Nature of the Grant Clause Example with 25 Variations from Business Contracts
This page contains Nature of the 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 the Grant. In accepting the RSUs, the Participant acknowledges that: (a) the Plan is established voluntarily by the Company, it is discretionary in nature and may be modified, amended, suspended or terminated by the Company at any time, unless otherwise provided in the Plan and this Agreement; (b) the grant of the RSUs is voluntary and occasional and does not create any contractual or other right to receive future awards of RSUs, or benefits in lieu of RSUs even if RSUs have been awarded repeatedly in the ...past; (c) all decisions with respect to future grants of RSUs, if any, will be at the sole discretion of the Company; (d) the Participant's participation in the Plan is voluntary; (e) the RSUs are outside the scope of the Participant's employment contract, if any; (f) the RSUs are not part of normal or expected compensation or salary for any purpose, including, but not limited to, calculation of any overtime, severance, resignation, termination, redundancy, end of service payments, bonuses, long-service awards, pension or retirement benefits or similar payments; (g) in the event that the Participant is not an employee of the Company, the grant of the RSUs will not be interpreted to form an employment contract or relationship with the Company; and furthermore, the grant of the RSUs will not be interpreted to form an employment contract with the Employer or any Related Entity; (h) the future value of the underlying Shares is unknown and cannot be predicted with certainty; (i) if the Participant receives Shares upon vesting of the RSUs, the value of such Shares may increase or decrease in value; (j) in consideration of the grant of the RSUs, no claim or entitlement to compensation or damages arises from termination of the RSUs or diminution in value of the RSUs or Shares received upon vesting of RSUs resulting from termination of the Participant's Service to the Company or the Employer (for any reason whatsoever and whether or not in breach of local labor laws) and the Participant 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 Agreement, the Participant shall be deemed irrevocably to have waived his or her entitlement to pursue such claim.View More
Variations of a "Nature of the Grant" Clause from Business Contracts
Nature of the Grant. In By accepting the RSUs, this Agreement, the Participant acknowledges that: as follows: (a) the The Plan is established voluntarily by the Company, it is discretionary in nature and may be modified, amended, suspended or terminated by the Company at any time, unless otherwise provided in to the Plan and this Agreement; extent permitted by the Plan. (b) the The grant of the RSUs PSUs is exceptional, voluntary and occasional and does not create any contractual or other right to receive future awa...rds of RSUs, PSUs or benefits in lieu of RSUs PSUs even if RSUs PSUs have been awarded repeatedly in the past; (c) all past. All decisions with respect to future grants of RSUs, PSUs and/or Shares, if any, will be are at the Company's sole discretion discretion. (c) The PSUs and the Shares subject to the PSUs are extraordinary items that do not constitute compensation of any kind for services of any kind rendered to the Company; (d) Company, and the Participant's participation in the Plan is voluntary; (e) the RSUs PSUs are outside the scope of the Participant's employment or services contract, if any; any. (d) The Participant is voluntarily participating in the Plan. (e) The PSUs, the Shares subject to the PSUs, and the income and value of the PSUs and Shares are not intended to replace any pension rights or compensation. (f) The PSUs, the RSUs Shares, and the income and value of the PSUs and Shares are not part of normal or expected compensation or salary for any purpose, including, purpose (including but not limited to, to the calculation of any overtime, severance, resignation, termination, redundancy, dismissal or end of service payments, bonuses, payments; bonuses; long-service awards, pension awards; pension, retirement or retirement benefits welfare benefits; or similar payments; payments) and in no event should be considered as compensation for, or relating in any way to, past services for the Company. (g) Unless the parties otherwise agree, the PSUs, the Shares subject to the PSUs, and the income and value of the same are not consideration for, or granted in the event that connection with, any service the Participant is not an employee may provide as a director of a subsidiary of the Company, the grant of the RSUs will not be interpreted to form an employment contract or relationship with the Company; and furthermore, the grant of the RSUs will not be interpreted to form an employment contract with the Employer or any Related Entity; Company. (h) the The future value of the Shares underlying Shares the PSUs is unknown and cannot be predicted with certainty; (i) if certainty. If the Participant receives Shares upon vesting of the RSUs, a Performance Dependent Issuance, the value of such Shares may increase or decrease in value; (j) in value. (i) In consideration of the grant of the RSUs, PSUs, no claim or entitlement to compensation or