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Nature of Grant Contract Clauses (790)
Grouped Into 17 Collections of Similar Clauses From Business Contracts
This page contains Nature of Grant clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Nature of Grant. By accepting the Option, Participant acknowledges, understands and agrees that: (a) the Plan is established voluntarily by the Company, it is discretionary in nature, and may be amended, suspended or terminated by the Company at any time, to the extent permitted by the Plan; (b) the grant of the Option is voluntary and occasional and does not create any contractual or other right to receive future grants of options, or benefits in lieu of options, even if options have been granted in the past; (...c) all decisions with respect to future Option or other grants, if any, will be at the sole discretion of the Company; (d) the Option grant and Participant's participation in the Plan will not create a right to employment or be interpreted as forming an employment or service contract with the Company, the Employer or any Parent or Subsidiary; (e) Participant is voluntarily participating in the Plan; 4 (f) the Option and any Shares acquired under the Plan are not intended to replace any pension rights or compensation; (g) the Option and any Shares acquired under the Plan and the income and value of same, are not part of normal or expected compensation for purposes of calculating any severance, resignation, termination, redundancy, dismissal, end-of-service payments, bonuses, long-service awards, pension or retirement or welfare benefits or similar payments; (h) the future value of the Shares underlying the Option is unknown, indeterminable, and cannot be predicted with certainty; (i) if the underlying Shares do not increase in value, the Option will have no value; (j) if Participant exercises the Option and acquires Shares, the value of such Shares may increase or decrease in value, even below the Exercise Price; (k) no claim or entitlement to compensation or damages will arise from forfeiture of the Option resulting from Participant ceasing to provide employment or other services to the Company or the Employer (for any reason whatsoever, whether or not later found to be invalid or in breach of employment laws in the jurisdiction where you are employed or the terms of your employment agreement, if any), and in consideration of the grant of the Option to which Participant is otherwise not entitled, Participant irrevocably agrees never to institute any claim against the Company, any Parent or Subsidiary or the Employer, waives his or her ability, if any, to bring any such claim, and releases the Company, any Parent or Subsidiary and the Employer from any such claim; if, notwithstanding the foregoing, any such claim is allowed by a court of competent jurisdiction, then, by participating in the Plan, Participant will be deemed irrevocably to have agreed not to pursue such claim and agrees to execute any and all documents necessary to request dismissal or withdrawal of such claim; (l) unless otherwise provided in the Plan or by the Company in its discretion, the Option and the benefits evidenced by this Option Agreement do not create any entitlement to have the Option or any such benefits transferred to, or assumed by, another company nor to be exchanged, cashed out or substituted for, in connection with any corporate transaction affecting the Shares; and (m) the following provisions apply only if Participant is providing services outside the United States: (i) the Option and the Shares subject to the Option are not part of normal or expected compensation or salary for any purpose; (ii) Participant acknowledges and agrees that neither the Company, the Employer nor any Parent or Subsidiary will be liable for any foreign exchange rate fluctuation between Participant's local currency and the United States Dollar that may affect the value of the Option or of any amounts due to Participant pursuant to the exercise of the Option or the subsequent sale of any Shares acquired upon exercise.
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Found in
TRUPANION, INC. contract
Nature of Grant. By In accepting the Option, Restricted Stock Units, Participant acknowledges, understands and agrees that: (a) the Plan is established voluntarily by the Company, it is discretionary in nature, nature and may be modified, amended, suspended or terminated by the Company at any time, to the extent permitted by the Plan; 4 Restricted Stock Unit Agreement Non-Employee Director Version (b) the grant of the Option Restricted Stock Units is exceptional, voluntary and occasional and does not create any ...contractual or other right to receive future grants awards of options, Restricted Stock Units, or benefits in lieu of options, Restricted Stock Units even if options Restricted Stock Units have been granted awarded in the past; (c) nothing in this Agreement or in the Plan shall confer upon Participant any right to continue in the service of the Company as a member of the Board of Directors of the Company or in any other capacity; (d) all decisions with respect to future Option grants of Restricted Stock Units or other grants, if any, will be at the sole discretion of the Company; (d) the Option grant and (e) Participant's participation in the Plan will not create a right to employment or be interpreted as forming an employment or service contract with the Company, the Employer or any Parent or Subsidiary; (e) Participant is voluntarily participating in the Plan; 4 voluntary; (f) the Option and any Shares acquired under the Plan are not intended to replace any pension rights or compensation; (g) the Option and any Shares acquired under the Plan and the income and value of same, are not part of normal or expected compensation for purposes of calculating any severance, resignation, termination, redundancy, dismissal, end-of-service payments, bonuses, long-service awards, pension or retirement or welfare benefits or similar payments; (h) the future value of the underlying Shares underlying the Option is unknown, indeterminable, indeterminable and cannot be predicted with certainty; (i) if predicted; (g) in the underlying Shares do not increase in value, the Option will have no value; (j) if Participant exercises the Option and acquires Shares, the value of such Shares may increase or decrease in value, even below the Exercise Price; (k) no claim or entitlement to compensation or damages will arise from forfeiture event of the Option resulting from Participant ceasing termination of Participant's Continuous Service, and unless otherwise expressly provided in this Agreement or determined by the Company, Participant's right to provide employment or other services to the Company or the Employer (for any reason whatsoever, whether or not later found to be invalid or in breach of employment laws vest in the jurisdiction where you are employed or Restricted Stock Units under the terms of your employment agreement, Plan, if any), and in consideration any, will terminate as of the grant of the Option to which Participant is otherwise not entitled, Participant irrevocably agrees never to institute any claim against the Company, any Parent or Subsidiary or the Employer, waives his or her ability, if any, to bring any such claim, and releases the Company, any Parent or Subsidiary and the Employer from any such claim; if, notwithstanding the foregoing, any such claim is allowed by a court of competent jurisdiction, then, by participating in the Plan, Participant will be deemed irrevocably to have agreed not to pursue such claim and agrees to execute any and all documents necessary to request dismissal or withdrawal of such claim; (l) unless otherwise provided in the Plan or date Participant's Continuous Service terminated, as determined by the Company Committee in its discretion, the Option sole discretion; and the benefits evidenced by this Option Agreement do not create any entitlement to have the Option or any such benefits transferred to, or assumed by, another company nor to be exchanged, cashed out or substituted for, in connection with any corporate transaction affecting the Shares; and (m) the following provisions apply only if Participant is providing services outside the United States: (i) the Option and the Shares subject to the Option are not part of normal or expected compensation or salary for any purpose; (ii) Participant acknowledges and agrees that (h) neither the Company, the Employer nor any Parent or Subsidiary will of the Company shall be liable for any foreign exchange rate fluctuation between Participant's local currency and the United States Dollar that may affect the value of the Option Restricted Stock Units or of any amounts due to Participant pursuant to the exercise settlement of the Option Restricted Stock Units or the subsequent sale of any Shares acquired upon exercise. settlement. (i) [Reserved].
