Construction Contract Clauses (10,726)

Construction. The section and exhibit headings herein are for convenience only and shall not affect the construction hereof. References herein to any law, statute, ordinance, code, regulation, rule or other requirement of any Governmental Authority shall be deemed to refer to such law, statute, ordinance, code, regulation, rule or other requirement of any Governmental Authority as amended, reenacted, supplemented or superseded in whole or in part and in effect from time to time and also to all rules and... regulations promulgated thereunder. View More

Construction. The section or paragraph headings or titles herein are for convenience of reference only and shall not be deemed a part of this Agreement. The parties hereto acknowledge and agree that each party has reviewed and negotiated the terms and provisions of this Agreement and has had the opportunity to contribute to its revision. Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement.... Rather, the terms of this Agreement shall be construed in a reasonable manner to effect the intentions of both parties hereto and not in favor or against either party. View More

Construction. The section and exhibit headings herein are for convenience only and shall not affect the construction hereof. References herein to any law, statute, ordinance, code, regulation, rule or other requirement of any Governmental Authority shall be deemed to refer to such law, statute, ordinance, code, regulation, rule or other requirement of any Governmental Authority as amended, reenacted, supplemented or superseded in whole or in part and in effect from time to time and also to all rules and... regulations promulgated thereunder. View More

Construction. The section or paragraph headings or titles herein are for convenience of reference only and shall not be deemed a part of this Agreement. The parties hereto acknowledge and agree that each party has reviewed and negotiated the terms and provisions of this Agreement and has had the opportunity to contribute to its revision. Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement.... Rather, the terms of this Agreement shall be construed in a reasonable manner to effect the intentions of both parties hereto and not in favor or against either party. View More

Construction. This Agreement shall be enforced, governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law principles. Each party acknowledges that such party has participated with, at its option, the advice of counsel, in the preparation of this Agreement. The language of all provisions of this Agreement shall in all cases be construed as a whole, extending to it its fair meaning, and not strictly for or against either of the parties. The parties... agree that they have jointly prepared and approved the language of the provisions of this Agreement and that should any dispute arise concerning the interpretation of any provision hereof, neither party shall be deemed the drafter nor shall any such language be presumptively construed in favor of or against either party. View More

Construction. Captions and titles contained herein are for convenience only and shall not affect the meaning or interpretation of any provision of the Plan. Except when otherwise indicated by the context, the singular shall include the plural and the plural shall include the singular. Use of the term "or" is not intended to be exclusive, unless the context clearly requires otherwise. 17 EX-10.1 2 tm2218686d1_ex10-1.htm EXHIBIT 10.1 Exhibit 10.1 EYENOVIA, INC. AMENDED AND RESTATED 2018 OMNIBUS STOCK INCENTIVE... PLAN, AS AMENDED 2018 Omnibus Stock Incentive Plan Approved by the Board and Stockholders on March 6, 2018 and June 11, 2018, respectively Amendment to 2018 Omnibus Stock Incentive Plan Approved by the Board and Stockholders on April 5, 2019 and June 11, 2019, respectively Amendment and Restatement of 2018 Omnibus Stock Incentive Plan Approved by the Board and Stockholders on April 7, 2020 and June 30, 2020, respectively Amendment to Amended and Restated 2018 Omnibus Stock Incentive Plan Approved by the Board and Stockholders on March 31, 2021 and June 16, 2021, respectively Amendment to Amended and Restated 2018 Omnibus Stock Incentive Plan Approved by the Board and Stockholders on February 28, 2022 and June 16, 2022, respectively 1. Purposes of the Plan. The purposes of this Plan are to attract and retain the best available personnel; to provide additional incentives to Employees, Directors and Consultants to contribute to the successful performance of the Company and any Related Entity; to promote the growth of the market value of the Company's Common Stock; to align the interests of Grantees with those of the Company's stockholders; and to promote the success of the Company's business. View More

Construction. The genders and numbers used in this Agreement are used as reference terms only and shall apply with the same effect whether the parties are of the masculine, neuter or feminine gender, corporate or other form, and the singular shall likewise include the plural. * * * 9 Exhibit A Performance Metrics and Targets The number of vested performance-based Restricted Stock Units will be determined by multiplying the number of performance-based Restricted Stock Units awarded under this agreement by the... percentage designated below based on the Company's achievement of the performance goals, as determined by the Plan Administrator (the Compensation Committee). Where CRA performance is between two specified levels, the percentage will be interpolated on a straight-line basis, and the number of vested performance-based Restricted Stock Units will be rounded down to the nearest whole number. [NOTE TO FORM: Performance Goals, including performance criteria, performance targets, and achievement formula to be described here.] 10 EX-10.18 6 a2231258zex-10_18.htm EX-10.18 Exhibit 10.18 CRA INTERNATIONAL, INC. 2006 EQUITY INCENTIVE PLAN RESTRICTED STOCK UNIT AWARD AGREEMENT FOR PERFORMANCE Name of Grantee: Number of Restricted Stock Units: Grant Date: CRA INTERNATIONAL, INC. (the "Company") has selected you ("Grantee") to receive an award of Restricted Stock Units identified above, subject to the attached Statement of Terms and Conditions, which is incorporated herein by reference and made a part of this Agreement, and to the provisions of the Company's 2006 Equity Incentive Plan, as may be amended from time to time (the "Plan"). By signing below you both accept this Award and acknowledge that you have read, understand, agree to and accept this Restricted Stock Unit Award Agreement for Performance (the "Agreement"). Condition: 1. This Restricted Stock Unit Award and any shares issued in respect of Restricted Stock Units pursuant thereto are subject to the Company's stock and cash ownership guidelines, as in effect from time to time (the "Ownership Guidelines"). Signed as a Massachusetts agreement under seal as of the Grant Date: CRA INTERNATIONAL, INC. By: Paul Maleh, President and CEO {Insert Holder name} STATEMENT OF TERMS AND CONDITIONS Restricted Stock Unit Award Each Restricted Stock Unit represents the right to receive one share of common stock of the Company ("Common Stock") in accordance with, and subject to, the terms of this Agreement. Capitalized terms used, but not defined, herein shall have the meanings ascribed to them in the Award. For purposes of this Agreement, Company shall also mean all of the Company's subsidiaries. The Company agrees to grant you the Award, subject to the terms and conditions of the Plan and this Agreement as follows: 1. Acceptance of Award. The Grantee shall have no rights with respect to this Award unless he/she shall have accepted this Award by signing and delivering to the Company a copy of this Agreement within thirty (30) days of the Grant Date indicated on the first page of this Agreement. View More