damages arises from termination of the RSUs PSUs or Shares, diminution in value of the RSUs Shares or Shares received upon vesting of RSUs resulting from termination of the Participant's Service to employment or other service relationship by the Company or the Employer (for for any reason whatsoever and whether or not in breach of local applicable labor laws) and laws or the Participant's employment agreement, if any. The Participant irrevocably releases the Company and the Employer from any such claim that may arise; if, arise. If, notwithstanding 5Employee PSU agreement the foregoing, any such claim is found by a court of competent jurisdiction to have arisen, then, by signing accepting this Agreement, the Participant shall be is deemed irrevocably to have waived his or her their entitlement to pursue such claim. (j) Further, if the Participant ceases to be an Eligible Participant for any reason whatsoever and whether or not in breach of applicable labor laws or the Participant's employment agreement, if any, the Participant's right to vesting of the PSUs under this Agreement and the Plan, if any, terminates effective as of the date that the Participant is no longer actively employed by the Company or is no longer otherwise an Eligible Participant, and will not be extended by any notice period mandated under applicable law. The Company has the exclusive discretion to determine when the Participant is no longer an Eligible Participant for purposes of this Agreement and the Plan. (k) The Participant acknowledges and agrees that neither the Company nor any of its affiliates or agents is liable for any foreign exchange rate fluctuation between Participant's local currency and the United States Dollar that may affect the value of the PSUs or of any amounts due to Participant pursuant to the settlement of the PSUs or the subsequent sale of any Shares acquired upon settlement. View More
Nature of the Grant. In By accepting the RSUs, this Agreement, the Participant acknowledges that: as follows: (a) the The Plan is established voluntarily by the Company, it is discretionary in nature and may be modified, amended, suspended or terminated by the Company at any time, unless otherwise provided in to the Plan and this Agreement; extent permitted by the Plan. (b) the The grant of the RSUs PSUs is exceptional, voluntary and occasional and does not create any contractual or other right to receive future awa...rds of RSUs, PSUs or benefits in lieu of RSUs PSUs even if RSUs PSUs have been awarded repeatedly in the past; (c) all past. All decisions with respect to future grants of RSUs, PSUs and/or Shares, if any, will be are at the Company's sole discretion discretion. (c) The PSUs and the Shares subject to the PSUs are extraordinary items that do not constitute compensation of any kind for services of any kind rendered to the Company; (d) Company, and the Participant's participation in the Plan is voluntary; (e) the RSUs PSUs are outside the scope of the Participant's employment or services contract, if any; any. (d) The Participant is voluntarily participating in the Plan. (e) The PSUs, the Shares subject to the PSUs, and the income and value of the PSUs and Shares are not intended to replace any pension rights or compensation. (f) The PSUs, the RSUs Shares, and the income and value of the PSUs and Shares are not part of normal or expected compensation or salary for any purpose, including, purpose (including but not limited to, to the calculation of any overtime, severance, resignation, termination, redundancy, dismissal or end of service payments, bonuses, payments; bonuses; long-service awards, pension awards; pension, retirement or retirement benefits welfare benefits; or similar payments; payments) and in no event should be considered as compensation for, or relating in any way to, past services for the Company. (g) Unless the parties otherwise agree, the PSUs, the Shares subject to the PSUs, and the income and value of the same are not consideration for, or granted in the event that connection with, any service the Participant is not an employee may provide as a director of a subsidiary of the Company, the grant of the RSUs will not be interpreted to form an employment contract or relationship with the Company; and furthermore, the grant of the RSUs will not be interpreted to form an employment contract with the Employer or any Related Entity; Company. (h) the The future value of the Shares underlying Shares the PSUs is unknown and cannot be predicted with certainty; (i) if certainty. If the Participant receives Shares upon vesting of the RSUs, a Performance Dependent Issuance, the value of such Shares may increase or decrease in value; (j) in value. (i) In consideration of the grant of the RSUs, PSUs, no claim or entitlement to compensation or damages arises from termination of the RSUs PSUs or Shares, diminution in value of the RSUs Shares or Shares received upon vesting of RSUs resulting from termination of the Participant's Service to employment or other service relationship by the Company or the Employer (for for any reason whatsoever and whether or not in breach of local applicable labor laws) and laws or the Participant's employment agreement, if any. The Participant irrevocably releases the Company and the Employer from any such claim that