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Nu Skin Enterprises contract
Nature of Grant. By In accepting the Option, Participant acknowledges, understands this award of RSUs, you acknowledge, understand and agrees agree that: (a) the Plan is established voluntarily by the Company, it is discretionary in nature, nature and it may be modified, amended, suspended or terminated by the Company at any time, to the extent permitted by the Plan; (b) the grant of the Option RSUs is voluntary and occasional and does not create any contractual or other right to receive future grants awards of ...options, RSUs, or benefits in lieu of options, RSUs, even if options RSUs have been granted in the past; (c) all decisions with respect to future Option RSUs or other grants, if any, will be at the sole discretion of the Company; (d) the Option grant and Participant's participation in the Plan will not create a right to employment or be interpreted as forming an employment or service contract with the Company, the Employer or any Parent or Subsidiary; (e) Participant is you are voluntarily participating in the Plan; 4 (f) (e) the Option RSUs and any the Shares acquired under subject to the Plan RSUs, and the income and value of same, are not intended to replace any pension rights or compensation; (g) (f) the Option RSUs and any the Shares acquired under subject to the Plan RSUs, and the income and value of same, are not part of normal or expected compensation for purposes of calculating any severance, resignation, termination, redundancy, dismissal, end-of-service payments, bonuses, long-service awards, pension or retirement or welfare benefits or similar payments; (g) unless otherwise agreed with the Company, the RSUs and any Shares acquired under the Plan, and the income and value of same, are not granted as consideration for, or in connection with, any service you may provide as a director of the Company, or a Parent or Subsidiary of the Company; (h) the future value of the underlying Shares underlying the Option is unknown, indeterminable, indeterminable and cannot be predicted with certainty; (i) if the underlying Shares do not increase in value, the Option will have no value; (j) if Participant exercises the Option and acquires Shares, the value of such Shares may increase or decrease in value, even below the Exercise Price; (k) no claim or entitlement to compensation or damages will shall arise from forfeiture of the Option RSUs resulting from Participant ceasing to provide employment or other services to the Company or the Employer termination of your Service (for any reason whatsoever, whatsoever whether or not later found to be invalid or in breach of employment labor laws in the jurisdiction where you are employed providing Service or the terms of your employment or service agreement, if any), and in consideration of the grant of the Option RSUs to which Participant is you are otherwise not entitled, Participant you irrevocably agrees agree never to institute any claim against the Company, the Employer (as defined below), or any other Parent or Subsidiary or of the Employer, waives his or her Company, waive your ability, if any, to bring any such claim, and releases release the Company, any the Employer and its Parent or Subsidiary and the Employer Subsidiaries from any such claim; if, notwithstanding the foregoing, any such claim is allowed by a court of competent jurisdiction, then, by participating in the Plan, Participant will you shall be deemed irrevocably to have agreed not to pursue such claim and agrees agree to execute any and all documents necessary to request dismissal or withdrawal of such claim; (l) unless otherwise provided in the Plan or by the Company in its discretion, the Option and the benefits evidenced by this Option Agreement do not create any entitlement to have the Option or any such benefits transferred to, or assumed by, another company nor to be exchanged, cashed out or substituted for, in connection with any corporate transaction affecting the Shares; and (m) (j) the following provisions apply only if Participant is you are providing services Service outside the United States: (i) the Option RSUs and the Shares subject to the Option RSUs, and the income and value of same, are not part of normal or expected compensation or salary for any purpose; and (ii) Participant acknowledges and agrees that neither the Company, the Employer nor any Parent or Subsidiary will of the Company shall be liable for any foreign exchange rate fluctuation between Participant's your local currency and the United States Dollar that may affect the value of the Option or of any amounts due to Participant pursuant to the exercise of the Option RSUs or the subsequent sale of any Shares acquired upon exercise. settlement.
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OBALON THERAPEUTICS INC contract
Nature of Grant. By In accepting the Option, grant, the Participant acknowledges, understands and agrees that: (a) the Plan is established voluntarily by the Company, it is discretionary in nature, nature and it may be modified, amended, suspended or terminated by the Company Board at any time, to the extent permitted by the Plan; time; (b) the grant of the Option RSUs is voluntary and occasional and does not create any contractual or other right to receive future grants of options, RSUs (whether on the same or ...different terms), or benefits in lieu of options, RSUs, even if options RSUs have been granted in the past; (c) all decisions with respect to future Option grants of RSUs or other grants, if any, will be at the sole discretion of the Company; Committee, including, but not limited to, the form and timing of the grant, the number of Shares subject to the grant, and the vesting provisions applicable to the grant; (d) the Option RSU grant and the Participant's participation in the Plan will shall not create a right to employment or be interpreted as forming an employment or service services contract with the Company, the Employer Company or any Parent Constituent Company and shall not interfere with the ability of the Company, or Subsidiary; Constituent Company, as applicable, to terminate Participant's employment or service relationship; (e) the Participant is voluntarily participating in the Plan; 4 (f) Shares (or cash) will be issued to the Option Participant only if the vesting conditions are met and any necessary services are rendered by the Participant over the vesting period; (g) the RSUs and the Shares acquired under (or cash) subject to the Plan RSUs are not intended to replace any pension rights or compensation; (g) 13 (h) the Option RSUs and any the Shares acquired under subject to the Plan RSUs, and the income and value thereof, are an extraordinary item of same, are compensation outside the scope of the Participant's employment (and employment contract, if any) and is not part of normal or expected compensation for purposes of any purpose, including, without limitation, calculating any severance, resignation, termination, redundancy, dismissal, end-of-service payments, bonuses, long-service awards, pension or retirement or welfare benefits or similar payments; (h) (i) the future value of the Shares underlying the Option RSUs is unknown, indeterminable, indeterminable and cannot be predicted with certainty; (i) if the underlying Shares do not increase in value, the Option will have no value; (j) if Participant exercises the Option and acquires Shares, the value of such Shares may increase or decrease in value, even below the Exercise Price; (k) no claim or entitlement to compensation or damages will shall arise from forfeiture of the Option RSUs resulting from the Participant ceasing to provide employment be employed or other otherwise providing services to the Company or the Employer (for any reason whatsoever, whether or not later found to be invalid or in breach of employment laws in the jurisdiction where you are employed or the terms of your employment agreement, if any), and in consideration of the grant of the Option to which Participant is otherwise not entitled, Participant irrevocably agrees never to institute any claim against the Company, any Parent or Subsidiary or the Employer, waives his or her ability, if any, to bring any such claim, and releases the Company, any Parent or Subsidiary and the Employer from any such claim; if, notwithstanding the foregoing, any such claim is allowed by a court of competent jurisdiction, then, by participating in the Plan, Participant will be deemed irrevocably to have agreed not to pursue such claim and agrees to execute any and all documents necessary to request dismissal or withdrawal of such claim; (l) Constituent Company; (k) unless otherwise provided herein, in the Plan or by the Company in its discretion, the Option RSUs and the benefits evidenced by this Option Agreement do not create any entitlement to have the Option RSUs or any such benefits transferred to, or assumed by, another company nor to be exchanged, cashed out or substituted for, in connection with any corporate transaction affecting the Shares; Shares of the Company; and (m) (l) if the following provisions apply only if Participant resides or is providing services employed outside the United States: (i) States, the Option and the Shares subject to the Option are not part of normal or expected compensation or salary for any purpose; (ii) Participant acknowledges and agrees that neither the Company, the Employer Company nor any Parent or Subsidiary will Constituent Company shall be liable for any foreign exchange rate fluctuation between Participant's local currency and the United States Dollar that may affect the value of the Option RSUs or of any amounts due to Participant pursuant to the exercise settlement of the Option RSUs or the subsequent sale of any Shares acquired upon exercise. settlement.
