped Into 3 Collections of Similar Clauses From Business Contracts
This page contains Amendment Termination and Duration clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Amendment Termination and Duration. (a) Amendment, Suspension, or Termination. The Board or the Committee, in its sole discretion, may amend or terminate the Plan, or any part thereof, at any time and for any reason. The amendment, suspension or termination of the Plan will not, without the consent of the Participant, alter or impair any rights or obligations under any Actual Award theretofore earned by such Participant. No award may be granted during any period of suspension or after termination of the Plan. (b) Duration of Plan.... The Plan will commence on the date specified herein, and subject to Section 7(a) (regarding the Board's and the Committee's right to amend or terminate the Plan), will remain in effect thereafter until terminated.View More
Amendment Termination and Duration. (a) Amendment, Suspension, or Termination. The Board or the Committee, each in its sole discretion, may amend or terminate the Plan, or any part thereof, at any time and for any reason. The amendment, suspension or termination of the Plan will shall not, without the consent of the Participant, alter or impair any rights or obligations under any Actual Target Award theretofore earned by granted to such Participant. No award Actual Award may be granted during any period of suspension or after term...ination of the Plan. (b) Duration 6.2.Duration of the Plan. The Plan will shall commence on the date specified herein, and subject to Section 7(a) 6.1 (regarding the Board's and Board or the Committee's right to amend or terminate the Plan), will shall remain in effect thereafter until terminated. thereafter. View More
Amendment Termination and Duration. (a) Amendment, Suspension, or Termination. The Board or the Committee, in its sole discretion, Administrator may amend or terminate the Plan, or any part thereof, at any time and for any reason. The amendment, suspension or termination of the Plan will not, without the consent of the Participant, alter or impair any rights or obligations under any Actual Award theretofore earned by such Participant. No award may be granted during any period of suspension or after termination of the Plan. (b) Dur...ation of Plan. The Plan will commence on the date specified herein, first adopted by the Board or the Compensation Committee of the Board, and subject to Section 7(a) (regarding the Board's and the Committee's Administrator's right to amend or terminate the Plan), will remain in effect thereafter until terminated. View More
Amendment Termination and Duration. (a) 7.1 Amendment, Suspension, or Termination. The Board or the Committee, in its sole discretion, Administrator may amend or terminate the Plan, or any part thereof, at any time and for any reason. The amendment, suspension or termination of the Plan will not, without the consent of the Participant, alter or impair any rights or obligations under any Actual Award theretofore earned earned by such Participant. No award may be granted during any period of suspension or after termination of the P...lan. (b) 7.2 Duration of Plan. The Plan will commence on the date specified herein, first adopted by the Board or the Compensation Committee of the Board, and subject to Section 7(a) 7.1 (regarding the Board's and the Committee's Administrator's right to amend or terminate the Plan), will remain in effect thereafter until terminated. View More
Amendment Termination and Duration. 7.1 Amendment, Suspension, or Termination. The Administrator may modify, amend, suspend or terminate the Plan, or any part thereof, at any time and for any reason. The modification, amendment, suspension or termination of the Plan will not, without the consent of the Participant, materially alter or materially impair any rights or obligations under any Actual Award earned by such Participant. No award may be granted during any period of suspension or after termination of the Plan. 7.2 Duration o...f Plan. The Plan will commence on the date first adopted by the Board or the Compensation Committee of the Board, and subject to Section 7.1 (regarding the Administrator's right to amend or terminate the Plan), will remain in effect thereafter until terminated. 7 8. Legal Construction. 8.1 Gender and Number. Unless otherwise indicated by the context, any feminine term used herein also will include the masculine and any masculine term used herein also will include the feminine; the plural will include the singular and the singular will include the plural. 8.2 Severability. If any provision of the Plan is or becomes or is deemed to be invalid, illegal, or unenforceable for any reason in any jurisdiction or as to any Participant, such invalidity, illegality, or unenforceability will not affect the remaining parts of the Plan, and the Plan will be construed and enforced as if the invalid, illegal, or unenforceable provision had not been included. 