may arise; if, arise. If, notwithstanding 5CEO PSU agreement the foregoing, any such claim is found by a court of competent jurisdiction to have arisen, then, by signing accepting this Agreement, the Participant shall be is deemed irrevocably to have waived his or her entitlement to pursue such claim. (j) Further, if the Participant ceases to be an Eligible Participant for any reason whatsoever and whether or not in breach of applicable labor laws or the Participant's employment agreement, if any, the Participant's right to vesting of the PSUs under this Agreement and the Plan, if any, terminates effective as of the date that the Participant is no longer actively employed by the Company or is no longer otherwise an Eligible Participant, and will not be extended by any notice period mandated under applicable law. The Company has the exclusive discretion to determine when the Participant is no longer an Eligible Participant for purposes of this Agreement and the Plan. (k) The Participant acknowledges and agrees that neither the Company nor any of its affiliates or agents is liable for any foreign exchange rate fluctuation between Participant's local currency and the United States Dollar that may affect the value of the PSUs or of any amounts due to Participant pursuant to the settlement of the PSUs or the subsequent sale of any Shares acquired upon settlement. View More
Nature of the Grant. In By accepting the RSUs, this Agreement, the Participant acknowledges that: as follows: (a) the The Plan is established voluntarily by the Company, it is discretionary in nature and may be modified, amended, suspended or terminated by the Company at any time, unless otherwise provided in to the Plan and this Agreement; extent permitted by the Plan. (b) the The grant of the RSUs PSUs is exceptional, voluntary and occasional and does not create any contractual or other right to receive future awa...rds of RSUs, PSUs or benefits in lieu of RSUs PSUs even if RSUs PSUs have been awarded repeatedly in the past; (c) all past. All decisions with respect to future grants of RSUs, PSUs and/or Shares, if any, will be are at the Company's sole discretion discretion. (c) The PSUs and the Shares subject to the PSUs are extraordinary items that do not constitute compensation of any kind for services of any kind rendered to the Company; (d) Company, and the Participant's participation in the Plan is voluntary; (e) the RSUs PSUs are outside the scope of the Participant's employment or services contract, if any; any. (d) The Participant is voluntarily participating in the Plan. (e) The PSUs, the Shares subject to the PSUs, and the income and value of the PSUs and Shares are not intended to replace any pension rights or compensation. (f) The PSUs, the RSUs Shares, and the income and value of the PSUs and Shares are not part of normal or expected compensation or salary for any purpose, including, including but not limited to, to the calculation of any overtime, severance, resignation, termination, redundancy, end of service payments, bonuses, long-service awards, pension or retirement benefits or similar payments; payments, and in no event should be considered as compensation for, or relating in any way to, past services for the Company. (g) in the event that the Participant is not an employee of the Company, the grant of the RSUs will not be interpreted to form an employment contract or relationship with the Company; and furthermore, the grant of the RSUs will not be interpreted to form an employment contract with the Employer or any Related Entity; (h) the The future value of the Shares underlying Shares the PSUs is unknown and cannot be predicted with certainty; (i) if certainty. If the Participant receives Shares upon vesting of the RSUs, a Performance Dependent Issuance, the value of such Shares may increase or decrease in value; (j) in value. (h) In consideration of the grant of the RSUs, PSUs, no claim or entitlement to compensation or damages arises from termination of the RSUs PSUs or Shares, diminution in value of the RSUs Shares or Shares received upon vesting of RSUs resulting from termination of the Participant's Service to employment by the Company or the Employer (for for any reason whatsoever and whether or not in breach of local labor laws) and the laws. The Participant irrevocably releases the Company and the Employer from any such claim that may arise; if, arise. If, notwithstanding the foregoing, any such claim is found by a court of competent jurisdiction to have 5Employee SPSU agreement arisen, then, by signing accepting this Agreement, the Participant shall be is deemed irrevocably to have waived his or her entitlement to pursue such claim. (i) Further, if the Participant ceases to be an Eligible Participant for any reason whatsoever and whether or not in breach of local labor laws, the Participant's right to vesting of the PSUs under this Agreement and the Plan, if any, terminates effective as of the date that the Participant is no longer actively employed by the Company or is no longer otherwise an Eligible Participant, and will not be extended by any notice period mandated under local law. The Company has the exclusive discretion to determine when the Participant is no longer an Eligible Participant for purposes of this Agreement and the Plan. (j) The Participant acknowledges and agrees that neither the Company nor any of its affiliates is liable for any foreign exchange rate fluctuation between Participant's local currency and the United States Dollar that may affect the value of the PSUs or of any amounts due to Participant pursuant to the settlement of the PSUs or the subsequent sale of any Shares acquired upon settlement. View More