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Accenture plc contract
Nature of Grant. By electing to participate in the Plan, I acknowledge, understand and agree that: (a) the Plan is established voluntarily by the Company, it is discretionary in nature and it may be modified, amended, suspended or terminated by the Company at any time, to the extent provided for in the Plan; (b) the grant of options under the Plan is exceptional, voluntary and occasional and does not create any contractual or other right to receive future grants of options to purchase shares of Common Stock, or ...benefits in lieu of options to purchase shares of Common Stock, even if options have been granted in the past; (c) all decisions with respect to future grants under the Plan, if applicable, will be at the sole discretion of the Company; (d) the grant of options under the Plan shall not create a right to employment or be interpreted as forming or amending an employment or service contract with the Company, the Employer or any Designated Company, and shall not interfere with the ability of the Company, the Employer or any Designated Company, as applicable, to terminate my employment (if any); (e) I am voluntarily participating in the Plan; -3- (f) the options granted under the Plan and the shares of Common Stock underlying such options, and the income from and value of same, are not intended to replace any pension rights or compensation; (g) the options granted under the Plan and the shares of Common Stock underlying such options, and the income from and value of same, are not part of my normal or expected compensation for any purpose, including, but not limited to, calculating any severance, resignation, termination, redundancy, dismissal, end-of-service payments, bonuses, holiday pay, long-service awards, pension or retirement benefits or similar payments; (h) the future value of the shares of Common Stock offered under the Plan is unknown, indeterminable and cannot be predicted with certainty; (i) the shares of Common Stock that I acquire under the Plan may increase or decrease in value, even below the Purchase Price; (j) no claim or entitlement to compensation or damages shall arise from the forfeiture of options granted to me under the Plan as a result of the termination of my status as an Eligible Employee (for any reason whatsoever, and whether or not later found to be invalid or in breach of employment laws in the jurisdiction where I am employed or the terms of my employment agreement, if any); and (k) for purposes of participation in the Plan, my status as an Eligible Employee will be considered terminated as of the date I am no longer actively providing services to the Company or the Employer (regardless of the reason for such termination and whether or not later found to be invalid or in breach of employment laws in the jurisdiction where I am employed or the terms of my employment agreement, if any), and unless otherwise expressly provided in this Subscription Agreement, my right to participate in the Plan and options granted to me under the Plan, if any, will terminate effective as of such date and, in any event, will not be extended by any notice period (e.g., my period of service would not include any contractual notice period or any period of "garden leave" or similar period pursuant to the employment laws in the jurisdiction in which I am employed or the terms of my employment agreement, if any); the Company shall have the exclusive discretion to determine when I am no longer actively employed for purposes of my participation in the Plan (including whether I may still be considered to be actively providing services while on a leave of absence).
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Found in
DoorDash Inc contract
Nature of Grant. By electing to participate enrolling and participating in the Plan, I acknowledge, understand Employee acknowledges, understands and agree agrees that: (a) the Plan is established voluntarily by the Company, it Company and is discretionary in nature and it may be modified, amended, suspended or terminated by the Company at any time, to the extent provided for in the Plan; nature; (b) the grant of options under the Plan option to purchase shares of Common Stock is exceptional, voluntary and occas...ional and does not create any contractual or other right to receive future grants of options to purchase shares of Common Stock, Stock or benefits in lieu of options to purchase shares of Common Stock, even if options to purchase shares of Common Stock have been granted in the past; (c) all decisions with respect to future grants of options to purchase shares of Common Stock under the Plan, Plan or other grants, if applicable, any, will be at the sole discretion of the Company; (d) the grant option to purchase shares of options under Common Stock and Employee's participation in the Plan shall not create a right to employment or be interpreted as forming or amending an employment or service contract with the Company, the Employer or any Designated Company, Subsidiary or Affiliate and shall not interfere with the ability of the Company, the Employer or any Designated Company, as applicable, to terminate my Employee's employment relationship (if any); (e) I am Employee is voluntarily participating in the Plan; -3- (f) the options granted under the Plan and the option to purchase shares of Common Stock underlying such options, and any shares of Common Stock acquired under the Plan, and the income from and value of same, are not intended to replace any pension rights or compensation; (g) the options granted under the Plan and the option to purchase shares of Common Stock underlying such options, and any shares of Common Stock acquired under the Plan, and the income from and value of same, are not part of my normal or expected compensation or salary for any purpose, including, but not limited to, without limitation, calculating any severance, resignation, termination, redundancy, dismissal, end-of-service payments, bonuses, holiday pay, bonuses, long-service awards, leave-related payments, pension or retirement or welfare benefits or similar mandatory payments; 5 (h) unless otherwise agreed with the Company, the option to purchase shares of Common Stock and the shares of Common Stock acquired under the Plan, and the income from and value of same, are not granted as consideration for, or in connection with, the service Employee may provide as a director of any Subsidiary or Affiliate; (i) the future value of the underlying shares of Common Stock offered under the Plan is unknown, indeterminable and cannot be predicted with certainty; (i) (j) the value of such shares of Common Stock that I acquire purchased under the Plan may increase or decrease in value, the future, even below the Purchase Price; (j) (k) no claim or entitlement to compensation or damages shall arise from the forfeiture of options granted the option to me under the Plan as a result purchase shares of the Common Stock resulting from termination of my Employee's status as an Eligible Employee (for any (regardless of the reason whatsoever, for the termination and whether or not the termination is later found to be invalid or in breach of employment laws in the jurisdiction where I am Employee is employed or the terms of my Employee's employment agreement, if any); and (k) (l) for purposes of participation in the Plan, my Employee's status as an Eligible Employee will be considered terminated as of the date I am Employee is no longer actively providing services to the Company or the Employer any Designated Company (regardless of the reason for such termination and whether or not later found to be invalid or in breach of employment labor laws in the jurisdiction where I am Employee is employed or the terms of my Employee's employment agreement, if any), and unless otherwise expressly provided in this Subscription Agreement, my right to participate in the Plan and options granted to me under the Plan, if any, will terminate effective as of such date and, in any event, will not be extended by any notice period (e.g., my Employee's period of service would not include any contractual notice period or any period of "garden leave" or similar period pursuant to the mandated under employment laws in the jurisdiction in which I am where Employee is employed or the terms of my Employee's employment agreement, if any); the Company Administrator shall have the exclusive discretion to determine when I am Employee is no longer actively employed providing services for purposes of my participation in the Plan (including whether I Employee may still be considered to be actively providing services while on a leave of absence). absence); and (m) neither the Company, the Employer nor any other Subsidiary or Affiliate shall be liable for any foreign exchange rate fluctuation between Employee's local currency and the United States dollar that may affect the value of the shares of Common Stock or any amounts due pursuant to the purchase of the shares of Common Stock or the subsequent sale of any shares of Common Stock purchased under the Plan.