8.3 Governing Law. The Plan and all awards will be construed in accordance with and governed by the laws of the State of California, but without regard to its conflict of law provisions. For purposes of litigating any dispute that arises under this Plan, a Participant's acceptance of an award is his or her consent to the jurisdiction of the State of California, and agreement that any such litigation will be conducted in San Mateo County, California, or the federal courts for the United States for the Northern District of California, and no other courts, regardless of where a Participant's services are performed. 8.4 Bonus Plan. The Plan is intended to be a "bonus program" as defined under U.S. Department of Labor regulations section 2510.3-2(c) and will be construed and administered in accordance with such intention. 8.5 Headings. Headings are provided herein for convenience only, and will not serve as a basis for interpretation or construction of the Plan.View More
Amendment Termination and Duration. 7.1 Amendment, Suspension, or Termination. The Administrator may modify, amend, suspend amend or terminate the Plan, or any part thereof, at any time and for any reason. The modification, amendment, suspension or termination of the Plan will not, without the consent of the Participant, materially alter or materially impair any rights or obligations under any Actual Award earned by such Participant. No award may be granted during any period of suspension or after termination of the Plan. Any paym...ents under this Plan, including the method of calculating such payments, do not create any contractual or other acquired right to participate in a similar Plan, receive any similar payments (or benefits in lieu) or have the Participant's payments calculated in a certain way in the future. The actual or anticipated value of any awards under the Plan will not be taken into account in assessing any other employment benefits or termination payments, including any payments in lieu of notice or severance, except as required by applicable law. 7.2 Duration of Plan. The Plan will commence on the date first adopted by the Board or the Compensation Committee of the Board, and subject to Section 7.1 (regarding the Administrator's right to amend or terminate the Plan), will remain in effect thereafter until terminated. 7 -7- 8. Legal Construction. 8.1 Gender and Number. Unless otherwise indicated by the context, any feminine term used herein also will include the masculine and any masculine term used herein also will include the feminine; the plural will include the singular and the singular will include the plural. 8.2 Severability. If any provision of the Plan is or becomes or is deemed to be invalid, illegal, or unenforceable for any reason in any jurisdiction or as to any Participant, such invalidity, illegality, or unenforceability will not affect the remaining parts of the Plan, and the Plan will be construed and enforced as if the invalid, illegal, or unenforceable provision had not been included. 8.3 Governing Law. The Plan and all awards and all determinations made and actions taken under the Plan will be construed in accordance with and governed by the laws of the State of California, Maryland, but without regard to its conflict of law provisions. For purposes of litigating any dispute that arises under this Plan, a Participant's acceptance of an award is his or her consent to the jurisdiction of the State of California, Maryland resides, and agreement that any such litigation will be conducted in San Mateo Montgomery County, California, Maryland, or the federal courts for the United States for the Northern District of California, Maryland, and no other courts, regardless of where a Participant's services are performed. Notwithstanding the foregoing, an Applicable Appendix may provide that, with respect to the Participant, the Plan and one or more awards and determinations actions taken under the Plan will be construed in accordance with and governed by, the country where the Participant permanently resides or, to the fullest extent permitted by applicable law, such other jurisdiction as the Applicable Appendix may provide, and may provide for consent to jurisdiction, and agreement that litigation will be conducted in, the country where the Participant permanently resides or, to the fullest extent permitted by applicable law, such other jurisdiction as the Applicable Appendix may provide. 8.4 Bonus Plan. The Plan is intended to be a "bonus program" as defined under U.S. Department of Labor regulations section 2510.3-2(c) and will be construed and administered in accordance with such intention. 8.5 Headings. Headings are provided herein for convenience only, and will not serve as a basis for interpretation or construction of the Plan. View More