Construction. This Agreement shall be enforced, governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law principles. Each party acknowledges that such party has participated with, at its option, the advice of counsel, in the preparation of this Agreement. The language of all provisions of this Agreement shall in all cases be construed as a whole, extending to it its fair meaning, and not strictly for or against either of the parties. The parties... agree that they have jointly prepared and approved the language of the provisions of this Agreement and that should any dispute arise concerning the interpretation of any provision hereof, neither party shall be deemed the drafter nor shall any such language be presumptively construed in favor of or against either party. View More

Construction. Captions and titles contained herein are for convenience only and shall not affect the meaning or interpretation of any provision of the Plan. Except when otherwise indicated by the context, the singular shall include the plural and the plural shall include the singular. Use of the term "or" is not intended to be exclusive, unless the context clearly requires otherwise. 17 EX-10.1 2 tm2218686d1_ex10-1.htm EXHIBIT 10.1 Exhibit 10.1 EYENOVIA, INC. AMENDED AND RESTATED 2018 OMNIBUS STOCK INCENTIVE... PLAN, AS AMENDED 2018 Omnibus Stock Incentive Plan Approved by the Board and Stockholders on March 6, 2018 and June 11, 2018, respectively Amendment to 2018 Omnibus Stock Incentive Plan Approved by the Board and Stockholders on April 5, 2019 and June 11, 2019, respectively Amendment and Restatement of 2018 Omnibus Stock Incentive Plan Approved by the Board and Stockholders on April 7, 2020 and June 30, 2020, respectively Amendment to Amended and Restated 2018 Omnibus Stock Incentive Plan Approved by the Board and Stockholders on March 31, 2021 and June 16, 2021, respectively Amendment to Amended and Restated 2018 Omnibus Stock Incentive Plan Approved by the Board and Stockholders on February 28, 2022 and June 16, 2022, respectively 1. Purposes of the Plan. The purposes of this Plan are to attract and retain the best available personnel; to provide additional incentives to Employees, Directors and Consultants to contribute to the successful performance of the Company and any Related Entity; to promote the growth of the market value of the Company's Common Stock; to align the interests of Grantees with those of the Company's stockholders; and to promote the success of the Company's business. View More

Construction. The genders and numbers used in this Agreement are used as reference terms only and shall apply with the same effect whether the parties are of the masculine, neuter or feminine gender, corporate or other form, and the singular shall likewise include the plural. * * * 9 Exhibit A Performance Metrics and Targets The number of vested performance-based Restricted Stock Units will be determined by multiplying the number of performance-based Restricted Stock Units awarded under this agreement by the... percentage designated below based on the Company's achievement of the performance goals, as determined by the Plan Administrator (the Compensation Committee). Where CRA performance is between two specified levels, the percentage will be interpolated on a straight-line basis, and the number of vested performance-based Restricted Stock Units will be rounded down to the nearest whole number. [NOTE TO FORM: Performance Goals, including performance criteria, performance targets, and achievement formula to be described here.] 10 EX-10.18 6 a2231258zex-10_18.htm EX-10.18 Exhibit 10.18 CRA INTERNATIONAL, INC. 2006 EQUITY INCENTIVE PLAN RESTRICTED STOCK UNIT AWARD AGREEMENT FOR PERFORMANCE Name of Grantee: Number of Restricted Stock Units: Grant Date: CRA INTERNATIONAL, INC. (the "Company") has selected you ("Grantee") to receive an award of Restricted Stock Units identified above, subject to the attached Statement of Terms and Conditions, which is incorporated herein by reference and made a part of this Agreement, and to the provisions of the Company's 2006 Equity Incentive Plan, as may be amended from time to time (the "Plan"). By signing below you both accept this Award and acknowledge that you have read, understand, agree to and accept this Restricted Stock Unit Award Agreement for Performance (the "Agreement"). Condition: 1. This Restricted Stock Unit Award and any shares issued in respect of Restricted Stock Units pursuant thereto are subject to the Company's stock and cash ownership guidelines, as in effect from time to time (the "Ownership Guidelines"). Signed as a Massachusetts agreement under seal as of the Grant Date: CRA INTERNATIONAL, INC. By: Paul Maleh, President and CEO {Insert Holder name} STATEMENT OF TERMS AND CONDITIONS Restricted Stock Unit Award Each Restricted Stock Unit represents the right to receive one share of common stock of the Company ("Common Stock") in accordance with, and subject to, the terms of this Agreement. Capitalized terms used, but not defined, herein shall have the meanings ascribed to them in the Award. For purposes of this Agreement, Company shall also mean all of the Company's subsidiaries. The Company agrees to grant you the Award, subject to the terms and conditions of the Plan and this Agreement as follows: 1. Acceptance of Award. The Grantee shall have no rights with respect to this Award unless he/she shall have accepted this Award by signing and delivering to the Company a copy of this Agreement within thirty (30) days of the Grant Date indicated on the first page of this Agreement. View More