Common use of Conflicts and Interpretation Clause in Contracts

Conflicts and Interpretation. In the event of any conflict between this Agreement and the Plan, the Plan shall control. In the event of any ambiguity in this Agreement, any term which is not defined in this Agreement, or any matters as to which this Agreement is silent, the Plan shall govern including, without limitation, the provisions thereof pursuant to which the Committee has the power, among others, to (a) interpret the Plan, (b) prescribe, amend and rescind rules and regulations relating to the Plan, and (c) make all other determinations deemed necessary or advisable for the administration of the Plan.

Appears in 47 contracts

Samples: Restricted Stock Unit Award Agreement (Joy Global Inc), Restricted Stock Unit Award Agreement (Joy Global Inc), Restricted Stock Unit Award Agreement (Joy Global Inc)

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Conflicts and Interpretation. In the event of any conflict between this Agreement and the Plan, the Plan this Agreement shall control. In the event of any ambiguity in this Agreement, any term which is not defined in this Agreement, or any matters as to which this Agreement is silent, the Plan shall govern including, without limitation, the provisions thereof pursuant to which the Committee Administrator has the power, among others, to (ai) interpret the Plan, (bii) prescribe, amend and rescind rules and regulations relating to the Plan, Plan and (ciii) make all other determinations deemed necessary or advisable for the administration of the Plan.

Appears in 25 contracts

Samples: Equity Incentive Grant Agreement (Resolute Energy Corp), Equity Incentive Grant Agreement (Resolute Energy Corp), Restricted Stock Grant Agreement (Resolute Energy Corp)

Conflicts and Interpretation. In the event of any conflict between this Agreement and the Plan, the Plan shall control. In the event of any ambiguity in this Agreement, any term which is not defined in this Agreement, or any matters as to which this Agreement is silent, the Plan shall govern including, without limitation, the provisions thereof pursuant to which the Committee has the power, among others, to (a) interpret the Plan, (b) prescribe, amend and rescind rules and regulations relating to the Plan, Plan and (c) make all other determinations deemed necessary or advisable for the administration of the Plan.

Appears in 23 contracts

Samples: Nonqualified Stock Option Agreement (Joy Global Inc), Nonqualified Stock Option Agreement (Joy Global Inc), Nonqualified Stock Option Agreement (Joy Global Inc)

Conflicts and Interpretation. In the event of any conflict between this Agreement and the Plan, the Plan shall control. In the event of any ambiguity in this Agreement, any term which is not defined in this Agreement, or any matters as to which this Agreement is silent, the Plan shall govern including, without limitation, the provisions thereof pursuant to which the Committee has the power, among others, to (ai) interpret the Plan, (bii) prescribe, amend and rescind rules and regulations relating to the Plan, and (ciii) make all other determinations deemed necessary or advisable for the administration of the Plan.

Appears in 15 contracts

Samples: Deferred Restricted Stock Unit Agreement (HSN, Inc.), Restricted Stock Agreement (Hilltop Holdings Inc.), Stock Unit Agreement and Restricted Stock Agreement (Lazard Group LLC)

Conflicts and Interpretation. In the event of any conflict between this Agreement and the Plan, the Plan shall control. In the event of any ambiguity in this Agreement, any term which is not defined in this Agreement, or any matters as to which this Agreement is silent, the Plan shall govern including, without limitation, the provisions thereof pursuant to which the Committee has the power, among others, to (a) interpret the Plan, (b) prescribe, amend and rescind rules and regulations relating to the Plan, and (c) make all other determinations deemed necessary or advisable for the administration of the Plan.

Appears in 13 contracts

Samples: Agreement (Assurant, Inc.), Agreement (Assurant, Inc.), Stock Unit Agreement (Lazard LTD)

Conflicts and Interpretation. This Agreement is subject to all the terms, conditions and provisions of the Plan. In the event of any conflict between this Agreement and the Plan, the Plan shall control. In the event of any ambiguity in this Agreement, any term which is not defined in this Agreement, or any matters as to which this Agreement is silent, the Plan shall govern including, without limitation, the provisions thereof pursuant to which the Committee has the power, among others, to (ai) interpret the Plan, (bii) prescribe, amend and rescind rules and regulations relating to the Plan, Plan and (ciii) make all other determinations deemed necessary or advisable for the administration of the Plan.

