Nature of Grant Clause Example with 377 Variations from Business Contracts
This page contains Nature of Grant clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
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.View More
Variations of a "Nature of Grant" Clause from Business Contracts
Nature of Grant. By In accepting the Option, Participant acknowledges, understands this option, 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 this 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 options 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 (e) unless otherwise agreed with the Company, this option and the shares of Common Stock subject to this option, and the income and value of same, are not granted as consideration for, or in connection with the service you may provide as a director of a subsidiary of the Company; (f) this option and the Option and any Shares acquired under the Plan shares of Common Stock subject to this option are not intended to replace any pension rights or compensation; (g) this option and the Option and any Shares acquired under the Plan shares of Common Stock subject to this option, and the income and value of same, are 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, holiday pay, long-service awards, pension or retirement or welfare benefits or similar payments; (h) the future value of the Shares shares of Common Stock underlying the Option this option is unknown, indeterminable, indeterminable and cannot be predicted with certainty; (i) if the shares of Common Stock underlying Shares this option do not increase in value, the Option this option will have no value; (j) if Participant exercises the Option you exercise this option and acquires Shares, acquire shares of Common Stock, the value of such Shares the shares of Common Stock may increase or decrease in value, even including below the Exercise Price; option exercise price; (k) no claim or entitlement to compensation or damages will shall arise from forfeiture of this option resulting (i) from the Option resulting from Participant ceasing to provide employment or other services to the Company or the Employer termination of your Continuous Service (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 providing services or the terms of your employment agreement, if any), any) or (ii) from expiration of this option prior to its becoming exercisable; 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 (l) neither 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 Affiliate 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 this option or of any amounts due to Participant you pursuant to the exercise of the Option this option or the subsequent sale of any Shares shares of Common Stock acquired upon exercise. View More
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 at any time, to the extent permitted by the Plan; time; (b) the grant of the Option Restricted Stock Units is voluntary and occasional and does not create any contractual or other right to receive future grants of options, Restricted Stock ...Units, or benefits in lieu of options, Restricted Stock Units, even if options Restricted Stock Units have been granted in the past; (c) all decisions with respect to future Option or other Restricted Stock Units grants, if any, will be at the sole discretion of the Company; (d) the Option grant and Participant's participation in the Plan will shall not create a right to employment or be interpreted as forming an employment or service contract further Service with the Company, Employer and shall not interfere with the ability of the Employer or to terminate the Participant's Service at any Parent or Subsidiary; time; (e) the Participant is voluntarily participating in the Plan; 4 (f) the Option Restricted Stock Units and the Shares subject to the Restricted Stock Units are extraordinary items that do not constitute compensation of any kind for services of any kind rendered to the Company or the Employer, and which are outside the scope of the Participant's employment contract, if any; (g) the Restricted Stock Units and the Shares acquired under subject to the Plan Restricted Stock Units are not intended to replace any pension rights or compensation; (g) (h) the Option and any Shares acquired under the Plan Restricted Stock Units and the income and value of same, Shares subject to the Restricted Stock Units are not part of normal or expected compensation or salary for purposes of any purpose, including, but not limited to, calculating any severance, resignation, termination, redundancy, dismissal, end-of-service end of service payments, bonuses, long-service awards, pension or retirement or welfare benefits or similar payments; (h) (i) the grant of the Restricted Stock Units and the Participant's participation in the Plan will not be interpreted to form an employment contract or relationship with the Company or any Subsidiary or Affiliate; 5 (j) the future value of the underlying Shares underlying the Option is unknown, indeterminable, unknown 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 Restricted Stock Units resulting from Participant ceasing to provide employment or other services to termination of the Participant's Service by the Company or the Employer (for any reason whatsoever, whatsoever and whether or not later found to be invalid or in breach of employment laws in the jurisdiction where you are the Participant is employed or the terms of your the Participant's employment agreement, if any), and any) and, in consideration of the grant of the Option Restricted Stock Units to which the Participant is otherwise not entitled, the Participant irrevocably agrees never to institute any claim against the Company, any Parent or Subsidiary Company or the Employer, waives his or her the ability, if any, to bring any such claim, claim and releases the Company, any Parent or Subsidiary Company 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, the 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; claims; (l) unless otherwise provided in the Plan or by the Company in its discretion, the Option Restricted Stock Units and the benefits evidenced by this Option Agreement do not create any entitlement to have the Option Restricted Stock Units 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) 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 Subsidiary or Subsidiary will Affiliate shall be liable for any foreign exchange rate fluctuation between the Participant's local currency and the United States Dollar or the Swiss Franc, as applicable, that may affect the value of the Option Restricted Stock Units or of any amounts due to the Participant pursuant to the exercise settlement of the Option Restricted Stock Units or the subsequent sale of any Shares acquired upon exercise. settlement. 