Common use of ADDITIONAL TERMS AND CONDITIONS OF THE Clause in Contracts

ADDITIONAL TERMS AND CONDITIONS OF THE. RSUs Section 4.1 - Nature of Award In accepting the RSUs, the Associate acknowledges, understands and agrees that: (a) the Plan is established voluntarily by the Company, is discretionary in nature and may be amended, suspended or terminated by the Company at any time; (b) the RSU award is voluntary and occasional and does not create any contractual or other right to receive future RSU awards, or benefits in lieu of RSU awards, even if RSU awards have been granted repeatedly in the past; (c) all decisions with respect to future RSUs, if any, will be at the sole discretion of the Company; (d) the Associate’s participation in the Plan is voluntary; (e) the RSUs and any Shares acquired under the Plan are not intended to replace any pension rights or compensation under any pension arrangement; (f) the RSUs and any Shares acquired under the Plan are not part of normal or expected compensation or salary for any purposes, including, but not limited to, calculating any severance, resignation, termination, redundancy, end of service payments, dismissal, bonuses, long-service awards, pension or retirement or welfare benefits or similar payments and in no event should be considered as compensation for, or relating in any way to past services for, the Employer, the Company or any Subsidiary; and (g) the future value of the Shares underlying the RSUs is unknown and cannot be predicted with certainty. Section 4.2 - No Advice Regarding Grant The Company is not providing any tax, legal or financial advice, nor is the Company making any recommendations regarding the Associate’s participation in the Plan, the issuance of Shares upon vesting of the RSUs or sale of the Shares. The Associate is hereby advised to

Appears in 1 contract

Samples: Restricted Share Units Agreement

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ADDITIONAL TERMS AND CONDITIONS OF THE. RSUs PRSUs Section 4.1 - Nature of Award In accepting the RSUsPRSUs, the Associate acknowledges, understands and agrees that: (a) the a)the Plan is established voluntarily by the Company, 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 RSU b)the PRSU award is voluntary and occasional and does not create any contractual or other right to receive future RSU PRSU awards, or benefits in lieu of RSU PRSU awards, even if RSU awards PRSUs have been granted repeatedly in the past; (c) all c)all decisions with respect to future RSUsPRSUs or other grants, if any, will be at the sole discretion of the Company; (d) the d)the Associate’s participation in the Plan is voluntary; (e) the RSUs e)the PRSUs and any Shares acquired under the Plan are not intended to replace any pension rights or compensation under any pension arrangement; (f) the RSUs f)the PRSUs and any Shares acquired under the Plan and the income and the value of the same are not part of normal or expected compensation or salary for any purposes, including, but not limited to, calculating any severance, resignation, termination, redundancy, end of service payments, dismissal, bonuses, long-service awards, pension or retirement or welfare benefits or similar payments and in no event should be considered as compensation for, or relating in any way to past services for, the Employer, the Company or any Subsidiarypayments; and (g) the g)the future value of the Shares underlying the RSUs PRSUs is unknown unknown, indeterminable, and cannot be predicted with certainty. Section 4.2 - No Advice Regarding Grant The Company is not providing any tax, legal ; (h)no claim or financial advice, nor is entitlement to compensation or damages shall arise from forfeiture of the Company making any recommendations regarding PRSUs or the underlying Shares resulting from the Associate’s participation Termination of Service (for any reason whatsoever, whether or not later found to be invalid or in breach of employment laws in the jurisdiction where the Associate is employed or the terms of his employment agreement, if any), and in consideration of the PRSU award to which the Associate is otherwise not entitled, the Associate irrevocably agrees never to institute any claim against the Company, any Subsidiary or Designated Associate Company or the Employer, waives the Associate’s ability, if any, to bring any such claim, and releases the Company, its Subsidiaries or Designated Associate Companies 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 issuance Associate shall be deemed irrevocably to have agreed not to pursue such claim and agree to execute any and all documents necessary to request dismissal or withdrawal of such claim; (i)unless otherwise provided in the Plan or by the Company in its discretion, the PRSUs and the benefits evidenced by this Agreement do not create any entitlement to have the PRSUs or any such benefits transferred to, or assumed by, another company nor to be exchanged, cashed out or substituted for, in connection with any Change of Control or similar event affecting the Shares upon vesting of the RSUs Company; and (j)if the Associate is providing services outside the United States the Associate acknowledges and agrees that neither the Company, the Employer nor any Subsidiary or Designated Associate Company shall be liable for any foreign exchange rate fluctuation between the Associate’s local currency and the United States Dollar that may affect the value of the PRSUs or of any amounts due to the Associate pursuant to the settlement of the PRSUs or the subsequent sale of the Sharesany Shares acquired upon settlement. The Associate is hereby advised toSection 4.2 -