Amendment Termination and Duration. 7.1 Amendment, Suspension, or Termination. The Administrator may modify, amend, suspend amend or terminate the Plan, or any part thereof, at any time and for any reason. The modification, amendment, suspension or termination of the Plan will not, without the consent of the Participant, materially alter or materially impair any rights or obligations under any Actual Award earned by such Participant. No award may be granted during any period of suspension or after termination of the Plan. Any paym...ents under this Plan, including the method of calculating such payments, do not create any contractual or other acquired right to participate in a similar Plan, receive any similar payments (or benefits in lieu) or have the Participant's payments calculated in a certain way in the future. The actual or anticipated value of any awards under the Plan will not be taken into account in assessing any other employment benefits or termination payments, including any payments in lieu of notice or severance, except as required by applicable law. 7.2 Duration of Plan. The Plan will commence on the date first adopted by the Board or the Compensation Committee of the Board, and subject to Section 7.1 (regarding the Administrator's right to amend or terminate the Plan), will remain in effect thereafter until terminated. 7 -7- 8. Legal Construction. 8.1 Gender and Number. Unless otherwise indicated by the context, any feminine term used herein also will include the masculine and any masculine term used herein also will include the feminine; the plural will include the singular and the singular will include the plural. 8.2 Severability. If any provision of the Plan is or becomes or is deemed to be invalid, illegal, or unenforceable for any reason in any jurisdiction or as to any Participant, such invalidity, illegality, or unenforceability will not affect the remaining parts of the Plan, and the Plan will be construed and enforced as if the invalid, illegal, or unenforceable provision had not been included. 8.3 Governing Law. The Plan and all awards and all determinations made and actions taken under the Plan will be construed in accordance with and governed by the laws of the State of California, Colorado, but without regard to its conflict of law provisions. For purposes of litigating any dispute that arises under this Plan, a Participant's acceptance of an award is his or her consent to the jurisdiction of the State of California, Colorado, and agreement that any such litigation will be conducted in San Mateo Boulder County, California, Colorado, or the federal courts for the United States for the Northern District of California, Colorado, and no other courts, regardless of where a Participant's services are performed. Notwithstanding the foregoing, an Applicable Appendix may provide that, with respect to the Participant, the Plan and one or more awards and determinations actions taken under the Plan will be construed in accordance with and governed by, the country where the Participant permanently resides or, to the fullest extent permitted by applicable law, such other jurisdiction as the Applicable Appendix may provide, and may provide for consent to jurisdiction, and agreement that litigation will be conducted in, the country where the Participant permanently resides or, to the fullest extent permitted by applicable law, such other jurisdiction as the Applicable Appendix may provide. 8.4 Bonus Plan. The Plan is intended to be a "bonus program" as defined under U.S. Department of Labor regulations section 2510.3-2(c) and will be construed and administered in accordance with such intention. 8.5 Headings. Headings are provided herein for convenience only, and will not serve as a basis for interpretation or construction of the Plan. View More
Amendment Termination and Duration. 7.1 (a) Amendment, Suspension, or Termination. The Administrator Board or the Committee, in its sole discretion, may modify, amend, suspend amend or terminate the Plan, or any part thereof, at any time and for any reason. The modification, amendment, suspension or termination of the Plan will not, without the consent of the Participant, materially alter or materially impair any rights or obligations under any Actual Award theretofore earned by such Participant. No award may be granted during any... period of suspension or after termination of the Plan. 7.2 (b) Duration of Plan. The Plan will commence on the date first adopted by the Board or the Compensation Committee of the Board, Committee, and subject to Section 7.1 7(a) (regarding the Administrator's Board's and/or the Committee's right to amend or terminate the Plan), will remain in effect thereafter until terminated. 7 -5- 8. Legal Construction. 8.1 (a) Gender and Number. Unless Except where otherwise indicated by the context, any masculine term used herein also will include the feminine and any feminine term used herein also will include the masculine and any masculine term used herein also will include the feminine; masculine; the plural will include the singular and the singular will include the plural. 