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Nature of Grant. By In accepting the Option, Participant acknowledges, understands and Option Holder 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 at any time, to the extent permitted by the Plan; (b) the grant of the Option is exceptional, voluntary and occasional and does not create any contractual or other right to receive future grants of options, options or benefits in lieu of... options, even if options have been granted in the past; (c) all decisions with respect to future Option options or other grants, if any, will be at the sole discretion of the Company; (d) the grant of the Option grant and Participant's Option Holder's participation in the Plan will shall not create a right to employment or be interpreted as forming an employment or service contract relationship with the Company, the Employer or any Parent or Subsidiary; Company; (e) Participant Option Holder is voluntarily participating in the Plan; 4 (f) the Option and any Shares acquired under the Plan Plan, and the income from and value of same, are not intended to replace any pension rights or compensation; (g) the Option and any Shares acquired under the Plan Plan, and the income from and value of same, are 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) the future value of the Shares underlying the Option is unknown, indeterminable, indeterminable and cannot be predicted with certainty; (i) certainty, and if the underlying Shares do not increase in value, the Option will have no value; (j) if Participant Holder exercises the Option and acquires Shares, the value of such Shares may increase or decrease in value, even below the Exercise Price; (k) Option price; (i) if the underlying Shares do not increase in value, this Option will have no value; (j) no claim or entitlement to compensation or damages will shall arise from the forfeiture of the Option resulting from Participant ceasing to provide employment or other services to the Company or the Employer Option Holder's Termination of Service (for any reason whatsoever, whether or not later found to be invalid or in breach of employment or other laws in the jurisdiction where you are Option Holder is employed or otherwise rendering services or the terms of your Option Holder's employment or service agreement, if any), and in consideration of the grant of the Option, Option to which Participant is otherwise Holder agrees 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, its Affiliates and releases Subsidiaries; (k) unless otherwise agreed with the Company, the Option and any Parent or Subsidiary Shares acquired under the Plan, and the Employer income from and value of same, are not granted as consideration for, or in connection with the service Option Holder may provide as a director of 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 Affiliate or withdrawal of such claim; Subsidiary; (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 company, nor to be exchanged, cashed out or substituted for, in connection with any corporate transaction affecting the Shares; common stock; 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 Company shall 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 Option Holder's local currency and the United States U.S. Dollar that may affect the value of the Option or of any amounts due to Participant Option Holder pursuant to the exercise of the Option or the subsequent sale of any Shares acquired upon exercise. under the Plan. View More
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 at any time, to the extent permitted by the Plan; time; (b) the grant of the Option Restricted Stock Units is voluntary and occasional and does not create any contractual or other right to receive future grants of options, Restricted Stock ...Units, or benefits in lieu of options, Restricted Stock Units, even if options Restricted Stock Units have been granted in the past; (c) all decisions with respect to future Option or other Restricted Stock Units grants, if any, will be at the sole discretion of the Company; (d) the Option grant and Participant's participation in the Plan will shall not create a right to employment or be interpreted as forming an employment or service contract further Service with the Company, Employer and shall not interfere with the ability of the Employer or to terminate the Participant's Service at any Parent or Subsidiary; time; (e) the Participant is voluntarily participating in the Plan; 4 (f) the Option Restricted Stock Units and the Shares subject to the Restricted Stock Units are extraordinary items that do not constitute compensation of any kind for services of any kind rendered to the Company or the Employer, and which are outside the scope of the Participant's employment contract, if any; (g) the Restricted Stock Units and the Shares acquired under subject to the Plan Restricted Stock Units are not intended to replace any pension rights or compensation; (g) 4 (h) the Option and any Shares acquired under the Plan Restricted Stock Units and the income and value of same, Shares subject to the Restricted Stock Units are not part of normal or expected compensation or salary for purposes of any purpose, including, but not limited to, calculating any severance, resignation, termination, redundancy, dismissal, end-of-service end of service payments, bonuses, long-service awards, pension or retirement or welfare benefits or similar payments; (h) (i) the