Plan Governs Clause Example with 20 Variations from Business Contracts
This page contains Plan Governs 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.
Plan Governs. This Award Agreement is subject to all terms and provisions of the Plan. In the event of a conflict between one or more provisions of this Award Agreement and one or more provisions of the Plan, the provisions of the Plan will govern. Capitalized terms used and not defined in this Award Agreement will have the meaning set forth in the Plan. 4 15. Administrator Authority. The Administrator will have the power to interpret the Plan and this Award Agreement and to adopt such rules for the administr...ation, interpretation and application of the Plan as are consistent therewith and to interpret or revoke any such rules (including, but not limited to, the determination of whether or not any Shares of Restricted Stock have vested). All actions taken and all interpretations and determinations made by the Administrator in good faith will be final and binding upon Participant, the Company and all other interested persons. No member of the Administrator will be personally liable for any action, determination or interpretation made in good faith with respect to the Plan or this Award Agreement.View More
Variations of a "Plan Governs" Clause from Business Contracts
Plan Governs. This Award Agreement is subject to all terms and provisions of the Plan. In the event of that any provision in this Agreement conflicts with a conflict between one or more provisions of this Award Agreement and one or more provisions of provision in the Plan, the provisions provision of the Plan will shall govern. Capitalized Executed in the name and on behalf of the Corporation by one of its duly authorized officers and by the Recipient all as of the date first above written. SOUTHERN HOSPITALI...TY DEVELOPMENT CORP Date ____________________, ______________ By: ______________________________________________ [NAME]. President The undersigned Recipient has read and understands the terms used of this Option Agreement and the attached Plan and hereby agrees to comply therewith. Date ____________________, ______________ _________________________________________________ Signature of Recipient Exhibit B SUBSCRIPTION AGREEMENT THE SECURITIES BEING ACQUIRED BY THE UNDERSIGNED HAVE NOT BEEN REGISTERED UNDER THE U.S. SECURITIES ACT OF 1933 OR ANY OTHER LAWS AND ARE OFFERED UNDER EXEMPTIONS FROM THE REGISTRATION PROVISIONS OF SUCH LAWS. THESE SECURITIES CANNOT BE SOLD, TRANSFERRED, ASSIGNED OR OTHERWISE DISPOSED OF EXCEPT IN COMPLIANCE WITH THE RESTRICTIONS ON TRANSFER CONTAINED IN THIS STOCK SUBSCRIPTION AGREEMENT AND APPLICABLE SECURITIES LAWS. This Subscription Agreement is entered for the purpose of the undersigned acquiring ______________ shares of common stock no par value (the "Securities") of Southern Hospitality Development Corp (the "Corporation") from the Corporation as a Bonus or pursuant to exercise of an Option granted pursuant to the Corporation's 2012 Stock Option Plan (the "Plan"). All capitalized terms not otherwise defined in this Award Agreement will have the meaning set forth herein shall be as defined in the Plan. 4 15. Administrator Authority. The Administrator will have It is understood that no grant of any Bonus or exercise of any Option at a time when no registration statement relating thereto is effective under the power U.S. Securities Act of 1933, as amended (the "1933 Act") can be completed until the undersigned executes this Subscription Agreement and delivers it to interpret the Corporation, and that such grant or exercise is effective only in accordance with the terms of the Plan and this Award Agreement and to adopt such rules for Subscription Agreement. In connection with the administration, interpretation and application undersigned's acquisition of the Plan Securities, the undersigned represents and warrants to the Corporation as are consistent therewith follows: 1. The undersigned has been provided with, and to interpret or revoke any has reviewed the Plan, and such rules (including, but not limited to, other information as the determination of whether or not any Shares of Restricted Stock undersigned may have vested). All actions taken and all interpretations and determinations made by the Administrator in good faith will be final and binding upon Participant, the Company and all other interested persons. No member requested of the Administrator will be personally liable for any action, determination or interpretation made in good faith with respect Corporation regarding its business, operations, management, and financial condition (all of which is referred to herein as the Plan or this Award Agreement. "Available Information"). View More
Plan Governs. This Award Agreement is and the Notice of Grant are subject to all terms and provisions of the Plan. In the event of a conflict between one or more provisions of this Award Agreement or the Notice of Grant and one or more provisions of the Plan, the provisions of the Plan will govern. Capitalized By your signature and the signature of the Company's representative below, you and the Company agree that this Award is granted under and governed by the terms used and not conditions of the Plan and th...is Agreement. Participant has reviewed the Plan and this Agreement in their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Agreement and fully understands all provisions of the Plan and this Agreement. Participant hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to the Plan and this Agreement. Participant further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: GOLD TORRENT, INC. By: Signature Title: Print Name Date: Date: Residence Address GOLD TORRENT, INC. 2013 EQUITY INCENTIVE PLAN RESTRICTED STOCK AGREEMENT