Nature of the Grant. In By accepting the RSUs, this Agreement, the Participant acknowledges that: as follows: (a) the The Plan is established voluntarily by the Company, it is discretionary in nature and may be modified, amended, suspended or terminated by the Company at any time, unless otherwise provided in to the Plan and this Agreement; extent permitted by the Plan. (b) the The grant of the RSUs PSUs is exceptional, voluntary and occasional and does not create any contractual or other right to receive future awa...rds of RSUs, PSUs or benefits in lieu of RSUs PSUs even if RSUs PSUs have been awarded repeatedly in the past; (c) all past. All decisions with respect to future grants of RSUs, PSUs and/or Shares, if any, will be are at the Company's sole discretion discretion. (c) The PSUs and the Shares subject to the PSUs are extraordinary items that do not constitute compensation of any kind for services of any kind rendered to the Company; (d) Company, and the Participant's participation in the Plan is voluntary; (e) the RSUs PSUs are outside the scope of the Participant's employment or services contract, if any; any. (d) The Participant is voluntarily participating in the Plan. (e) The PSUs, the Shares subject to the PSUs, and the income and value of the PSUs and Shares are not intended to replace any pension rights or compensation. (f) The PSUs, the RSUs Shares, and the income and value of the PSUs and Shares are not part of normal or expected compensation or salary for any purpose, including, purpose (including but not limited to, to the calculation of any overtime, severance, resignation, termination, redundancy, dismissal or end of service payments, bonuses, payments; bonuses; long-service awards, pension awards; pension, retirement or retirement benefits welfare benefits; or similar payments; payments) and in no event should be considered as compensation for, or relating in any way to, past services for the Company. (g) Unless the parties otherwise agree, the PSUs, the Shares subject to the PSUs, and the income and value of the same are not consideration for, or granted in the event that connection with, any service the Participant is not an employee may provide as a director of a subsidiary of the Company, the grant of the RSUs will not be interpreted to form an employment contract or relationship with the Company; and furthermore, the grant of the RSUs will not be interpreted to form an employment contract with the Employer or any Related Entity; Company. (h) the The future value of the Shares underlying Shares the PSUs is unknown and cannot be predicted with certainty; (i) if certainty. If the Participant receives Shares upon vesting of the RSUs, a Performance Dependent Issuance, the value of such Shares may increase or decrease in value; (j) in value. (i) In consideration of the grant of the RSUs, PSUs, no claim or entitlement to compensation or damages arises from termination of the RSUs PSUs or Shares, diminution in value of the RSUs Shares or Shares received upon vesting of RSUs resulting from termination of the Participant's Service to employment or other service relationship by the Company or the Employer (for for any reason whatsoever and whether or not in breach of local applicable labor laws) and laws or the Participant's employment agreement, if any. The Participant irrevocably releases the Company and the Employer from any such claim that may arise; if, arise. If, notwithstanding the foregoing, any such claim is found by a court of competent jurisdiction to have arisen, then, by signing accepting this Agreement, the Participant shall be is deemed irrevocably to have waived his or her entitlement to pursue such claim. (j) Further, if the Participant ceases to be an Eligible Participant for any reason whatsoever and whether or not in breach of applicable labor laws or the Participant's employment agreement, if any, the Participant's right to vesting of the PSUs under this Agreement and the Plan, if any, terminates effective as of the date that the Participant is no longer actively employed by the Company or is no longer otherwise an Eligible Participant, and will not be extended by any notice period mandated under applicable law. The Company has the exclusive discretion to determine when the Participant is no longer an Eligible Participant for purposes of this Agreement and the Plan. (k) The Participant acknowledges and agrees that neither the Company nor any of its affiliates or agents is liable for any foreign exchange rate fluctuation between Participant's local currency and the United States Dollar that may affect the value of the PSUs or of any amounts due to Participant pursuant to the settlement of the PSUs or the subsequent sale of any Shares acquired upon settlement. View More
