Common use of Acknowledgement of Discretionary Nature of the Plan Clause in Contracts

Acknowledgement of Discretionary Nature of the Plan. In accepting the Restricted Stock Units, the Employee consents to participation in the Plan and acknowledges that the Employee has received a copy of the Plan. The Employee understands that Xxxxxxxxx has unilaterally, gratuitously and in its sole discretion granted restricted stock units under the Plan to individuals who may be employees of Xxxxxxxxx or any of its Affiliates throughout the world. The decision is a limited decision that is entered into upon the express assumption and condition that any grant will not economically or otherwise bind Xxxxxxxxx or any of its Affiliates on an ongoing basis. Consequently, the Employee understands that the Restricted Stock Units are granted on the assumption and condition that the Restricted Stock Units and the shares of Common Stock acquired upon vesting of the Restricted Stock Units shall not become a part of any employment contract (either with Xxxxxxxxx or any of its Affiliates) and shall not be considered a mandatory benefit, salary for any purposes (including severance compensation) or any other right whatsoever. In addition, the Employee understands that this grant would not be made to the Employee but for the assumptions and conditions referenced above; thus, the Employee acknowledges and freely accepts that should any or all of the assumptions be mistaken or should any of the conditions not be met for any reason, the Restricted Stock Unit grant shall be null and void. The Employee understands and agrees that, as a condition of the Restricted Stock Unit grant, unless otherwise provided in the Agreement, any unvested Restricted Stock Units as of the date the Employee ceases active employment, will be forfeited without entitlement to the underlying shares of Common Stock or to any amount of indemnification in the event of termination of employment. The Employee acknowledges that the Employee has read and specifically accepts the conditions referred to in the Agreement regarding the impact of a termination of employment on the Restricted Stock Units.

Acknowledgement of Discretionary Nature of the Plan. In accepting the Restricted Stock UnitsOption, the Employee consents to participation in the Plan and acknowledges that the Employee has received a copy of the Plan. The Employee understands that Xxxxxxxxx has unilaterally, gratuitously and in its sole discretion granted restricted stock units options under the Plan to individuals who may be employees of Xxxxxxxxx or any of its Affiliates throughout the world. The decision is a limited decision that is entered into upon the express assumption and condition that any grant will not economically or otherwise bind Xxxxxxxxx or any of its Affiliates on an ongoing basis. Consequently, the Employee understands that the Restricted Stock Units are Option is granted on the assumption and condition that the Restricted Stock Units Option and the shares of Common Stock acquired upon vesting exercise of the Restricted Stock Units Option shall not become a part of any employment contract (either with Xxxxxxxxx or any of its Affiliates) and shall not be considered a mandatory benefit, salary for any purposes (including severance compensation) or any other right whatsoever. In addition, the Employee understands that this grant would not be made to the Employee but for the assumptions and conditions referenced above; thus, the Employee acknowledges and freely accepts that should any or all of the assumptions be mistaken or should any of the conditions not be met for any reason, the Restricted Stock Unit Option grant shall be null and void. The Employee understands and agrees that, as a condition of the Restricted Stock Unit Option grant, unless otherwise provided in the Agreement, any unvested Restricted Stock Units Option as of the date the Employee ceases active employment, and any vested portion of the Option not exercised within the post-termination exercise period set out in the Agreement, will be forfeited without entitlement to the underlying shares of Common Stock or to any amount of indemnification in the event of termination of employment. The Employee acknowledges that the Employee has read and specifically accepts the conditions referred to in the Agreement regarding the impact of a termination of employment on the Restricted Stock UnitsOption.