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Cloudflare, Inc. contract
Nature of Grant. By electing to participate in the Plan, I acknowledge, understand and agree that: (a) the Plan is established voluntarily by the Company, Company and it is discretionary in nature and it may be modified, amended, suspended or terminated by the Company at any time, to the extent provided for in the Plan; nature; (b) the grant of options under the Plan is exceptional, voluntary and occasional and does not create any contractual or other right to receive future grants of options to purchase shares ...of Common Stock, or benefits in lieu of options to purchase shares of Common Stock, even if options have been granted in the past; (c) all decisions with respect to future grants of options under the Plan, if applicable, any, will be at the sole discretion of the Company; (d) (c) the grant of options under the Plan shall not create a right to employment or be interpreted as forming or amending an employment or service contract with the Company, the Employer Employer, or any Designated Company, other Parent, Subsidiary or Affiliate, and shall not interfere with the ability of the Company, Company or the Employer or any Designated Company, Employer, as applicable, to terminate my employment (if any); (e) (d) I am voluntarily participating in the Plan; -3- (e) the options granted under the Plan and the shares of Common Stock underlying such options, and the income and value of same, are not intended to replace any pension rights or compensation; (f) the options granted under the Plan and the shares of Common Stock underlying such options, and the income from and value of same, are not intended to replace any pension rights or compensation; (g) the options granted under the Plan and the shares of Common Stock underlying such options, and the income from and value of same, are not part of my normal or expected compensation for any purpose, including, but not limited to, calculating any severance, resignation, termination, redundancy, dismissal, end-of-service payments, bonuses, holiday pay, long-service awards, pension or retirement benefits or similar payments; (g) unless otherwise agreed with the Company, the options granted under the Plan and the shares of Common Stock underlying such options, and the income and value of same, are not granted as consideration for, or in connection with, the service I may provide as a director of a Subsidiary or Affiliate; (h) the future value of the shares of Common Stock offered underlying the options granted under the Plan is unknown, indeterminable and cannot be predicted with certainty; (i) the shares of Common Stock that I acquire under the Plan may increase or decrease in value, even below the Purchase Price; (j) no claim or entitlement to compensation or damages shall arise from the forfeiture of options granted to me under the Plan as a result of the termination of my status as an Eligible Employee (for any reason whatsoever, and whether or not later found to be invalid or in breach of employment laws in the jurisdiction where I am employed or the terms of my employment agreement, if any); any) and, in consideration of the grant of options under the Plan to which I otherwise am not entitled, I irrevocably agree never to institute a claim against the Company, the Employer, or any other Parent, Subsidiary or Affiliate, waive my ability, if any, to bring such claim, and release the Company, the Employer, and any other Parent, Subsidiary or Affiliate from any such claim that may arise; if, notwithstanding the foregoing, any such claim is allowed by a court of competent jurisdiction, I shall be deemed irrevocably to have agreed not to pursue such claim and I agree to execute any and all documents necessary to request dismissal or withdrawal of such claim; (k) for purposes of participation in the Plan, event of the termination of my status as an Eligible Employee will be considered terminated as of the date I am no longer actively providing services to the Company or the Employer (regardless of the (for any reason for such termination and whatsoever, whether or not later found to be invalid or in breach of employment laws in the jurisdiction where I am employed or the terms of my employment agreement, if any), and unless otherwise expressly provided in this Subscription Agreement, my right to participate in the Plan and any options granted to me under the Plan, if any, will terminate effective as of such the date that I no longer am actively employed by the Company or one of its Parents, Subsidiaries or Affiliates and, in any event, will not be extended by any notice period mandated under the employment laws in the jurisdiction in which I am employed or the terms of my employment agreement, if any (e.g., my period of service active employment would not include any contractual notice period or any a period of "garden leave" or similar period pursuant to the employment laws in the jurisdiction in which I am employed or the terms of my employment agreement, if any); the Company shall have the exclusive discretion to determine when I am no longer am actively employed for purposes of my participation in the Plan (including whether I still may still be considered to be actively providing services employed while on a leave of absence). absence); and (l) the grant of the option to purchase shares of Common Stock under the Plan and the benefits evidenced by the Subscription Agreement do not create any entitlement not otherwise specifically provided for in the Plan, or provided by the Company in its discretion, to have such rights or benefits transferred to, or assumed by, another company nor to be exchanged, cashed out or substituted for, in connection with a sale of substantially all of the Company's assets or a merger of the Company in which the Company is not the surviving corporation.
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Nutanix, Inc. contract
Nature of Grant. By electing to participate enrolling and participating in the Plan, I acknowledge, understand and agree that: (a) the Plan is established voluntarily by the Company, it Company and is discretionary in nature and it may be modified, amended, suspended or terminated by the Company at any time, to the extent provided for in the Plan; nature; (b) the grant of options under the Plan option to purchase shares of Common Stock is exceptional, voluntary and occasional and does not create any contractual ...or other right to receive future grants of options to purchase shares of Common Stock, Stock or benefits in lieu of options to purchase shares of Common Stock, even if options to purchase shares of Common Stock have been granted in the past; (c) all decisions with respect to future grants of options to purchase shares of Common Stock under the Plan, Plan or other grants, if applicable, any, will be at the sole discretion of the Company; (d) the grant option to purchase shares of options under Common Stock and my participation in the Plan shall not create a right to employment or be interpreted as forming or amending an employment or service contract with the Company, the Employer or any Designated Company, Subsidiary or Affiliate and shall not interfere with the ability of the Company, the Employer or any Designated Company, as applicable, to terminate my employment relationship (if any); (e) I am voluntarily participating in the Plan; -3- (f) the options granted under the Plan and the option to purchase shares of Common Stock underlying such options, and any shares of Common Stock acquired under the Plan, and the income from and value of same, are not intended to replace any pension rights or compensation; (g) the options granted under the Plan and the option to purchase shares of Common Stock underlying such options, and any shares of Common Stock acquired under the Plan, and the income from and value of same, are not part of my normal or expected compensation or salary for any purpose, including, but not limited to, without limitation, calculating any severance, resignation, termination, redundancy, dismissal, end-of-service payments, bonuses, holiday pay, bonuses, long-service awards, leave-related payments, pension or retirement or welfare benefits or similar mandatory payments; (h) unless otherwise agreed with the Company, the option to purchase shares of Common Stock and the shares of Common Stock acquired under the Plan, and the income from and value of same, are not granted as consideration for, or in connection with, the service I may provide as a director of any Subsidiary or Affiliate; (i) the future value of the underlying shares of Common Stock offered under the Plan is unknown, indeterminable and cannot be predicted with certainty; (i) (j) the value of such shares of Common Stock that I acquire purchased under the Plan may increase or decrease in value, the future, even below the Purchase Price; (j) (k) no claim or entitlement to compensation or damages shall arise from the forfeiture of options granted the option to me under the Plan as a result purchase shares of the Common Stock resulting from termination of my status as an Eligible Employee (for any (regardless of the reason whatsoever, for the termination and whether or not the termination is later found to be invalid or in breach of employment laws in the jurisdiction where I am employed or the terms of my employment agreement, if any); and (k) (l) for purposes of participation in the Plan, my status as an Eligible Employee will be considered terminated as of the date I am no longer actively providing services to the Company or the Employer any Designated Company (regardless of the reason for such termination and whether or not later found to be invalid or in breach of employment labor laws in the jurisdiction where I am employed or the terms of my employment agreement, if any), and unless otherwise expressly provided in this Subscription Agreement, my right to participate in the Plan and options granted to me under the Plan, if any, will terminate effective as of such date and, in any event, will not be extended by any notice period (e.g., my period of service would not include any contractual notice period or any period of "garden leave" or similar period pursuant to the mandated under employment laws in the jurisdiction in which where I am employed or the terms of my employment agreement, if any); the Company Administrator shall have the exclusive discretion to determine when I am no longer actively employed providing services for purposes of my participation in the Plan (including whether I may still be considered to be actively providing services while on a leave of absence). absence); and (m) neither the Company, the Employer nor any other Subsidiary or Affiliate shall be liable for any foreign exchange rate fluctuation between my local currency and the United States dollar that may affect the value of the shares of Common Stock or any amounts due pursuant to the purchase of the shares of Common Stock or the subsequent sale of any shares of Common Stock purchased under the Plan.
