Legal Construction Contract Clauses (321)

Grouped Into 10 Collections of Similar Clauses From Business Contracts

This page contains Legal Construction clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
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 include...d. (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 Washington, 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. 6 EX-10.5 8 a2234981zex-10_5.htm EX-10.5 Exhibit 10.5 NLIGHT, 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 (a) perform to the best of their abilities, and (b) achieve the Company's objectives. View More
Found in NLIGHT, INC. contract
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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 include...d. (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 Washington, 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. 6 EX-10.5 8 a2234981zex-10_5.htm EX-10.5 -6- EX-10.10 13 d550248dex1010.htm EX-10.10 EX-10.10 Exhibit 10.5 NLIGHT, 10.10 ALECTOR, 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 (a) (i) perform to the best of their abilities, abilities and (b) (ii) achieve the Company's objectives. View More
Found in Alector, Inc. contract
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 include...d. (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 Washington, 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. 6 EX-10.5 -6- EX-10.10 8 a2234981zex-10_5.htm EX-10.5 d727772dex1010.htm EX-10.10 EX-10.10 Exhibit 10.5 NLIGHT, 10.10 MEDALLIA, INC. EXECUTIVE INCENTIVE COMPENSATION PLAN 1. Purposes of the Plan. The Plan is intended to increase stockholder shareholder value and the success of the Company by motivating Employees to (a) perform to the best of their abilities, abilities and (b) achieve the Company's objectives. View More
Found in Medallia, Inc. contract
Legal Construction. (a) Gender and Number. Except where otherwise indicated by the context, any masculine term used herein also will include the feminine; feminine and any feminine term used herein also will include the masculine; 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 constr...ued 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 Washington, 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. 6 EX-10.5 8 a2234981zex-10_5.htm EX-10.5 * * * -6- EX-10.4 10 d735023dex104.htm EX-10.4 EX-10.4 Exhibit 10.5 NLIGHT, 10.4 CLOUDFLARE, 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 (a) perform to the best of their abilities, abilities and (b) achieve the Company's objectives. View More
Found in Cloudflare, Inc. contract
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Legal Construction. 26.1Gender and Number. Except where 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. 26.2Severability. 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 unenforceabi...lity will not affect the remaining parts of the Plan, and the Plan will be construed and enforced as to such jurisdiction or Participant as if the invalid, illegal, or unenforceable provision had not been included. 26.3Governing Law. The Plan will be governed by, and construed in accordance with, the laws of the State of Delaware, but without regard to its conflict of law provisions. 26.4Headings. Headings are provided herein for convenience only, and will not serve as a basis for interpretation of the Plan. View More
Found in Athira Pharma, Inc. contract
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Legal Construction. 26.1Gender (a) Gender and Number. Except where 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. 26.2Severability. (b) 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 inv...alidity, illegality, or unenforceability will not affect the remaining parts of the Plan, and the Plan will be construed and enforced as to such jurisdiction or Participant as if the invalid, illegal, or unenforceable provision had not been included. 26.3Governing -7- (c) Governing Law. The Plan and all awards will be governed by, and construed in accordance with, with and governed by the laws of the State of Delaware, California, but without regard to its conflict of law provisions. 26.4Headings. (d) 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. (e) Headings. Headings are provided herein for convenience only, and will not serve as a basis for interpretation or construction of the Plan. View More
Found in ALX ONCOLOGY HOLDINGS INC contract
Legal Construction. 26.1Gender 8.1 Gender and Number. Except where 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. 26.2Severability. 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 inv...alidity, illegality, or unenforceability will not affect the remaining parts of the Plan, and the Plan will be construed and enforced as to such jurisdiction or Participant as if the invalid, illegal, or unenforceable provision had not been included. 26.3Governing 8.3 Governing Law. The Plan and all awards and all determinations made and actions taken under the Plan will be governed by, and construed in accordance with, with and governed by the laws of the State of Delaware, California, but without regard to its conflict of law provisions. 26.4Headings. 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 resides, and agreement that any such litigation will be conducted in Santa Clara 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. 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- 8.5 Headings. Headings are provided herein for convenience only, and will not serve as a basis for interpretation or construction of the Plan. 8.6 Severability. In case any one or more of the provisions contained in the Plan shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of the Plan, but the Plan shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein. View More
Found in Palantir Technologies Inc. contract