Appears in 1 contract

Samples: Restricted Share Unit Award Agreement

ADDITIONAL TERMS AND CONDITIONS OF THE. RSUs PRSUs Section 4.1 - Nature of Award In accepting the RSUsPRSUs, the Associate acknowledges, understands and agrees that: (a) the Plan is established voluntarily by the Company, 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 RSU b)the PRSU award is voluntary and occasional and does not create any contractual or other right to receive future RSU PRSU awards, or benefits in lieu of RSU PRSU awards, even if RSU awards PRSUs have been granted repeatedly in the past; (c) all c)all decisions with respect to future RSUsPRSUs or other grants, if any, will be at the sole discretion of the Company; (d) the d)the Associate’s participation in the Plan is voluntary; (e) the RSUs e)the PRSUs and any Shares acquired under the Plan are not intended to replace any pension rights or compensation under any pension arrangement; (f) the RSUs f)the PRSUs and any Shares acquired under the Plan and the income and the value of the same are not part of normal or expected compensation or salary for any purposes, including, but not limited to, calculating any severance, resignation, termination, redundancy, end of service payments, dismissal, bonuses, long-service awards, pension or retirement or welfare benefits or similar payments and in no event should be considered as compensation for, or relating in any way to past services for, the Employer, the Company or any Subsidiarypayments; and (g) the g)the future value of the Shares underlying the RSUs PRSUs is unknown unknown, indeterminable, and cannot be predicted with certainty. Section 4.2 - No Advice Regarding Grant The Company is not providing any tax, legal ; (h)no claim or financial advice, nor is entitlement to compensation or damages shall arise from forfeiture of the Company making any recommendations regarding PRSUs or the underlying Shares resulting from the Associate’s participation Termination of Service (for any reason whatsoever, whether or not later found to be invalid or in breach of employment laws in the jurisdiction where the Associate is employed or the terms of his employment agreement, if any), and in consideration of the PRSU award to which the Associate is otherwise not entitled, the Associate irrevocably agrees never to institute any claim against the Company, any Subsidiary or Designated Associate Company or the Employer, waives the Associate’s ability, if any, to bring any such claim, and releases the Company, its Subsidiaries or Designated Associate Companies 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 issuance Associate shall be deemed irrevocably to have agreed not to pursue such claim and agree to execute any and all documents necessary to request dismissal or withdrawal of such claim; (i)unless otherwise provided in the Plan or by the Company in its discretion, the PRSUs and the benefits evidenced by this Agreement do not create any entitlement to have the PRSUs or any such benefits transferred to, or assumed by, another company nor to be exchanged, cashed out or substituted for, in connection with any Change of Control or similar event affecting the Shares upon vesting of the RSUs Company; and (j)if the Associate is providing services outside the United States the Associate acknowledges and agrees that neither the Company, the Employer nor any Subsidiary or Designated Associate Company shall be liable for any foreign exchange rate fluctuation between the Associate’s local currency and the United States Dollar that may affect the value of the PRSUs or of any amounts due to the Associate pursuant to the settlement of the PRSUs or the subsequent sale of the Sharesany Shares acquired upon settlement. The Associate is hereby advised toSection 4.2 -