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Found in
Couchbase, Inc. contract
Nature of Grant. In accepting the grant, the Team Member acknowledges, understands, and agrees that: (a) the Plan is established voluntarily by the Company, it is discretionary in nature and it may be modified, amended, suspended or terminated by the Company at any time, unless otherwise provided in the Plan and this Agreement, and any such modification, amendment, suspension or termination will not constitute a constructive or wrongful dismissal; (b) the RSUs are extraordinary items and are not part of normal o...r expected compensation or salary for any purposes, including, but not limited to, calculating any severance, resignation, termination, redundancy, end of service payments, bonuses, long-service awards, pension or welfare or retirement benefits or similar payments; (c) in no event should the RSUs be considered as compensation for, or relating in any way to, past services for the Company or the Service Recipient, nor are the RSUs or the underlying Shares intended to replace any pension rights or compensation; (d) the future value of the underlying Shares is unknown and cannot be predicted with certainty; (e) the Company is not providing any tax, legal or financial advice, nor is the Company making any recommendations regarding the Team Member's participation in the Plan or the RSUs; (f) no claim or entitlement to compensation or damages shall arise from forfeiture of the RSUs resulting from termination of the Team Member's Service (for any reason whatsoever and whether or not in breach of local labor laws), and in consideration of the grant of the RSUs to which the Team Member is otherwise not entitled, the Team Member irrevocably (i) agrees never to institute any such claim against the Company or the Service Recipient, (ii) waives the Team Member's ability, if any, to bring any such claim, and (iii) releases the Company and the Service Recipient from any such claim. If, notwithstanding the foregoing, any such claim is allowed by a court of competent jurisdiction, then, by participating in the Plan, the Team Member shall be deemed irrevocably to have agreed not to pursue such claim and agrees to execute any and all documents necessary to request dismissal or withdrawal of such claims; and (g) the Team Member is hereby advised to consult with personal tax, legal and financial advisors regarding participation in the Plan before taking any action related to the RSUs or the Plan.
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Found in
Target contract
Nature of Grant. In accepting the grant, the Team Member acknowledges, understands, and agrees that: (a) the Plan is established voluntarily by the Company, it is discretionary in nature and it may be modified, amended, suspended or terminated by the Company at any time, unless otherwise provided in the Plan and this Agreement, and any such modification, amendment, suspension or termination will not constitute a constructive or wrongful dismissal; (b) the RSUs PSUs are extraordinary items and are not part of nor...mal or expected compensation or salary for any purposes, including, but not limited to, calculating any severance, resignation, termination, redundancy, end of service payments, bonuses, long-service awards, pension or welfare or retirement benefits or similar payments; (c) in no event should the RSUs PSUs be considered as compensation for, or relating in any way to, past services for the Company or the Service Recipient, nor are the RSUs PSUs or the underlying Shares intended to replace any pension rights or compensation; (d) the future value of the underlying Shares is unknown and cannot be predicted with certainty; (e) the Company is not providing any tax, legal or financial advice, nor is the Company making any recommendations regarding the Team Member's participation in the Plan or the RSUs; PSUs; (f) no claim or entitlement to compensation or damages shall arise from forfeiture of the RSUs PSUs resulting from termination of the Team Member's Service (for any reason whatsoever and whether or not in breach of local labor laws), and in consideration of the grant of the RSUs PSUs to which the Team Member is otherwise not entitled, the Team Member irrevocably (i) agrees never to institute any such claim against the Company or the Service Recipient, (ii) waives the Team Member's ability, if any, to bring any such claim, and (iii) releases the Company and the Service Recipient from any such claim. If, notwithstanding the foregoing, any such claim is allowed by a court of competent jurisdiction, then, by participating in the Plan, the Team Member shall be deemed irrevocably to have agreed not to pursue such claim and agrees to execute any and all documents necessary to request dismissal or withdrawal of such claims; and (g) the Team Member is hereby advised to consult with personal tax, legal and financial advisors regarding participation in the Plan before taking any action related to the RSUs PSUs or the Plan.
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Found in
Target contract
Nature of Grant. In accepting the grant, the Executive acknowledges, understands, and agrees that: (a) the Plan is established voluntarily by the Company, it is discretionary in nature and it may be modified, amended, suspended or terminated by the Company at any time, unless otherwise provided in the Plan and this Agreement, and any such modification, amendment, suspension or termination will not constitute a constructive or wrongful dismissal; (b) the RSUs are extraordinary items and are not part of normal or ...expected compensation or salary for any purposes, including, but not limited to, calculating any severance, resignation, termination, redundancy, end of service payments, bonuses, long-service awards, pension or welfare or retirement benefits or similar payments; (c) in no event should the RSUs be considered as compensation for, or relating in any way to, past services for the Company or the Service Recipient, nor are the RSUs or the underlying Shares intended to replace any pension rights or compensation; (d) the future value of the underlying Shares is unknown and cannot be predicted with certainty; (e) the Company is not providing any tax, legal or financial advice, nor is the Company making any recommendations regarding the Executive's participation in the Plan or the RSUs; (f) no claim or entitlement to compensation or damages shall arise from forfeiture of the RSUs resulting from termination of the Executive's Service (for any reason whatsoever and whether or not in breach of local labor laws), and in consideration of the grant of the RSUs to which the Executive is otherwise not entitled, the Executive irrevocably (i) agrees never to institute any such claim against the Company or the Service Recipient, (ii) waives the Executive's ability, if any, to bring any such claim, and (iii) releases the Company and the Service Recipient from any such claim. If, notwithstanding the foregoing, any such claim is allowed by a court of competent jurisdiction, then, by participating in the Plan, the Executive shall be deemed irrevocably to have agreed not to pursue such claim and agrees to execute any and all documents necessary to request dismissal or withdrawal of such claims; and (g) the Executive is hereby advised to consult with personal tax, legal and financial advisors regarding participation in the Plan before taking any action related to the RSUs or the Plan.