grant of the Restricted Stock Units and the Participant's participation in the Plan will not be interpreted to form an employment contract or relationship with the Company or any Subsidiary or Affiliate; (j) the future value of the underlying Shares underlying the Option is unknown, indeterminable, unknown 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 Restricted Stock Units resulting from Participant ceasing to provide employment or other services to termination of the Participant's Service by the Company or the Employer (for any reason whatsoever, whatsoever and whether or not later found to be invalid or in breach of employment laws in the jurisdiction where you are the Participant is employed or the terms of your the Participant's employment agreement, if any), and any) and, in consideration of the grant of the Option Restricted Stock Units to which the Participant is otherwise not entitled, the Participant irrevocably agrees never to institute any claim against the Company, any Parent or Subsidiary Company or the Employer, waives his or her the ability, if any, to bring any such claim, claim and releases the Company, any Parent or Subsidiary Company 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, the 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; claims; (l) unless otherwise provided in the Plan or by the Company in its discretion, the Option Restricted Stock Units and the benefits evidenced by this Option Agreement do not create any entitlement to have the Option Restricted Stock Units 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) 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 Subsidiary or Subsidiary will Affiliate shall be liable for any foreign exchange rate fluctuation between the Participant's local currency and the United States Dollar or the Swiss Franc, as applicable, that may affect the value of the Option Restricted Stock Units or of any amounts due to the Participant pursuant to the exercise settlement of the Option Restricted Stock Units or the subsequent sale of any Shares acquired upon exercise. settlement. 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Nature of Grant. By In accepting the Option, Participant acknowledges, understands Award, you acknowledge, understand and agrees that: (a) the 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 Plan;b.the grant of the Option Units is voluntary voluntary, non-recurrent and occasional and does not create any contractual or other right ...to receive future grants of options, Units, or benefits in lieu of options, Units, even if options Units have been granted in the past; (c) all c.all decisions with respect to future Option grants of Units or other grants, awards, if any, will be at the sole discretion of the Company; (d) the Option grant d.the Award and Participant's your participation in the Plan will shall not create a right to employment or be interpreted as forming an employment or service contract with the Company, the Employer or any Parent Subsidiary, and shall not interfere with the ability of the Company, the Employer or Subsidiary; (e) Participant is any Subsidiary, as applicable, to terminate your employment relationship (if any); e.you are voluntarily participating in the Plan; 4 (f) f.the Units and the Option and any Shares acquired under shares of Common Stock subject to the Plan Units are not intended to replace any pension rights or compensation; (g) g.the Units and the Option and any Shares acquired under shares of Common Stock subject to the Plan Units, 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 benefits or payments, welfare benefits or any similar payments; (h) the h.the future value of the Shares shares of Common Stock underlying the Option Units is unknown, indeterminable, indeterminable and cannot be predicted with certainty; (i) if i.except as otherwise provided in the underlying Shares Agreement, in the Plan or by the Company in its discretion, the Units and the benefits evidenced by the Agreement do not increase create any entitlement to have the Units or any such benefits transferred to, or assumed by, another company nor be exchanged, cashed out or substituted for, in value, connection with any corporate transaction affecting the Option Common Stock of the Company; andj.in addition to subsections (a) through (i) above, the following provisions will have no value; (j) also apply if Participant exercises you are providing services outside the Option United States:MARCH 2017 -6-i.the Units and acquires Shares, the shares of Common Stock subject to the Units are not part of normal or expected compensation or salary for any purpose; ii.none of the Company, the Employer or any Subsidiary shall be liable for any foreign exchange rate fluctuation between your local currency and the U.S. dollar that may affect the value of such Shares may increase the Units or decrease in value, even below of any amounts due to you pursuant to the Exercise Price; (k) no settlement of the Units or the subsequent sale of any shares of Common Stock acquired upon settlement of the Units; iii.no claim or entitlement to compensation or damages will shall arise from forfeiture of the Option Units resulting from Participant ceasing to provide the termination of your employment or other services to the Company or the Employer (for any reason whatsoever, 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 any); andiv.in consideration of the grant of the Option Award to which Participant is you are otherwise not entitled, Participant you irrevocably agrees agree (a) never to institute any claim against the Company, any Parent or Subsidiary or the Employer, waives his or her (b) waive your ability, if any, to bring any such claim, and releases (c) release the Company, any Parent or Subsidiary its Subsidiaries 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 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 claim.11.ACKNOWLEDGEMENTS. With respect to the Plan or subject matter of Sections 2(b)(i) and (ii) and Sections 16 and 17 hereof, the Agreement represents the entire agreement between you and the Company. No waiver of any breach of