Common use of Amendment, Modification & Assignment; Non-Transferability Clause in Contracts

Amendment, Modification & Assignment; Non-Transferability. (a) The Plan may be wholly or partially amended or otherwise modified, suspended, or terminated in accordance with its terms. (b) This Agreement may only be modified or amended in a writing signed by the parties hereto. No promises, assurances, commitments, agreements, undertakings or representations, whether oral, written, electronic or otherwise, and whether express or implied, with respect to the subject matter hereof, have been made by either party which are not set forth expressly in this Agreement. Unless otherwise consented to in writing by the Company, in its sole discretion, this Agreement (and Participant’s rights hereunder) may not be assigned, and the obligations of Participant hereunder may not be delegated, in whole or in part. The rights and obligations created hereunder shall be binding on the Participant and his heirs and legal representatives and on the successors and assigns of the Company.

Appears in 9 contracts

Samples: Restricted Stock Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.), Restricted Stock Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.), Stock Grant Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.)

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Amendment, Modification & Assignment; Non-Transferability. (a) The Plan may be wholly or partially amended or otherwise modified, suspended, or terminated in accordance with its terms. (b) This Agreement may only be amended from time to time by the Administrator in its discretion; provided, however, that, except as permitted otherwise pursuant to this Agreement or the Plan, this Agreement may not be modified or amended in a writing signed by manner that would have a materially adverse effect on the parties hereto. No promises, assurances, commitments, agreements, undertakings or representations, whether oral, written, electronic or otherwise, and whether express or implied, with respect to Participant as determined in the subject matter hereof, have been made by either party which are not set forth expressly in this Agreement. discretion of the Administrator without the Participant’s written consent. (c) Unless otherwise consented to in writing by the Company, in its sole discretion, this Agreement (and Participant’s rights hereunder) may not be assigned, and the obligations of Participant hereunder may not be delegated, in whole or in part. The rights and obligations created hereunder shall be binding on the Participant and his heirs and legal representatives and on the successors and assigns of the Company.

Appears in 1 contract

Samples: Restricted Stock Agreement (Dividend Capital Diversified Property Fund Inc.)

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