Appears in 1 contract

Samples: Restricted Share Unit Award Agreement

ADDITIONAL TERMS AND CONDITIONS OF THE. RSUs Section 4.1 - Nature of Award In accepting the RSUs, the Associate Executive acknowledges, understands and agrees that: (a) the Plan is established voluntarily by the Company, is discretionary in nature and may be amended, suspended or terminated by the Company at any time; (b) the RSU award is voluntary and occasional and does not create any contractual or other right to receive future RSU awards, or benefits in lieu of RSU awards, even if RSU awards have been granted repeatedly in the past; (c) all decisions with respect to future RSUs, if any, will be at the sole discretion of the Company; (d) the AssociateExecutive’s participation in the Plan is voluntary; (e) the RSUs and any Shares acquired under the Plan are not intended to replace any pension rights or compensation under any pension arrangement; (f) the RSUs and any Shares acquired under the Plan are not part of normal or expected compensation or salary for any purposes, including, but not limited to, calculating any severance, resignation, termination, redundancy, end of service payments, dismissal, bonuses, long-service awards, pension or retirement or welfare benefits or similar payments and in no event should be considered as compensation for, or relating in any way to past services for, the Employer, the Company or any Subsidiary; and (g) the future value of the Shares underlying the RSUs is unknown and cannot be predicted with certainty; and (h) no claim or entitlement to compensation or damages shall arise from the forfeiture of the RSUs or the Shares underlying the RSUs in the event of the Executive’s termination of employment (whether or not in breach of contract or local labor laws and whether or not later found to be invalid), and in consideration of the RSU award to which the Executive is otherwise not entitled, the Executive irrevocably agrees never to institute any claim against the Company or any Subsidiary, waives his ability, if any, to bring any such claim, and releases the Company and any Subsidiary from any such claim. Section 4.2 - No Advice Regarding Grant The Company is not providing any tax, legal or financial advice, nor is the Company making any recommendations regarding the AssociateExecutive’s participation in the Plan, the issuance of Shares upon vesting of the RSUs or sale of the Shares. The Associate Executive is hereby advised toto consult with his own personal tax, legal and financial advisors regarding his participation in the Plan before taking any action related to the Plan.

Appears in 1 contract

Samples: Restricted Share Unit Agreement

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ADDITIONAL TERMS AND CONDITIONS OF THE. RSUs Section 4.1 - Nature of Award In accepting the RSUs, the Associate acknowledges, understands and agrees that: (a) the a)the Plan is established voluntarily by the Company, 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 b)the RSU award is voluntary and occasional and does not create any contractual or other right to receive future RSU awards, or benefits in lieu of RSU awardsa RSU, even if RSU awards have been granted repeatedly in the past; (c) all c)all decisions with respect to future RSUsRSUs or other grants, if any, will be at the sole discretion of the Company; (d) the d)the Associate’s participation in the Plan is voluntary; (e) the e)the RSUs and any Shares acquired under the Plan are not intended to replace any pension rights or compensation under any pension arrangement; (f) the f)the RSUs and any Shares acquired under the Plan and the income and the value of the same are not part of normal or expected compensation or salary for any purposes, including, but not limited to, calculating any severance, resignation, termination, redundancy, end of service payments, dismissal, bonuses, long-service awards, pension or retirement or welfare benefits or similar payments and in no event should be considered as compensation for, or relating in any way to past services for, the Employer, the Company or any Subsidiarypayments; and (g) the g)the future value of the Shares underlying the RSUs is unknown unknown, indeterminable and cannot be predicted with certainty. Section 4.2 - No Advice Regarding Grant The Company is not providing any tax, legal ; (h)no claim or financial advice, nor is entitlement to compensation or damages shall arise from forfeiture of the Company making any recommendations regarding RSUs or the underlying Shares resulting from the Associate’s participation Termination of Service (for any reason whatsoever, whether or not later found to be invalid or in breach of employment laws in the jurisdiction where the Associate is employed or the terms of his employment agreement, if any), and in consideration of the RSU award to which the Associate is otherwise not entitled, the Associate irrevocably agrees never to institute any claim against the Company, any Subsidiary or Designated Associate Company or the Employer, waives the Associate’s ability, if any, to bring any such claim, and releases the Company, its Subsidiaries or Designated Associate Companies 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 issuance Associate shall be deemed irrevocably to have agreed not to pursue such claim and agree to execute any and all documents necessary to request dismissal or withdrawal of such claim; (i)unless otherwise provided in the Plan or by the Company in its discretion, the RSUs and the benefits evidenced by this Agreement do not create any entitlement to have the RSUs or any such benefits transferred to, or assumed by, another company nor to be exchanged, cashed out or substituted for, in connection with any Change of Control or similar event affecting the Shares upon vesting of the Company; and (j)if the Associate is providing services outside the United States the Associate acknowledges and agrees that neither the Company, the Employer nor any Subsidiary or Designated Associate Company shall be liable for any foreign exchange rate fluctuation between the Associate’s local currency and the United States Dollar that may affect the value of the RSUs or of any amounts due to the Associate pursuant to the settlement of the RSUs or the subsequent sale of the Sharesany Shares acquired upon settlement. The Associate is hereby advised toSection 4.2 -

Appears in 1 contract

Samples: Restricted Share Unit Award Agreement

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