any provision of this Agreement 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 shall be construed 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 a waiver of any amounts due succeeding breach or as a modification of such provision. The provisions of this Agreement shall be severable and in the event that any provision of this Agreement shall be found by any court as specified in Section 17 below to Participant pursuant to be unenforceable, in whole or in part, the exercise remainder of this Agreement shall nevertheless be enforceable and binding on the Option parties. You hereby agree that the court may modify any invalid, overbroad or unenforceable term of this Agreement so that such term, as modified, is valid and enforceable under applicable law. Further, by accepting the subsequent sale of Award, you affirmatively state that you have not, will not and cannot rely on any Shares acquired upon exercise. representations not expressly made herein. View More
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 at any time, to the extent permitted by the Plan; time; (b) the grant of the Option Restricted Stock Units is voluntary and occasional and does not create any contractual or other right to receive future grants of options, Restricted Stock ...Units, or benefits in lieu of options, Restricted Stock Units, even if options Restricted Stock Units have been granted in the past; (c) all decisions with respect to future Option or other Restricted Stock Units grants, if any, will be at the sole discretion of the Company; (d) the Option grant and Participant's participation in the Plan will shall not create a right to employment or be interpreted as forming an employment or service contract further Service with the Company, Employer and shall not interfere with the ability of the Employer or to terminate the Participant's Service at any Parent or Subsidiary; time; (e) the Participant is voluntarily participating in the Plan; 4 (f) the Option Restricted Stock Units and the Shares subject to the Restricted Stock Units are extraordinary items that do not constitute compensation of any kind for services of any kind rendered to the Company or the Employer, and which are outside the scope of the Participant's employment contract, if any; (g) the Restricted Stock Units and the Shares acquired under subject to the Plan Restricted Stock Units are not intended to replace any pension rights or compensation; (g) (h) the Option and any Shares acquired under the Plan Restricted Stock Units and the income and value of same, Shares subject to the Restricted Stock Units are not part of normal or expected compensation or salary for purposes of any purpose, including, but not limited to, calculating any severance, resignation, termination, redundancy, dismissal, end-of-service end of service payments, bonuses, long-service awards, pension or retirement or welfare benefits or similar payments; (h) (i) the grant of the Restricted Stock Units and the Participant's participation in the Plan will not be interpreted to form an employment contract or relationship with the Company or any Subsidiary or Affiliate; (j) the future value of the underlying Shares underlying the Option is unknown, indeterminable, unknown 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 Restricted Stock Units resulting from Participant ceasing to provide employment or other services to termination of the Participant's Service by the Company or the Employer (for any reason whatsoever, whatsoever and whether or not later found to be invalid or in breach of employment laws in the jurisdiction where you are the Participant is employed or the terms of your the Participant's employment agreement, if any), and any) and, in consideration of the grant of the Option Restricted Stock Units to which the Participant is otherwise not entitled, the Participant irrevocably agrees never to institute any claim against the Company, any Parent or Subsidiary Company or the Employer, waives his or her the ability, if any, to bring any such claim, claim and releases the Company, any Parent or Subsidiary Company 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, the 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; claims; (l) unless otherwise provided in the Plan or by the Company in its discretion, the Option Restricted Stock Units and the benefits evidenced by this Option Agreement do not create any entitlement to have the Option Restricted Stock Units 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) 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 Subsidiary or Subsidiary will Affiliate shall be liable for any foreign exchange rate fluctuation between the Participant's local currency and the United States Dollar or the Swiss Franc, as applicable, that may affect the value of the Option Restricted Stock Units or of any amounts due to the Participant pursuant to the exercise settlement of the Option Restricted Stock Units or the subsequent sale of any Shares acquired upon exercise. settlement. 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Nature of Grant. By In accepting the Option, Participant acknowledges, understands your option, you acknowledge, understand and agrees that: (a) agree 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) time;(b) the grant of the Option your option is exceptional, 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 repeatedly in the past; (c) past;(c) all decisions with respect to future Option or other option grants, if any, will be at the sole discretion of the Company; (d) the Option grant and Participant's Company;(d) your 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 voluntary;(e) your option and any Shares shares of Common Stock acquired under the Plan Plan, and the income from and value of same, are not intended to replace any pension rights or compensation; (g) the Option compensation;(f) your option and any Shares shares of Common Stock acquired under the Plan Plan, and the income from and value of same, are not part of normal or expected compensation for purposes of of, without limitation, calculating any