Nature of the Grant. In By accepting the RSUs, this Agreement, the Participant acknowledges that: as follows: (a) the The Plan is established voluntarily by the Company, it is discretionary in nature and may be modified, amended, suspended or terminated by the Company at any time, unless otherwise provided in to the Plan and this Agreement; extent permitted by the Plan. (b) the The grant of the RSUs PSUs is exceptional, voluntary and occasional and does not create any contractual or other right to receive future awa...rds of RSUs, PSUs or benefits in lieu of RSUs PSUs even if RSUs PSUs have been awarded repeatedly in the past; (c) all past. All decisions with respect to future grants of RSUs, PSUs and/or Shares, if any, will be are at the Company's sole discretion discretion. (c) The PSUs and the Shares subject to the PSUs are extraordinary items that do not constitute compensation of any kind for services of any kind rendered to the Company; (d) Company, and the Participant's participation in the Plan is voluntary; (e) the RSUs PSUs are outside the scope of the Participant's employment or services contract, if any; any. (d) The Participant is voluntarily participating in the Plan. (e) The PSUs, the Shares subject to the PSUs, and the income and value of the PSUs and Shares are not intended to replace any pension rights or compensation. (f) The PSUs, the RSUs Shares, and the income and value of the PSUs and Shares are not part of normal or expected compensation or salary for any purpose, including, including but not limited to, to the calculation of any overtime, severance, resignation, termination, redundancy, end of service payments, bonuses, long-service awards, pension or retirement benefits or similar payments; payments, and in no event should be considered as compensation for, or relating in any way to, past services for the Company. (g) in the event that the Participant is not an employee of the Company, the grant of the RSUs will not be interpreted to form an employment contract or relationship with the Company; and furthermore, the grant of the RSUs will not be interpreted to form an employment contract with the Employer or any Related Entity; (h) the The future value of the Shares underlying Shares the PSUs is unknown and cannot be predicted with certainty; (i) if certainty. If the Participant receives Shares upon vesting of the RSUs, a Performance Dependent Issuance, the value of such Shares may increase or decrease in value; (j) in value. (h) In consideration of the grant of the RSUs, PSUs, no claim or entitlement to compensation or damages arises from termination of the RSUs PSUs or Shares, diminution in value of the RSUs Shares or Shares received upon vesting of RSUs resulting from termination of the Participant's Service to employment by the Company or the Employer (for for any reason whatsoever and whether or not in breach of local labor laws) and the laws. The Participant irrevocably releases the Company and the Employer from any such claim that may arise; if, arise. If, notwithstanding the foregoing, any such claim is found by a court of competent jurisdiction to have arisen, then, by signing accepting this Agreement, the Participant shall be is deemed irrevocably to have waived his or her entitlement to pursue such claim. (i) Further, if the Participant ceases to be an Eligible Participant for any reason whatsoever and whether or not in breach of local labor laws, the Participant's right to vesting of the PSUs under this Agreement and the Plan, if any, terminates effective as of the date that the Participant is no longer actively employed by the Company or is no longer otherwise an Eligible Participant, and will not be extended by any notice period mandated under local law. The Company has the exclusive discretion to determine when the Participant is no longer an Eligible Participant for purposes of this Agreement and the Plan. (j) The Participant acknowledges and agrees that neither the Company nor any of its affiliates is liable for any foreign exchange rate fluctuation between Participant's local currency and the United States Dollar that may affect the value of the PSUs or of any amounts due to Participant pursuant to the settlement of the PSUs or the subsequent sale of any Shares acquired upon settlement. View More
Nature of the Grant. In By accepting the RSUs, this Agreement, the Participant acknowledges that: as follows: (a) the The Plan is established voluntarily by the Company, it is discretionary in nature and may be modified, amended, suspended or terminated by the Company at any time, unless otherwise provided to the extent permitted by the Plan. (b) The Participant is voluntarily participating in the Plan Plan. (c) The PSUs, the Shares, and this Agreement; (b) the grant income and value of the RSUs is voluntary PSUs an...d occasional and does not create any contractual or other right to receive future awards of RSUs, or benefits in lieu of RSUs even if RSUs have been awarded repeatedly in the past; (c) all decisions with respect to future grants of RSUs, if any, will be at the sole discretion of the Company; (d) the Participant's participation in the Plan is voluntary; (e) the RSUs are outside the scope of the Participant's employment contract, if any; (f) the RSUs Shares are not part of normal or expected compensation or salary for any purpose, including, purpose (including but not limited to, to the calculation of any overtime, severance, resignation, termination, redundancy, dismissal