Legal Construction. 26.1Gender 8.1 Gender and Number. Except where 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. 26.2Severability. 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 inv...alidity, illegality, or unenforceability will not affect the remaining parts of the Plan, and the Plan will be construed and enforced as to such jurisdiction or Participant as if the invalid, illegal, or unenforceable provision had not been included. 26.3Governing 8.3 Governing Law. The Plan and all awards will be governed by, and construed in accordance with, with and governed by the laws of the State of Delaware, Washington, but without regard to its conflict of law provisions. 26.4Headings. 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
Found in Kinnate Biopharma Inc. contract
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Legal Construction. In the event that any one or more of the terms, provisions, or agreements that are contained in this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect for any reason, the invalid, illegal, or unenforceable term, provision, or agreement shall not affect any other term, provision, or agreement that is contained in this Agreement, and this Agreement shall be construed in all respects as if the invalid, illegal, or unenforceable term..., provision, or agreement had never been contained herein. View More
Found in AquaMed Technologies, Inc. contract
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Legal Construction. In the event that any one or more of the terms, provisions, or agreements that are contained in this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect for any reason, the invalid, illegal, or unenforceable term, provision, or agreement shall not affect any other term, provision, or agreement that is contained in this Agreement, and this Agreement shall be construed in all respects as if the invalid, illegal, or unenforceable term..., provision, or agreement had never been contained herein. 5 21. Covenants and Agreements as Independent Agreements. Each of the covenants and agreements that is set forth in this Agreement shall be construed as a covenant and agreement independent of any other provision of this Agreement. The existence of any claim or cause of action of the Participant against the Company, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Company of the covenants and agreements that are set forth in this Agreement. View More
Found in AquaMed Technologies, Inc. contract
Legal Construction. In the event that any one or more of the terms, provisions, or agreements that are contained in this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect for any reason, the invalid, illegal, or unenforceable term, provision, or agreement shall not affect any other term, provision, or agreement that is contained in this Agreement, and this Agreement shall be construed in all respects as if the invalid, illegal, or unenforceable term..., provision, or agreement had never been contained herein. 4 20. Covenants and Agreements as Independent Agreements. Each of the covenants and agreements that is set forth in this Agreement shall be construed as a covenant and agreement independent of any other provision of this Agreement. The existence of any claim or cause of action of the Participant against the Company, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Company of the covenants and agreements that are set forth in this Agreement. View More
Found in DropCar, Inc. contract
Legal Construction. In the event that any one or more of the terms, provisions, or agreements that are contained in this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect for any reason, the invalid, illegal, or unenforceable term, provision, or agreement shall not affect any other term, provision, or agreement that is contained in this Agreement, Agreement and this Agreement shall be construed in all respects as if the invalid, illegal, or unenforc...eable term, provision, or agreement had never been contained herein. 3 13. Covenants and Agreements as Independent Agreements. Each of the covenants and agreements that is set forth in this Agreement shall be construed as a covenant and agreement independent of any other provision of this Agreement. The existence of any claim or cause of action of the Participant against the Company, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Company of the covenants and agreements that are set forth in this Agreement. View More
Found in Matador Resources contract
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Legal Construction. (a) Severability. If any provision of this Agreement is or becomes or is deemed invalid, illegal or unenforceable in any jurisdiction, or would disqualify the Plan or this Agreement under any law with respect to which the Plan or this Agreement is intended to qualify, or would cause compensation deferred under the Plan to be includible in a Plan participant's gross income pursuant to Section 409A(a)(1) of the Internal Revenue Code of 1986, as amended, as determined by the Board, such provision s...hall be construed or deemed amended to conform to Applicable Law or, if it cannot be construed or deemed amended without, in the determination of the Board, materially altering the intent of the Plan or the Agreement, it shall be stricken and the remainder of this Agreement shall remain in full force and effect. (b) Gender and Number. Where the context admits, words in any gender shall include the other gender, words in the singular shall include the plural and words in the plural shall include the singular. (c) Governing Law. To the extent not preempted by federal law, this Agreement shall be construed in accordance with and governed by the laws of the State of Louisiana. 4 9. Incorporation of Plan. This Agreement and the Award made pursuant hereto are subject to, and this Agreement hereby incorporates and makes a part hereof, all terms and conditions of the Plan that are applicable to Agreements and Awards generally and to RSUs and Performance Shares in particular. The Board has the right to interpret, construe and administer the Plan, this Agreement and the Award made pursuant hereto. All acts, determinations and decisions of the Board made or taken pursuant to grants of authority under the Plan or with respect to any questions arising in connection with the administration and interpretation of the Plan, including the severability of any and all of the provisions thereof, shall be in the Board's sole discretion and shall be conclusive, final and binding upon all parties, including the Company, its stockholders, Participants, Eligible Participants and their estates, beneficiaries and successors. The Participant acknowledges that he has received a copy of the Plan. View More