severance, resignation, termination, redundancy, dismissal, end-of-service end of service payments, holiday pay, bonuses, long-service awards, pension or retirement or welfare benefits or similar payments; (h) mandatory payments;(g) the future value of the Shares shares of Common Stock underlying the Option your option is unknown, indeterminable, unknown and cannot be predicted with certainty; (i) certainty;(h) if the underlying Shares shares of Common Stock do not increase in value, the Option your option will have no value; (j) value;7 (i) if Participant exercises the Option you exercise your option and acquires Shares, acquire shares of Common Stock, the value of such Shares shares of Common Stock may increase or decrease in value, even below the Exercise Price; (k) exercise price;(j) no claim or entitlement to compensation or damages will shall arise from forfeiture of the Option your option resulting from Participant ceasing to provide employment or other services to the Company or the Employer your Termination of Service (for any reason whatsoever, whatsoever and whether or not later found to be invalid or in breach of employment laws in the jurisdiction where you are employed or otherwise rendering services, or the terms of your employment or other service agreement, if any), and in consideration of the grant of the Option to which Participant is any);(k) unless otherwise not entitled, Participant irrevocably agrees never to institute any claim against agreed with the Company, your option and any 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, any service you may provide as a director of 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) Affiliate;(l) unless otherwise provided in the Plan or by the Company in its discretion, the Option option and the benefits evidenced by this Option Agreement do not create any entitlement to have the Option option or any such benefits transferred to, or assumed by, another company nor to be exchanged, cashed out or substituted for, 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 shares of normal or expected compensation or salary for any purpose; (ii) Participant acknowledges and agrees that Common Stock; and(m) neither the Company, the Employer nor any Parent or Subsidiary will other Affiliate 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 option or of any amounts due to Participant you pursuant to the exercise of the Option option or the subsequent sale of any Shares shares of Common Stock acquired upon exercise. View More
Nature of Grant. By In accepting this Stock Option, the Option, Participant Optionee 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 at any time, to the extent permitted by the Plan; (b) the grant of the Stock 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; grants; (c) all decisions with respect to future Option awards or other grants, if any, will be at the sole discretion of the Company; (d) the Stock Option grant and Participant's the Optionee's participation in the Plan will shall not create a right to employment or be interpreted as forming an employment or service contract with the Company, Company; (e) the Employer or any Parent or Subsidiary; (e) Participant Optionee is voluntarily participating in the Plan; 4 (f) the Stock Option and any Shares shares of Stock acquired under the Plan are not intended to replace any pension rights or compensation; (g) the Stock Option and any Shares shares of Stock acquired under the Plan Plan, and the income and value of same, are 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 benefits or payments or welfare benefits or similar payments; (h) the future value of the Shares shares of Stock underlying the Stock 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 shall arise from forfeiture of the Stock Option resulting from Participant ceasing to provide the termination of the Optionee's employment or other services to the Company or the Employer relationship (for any reason whatsoever, whether or not later found to be invalid or in breach of employment laws in the jurisdiction where you are the Optionee is employed or the terms of your the Optionee's 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) any); 6 (j) unless otherwise provided in the Plan or by the Company in its discretion, the Stock Option and the benefits evidenced by this Option Agreement do not create any entitlement to have the Stock 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; Company's Stock; 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 (k) neither the Company, Employer, the Employer Company nor any Parent or other Subsidiary will shall be liable for any foreign exchange rate fluctuation between Participant's the Optionee's local currency and the United States Dollar that may affect the value of the Stock Option or of any amounts due to Participant pursuant to the Optionee in connection with the exercise of the Stock Option or the subsequent sale of any Shares shares of Stock acquired upon exercise. View More
Nature of Grant. By In accepting the Option, Participant acknowledges, understands and agrees grant, Optionee acknowledges 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 unless otherwise provided in the extent permitted by the Plan; Plan and this Option Agreement; (b) the grant of the Option Options is voluntary and occasional and does not create any contractual or other ri...ght to receive future grants of options, or benefits in lieu of options, even if options have been granted repeatedly in the past; (c) all decisions with respect to future Option or other option grants, if any, will be at the sole discretion of the Company; (d) the Option grant and Participant's Optionee's participation in the Plan will shall not create a right to further employment or be interpreted as forming an employment or service contract with the Company, Employer and shall not interfere with any ability of the Employer or any Parent or Subsidiary; (e) Participant to terminate Optionee's employment relationship;(e) Optionee is voluntarily participating in the Plan; 4 (f) the Option and Options are an extraordinary item that does not constitute compensation