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Found in
Target contract
Nature of Grant. In accepting the grant, the Executive acknowledges, understands, and agrees that: (a) the Plan is established voluntarily by the Company, it is discretionary in nature and it may be modified, amended, suspended or terminated by the Company at any time, unless otherwise provided in the Plan and this Agreement, and any such modification, amendment, suspension or termination will not constitute a constructive or wrongful dismissal; 6. (b) the RSUs PBRSUs are extraordinary items and are not part of ...normal or expected compensation or salary for any purposes, including, but not limited to, calculating any severance, resignation, termination, redundancy, end of service payments, bonuses, long-service awards, pension or welfare or retirement benefits or similar payments; (c) in no event should the RSUs PBRSUs be considered as compensation for, or relating in any way to, past services for the Company or the Service Recipient, nor are the RSUs PBRSUs or the underlying Shares intended to replace any pension rights or compensation; (d) the future value of the underlying Shares is unknown and cannot be predicted with certainty; (e) the Company is not providing any tax, legal or financial advice, nor is the Company making any recommendations regarding the Executive's participation in the Plan or the RSUs; PBRSUs; (f) no claim or entitlement to compensation or damages shall arise from forfeiture of the RSUs PBRSUs resulting from termination of the Executive's Service (for any reason whatsoever and whether or not in breach of local labor laws), and in consideration of the grant of the RSUs PBRSUs to which the Executive is otherwise not entitled, the Executive irrevocably (i) agrees never to institute any such claim against the Company or the Service Recipient, (ii) waives the Executive's ability, if any, to bring any such claim, and (iii) releases the Company and the Service Recipient from any such claim. If, notwithstanding the foregoing, any such claim is allowed by a court of competent jurisdiction, then, by participating in the Plan, the Executive shall be deemed irrevocably to have agreed not to pursue such claim and agrees to execute any and all documents necessary to request dismissal or withdrawal of such claims; and (g) the Executive is hereby advised to consult with personal tax, legal and financial advisors regarding participation in the Plan before taking any action related to the RSUs PBRSUs or the Plan.
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Found in
Target contract
Nature of Grant. By accepting the Deferred Units, the Participant acknowledges, understands and agrees that: (a) the Plan is established voluntarily by the Company, it is discretionary in nature and it may be modified, amended, suspended or terminated by the Company at any time; (b) the grant of Deferred Units is exceptional, voluntary and occasional and does not create any contractual or other right to receive future grants of Deferred Units or benefits in lieu of Deferred Units, even if Deferred Units have bee...n granted in the past; (c) all decisions with respect to future Deferred Units or other grants, if any, will be at the sole discretion of the Company; (d) the Participant is voluntarily participating in the Plan; (e) the Deferred Units and the underlying Blackstone Holdings Partnership Units, and the income from and value of same, are not intended to replace any pension rights or compensation; (f) unless otherwise agreed with the Company, the Deferred Units and the underlying Blackstone Holdings Partnership Units, and the income from and value of same, are not granted as consideration for, or in connection with, the service the Participant may provide as a director of any affiliate of the Company; 7 (g) the Deferred Units and the underlying Blackstone Holdings Partnership Units, and the income from and value of same, are not part of normal or expected compensation for purposes of calculating any severance, resignation, termination, redundancy, dismissal, end-of-service payments, bonuses, long-service awards, indemnification, pension or retirement or welfare benefits or similar payments, benefits or rights of any kind; (h) the future value of the underlying Blackstone Holdings Partnership Units is unknown, indeterminable and cannot be predicted with certainty; (i) no claim or entitlement to compensation or damages shall arise from the forfeiture of the Deferred Units resulting from the Participant's termination of Employment (for any reason whatsoever, whether or not later found to be invalid or in breach of employment or other laws in the jurisdiction where the Participant is employed or otherwise rendering services, or the terms of his or her employment or service agreement, if any); and (j) for purposes of the Deferred Units, the Participant's Employment will be considered terminated (regardless of the reason for such termination and whether or not later found to be invalid or in breach of employment laws in the jurisdiction where the Participant is employed or otherwise rendering services or the terms of his or her employment or service agreement, if any) as of the date that is the earlier of (i) the date he or she is no longer actively providing services to the Company or an Affiliate or (ii) the date he or she receives notice of termination of Employment from the Company or Affiliate, and unless otherwise expressly provided in this Award Agreement or determined by the Company, the Participant's right to vest in the Deferred Units under the Plan, if any, will terminate as of such date and will not be extended by any notice period (e.g., the Participant's period of service would not include any contractual notice period or any period of "garden leave" or similar period mandated under employment laws in the jurisdiction where the Participant is employed or otherwise rendering services, or the terms of his or her employment or service agreement, if any). The Administrator will have exclusive discretion to determine when the Participant is no longer actively providing services for purposes of the Deferred Units.
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Found in
Blackstone Group L.P. contract
Nature of Grant. By accepting the Deferred Units, the Participant acknowledges, understands and agrees that: (a) the Plan is established voluntarily by the Company, Partnership, it is discretionary in nature and it may be modified, amended, suspended or terminated by the Company Partnership at any time; (b) the grant of Deferred Units is exceptional, voluntary and occasional and does not create any contractual or other right to receive future grants of Deferred Units or benefits in lieu of Deferred Units, even i...f Deferred Units have been granted in the past; (c) all decisions with respect to future Deferred Units or other grants, if any, will be at the sole discretion of the Company; Partnership; (d) the Participant is voluntarily participating in the Plan; (e) the Deferred Units and the underlying Blackstone Holdings Partnership Units, and the income from and value of same, are not intended to replace any pension rights or compensation; (f) unless otherwise agreed with the Company, Partnership, the Deferred Units and the underlying Blackstone Holdings Partnership Units, and the income from and value of same, are not granted as consideration for, or in connection with, the service the Participant may provide as a director of any affiliate of the Company; 7 Partnership; (g) the Deferred Units and the underlying Blackstone Holdings Partnership Units, and the income from and value of same, are not part of normal or expected compensation for purposes of calculating any severance, resignation, termination, redundancy, dismissal, end-of-service payments, bonuses, long-service awards, indemnification, pension or retirement or welfare benefits or similar payments, benefits or rights of any kind; (h) the future value of the underlying Blackstone Holdings Partnership Units is unknown, indeterminable and cannot be predicted with certainty; (i) no claim or entitlement to compensation or damages shall arise from the forfeiture of the Deferred Units resulting from the Participant's termination of Employment (for any reason whatsoever, whether or not later found to be invalid or in breach of employment or other laws in the jurisdiction where the Participant is employed or otherwise rendering services, or the terms of his or her employment or service agreement, if any); and (j) for purposes of the Deferred Units, the Participant's Employment will be considered terminated (regardless of the reason for such termination and whether or not later found to be invalid or in breach of employment laws in the jurisdiction where the Participant is employed or otherwise rendering services or the terms of his or her employment or service agreement, if any) as of the date that is the earlier of (i) the date he or she is no longer actively providing services to the Company Partnership or an Affiliate or (ii) the date he or she receives notice of termination of Employment from the Company Partnership or Affiliate, and unless otherwise expressly provided in this Award Agreement or determined by the Company, Partnership, the Participant's right to vest in the Deferred Units under the Plan, if any, will terminate as of such date and will not be extended by any notice period (e.g., the Participant's period of service would not include any contractual notice period or any period of "garden leave" or similar period mandated under employment laws in the jurisdiction where the Participant is employed or otherwise rendering services, or the terms of his or her employment or service agreement, if any). The Administrator will have exclusive discretion to determine when the Participant is no longer actively providing services for purposes of the Deferred Units.