Appears in 13 contracts

Samples: Incentive Stock Option Agreement (Emisphere Technologies Inc), Incentive Stock Option Agreement (Emisphere Technologies Inc), Incentive Stock Option Agreement (Emisphere Technologies Inc)

Conflicts and Interpretation. In the event of any conflict between this Agreement and the Plan, the Plan shall control. In the event of any ambiguity in this Agreement, any term which is not defined in this Agreement, or any matters as to which this Agreement is silent, the Plan shall govern including, without limitation, the provisions thereof pursuant to which the Committee has the power, among others, to (a) interpret the Plan, (b) prescribeestablish, amend and adopt, amend, waive and/or rescind rules and regulations relating to the Plan, and (c) exercise all such other authorities, take all such other actions and make all such other determinations deemed as it deems necessary or advisable for the proper operation and/or administration of the Plan.

Appears in 10 contracts

Samples: Restricted Stock Agreement (Kbw, Inc.), Restricted Stock Agreement (Kbw, Inc.), Restricted Stock Agreement (Kbw, Inc.)

Conflicts and Interpretation. In the event of any conflict between this Agreement and the Plan, the Plan this Agreement shall control. In the event of any ambiguity in this Agreement, any term which is not defined in this Agreement, or any matters as to which this Agreement is silent, the Plan shall govern govern, including, without limitation, the provisions thereof pursuant to which the Compensation and Benefits Committee has the power, among others, to (ai) interpret the Plan, (bii) prescribe, amend and rescind rules repeal administrative rules, guidelines and regulations practices relating to the Plan, Plan and (ciii) make all other determinations deemed necessary or advisable for the administration of the Plan.

Appears in 7 contracts

Samples: Restricted Stock Unit Agreement (WESTMORELAND COAL Co), Restricted Stock Award Agreement (WESTMORELAND COAL Co), Restricted Stock Unit Agreement (WESTMORELAND COAL Co)

Conflicts and Interpretation. (a) In the event of any conflict between this Agreement and the Plan, the Plan shall control. In the event of any ambiguity in this Agreement, any term which is not defined in this Agreement, or any matters as to which this Agreement is silent, the Plan shall govern including, without limitation, the provisions thereof pursuant to which the Committee has the power, among others, to (ai) interpret the Plan, (bii) prescribe, amend and rescind rules and regulations relating to the Plan, Plan and (ciii) make all other determinations deemed necessary or advisable for the administration of the Plan.

Appears in 5 contracts

Samples: Restricted Stock Unit Agreement (TripAdvisor, Inc.), Restricted Stock Unit Agreement (TripAdvisor, Inc.), Restricted Stock Unit Agreement (Expedia, Inc.)

Conflicts and Interpretation. In the event of any conflict between this Agreement and the Plan, the Plan shall controlcontrol except with respect to the definition of Change of Control (attached hereto as Exhibit A). In the event of any ambiguity in this Agreement, any term which is not defined in this Agreement, or any matters as to which this Agreement is silent, the Plan shall govern including, without limitation, the provisions thereof pursuant to which the Committee has the power, among others, to (ai) interpret the Plan, (bii) prescribe, amend and rescind rules and regulations relating to the Plan, and (ciii) make all other determinations deemed necessary or advisable for the administration of the Plan.

Appears in 5 contracts

Samples: Restricted Stock Award Agreement (Janus Capital Group Inc), Restricted Stock Award Agreement (Janus Capital Group Inc), Restricted Stock Award Agreement (Janus Capital Group Inc)

Conflicts and Interpretation. In the event of any conflict between this Agreement and the Plan, the Plan shall control. In the event of any ambiguity in this Agreement, any term which is not defined in this Agreement, or any matters as to which this Agreement is silent, the Plan shall govern including, without limitation, the provisions thereof pursuant to which the Committee Administrator has the power, among others, to (ai) interpret the Plan, (bii) prescribe, amend and rescind rules and regulations relating to the Plan, Plan and (ciii) make all other determinations deemed necessary or advisable for the administration of the Plan.