or end of service payments, bonuses, payments; bonuses; long-service awards, pension awards; pension, retirement or retirement benefits welfare benefits; or similar payments; (g) payments) and in no event should be considered as compensation for, or relating in any way to, past services for the event that Company. (d) Unless the parties otherwise agree, the PSUs, the Shares subject to the PSUs, and the income and value of the same are not consideration for, or granted in connection with, any service the Participant is not an employee may provide as a director of a subsidiary of the Company, the grant of the RSUs will not be interpreted to form an employment contract or relationship with the Company; and furthermore, the grant of the RSUs will not be interpreted to form an employment contract with the Employer or any Related Entity; (h) the Company. (e) The future value of the Shares underlying Shares the PSUs is unknown and cannot be predicted with certainty; (i) if certainty. If the Participant receives Shares upon vesting of the RSUs, a Performance Dependent Issuance, the value of such Shares may increase or decrease in value; (j) in value. (f) In consideration of the grant of the RSUs, PSUs, no claim or entitlement to compensation or damages arises from termination of the RSUs PSUs or Shares, diminution in value of the RSUs Shares or Shares received upon vesting of RSUs resulting from termination of the Participant's Service to relationship with the Company or the Employer (for for any reason whatsoever and whether or not in breach of local labor laws) and the applicable laws. The Participant irrevocably releases the Company and the Employer from any such claim that may arise; if, arise. If, notwithstanding the foregoing, any such claim is found by a court of competent jurisdiction to have arisen, then, by signing accepting this Agreement, the Participant shall be is deemed irrevocably to have waived his or her their entitlement to pursue such claim. (g) Further, if the Participant ceases to be an Eligible Participant for any reason whatsoever and whether or not in breach of applicable laws, the Participant's right to vesting of the PSUs under this Agreement and the Plan, if any, terminates effective as of the date that the Participant is longer an Eligible Participant, and will not be extended by any notice period mandated under applicable law. The Company has the exclusive discretion to determine when the Participant is no longer an Eligible Participant for purposes of this Agreement and the Plan. (h) The Participant acknowledges and agrees that neither the Company nor any of its affiliates or agents is liable for any foreign exchange rate fluctuation between Participant's local currency 5Non-employee director PSU agreement and the United States Dollar that may affect the value of the PSUs or of any amounts due to Participant pursuant to the settlement of the PSUs or the subsequent sale of any Shares acquired upon settlement. View More
Nature of the Grant. In By accepting the RSUs, this Agreement, the Participant acknowledges that: as follows: (a) the The Plan is established voluntarily by the Company, it is discretionary in nature and may be modified, amended, suspended or terminated by the Company at any time, unless otherwise provided to the extent permitted by the Plan. (b) The Participant is voluntarily participating in the Plan Plan. (c) The PSUs, the Shares, and this Agreement; (b) the grant income and value of the RSUs is voluntary PSUs an...d occasional and does not create any contractual or other right to receive future awards of RSUs, or benefits in lieu of RSUs even if RSUs have been awarded repeatedly in the past; (c) all decisions with respect to future grants of RSUs, if any, will be at the sole discretion of the Company; (d) the Participant's participation in the Plan is voluntary; (e) the RSUs are outside the scope of the Participant's employment contract, if any; (f) the RSUs Shares are not part of normal or expected compensation or salary for any purpose, including, purpose (including but not limited to, to the calculation of any overtime, severance, resignation, termination, redundancy, dismissal or end of service payments, bonuses, payments; bonuses; long-service awards, pension awards; pension, retirement or retirement benefits welfare benefits; or similar payments; (g) payments) and in no event should be considered as compensation for, or relating in any way to, past services for the event that Company. (d) Unless the parties otherwise agree, the PSUs, the Shares subject to the PSUs, and the income and value of the same are not consideration for, or granted in connection with, any service the Participant is not an employee may provide as a director of a subsidiary of the Company, the grant of the RSUs will not be interpreted to form an employment contract or relationship with the Company; and furthermore, the grant of the RSUs will not be interpreted to form an employment contract with the Employer or any Related Entity; (h) the Company. (e) The future value of the Shares underlying Shares the PSUs is unknown and cannot be predicted with certainty; (i) if certainty. If the Participant receives Shares upon vesting of the RSUs, a Performance Dependent Issuance, the value of such Shares