8.2 (b) Severability. If In the event any provision of the Plan is will be held illegal or becomes or is deemed to be invalid, illegal, or unenforceable invalid for any reason in any jurisdiction reason, the illegality or as to any Participant, such invalidity, illegality, or unenforceability invalidity will not affect the remaining parts of the Plan, and the Plan will be construed and enforced as if the invalid, illegal, illegal or unenforceable invalid provision had not been included. 8.3 (c) Requirements of Law. The granting of awards under the Plan will be subject to all applicable laws, rules and regulations, and to such approvals by any governmental agencies or national securities exchanges as may be required. (d) Governing Law. The Plan and all awards will be construed in accordance with and governed by the laws of the State of California, but without regard to its conflict of law provisions. For purposes of litigating any dispute that arises under this Plan, a Participant's acceptance of an award is his or her consent to the jurisdiction of the State of California, and agreement that any such litigation will be conducted in San Mateo County, California, or the federal courts for the United States for the Northern District of California, and no other courts, regardless of where a Participant's services are performed. 8.4 (e) Bonus Plan. The Plan is intended to be a "bonus program" as defined under U.S. Department of Labor regulations section regulation 2510.3-2(c) and will be construed and administered in accordance with such intention. 8.5 Headings. Headings (f) Captions. Captions are provided herein for convenience only, and will not serve as a basis for interpretation or construction of the Plan. * * * -6- EX-10.9 7 d447521dex109.htm EX-10.9 EX-10.9 Exhibit 10.9 ALLAKOS INC. EXECUTIVE INCENTIVE COMPENSATION PLAN 1. Purposes of the Plan. The Plan is intended to increase stockholder value and the success of the Company by motivating Employees to (i) perform to the best of their abilities and (ii) achieve the Company's objectives. View More
Amendment Termination and Duration. (a)Amendment, Suspension, or Termination. The Board, in its sole discretion, may amend or terminate the Plan, or any part thereof, at any time and for any reason. The amendment, suspension or termination of the Plan will not, without the consent of the Participant, alter or impair any rights or obligations under any Actual Award theretofore earned by such Participant. No award may be granted during any period of suspension or after termination of the Plan. (b)Duration of Plan. The Plan will comm...ence on the date specified herein, and subject to Section 7(a) (regarding the Board's right to amend or terminate the Plan), will remain in effect thereafter. 2015 Bonus Plan Appendix A -5- 8.Legal Construction. (a)Gender and Number. Except where otherwise indicated by the context, any masculine term used herein also will include the feminine; the plural will include the singular and the singular will include the plural. (b)Severability. In the event any provision of the Plan will be held illegal or invalid for any reason, the illegality or invalidity will not affect the remaining parts of the Plan, and the Plan will be construed and enforced as if the illegal or invalid provision had not been included. (c)Requirements of Law. The granting of awards under the Plan will be subject to all applicable laws, rules and regulations, and to such approvals by any governmental agencies or national securities exchanges as may be required. (d)Governing Law. The Plan and all awards will be construed in accordance with and governed by the laws of the State of California, but without regard to its conflict of law provisions. (e)Bonus Plan. The Plan is intended to be a "bonus program" as defined under U.S. Department of Labor regulation 2510.3-2(c) and will be construed and administered in accordance with such intention. (f)Captions. Captions are provided herein for convenience only, and will not serve as a basis for interpretation or construction of the Plan. 2015 Bonus Plan Appendix A -6- APPENDIX A-2015 Q4 To RingCentral, Inc. Bonus Plan 2015 Fourth Quarter Performance Goals (Effective as of October 1, 2015) 1. 2015 Q4 Performance Period and Performance Goals. For the fourth quarter of calendar year 2015, there is one quarterly Performance Period, ending on December 31 (the "2015 Q4 Performance Period"). For the 2015 Q4 Performance Period, there are two equally weighted (50% each) performance goals (each, a "2015 Q4 Performance Goal"): Revenue and Operating Margin (each as defined below). The chart below set forth the Revenue and Operating Margin Performance Goals for the 2015 Q4 Performance Period. 