Unless otherwise defined herein, the terms defined in this Award Agreement will the GOLD TORRENT, INC. 2013 EQUITY INCENTIVE PLAN (the "Plan") shall have the meaning same defined meanings in this Restricted Stock Agreement (the "Agreement"). I. NOTICE OF GRANT OF RESTRICTED STOCK Name: __________________________________ You have been granted an Award of shares of Restricted Stock of GOLD TORRENT, INC. (the "Shares"), subject to the terms and conditions of the Plan and this Agreement, as follows: Date of Grant:________________ Total Number of Shares Granted: ________________________ Vesting Start:____________ Vesting Frequency:___________ II. AGREEMENT 1. Grant of the Shares . The Company hereby grants to the Participant named in the Notice of the Grant of the Shares attached as Part I of this Agreement ("Notice of Grant") an award of the Shares, as set forth in the Plan. 4 15. Administrator Authority. The Administrator will have Notice of Grant and subject to the power to interpret the Plan terms and conditions in this Award Agreement and to adopt such rules for the administration, interpretation and application of the Plan as are consistent therewith and to interpret or revoke any such rules (including, but not limited to, the determination of whether or not any Shares of Restricted Stock have vested). All actions taken and all interpretations and determinations made by the Administrator in good faith will be final and binding upon Participant, the Company and all other interested persons. No member of the Administrator will be personally liable for any action, determination or interpretation made in good faith with respect to the Plan or this Award Agreement. Plan. View More
Plan Governs. This Award Agreement is subject to all terms and provisions of the Plan. In the event of that any provision in this Agreement conflicts with a conflict between one or more provisions of this Award Agreement and one or more provisions of provision in the Plan, the provisions provision of the Plan will shall govern. Capitalized Executed in the name and on behalf of the Corporation by one of its duly authorized officers and by the Recipient all as of the date first above written. CONSOLIDATED GOLDF...IELDS CORPORATION Date ______________, _______ By: Marc J. Andrews, President & CEO The undersigned Recipient has read and understands the terms used of this Option Agreement and the attached Plan and hereby agrees to comply therewith. Date: ______________, ______ Signature of Recipient Tax ID Number: Address: Exhibit B SUBSCRIPTION AGREEMENT THE SECURITIES BEING ACQUIRED BY THE UNDERSIGNED HAVE NOT BEEN REGISTERED UNDER THE U.S. SECURITIES ACT OF 1933 OR ANY OTHER LAWS AND ARE OFFERED UNDER EXEMPTIONS FROM THE REGISTRATION PROVISIONS OF SUCH LAWS. THESE SECURITIES CANNOT BE SOLD, TRANSFERRED, ASSIGNED OR OTHERWISE DISPOSED OF EXCEPT IN COMPLIANCE WITH THE RESTRICTIONS ON TRANSFER CONTAINED IN THIS STOCK SUBSCRIPTION AGREEMENT AND APPLICABLE SECURITIES LAWS. This Subscription Agreement is entered for the purpose of the undersigned acquiring _____________ shares of common stock par value $0.001 (the "Securities") of Consolidated Goldfields Corporation, Inc. (the "Corporation") from the Corporation as a Bonus or pursuant to exercise of an Option granted pursuant to the Corporation's Amended 2013 Stock Option and Stock Bonus Plan (the "Plan"). All capitalized terms not otherwise defined in this Award Agreement will have the meaning set forth herein shall be as defined in the Plan. 4 15. Administrator Authority. The Administrator will have It is understood that no grant of any Bonus or exercise of any Option at a time when no registration statement relating thereto is effective under the power U.S. Securities Act of 1933, as amended (the "1933 Act") can be completed until the undersigned executes this Subscription Agreement and delivers it to interpret the Corporation, and that such grant or exercise is effective only in accordance with the terms of the Plan and this Award Agreement and to adopt such rules for Subscription Agreement. In connection with the administration, interpretation and application undersigned's acquisition of the Plan Securities, the undersigned represents and warrants to the Corporation as are consistent therewith follows: 1. The undersigned has been provided with, and to interpret or revoke any has reviewed the Plan, and such rules (including, but not limited to, other information as the determination of whether or not any Shares of Restricted Stock undersigned may have vested). All actions taken and all interpretations and determinations made by the Administrator in good faith will be final and binding upon Participant, the Company and all other interested persons. No member requested of the Administrator will be personally liable for any action, determination or interpretation made in good faith with respect Corporation regarding its business, operations, management, and financial condition (all of which is referred to herein as the Plan or this Award Agreement. "Available Information"). View More
