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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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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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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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 part of my normal or expected compensation for any 22 purpose, including, but not limited to, calculating any severance, resignation, termination, redundancy, dismissal, end-of-service payments, bonuses, long-service awards, pension rights or compensation; 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 from and value of same, are not part granted as consideration for, or in connection with, the service I may provide as a director of my normal a Subsidiary 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; 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 23 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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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; 17 (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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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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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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