2015 Q4 Performance Period Revenue Performance Goal (in millions) Operating Margin Performance Goal Q4 $80.4 0.00% "Revenue" means as to the 2015 Q4 Performance Period, the Company's net revenues generated from third parties, including both services revenues and product revenues as defined in the Company's Form 10-K filed for the fiscal year ended December 31, 2014. Net revenue is defined as gross sales less any pertinent discounts, refunds or other contra-revenue amounts, as presented on the Company's press releases reporting its quarterly financial results. "Operating Margin" means as to the 2015 Q4 Performance Period, the Company's non-GAAP operating income divided by its Revenue. Non-GAAP operating income means the Company's Revenues less cost of revenues and operating expenses, excluding the impact of stock-based compensation expense, amortization of acquisition related intangibles, legal settlement related charges and as adjusted for certain acquisitions, as presented on the Company's press releases reporting its quarterly financial results.View More
Amendment Termination and Duration. (a)Amendment, Suspension, or Termination. The Board, in its sole discretion, may amend or terminate the Plan, or any part thereof, at any time and for any reason. The amendment, suspension or termination of the Plan will not, without the consent of the Participant, alter or impair any rights or obligations under any Actual Award theretofore earned by such Participant. No award may be granted during any period of suspension or after termination of the Plan. (b)Duration of Plan. The Plan will comm...ence on the date specified herein, and subject to Section 7(a) (regarding the Board's right to amend or terminate the Plan), will remain in effect thereafter. 2015 Bonus Plan Appendix A -5- 8.Legal Construction. (a)Gender and Number. Except where otherwise indicated by the context, any masculine term used herein also will include the feminine; the plural will include the singular and the singular will include the plural. (b)Severability. In the event any provision of the Plan will be held illegal or invalid for any reason, the illegality or invalidity will not affect the remaining parts of the Plan, and the Plan will be construed and enforced as if the illegal or invalid provision had not been included. (c)Requirements of Law. The granting of awards under the Plan will be subject to all applicable laws, rules and regulations, and to such approvals by any governmental agencies or national securities exchanges as may be required. (d)Governing Law. The Plan and all awards will be construed in accordance with and governed by the laws of the State of California, but without regard to its conflict of law provisions. (e)Bonus Plan. The Plan is intended to be a "bonus program" as defined under U.S. Department of Labor regulation 2510.3-2(c) and will be construed and administered in accordance with such intention. (f)Captions. Captions are provided herein for convenience only, and will not serve as a basis for interpretation or construction of the Plan. 2015 Bonus Plan Appendix A -6- APPENDIX A-2015 Q4 A-2018 To RingCentral, Inc. Executive Bonus Plan 2015 Fourth Quarter 2018 Performance Goals (Effective as of October January 1, 2015) 2018) 1. 2015 Q4 2018 Performance Period Periods and Performance Goals. For the fourth quarter of calendar year 2015, 2018, there is one are four quarterly Performance Period, Periods, ending on March 31, June 30, September 30 and December 31 (the "2015 Q4 31, 2018 (each, a "2018 Performance Period"). For each of the 2015 Q4 four 2018 Performance Period, Periods, there are two equally weighted (50% each) performance goals (each, a "2015 Q4 "2018 Performance Goal"): Revenue and Operating Margin (each as defined below). The chart below set forth the Revenue and Operating Margin Performance Goals for the 2015 Q4 four 2018 Performance Period. 2015 Q4 Periods. 2018 Performance Period Revenue Performance Goal (in millions) Operating Margin Performance Goal Q1 $147.5 7.6% Q2 $156.6 8.3% Q3 $167.4 8.4% Q4 $80.4 0.00% $179.3 8.7% "Revenue" means as to each of the 2015 Q4 2018 Performance Period, Periods, the Company's net revenues generated from third parties, including both services revenues and product revenues as defined in the Company's Form 10-K filed for the fiscal calendar year ended December 31, 2014. 2017. Net revenue is defined as gross sales less any pertinent discounts, refunds or other contra-revenue amounts, as presented on the Company's press releases reporting its quarterly financial results. "Operating Margin" means as to each of the 2015 Q4 2018 Performance Period, Periods, the Company's non-GAAP operating income divided by its Revenue. Non-GAAP operating income means the Company's Revenues less cost of revenues and operating expenses, excluding the impact of stock-based compensation expense, amortization of acquisition related intangibles, legal settlement related charges and as adjusted for certain acquisitions, as presented on the Company's press releases reporting its quarterly financial results. View More