may increase or decrease in value; (j) in value. (f) In consideration of the grant of the RSUs, PSUs, no claim or entitlement to compensation or damages arises from termination of the RSUs PSUs or Shares, diminution in value of the RSUs Shares or Shares received upon vesting of RSUs resulting from termination of the Participant's Service to relationship with the Company or the Employer (for for any reason whatsoever and whether or not in breach of local labor laws) and the applicable laws. The Participant irrevocably releases the Company and the Employer from any such claim that may arise; if, arise. If, notwithstanding the foregoing, any such claim is found by a court of competent jurisdiction to have arisen, then, by signing accepting this Agreement, the Participant shall be is deemed irrevocably to have waived his or her entitlement to pursue such claim. (g) Further, if the Participant ceases to be an Eligible Participant for any reason whatsoever and whether or not in breach of applicable laws, the Participant's right to vesting of the PSUs under this Agreement and the Plan, if any, terminates effective as of the date that the Participant is no longer an Eligible Participant, and will not be extended by any notice period mandated under applicable law. The Company has the exclusive discretion to determine when the Participant is no longer an Eligible Participant for purposes of this Agreement and the Plan. (h) The Participant acknowledges and agrees that neither the Company nor any of its affiliates or agents is liable for any foreign exchange rate fluctuation between Participant's local currency and the United States Dollar that may affect the value of the PSUs or of any amounts due to Participant pursuant to the settlement of the PSUs or the subsequent sale of any Shares acquired upon settlement. View More
Nature of the Grant. In accepting the grant of these RSUs, the Participant acknowledges that: (a) the acknowledges, understands and agrees as follows: (a)the Plan is established voluntarily by the Company, it is discretionary in nature and and, to the extent permitted by the Plan, it may be modified, amended, suspended or terminated by the Company at any time, unless otherwise provided in to the Plan and this Agreement; (b) extent permitted by the Plan; (b)the grant of the RSUs is exceptional, voluntary and occasion...al and does not create any contractual or other right to receive future grants of restricted share units, or other awards of RSUs, or benefits in lieu of RSUs restricted share units, even if RSUs restricted share units have been awarded repeatedly granted in the past; (c) all (c)all decisions with respect to future restricted share unit grants of RSUs, or other awards or benefits, if any, will be at the sole discretion of the Company; (d) the Participant's participation Committee; (d)Participant is voluntarily participating in the Plan is voluntary; (e) Plan; (e)the RSUs and Shares subject to the RSUs, and the income from and value of same, are not intended to replace any pension rights or pension compensation; (f)the RSUs are outside and Shares subject to the scope RSUs, and the income from and value of the Participant's employment contract, if any; (f) the RSUs same, are not part of of, or normal or expected compensation or salary for any purpose, including, but not limited to, calculation of calculating any overtime, severance, resignation, termination, payment in lieu of notice, redundancy, end of service dismissal, end-of-service payments, holiday pay, bonuses, long-service awards, leave-related payments, non-U.S. pension or retirement or welfare benefits or similar mandatory payments; (g) in the event that the Participant is not an employee of the Company, the grant of the RSUs will not be interpreted to form an employment contract or relationship with the Company; and furthermore, the grant of the RSUs will not be interpreted to form an employment contract with the Employer or any Related Entity; (h) the (g)the future value of the underlying Shares is unknown and cannot be predicted with certainty; (i) if the Participant receives Shares upon vesting of the RSUs, the value of such Shares may increase or decrease in value; (j) in consideration of the grant of the RSUs, no predicted; (h)no claim or entitlement to compensation or damages arises shall arise from termination of the RSUs or diminution in value of the RSUs or Shares received upon vesting forfeiture of RSUs resulting from termination of the Participant's Service to the Company employment or the Employer service (for any reason whatsoever and whatsoever, whether or not later found to be invalid or in breach of local labor laws) employment laws in the jurisdiction where Participant is employed or provides services or the terms of Participant's Employment Agreement, if any); (i)Unless otherwise agreed with the Company, the RSUs and Shares subject to the RSUs, and the income from and value of same, are not granted as consideration for, or in connection with, the service Participant irrevocably releases may provide as a director of an Affiliate; and (j)If Participant's local currency is not the U.S. Dollar, neither the Company nor any Affiliate shall be liable for any foreign exchange rate fluctuation between Participant's local currency and the Employer from any such claim U.S. Dollar that may arise; if, notwithstanding affect the foregoing, value of the RSUs or of any such claim is found by a court amounts due to Participant pursuant to the settlement of competent jurisdiction to have arisen, then, by signing this Agreement, the Participant shall be deemed irrevocably to have waived his RSUs or her entitlement to pursue such claim. the subsequent sale of any Shares acquired upon vesting. View More