of any Shares acquired under the Plan are not intended to replace kind for services of 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 kind rendered 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), Employer, 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) scope of Optionee's employment contract, if any; (g) the Option and the Shares subject to the Option Options are not part of normal or expected compensation or salary for any purpose; (ii) Participant acknowledges purpose, including, but not limited to, calculating any severance, resignation, termination, redundancy, end of service payments, bonuses, long service awards, pension or retirement benefits or similar payments and agrees that neither in no event should be considered as compensation for, or relating in any way to, past services for the Company or the Employer; (h) the Option grant will not be interpreted to form an employment contract with the Company, the Employer nor or any Parent or Subsidiary Affiliated Company; (i) the future value of the underlying Shares is unknown and cannot be predicted with certainty; (j) if the underlying Shares do not increase in value, the Options will be liable for any foreign exchange rate fluctuation between Participant's local currency have no value; (k) if Optionee exercises the Options and the United States Dollar that may affect obtains Shares, the value of those Shares acquired upon exercise may increase or decrease, even below the Exercise Price; (l) in consideration of the grant of the Options, no claim or entitlement to compensation or damages shall arise from termination of the Option or diminution in value of any amounts due to Participant pursuant to the Options or Shares purchased through exercise of an Option resulting from termination of Optionee's employment the Company or the Employer (for any reason whatsoever) and Optionee irrevocably releases the Company and the Employer 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 signing this Option Agreement, Optionee shall be deemed irrevocably to have waived Optionee's entitlement to pursue such claim; and (m) in the event of termination of Optionee's employment, Optionee's right to receive the Option and vest in an Option under the Plan, if any, will terminate effective as of the date that Optionee receives notice of termination regardless of when such termination is effective; furthermore, in the event of termination of employment, Optionee's right to exercise an Option after termination of employment, if any, will be measured by the date on which the Optionee receives notice of termination; the Company shall have the exclusive discretion to determine when Optionee has terminated for purposes of the Options. In addition, any period of notice or compensation in lieu of such notice, that is given or ought to have been given under any contract, statute, common law or civil law shall be excluded from Optionee's period of employment for purposes of the subsequent sale of any Shares acquired upon exercise. Options. View More
Nature of Grant. By In accepting the Option, Participant Award, the Grantee 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 at any time, to the extent permitted by the Plan; (b) the grant of the Option Award is exceptional, voluntary and occasional and does not create any contractual or other right to receive future grants of options, restricted stock un...its, or benefits in lieu of options, restricted stock units, even if options restricted stock units have been granted in the past; (c) all decisions with respect to future Option awards 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 Grantee is voluntarily participating in the Plan; 4 (f) (e) the Option Award and the shares of Stock subject to the Award, and any Shares acquired under the Plan related income and value, are not intended to replace any pension rights or compensation; (g) (f) the Option Award and the shares of Stock subject to the Award, and any Shares acquired under the Plan and the related income and value of same, value, are not part of normal or expected compensation or salary for purposes of any purpose, including, but not limited to, 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) (g) the future value of the Shares underlying the Option shares of Stock 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) (h) no claim or entitlement to compensation or damages will shall arise from forfeiture of the Option Award resulting from Participant ceasing to provide the termination of the Grantee's employment or other services to the Company or the Employer (for any reason whatsoever, whatsoever whether or not later found to be invalid or in breach of employment laws in the jurisdiction where you are the Grantee is employed or otherwise rendering services or the terms of your the Grantee's employment or service 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) any); (i) unless otherwise provided in the Plan or by the Company in its discretion, the Option Award and the benefits evidenced by this Option Agreement do not create any entitlement to have the Option Award 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) shares of the following provisions apply only if Participant is providing services outside Company; (j) unless otherwise agreed with the United States: (i) Company, the Option Award and the Shares shares of Stock subject to the Option Award, and any related income and value, are not part granted as consideration for, or in connection with, the service the Grantee may provide as a director of normal or expected compensation or salary for any purpose; (ii) Participant acknowledges Subsidiary; and agrees that (k) neither the Company, the Employer nor any Parent or Subsidiary will shall be liable for any foreign exchange rate fluctuation between Participant's the Grantee's local currency and the United States Dollar that may affect the value of the Option Award or of any amounts due to Participant the Grantee pursuant to the exercise settlement of the Option Award or the subsequent sale of any Shares shares of Stock acquired upon exercise. settlement. View More