Found in CKX LANDS, INC. contract
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Legal Construction. (a) Severability. If any provision of this Agreement is or becomes or is deemed invalid, illegal or unenforceable in any jurisdiction, or would disqualify the Plan or this Agreement under any law with respect to which the Plan or this Agreement is intended to qualify, or would cause compensation deferred under the Plan to be includible in a Plan participant's gross income pursuant to Section 409A(a)(1) of the Internal Revenue Code of 1986, as amended, Code, as determined by the Board, such provi...sion shall be construed or deemed amended to conform to Applicable Law or, if it cannot be construed or deemed amended without, in the determination of the Board, materially altering the intent of the Plan or the Agreement, it shall be stricken and the remainder of this Agreement shall remain in full force and effect. (b) Gender effect.Gender and Number. Where the context admits, words in any gender shall include the other gender, words in the singular shall include the plural and words in the plural shall include the singular. (c) Governing singular.4 Exhibit 10.17Governing Law. To the extent not preempted by federal law, this Agreement shall be construed in accordance with and governed by the laws of the State of Louisiana. 4 9. Mississippi.9. Incorporation of Plan. This Agreement and the Performance Share Award made pursuant hereto are subject to, and this Agreement hereby incorporates and makes a part hereof, all terms and conditions of the Plan that are applicable to Agreements and Awards generally and to RSUs and Performance Shares Share Awards in particular. The Board has the right to interpret, construe and administer the Plan, this Agreement and the Performance Share Award made pursuant hereto. All acts, determinations and decisions of the Board (including its Compensation Committee) made or taken pursuant to grants of authority under the Plan or with respect to any questions arising in connection with the administration and interpretation of the Plan, including the severability of any and all of the provisions thereof, thereof and the calculation of the Average ROE, Average ROS, and the number of Performance Shares that the Participant is entitled to receive pursuant to this Agreement, shall be in the Board's sole discretion and shall be conclusive, final and binding upon all parties, including the Company, its stockholders, Participants, Eligible Participants and their estates, beneficiaries and successors. The Participant acknowledges that he Participant has received a copy of the Plan. View More
Found in Sanderson Farms contract
Legal Construction. (a) Severability. If any provision of this Agreement is or becomes or is deemed invalid, illegal or unenforceable in any jurisdiction, or would disqualify the Plan or this Agreement under any law with respect to which the Plan or this Agreement is intended to qualify, or would cause compensation deferred under the Plan to be includible in a Plan participant's gross income pursuant to Section 409A(a)(1) of the Internal Revenue Code of 1986, as amended, as determined by the Board, such provision s...hall be construed or deemed amended to conform to Applicable Law or, if it cannot be construed or deemed amended without, in the determination of the Board, materially altering the intent of the Plan or the Agreement, it shall be stricken and the remainder of this Agreement shall remain in full force and effect. (b) Gender and Number. Where the context admits, words in any gender shall include the other gender, words in the singular shall include the plural and words in the plural shall include the singular. (c) Governing Law. To the extent not preempted by federal law, this Agreement shall be construed in accordance with and governed by the laws of the State of Louisiana. 4 9. Incorporation of Plan. This Agreement and the Award made pursuant hereto are subject to, and this Agreement hereby incorporates and makes a part hereof, all terms and conditions of the Plan that are applicable to Agreements and Awards generally and to RSUs and Performance Shares in particular. The Board has the right to interpret, construe and administer the Plan, this Agreement and the Award made pursuant hereto. All acts, determinations and decisions of the Board made or taken pursuant to grants of authority under the Plan or with respect to any questions arising in connection with the administration and interpretation of the Plan, including the severability of any and all of the provisions thereof, shall be in the Board's sole discretion and shall be conclusive, final and binding upon all parties, including the Company, its stockholders, Participants, Eligible Participants and their estates, beneficiaries and successors. The Participant acknowledges that he has received a copy of the Plan. View More
Found in CKX LANDS, INC. contract
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Legal Construction. This Plan is intended to be governed by and will be construed in accordance with the Employee Retirement Income Security Act of 1974 ("ERISA") and, to the extent not preempted by ERISA, the laws of the State of California.
Found in Confluent, Inc. contract
Legal Construction. This Plan is intended to be governed by and will shall be construed in accordance with the Employee Retirement Income Security Act of 1974 ("ERISA") and, to the extent not preempted by ERISA, the laws of the State of California. New Jersey.
Found in Eagle Pharmaceuticals, Inc. contract
Legal Construction. This Plan is intended to be governed by and will be construed in accordance with the Employee Retirement Income Security Act of 1974 ("ERISA") and, to the extent not preempted by ERISA, the laws of the State of California. California (without regard to principles of conflict of laws).