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Blackstone Group L.P. contract
Nature of Grant. In accepting the PSUs, the Participant acknowledges, understands and agrees that: A.the Plan is established voluntarily by the Company, it is discretionary in nature and it may be modified, amended, suspended or terminated by the Company at any time, to the extent permitted by the Plan; B.the award of the PSUs is exceptional, voluntary and occasional and does not create any contractual or other right to receive future grants of PSUs, or benefits in lieu of PSUs, even if PSUs have been granted in... the past; C.all decisions with respect to future PSUs or other Awards, if any, will be at the sole discretion of the Company; D.the award of PSUs and the Participant's participation in the Plan shall not be interpreted as forming or amending an employment or service contract with the Company or the Employer, and shall not interfere with the ability of the Company, the Employer or any other subsidiary or affiliate, as applicable, to terminate the Participant's employment relationship (if any); E.the Participant is voluntarily participating in the Plan; F.the PSUs and the shares of Stock subject to the PSUs, and the income from and value of same, are not intended to replace any pension rights or compensation; G.the PSUs and the shares of Stock subject to the PSUs, and the income from and value of same, are not part of normal or expected compensation for purposes of, including but not limited to, calculating any severance, resignation, termination, redundancy, dismissal, end-of-service payments, bonuses, holiday pay, long-service awards, pension or retirement or welfare benefits or similar payments; H.the future value of the underlying shares of Stock is unknown, indeterminable and cannot be predicted with certainty; and I.no claim or entitlement to compensation or damages shall arise from forfeiture of the PSUs resulting from the termination of the Participant's employment (for any reason whatsoever, whether or not later found to be invalid or in breach of employment laws in the jurisdiction where the Participant is employed or the terms of the Participant's employment agreement, if any); and J.neither the Company nor the Employer shall be liable for any foreign exchange rate fluctuation between the Participant's local currency and the United States Dollar that may affect the value of the PSUs or of any amounts due to the Participant pursuant to the settlement of the PSUs or the subsequent sale of any shares of Stock acquired upon settlement.
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Found in
ENVESTNET, INC. contract
Nature of Grant. In By accepting the PSUs, the Participant acknowledges, understands Award, you acknowledge, understand and agrees agree that: A.the (a)the Plan is established voluntarily by the Company, it is discretionary in nature and it may be modified, amended, suspended or terminated by the Company at any time, to the extent permitted by the Plan; B.the award (b)the grant of the PSUs is exceptional, voluntary and occasional and does not create any contractual or other right to receive future grants of PSUs..., or benefits in lieu of PSUs, even if PSUs have been granted in the past; C.all (c)all decisions with respect to future PSUs PSU grants or other Awards, grants, if any, will be at the sole discretion of the Company; D.the award of PSUs and the Participant's participation in the Plan shall not be interpreted as forming or amending an employment or service contract with the Company or the Employer, and shall not interfere with the ability of the Company, the Employer or any other subsidiary or affiliate, as applicable, to terminate the Participant's employment relationship (if any); E.the Participant is (d)you are voluntarily participating in the Plan; F.the -5- (e)the PSUs and the shares of Stock subject to Shares underlying the PSUs, and the income from and value of same, are not intended to replace any pension rights or compensation; G.the (f)the PSUs and the shares of Stock subject to Shares underlying the PSUs, and the income from and value of same, are not part of normal or expected compensation for purposes of, including but not limited to, calculating any severance, resignation, termination, redundancy, dismissal, end-of-service payments, bonuses, long-service awards, holiday pay, long-service awards, holiday top-up, pension or retirement or welfare benefits or similar mandatory payments; H.the (g)unless otherwise agreed with the Company, the PSUs and the Shares underlying the PSUs, and the income from and value of same, are not granted as consideration for, or in connection with, the service you may provide as a director of a non‐U.S. Related Company; (h)the future value of the underlying shares of Stock Shares is unknown, indeterminable and cannot be predicted with certainty; and I.no (i)no claim or entitlement to compensation or damages shall will arise from forfeiture of the PSUs resulting from the termination (a) your Termination of the Participant's employment Service (for any reason whatsoever, whatsoever whether or not later found to be invalid or in breach of employment laws in the jurisdiction where the Participant is you are employed or providing services or the terms of the Participant's your employment or service agreement, if any); any) or (b) the application of Section 16 of the PSU Agreement or any compensation recovery or clawback policies adopted by the Company; and J.neither (j)unless otherwise provided in the Plan or by the Company in its discretion, the PSUs and the benefits evidenced by this Agreement do not create any entitlement to have the PSUs or any such benefits transferred to, or assumed by, another company nor to be exchanged, cashed out or substituted for, in connection with any corporate transaction affecting the Employer shall Common Stock; (k)the following provisions apply only if you are providing services outside of the United States: i.the PSUs and the Shares underlying the PSUs, and the income from and value of same, are not part of normal or expected compensation for any purpose; and ii.neither the Company, the Service Recipient nor any other Related Company will be liable for any foreign exchange rate fluctuation between the Participant's your local currency and the United States Dollar that may affect the value of the PSUs or of any amounts due to the Participant you pursuant to the settlement of the PSUs or the subsequent sale of any shares of Stock Shares acquired upon settlement.
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AVALARA, INC. contract
Nature of Grant. In accepting the grant of the Award, Grantee acknowledges that: (i) the Plan is established voluntarily by the Corporation, it is discretionary in nature and it may be modified, suspended or terminated by the Corporation at any time, as provided in the Plan and these Terms; (ii) the grant of the Award is voluntary and occasional and does not create any contractual or other right to receive future grants of performance shares, or benefits in lieu of performance shares even if performance shares h...ave been granted repeatedly in the past; (iii) all decisions with respect to future grants will be at the sole discretion of the Corporation; (iv) Grantee's participation in the Plan shall not create a right to further employment or service and shall not interfere with the ability of the Corporation to terminate Grantee's employment or service relationship at any time with or without cause (subject to Grantee's contract of employment or service, if one exists, and applicable law); (v) Grantee's participation in the Plan is voluntary; (vi) in the event that Grantee is not an employee of the Corporation, the Award grant will not be interpreted to form an employment contract or relationship with the Corporation, and furthermore, the Award grant will not be interpreted to form an employment contract with the Corporation and any of its affiliates; (vii) the future value of the underlying shares of Common Stock is unknown and cannot be predicted with certainty; (viii) if Grantee vests in his or her Award and shares of Common Stock are no longer restricted, the value of those shares of Common Stock acquired upon vesting may increase or decrease in value, even below the price at which such Award was originally granted; and (ix) no claim or entitlement to compensation or damages arises from termination of the Award or diminution in value of the Award or shares of Common Stock acquired pursuant to the Award whether such compensation is claimed by way of damages for wrongful dismissal or other breach of contract or by way of compensation for loss of office or employment or otherwise howsoever. Grantee irrevocably releases the Corporation and its affiliates from any such claim that may arise and Grantee shall not be entitled to any compensation or damages whatsoever or however described by reason of any termination, withdrawal or alteration of rights or expectations under the Plan.