Plan Governs. This Award Grant Agreement is subject to all terms and provisions of the Plan. In the event of a conflict between one or more provisions of this Award Grant Agreement and one or more provisions of the Plan, the provisions of the Plan will govern. Capitalized terms used and not defined in this Award Grant Agreement will have the meaning set forth in the Plan. 4 15. Plan.15. Administrator Authority. The Administrator will have the power to interpret the Plan and this Award Grant Agreement and to a...dopt such rules for the administration, interpretation and application of the Plan as are consistent therewith and to interpret or revoke any such rules (including, but not limited to, the determination of whether or not any Shares of Restricted Stock Units have vested). All actions taken and all interpretations and determinations made by the Administrator in good faith will be final and binding upon Participant, the Company and all other interested persons. No member of the Administrator will be personally liable for any action, determination or interpretation made in good faith with respect to the Plan or this Grant Agreement.16. Electronic Delivery. The Company may, in its sole discretion, decide to deliver any documents related to Restricted Stock Units awarded under the Plan or future Restricted Stock Units that may be awarded under the Plan by electronic means or request Participant's consent to participate in the Plan by electronic means. Participant hereby consents to receive such documents by electronic delivery and agrees to participate in the Plan through any on-line or electronic system established and maintained by the Company or another third party designated by the Company.17. Captions. Captions provided herein are for convenience only and are not to serve as a basis for interpretation or construction of this Grant Agreement.18. Agreement Severable. In the event that any provision in this Grant Agreement will be held invalid or unenforceable, such provision will be severable from, and such invalidity or unenforceability will not be construed to have any effect on, the remaining provisions of this Grant Agreement. 6Aeohive – Confidential – Notice of Grant & Grant Agreement (6-2018) 19. Modifications to the Grant Agreement. This Grant Agreement constitutes the entire understanding of the parties on the subjects covered. Participant expressly warrants that he or she is not accepting this Grant Agreement in reliance on any promises, representations, or inducements other than those contained herein. Modifications to this Grant Agreement or the Plan can be made only in an express written contract executed by a duly authorized officer of the Company. Notwithstanding anything to the contrary in the Plan or this Grant Agreement, the Company reserves the right to revise this Grant Agreement as it deems necessary or advisable, in its sole discretion and without the consent of Participant, to comply with Section 409A or to otherwise avoid imposition of any additional tax or income recognition under Section 409A in connection to this Award Agreement. of Restricted Stock Units.20. Amendment, Suspension or Termination of the Plan. By accepting this Award, Participant expressly warrants that he or she has received an Award of Restricted Stock Units under the Plan, and has received, read and understood a description of the Plan. Participant understands that the Plan is discretionary in nature and may be amended, suspended or terminated by the Company at any time.21. Governing Law; Choice of Venue. This Grant Agreement will be governed by the laws of California without giving effect to the conflict of law principles thereof. For purposes of litigating any dispute that arises under this Award of Restricted Stock Units or this Grant Agreement, the parties hereby submit to and consent to the jurisdiction of the State of California, and agree that such litigation will be conducted in the courts of Santa Clara County, California, or the federal courts for the United States for the Northern District of California, and no other courts, where this Award of Restricted Stock Units is made and/or to be performed.22. Country-Specific Provisions. The Restricted Stock Units shall be subject to any special terms and conditions set forth for Participant's country in Exhibit B. Moreover, if Participant relocates to one of the countries included in Exhibit B, the special terms and conditions for such country will apply to Participant, to the extent the Company determines that the application of such terms and conditions is necessary or advisable for legal or administrative reasons. View More
Plan Governs. This Award Agreement is subject to all terms and provisions of the Plan. In the event of a conflict between one or more provisions of this Award Agreement and one or more provisions of the Plan, the provisions of the Plan will govern. Capitalized terms used and not defined in this Award Agreement will have the meaning set forth in the Plan. 4 15. Administrator Plan.17. Board or Committee Authority. The Administrator Board or the Committee will have the power to interpret the Plan and this Award...Agreement and to adopt such rules for the administration, interpretation and application of the Plan as are consistent therewith and to interpret or revoke any such rules (including, but not limited to, the determination of whether or not any Shares of Restricted Stock subject to the Option have vested). All actions taken and all interpretations and determinations made by the Administrator Board or the Committee in good faith will be final and binding upon Participant, the Company and all other interested persons. No member of the Administrator Board or the Committee will be personally liable for any action, determination or interpretation made in good faith with respect to the Plan or this Award Agreement.18. Electronic Delivery. The Company may, in its sole discretion, decide to deliver any documents related to Options awarded under the Plan or future Options that may be awarded under the Plan by electronic means or request Participant's consent to participate in the Plan by electronic means. Participant hereby consents to receive such documents by electronic delivery and agrees to participate in the Plan through any on-line or electronic system established and maintained by the Company or another third party designated by the Company.19. Captions. Captions provided herein are for convenience only and are not to serve as a basis for interpretation or construction of this Agreement.20. Agreement Severable. In the event that any provision in this Agreement will be held invalid or unenforceable, such provision will be severable from, and such invalidity or unenforceability will not be construed to have any effect on, the remaining provisions of this Agreement.21. Modifications to the Agreement. This Agreement constitutes the entire understanding of the parties on the subjects covered. Participant expressly warrants that he or she is not accepting this Agreement in reliance on any promises, representations, or inducements other than those contained herein. Modifications to this Agreement or the Plan can be made only in an express written contract executed by a duly authorized officer of the Company. View More