Nature of the Grant. In accepting the RSUs, mPRSUs, the Participant acknowledges that: (a) the Plan is established voluntarily by the Company, it is discretionary in nature and may be modified, amended, suspended or terminated by the Company at any time, unless otherwise provided in the Plan and this Agreement; (b) the grant of the RSUs mPRSUs is voluntary and occasional and does not create any contractual or other right to receive future awards of RSUs, mPRSUs, or benefits in lieu of RSUs mPRSUs even if RSUs mPRSUs... have been awarded repeatedly in the past; (c) all decisions with respect to future grants of RSUs, mPRSUs, if any, will be at the sole discretion of the Company; (d) the Participant's participation in the Plan is voluntary; (e) the RSUs mPRSUs are outside the scope of the Participant's employment contract, if any; (f) the RSUs mPRSUs are not part of normal or expected compensation or salary for any purpose, including, but not limited to, calculation of any overtime, severance, resignation, termination, redundancy, end of service payments, bonuses, long-service awards, pension or retirement benefits or similar payments; 1 2007 Stock Incentive Plan Market-Based Performance Restricted Stock Unit Award Agreement for U.S. Participants (g) in the event that the Participant is not an employee of the Company, the grant of the RSUs mPRSUs will not be interpreted to form an employment contract or relationship with the Company; and furthermore, the grant of the RSUs mPRSUs will not be interpreted to form an employment contract with the Employer or any Related Entity; Affiliate; (h) the future value of the underlying Shares is unknown and cannot be predicted with certainty; (i) if the Participant receives Shares upon vesting of the RSUs, mPRSUs, the value of such Shares may increase or decrease in value; (j) in consideration of the grant of the RSUs, mPRSUs, no claim or entitlement to compensation or damages arises from termination of the RSUs mPRSUs or diminution in value of the RSUs or Shares mPRSUs received upon vesting of RSUs mPRSUs resulting from termination of the Participant's Service to the Company or the Employer (for any reason whatsoever and whether or not in breach of local labor laws) and the Participant 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 Agreement, the Participant shall be deemed irrevocably to have waived his or her entitlement to pursue such claim. View More
Nature of the Grant. In accepting the RSUs, mPRSUs, the Participant acknowledges that: (a) the Plan is established voluntarily by the Company, it is discretionary in nature and may be modified, amended, suspended or terminated by the Company at any time, unless otherwise provided in the Plan and this Agreement; (b) the grant of the RSUs mPRSUs is voluntary and occasional and does not create any contractual or other right to receive future awards of RSUs, mPRSUs, or benefits in lieu of RSUs mPRSUs even if RSUs mPRSUs... have been awarded repeatedly in the past; (c) all decisions with respect to future grants of RSUs, mPRSUs, if any, will be at the sole discretion of the Company; (d) the Participant's participation in the Plan is voluntary; (e) the RSUs mPRSUs are outside the scope of the Participant's employment contract, if any; (f) the RSUs mPRSUs are not part of normal or expected compensation or salary for any purpose, including, but not limited to, calculation of any overtime, severance, resignation, termination, redundancy, end of service payments, bonuses, long-service awards, pension or retirement benefits or similar payments; (g) in the event that the Participant is not an employee of the Company, the grant of the RSUs mPRSUs will not be interpreted to form an employment contract or relationship with the Company; and furthermore, the grant of the RSUs mPRSUs will not be interpreted to form an employment contract with the Employer or any Related Entity; Affiliate; 7 2007 Stock Incentive Plan Market-Based Performance Restricted Stock Unit Award Agreement for International Participants (h) the future value of the underlying Shares is unknown and cannot be predicted with certainty; (i) if the Participant receives Shares upon vesting of the RSUs, mPRSUs, the value of such Shares may increase or decrease in value; (j) in consideration of the grant of the RSUs, mPRSUs, no claim or entitlement to compensation or damages arises from termination of the RSUs mPRSUs or diminution in value of the RSUs or Shares mPRSUs received upon vesting of RSUs mPRSUs resulting from termination of the Participant's Service to the Company or the Employer (for any reason whatsoever and whether or not in breach of local labor laws) and the Participant 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 Agreement, the Participant shall be deemed irrevocably to have waived his or her entitlement to pursue such claim. View More