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QLOGIC CORP contract
Nature of Grant. In accepting the grant of the Award, Option, Grantee acknowledges that: (i) the Plan is established voluntarily by the Corporation, it is discretionary in nature and it may be modified, suspended or terminated by the Corporation at any time, as provided in the Plan and these Terms; (ii) the grant of the Award Option is voluntary and occasional and does not create any contractual or other right to receive future grants of performance shares, stock options, or benefits in lieu of performance share...s stock options even if performance shares stock options have been granted repeatedly in the past; (iii) all decisions with 5 respect to future grants will be at the sole discretion of the Corporation; (iv) Grantee's participation in the Plan shall not create a right to further employment or service and shall not interfere with the ability of the Corporation to terminate Grantee's employment or service relationship at any time with or without cause (subject to Grantee's contract of employment or service, if one exists, and applicable law); (v) Grantee's participation in the Plan is voluntary; (vi) in the event that Grantee is not an employee of the Corporation, the Award Option grant will not be interpreted to form an employment contract or relationship with the Corporation, and furthermore, the Award Option grant will not be interpreted to form an employment contract with the Corporation and any of its affiliates; (vii) the future value of the underlying shares of Common Stock is unknown and cannot be predicted with certainty; (viii) if Grantee vests in his or her Award and the underlying shares of Common Stock are do not increase in value, the Option will have no longer restricted, value; (ix) if Grantee exercises his or her Option and obtains shares of Common Stock, the value of those shares of Common Stock acquired upon vesting exercise may increase or decrease in value, even below the price at which such Award was originally granted; Exercise Price; and (ix) (x) no claim or entitlement to compensation or damages arises from termination of the Award Option or diminution in value of the Award Option or shares of Common Stock acquired pursuant to the Award Option whether such compensation is claimed by way of damages for wrongful dismissal or other breach of contract or by way of compensation for loss of office or employment or otherwise howsoever. Grantee irrevocably releases the Corporation and its affiliates from any such claim that may arise and Grantee shall not be entitled to any compensation or damages whatsoever or however described by reason of any termination, withdrawal or alteration of rights or expectations under the Plan.
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QLOGIC CORP contract
Nature of Grant. In accepting this Award, you acknowledge that: (a) the Plan is established voluntarily by the Company, it is discretionary in nature and it may be modified, amended, suspended or terminated by the Company at any time, as provided in the Plan; (b) all decisions with respect to future awards, if any, will be at the sole discretion of the Company; (c) the Award is voluntary and occasional and does not create any contractual or other right to receive future Awards, or benefits in lieu of Awards; (d)... you are voluntarily participating in the Plan; (e) your Award is an extraordinary item that does not constitute compensation for services rendered to TI; (f) your Award is not part of normal or expected compensation or salary for any purposes, including, but not limited to, calculating any severance, termination, pension or retirement benefits or similar payments; (g) the Award will not be interpreted to form an employment contract or relationship with TI; (h) the future value of the underlying shares is unknown and cannot be predicted with certainty; and (i) if you receive shares, the value of such shares may increase or decrease in value.
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Found in
Texas Instruments contract
Nature of Grant. In accepting this Award, grant, you acknowledge that: (a) the Plan is established voluntarily by the Company, it is discretionary in nature and it may be modified, amended, suspended or terminated by the Company at any time, as provided in the Plan; (b) all decisions with respect to future awards, grants, if any, will be at the sole discretion of the Company; (c) the Award grant of your option is voluntary and occasional and does not create any contractual or other right to receive future Awards..., grants of options, or benefits in lieu of Awards; options; (d) you are voluntarily participating in the Plan; (e) your Award option is an extraordinary item that does not constitute compensation for services rendered to TI; (f) your Award option is not part of normal or expected compensation or salary for any purposes, including, but not limited to, calculating any severance, termination, pension or retirement benefits or similar payments; (g) the Award option grant will not be interpreted to form an employment contract or relationship with TI; (h) the future value of the underlying shares is unknown and cannot be predicted with certainty; and (i) if you receive shares, the value of such any shares acquired upon exercise may increase or decrease in value.
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Texas Instruments contract
Nature of Grant. In accepting the Award, the Grantee acknowledges, understands and agrees that: (i) the Plan is established voluntarily by the Company, it is discretionary in nature, and may be amended, suspended or terminated by the Company at any time; (ii)the grant of Performance Share Units is voluntary and occasional and does not create any contractual or other right to receive future Awards, or benefits in lieu of Performance Share Units, even if Performance Share Units have been granted in the past; 5 (ii...i)all decisions with respect to future Awards or other grants, if any, will be at the sole discretion of the Company; (iv) the grant of Performance Share Units and the Grantee's participation in the Plan shall not create a right to employment or be interpreted as forming an employment or service contract with the Company, the Grantee's employer or any Subsidiary, and shall not interfere with the ability of the Company, the Grantee's employer or any Subsidiary, as applicable, to terminate the Grantee's employment or service relationship (if any); (v) the Grantee is voluntarily participating in the Plan; (vi) the Performance Share Units and any Shares issued under the Plan are not intended to replace any pension rights or compensation; (vii) the future value of the Shares underlying the Performance Share Units is unknown and indeterminable; and (viii)the income and value of same, are not granted as consideration for, or in connection with, the service Grantee may provide as a director of a Subsidiary of the Company.
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Nasdaq, Inc. contract
Nature of Grant. In accepting the Award, the Grantee acknowledges, understands and agrees that: (i) the Plan is established voluntarily by the Company, it is discretionary in nature, and may be amended, suspended or terminated by the Company at any time; (ii)the grant of the Performance Share Units is voluntary and occasional and does not create any contractual or other right to receive future Awards, or benefits in lieu of Performance Share Units, even if Performance Share Units have been granted in the past; 5... (iii)all decisions with respect to future Awards or other grants, if any, will be at the sole discretion of the Company; 5 (iv) the grant of the Performance Share Units and the Grantee's participation in the Plan shall not create a right to employment or be interpreted as forming an employment or service contract with the Company, the Grantee's employer or any Subsidiary, and shall not interfere with the ability of the Company, the Grantee's employer or any Subsidiary, as applicable, to terminate the Grantee's employment or service relationship (if any); (v) the Grantee is voluntarily participating in the Plan; (vi) the Performance Share Units Grantees and any Shares issued under the Plan are not intended to replace any pension rights or compensation; (vii) the future value of the Shares underlying the Performance Share Units is unknown and indeterminable; and (viii)the income and value of same, are not granted as consideration for, or in connection with, the service Grantee may provide as a director of a Subsidiary of the Company. Company; 13. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principle of law that could result in the application of the law of any other jurisdiction.
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Nasdaq, Inc. contract
Nature of Grant. Employee acknowledges that (a) the future value of the underlying shares of Stock is unknown and cannot be predicted with certainty and (b) in consideration of the grant of the RSUs, no claim or entitlement to compensation or damages shall arise from termination of the RSUs or diminution in value of the shares received upon settlement including (without limitation) any claim or entitlement resulting from termination of Employee's active employment by the Company or an affiliate (for any reason w...hatsoever and whether or not in breach of local labor laws), and Employee hereby releases the Company and its affiliates from any such claim that may arise if, notwithstanding the foregoing, any such claim is found by a court of competent jurisdiction to have arisen, then, by accepting the RSUs and this Notice and Agreement, Employee shall be deemed irrevocably to have waived Employee's entitlement to pursue such claim.
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American Eagle Outfitters contract
Nature of Grant. Employee Grantee acknowledges that (a) (A) the future value of the underlying shares of Common Stock is unknown and cannot be predicted with certainty and (b) (B) in consideration of the grant of the RSUs, no claim or entitlement to compensation or damages shall arise from termination of the RSUs or diminution in value of the shares received upon settlement including (without limitation) any claim or entitlement resulting from termination of Employee's Grantee's active employment by the Company ...or an affiliate a Subsidiary (for any reason whatsoever and whether or not in breach of local labor laws), laws) and Employee Grantee hereby releases the Company and its affiliates Subsidiaries from any such claim that may arise arise; if, notwithstanding the foregoing, any such claim is found by a court of competent jurisdiction to have arisen, then, by accepting the RSUs and this Notice and Agreement, Employee Grantee shall be deemed irrevocably to have waived Employee's his or her entitlement to pursue such claim.
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Sherwin-Williams contract
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