Plan Governs. This Award Agreement is subject to all terms and provisions of the Plan. In the event of a conflict between one or more provisions of this Award Agreement and one or more provisions of the Plan, the provisions of the Plan will govern. Capitalized terms used and not defined in this Award Agreement will have the meaning set forth in the Plan. 4 15. Plan.15. Administrator Authority. The Administrator will have the power to interpret the Plan and this Award Agreement and to adopt such rules for the ...administration, interpretation and application of the Plan as are consistent therewith and to interpret or revoke any such rules (including, but not limited to, the determination of whether or not any Shares of Restricted Stock Units have vested). All actions taken and all interpretations and determinations made by the Administrator in good faith will be final and binding upon Participant, the Company and all other interested persons. No member of the Administrator will be personally liable for any action, determination or interpretation made in good faith with respect to the Plan or this Award Agreement.16. Electronic Delivery. The Company may, in its sole discretion, decide to deliver any documents related to Restricted Stock Units awarded under the Plan or future Restricted Stock Units that may be awarded under the Plan by electronic means or request Participant's consent to participate in the Plan by electronic means. Participant hereby consents to receive such documents by electronic delivery and agrees to participate in the Plan through any on-line or electronic system established and maintained by the Company or another third party designated by the Company.17. Captions. Captions provided herein are for convenience only and are not to serve as a basis for interpretation or construction of this Award Agreement.18. Agreement Severable. In the event that any provision in this Award Agreement will be held invalid or unenforceable, such provision will be severable from, and such invalidity or unenforceability will not be construed to have any effect on, the remaining provisions of this Award Agreement.19. Modifications to the Award Agreement. This Award Agreement constitutes the entire understanding of the parties on the subjects covered. Participant expressly warrants that he or she is not accepting this Award Agreement in reliance on any promises, representations, or inducements other than those contained herein. Modifications to this Award Agreement or the Plan can be made only in an express written contract executed by a duly authorized officer of the Company. Notwithstanding anything to the contrary in the Plan or this Award Agreement, the Company reserves the right to revise this Award Agreement as it deems necessary or advisable, in its sole discretion and without the consent of Participant, to comply with Section 409A or to otherwise avoid imposition of any additional tax or income recognition under Section 409A in connection to this Award of Restricted Stock Units. However, in no event will the Company be obligated to make any such revision and in all event, in no event will the Company (or any of its Parent or Subsidiaries) reimburse Participant for any taxes imposed or other costs incurred with respect to Section 409A on account of this Award of Restricted Stock Units. View More
Plan Governs. This Award Agreement is subject to all terms and provisions of the Plan. In the event of a conflict between one or more provisions of this Award Agreement or the Notice of Grant and one or more provisions of the Plan, the provisions of the Plan will shall govern. Capitalized terms used and not defined in this Award Agreement will 3 16. COMMITTEE AUTHORITY. The Committee shall have the meaning set forth in the Plan. 4 15. Administrator Authority. The Administrator will have the discretionary powe...r to interpret the Plan and this Award Agreement and to adopt such rules for the administration, interpretation and application of the Plan as are consistent therewith and to interpret or revoke any such rules (including, but not limited to, the determination of whether or not any Shares of Restricted Stock have vested). rules. All actions taken and all interpretations and determinations made by the Administrator Committee in good faith will shall be final and binding upon Participant, Non-Employee Director, the Company and all other interested persons. No member of the Administrator will Committee shall be personally liable for any action, determination or interpretation made in good faith with respect to the Plan or this Award Agreement. View More