Found in Aravive, Inc. contract
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Legal Construction. The Plan will be governed by and construed under the laws of the State of California (without regard to principles of conflict of laws), except to the extent preempted by ERISA.
Found in ROKU, INC contract
Legal Construction. The Plan will be governed by and construed under the laws of the State of California Delaware (without regard to principles of conflict of laws), except to the extent preempted by ERISA.
Found in CM Life Sciences II Inc. contract
Legal Construction. The Plan will be governed by and construed under the laws of the State of California Delaware (without regard to principles of conflict of laws), except to the extent preempted by ERISA.
Found in PhaseBio Pharmaceuticals Inc contract
Legal Construction. The Plan will be governed by and construed under the laws of the State of California Colorado (without regard to principles of conflict of laws), except to the extent preempted by ERISA.
Found in Rally Software Development Corp contract
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Legal Construction. The Plan will be governed by and construed under the laws of the State of California (without regard to principles of conflict of laws), except to the extent preempted by the Employee Retirement Income Security Act of 1974, as amended ("ERISA").
Found in MOBILEIRON, INC. contract
Legal Construction. The Plan will be governed by and construed under the laws of the State of California New York (without regard to principles of conflict of laws), except to the extent preempted by the Employee Retirement Income Security Act of 1974, as amended ("ERISA").
Found in CLEVELAND BIOLABS INC contract
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Legal Construction. 8.1Gender and Number. 8.2Severability. 8.3Governing Law. 8.4Bonus Plan. 8.5Headings.
Found in Athira Pharma, Inc. contract
Legal Construction. 8.1Gender and Number. 8.2Severability. 8.3Governing Law. 8.4Bonus Plan. 8.5Headings.
Found in Cricut, Inc. contract
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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 H1 To RingCentral, Inc. Bonus Plan 2015 First Half Performance Goals (Effective as of January 1, 2015) 1. 2015 H1 Performance Period and Performance Goals. For the first half of calendar year 2015, there are two quarterly Performance Periods, ending on March 31 and June 30 (each, a "2015 H1 Performance Period"). For each 2015 H1 Performance Period, there are two equally weighted (50% each) performance goals (each, a "2015 H1 Performance Goal"): Revenue and Operating Margin (each as defined below). The chart below set forth the Revenue and Operating Margin Performance Goals for each of the 2015 H1 Performance Periods. 2015 H1 Performance Period Revenue Performance Goal (in millions) Operating Margin Performance Goal Q1 $64.8 (10.7%) Q2 $69.9 (6.6%) "Revenue" means as to any 2015 H1 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 any 2015 H1 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. The Operating Margin Performance Goal for each 2015 H1 Performance Period assumes that the Company will have negative Operating Margin in each quarter. View More
Found in RingCentral Inc contract
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- -5- APPENDIX A-2015 H1 A-2014 To RingCentral, Inc. Bonus Plan 2015 First Half 2014 Performance Goals (Effective as of January 1, 2015) 2014) 1. 2015 H1 2014 Performance Period and Performance Goals. For the first half of calendar year 2015, 2014, there are two four quarterly Performance Periods, ending on March 31, June 30, September 30 and December 31 and June 30 (each, a "2015 H1 "2014 Performance Period"). For each 2015 H1 2014 Performance Period, there are two equally weighted (50% each) performance goals (each, a "2015 H1 "2014 Performance Goal"): Revenue and Operating Margin (each as defined below). The chart below set forth the Revenue and Operating Margin Performance Goals for each of the 2015 H1 2014 Performance Periods. 2015 H1 2014 Performance Period Revenue Performance Goal (in millions) Operating Margin Performance Goal Q1 $64.8 (10.7%) $48.6 (18.5%) Q2 $69.9 (6.6%) $52.2 (17.1%) Q3 $57.0 (13.4%) Q4 $61.8 (10.2%) "Revenue" means as to any 2015 H1 2014 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. 2013. 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 any 2015 H1 2014 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. The Operating Margin Performance Goal for each 2015 H1 2014 Performance Period assumes that the Company will have negative Operating Margin in each quarter. View More
Found in RingCentral Inc contract
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Legal Construction. The legal construction and interpretation of this Agreement (including, but not limited to, issues of gender, plural or singular, governing law and severability) shall be governed by the provisions of Article 19 of the Plan.
Found in United Community Banks, Inc. contract
Legal Construction. The legal construction and interpretation of this Agreement (including, but not limited to, issues of gender, plural or singular, governing law and severability) shall be governed by the 10 provisions of Article 19 of the Plan.
Found in United Community Banks, Inc. contract
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