Plan Governs. This Award Agreement is subject to all terms and provisions of the Plan. In the event of a conflict between one or more provisions of this Award Agreement and one or more provisions of the Plan, the provisions of the Plan will govern. Capitalized terms used and not defined in this Award Agreement will have the meaning set forth in the Plan. 4 15. govern.17. Administrator Authority. The Administrator will have the power to interpret the Plan and this Award Agreement and to adopt such rules for th...e administration, interpretation and application of the Plan as are consistent therewith and to interpret or revoke any such rules (including, but not limited to, the determination of whether or not any Shares of Restricted Stock RSUs have vested). All actions taken and all interpretations and determinations made by the Administrator in good faith will be final and binding upon Participant, the Company and all other interested persons. No member of the Administrator will be personally liable for any action, determination or interpretation made in good faith with respect to the Plan or this Award Agreement.18. Captions. Captions provided herein are for convenience only and are not to serve as a basis for interpretation or construction of this Award Agreement.19. Agreement Severable. In the event that any provision in this Award Agreement will be held invalid or unenforceable, such provision will be severable from, and such invalidity or unenforceability will not be construed to have any effect on, the remaining provisions of this Award Agreement. 6Exhibit 10.4 20. Modifications to the Agreement. This Award Agreement, including the Appendix, and the Plan constitute the entire understanding of the parties on the subjects covered. The Participant expressly warrants that he or she is not accepting this Award Agreement in reliance on any promises, representations, or inducements other than those contained herein. Modifications to this Award Agreement or the Plan can be made only in an express written contract executed by a duly authorized officer of the Company. View More
Plan Governs. This Award Agreement is subject to all terms and provisions of the Plan. In the event of a conflict between one or more provisions of this Award Agreement and one or more provisions of the Plan, the provisions of the Plan will govern. Capitalized terms used and not defined in this Award Agreement will have the meaning set forth in the Plan. 4 15. govern.17. Administrator Authority. The Administrator will have the power to interpret the Plan and this Award Agreement and to adopt such rules for th...e administration, interpretation and application of the Plan as are consistent therewith and to interpret or revoke any such rules (including, but not limited to, the determination of whether or not any Shares of Restricted Stock RSUs have vested). All actions taken and all interpretations and 5 determinations made by the Administrator in good faith will be final and binding upon Participant, the Company and all other interested persons. No member of the Administrator will be personally liable for any action, determination or interpretation made in good faith with respect to the Plan or this Award Agreement.18. Captions. Captions provided herein are for convenience only and are not to serve as a basis for interpretation or construction of this Award Agreement.19. Agreement Severable. In the event that any provision in this Award Agreement will be held invalid or unenforceable, such provision will be severable from, and such invalidity or unenforceability will not be construed to have any effect on, the remaining provisions of this Award Agreement.20. Modifications to the Agreement. This Award Agreement, including the Appendix, and the Plan constitute the entire understanding of the parties on the subjects covered. The Participant expressly warrants that he or she is not accepting this Award Agreement in reliance on any promises, representations, or inducements other than those contained herein. Modifications to this Award Agreement or the Plan can be made only in an express written contract executed by a duly authorized officer of the Company. View More
Plan Governs. This Award Agreement is subject to all terms and provisions of the Plan. In the event of a conflict between one or more provisions of this Award Agreement and one or more provisions of the Plan, the provisions of the Plan will govern. Capitalized terms used and not defined in this Award Agreement will have the meaning set forth in the Plan. 4 15. govern.17. Administrator Authority. The Administrator will have the power to interpret the Plan and this Award Agreement and to adopt such rules for th...e administration, interpretation and application of the Plan as are consistent therewith and to interpret or revoke any such rules (including, but not limited to, the determination of whether or not any Shares of Restricted Stock RSUs have vested). All actions taken and all interpretations and 6 determinations made by the Administrator in good faith will be final and binding upon Participant, the Company and all other interested persons. No member of the Administrator will be personally liable for any action, determination or interpretation made in good faith with respect to the Plan or this Award Agreement.18. Captions. Captions provided herein are for convenience only and are not to serve as a basis for interpretation or construction of this Award Agreement.19. Agreement Severable. In the event that any provision in this Award Agreement will be held invalid or unenforceable, such provision will be severable from, and such invalidity or unenforceability will not be construed to have any effect on, the remaining provisions of this Award Agreement.20. Modifications to the Agreement. This Award Agreement, including the Appendix, and the Plan constitute the entire understanding of the parties on the subjects covered. The Participant expressly warrants that he or she is not accepting this Award Agreement in reliance on any promises, representations, or inducements other than those contained herein. Modifications to this Award Agreement or the Plan can be made only in an express written contract executed by a duly authorized officer of the Company. View More