Appears in 3 contracts

Samples: Restricted Stock Unit Grant Agreement (Red Robin Gourmet Burgers Inc), Restricted Stock Unit Grant Agreement (Red Robin Gourmet Burgers Inc), Restricted Stock Unit Grant Agreement (Red Robin Gourmet Burgers Inc)

Conflicts and Interpretation. In the event of any conflict between this Agreement and the Plan, the Plan shall control. In the event of any ambiguity in this Agreement, any term which is not defined in this Agreement, or any matters as to which this Agreement is silent, the Plan shall govern including, without limitation, the provisions thereof pursuant to which the Committee Corporation has the power, among others, to (a) interpret the Plan, (b) prescribe, amend and rescind rules and regulations relating to the Plan, and (c) make all other determinations deemed necessary or advisable for the administration of the Plan.

Appears in 3 contracts

Samples: Restricted Stock Agreement (Kbw, Inc.), Restricted Stock Agreement (Kbw, Inc.), Restricted Stock Agreement (Kbw, Inc.)

Conflicts and Interpretation. (a) Applicable terms of the Plan are expressly incorporated by reference into this Agreement. In the event of any conflict between this Agreement and the Plan, the Plan shall control. In the event of any ambiguity in this Agreement, any term which is not defined in this Agreement, or any matters as to which this Agreement is silent, the Plan shall govern including, without limitation, the provisions thereof pursuant to which the Committee has the power, among others, to (ai) interpret the Plan, (bii) prescribe, amend and rescind rules and regulations relating to the Plan, Plan and (ciii) make all other determinations deemed necessary or advisable for the administration of the Plan.

Appears in 2 contracts

Samples: Restricted Stock Unit Agreement (Expedia Group, Inc.), Restricted Stock Unit Agreement (Expedia Group, Inc.)

Conflicts and Interpretation. In the event of If there is any conflict between this Agreement and the Plan, the Plan shall control. In the event of or if there is any ambiguity in this Agreement, any term which is not defined in this Agreement, or any matters matter as to which this Agreement is silent, in any such case the Plan shall govern including, without limitation, the provisions thereof pursuant to which the Committee has the power, among others, to (ai) interpret the Plan, (bii) prescribe, amend and rescind rules and regulations relating to the Plan, Plan and (ciii) make all other determinations deemed necessary or advisable for the administration of the Plan.

Appears in 2 contracts

Samples: Restricted Stock Agreement (Laboratory Corp of America Holdings), Performance Award Agreement (Laboratory Corp of America Holdings)

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Conflicts and Interpretation. In the event of any conflict between this Agreement and the Plan, the Plan shall control. In the event of any ambiguity in this Agreement, any term which is not defined in this Agreement, or any matters as to which this Agreement is silent, the Plan shall govern including, without limitation, the provisions thereof pursuant to which the Committee has the power, among others, to (ai) interpret the Plan, (bii) prescribe, amend and rescind rules and regulations relating to the Plan, Plan and (ciii) make all other determinations deemed necessary or advisable for the administration of the Plan.

Appears in 2 contracts

Samples: Stock Unit Agreement (Lazard LTD), Stock Unit Agreement (Lazard Group LLC)

Conflicts and Interpretation. In the event of If there is any conflict between this Agreement and the Plan, the Plan shall control. In the event of or if there is any ambiguity in this Agreementagreement, any term which is not defined in this Agreement, or any matters matter as to which this Agreement is silent, in any such case the Plan shall govern including, without limitation, the provisions thereof pursuant to which the Committee has the power, among others, to (ai) interpret the Plan, (bii) prescribe, amend and rescind rules and regulations relating to the Plan, and (c) iii), make all other determinations deemed necessary or advisable for the administration of the Plan.

Appears in 1 contract

Samples: Plan Restricted Stock Agreement (Regions Financial Corp)

Conflicts and Interpretation. In the event of any conflict between this Agreement and the Plan, the Plan shall controlcontrol except with respect to the definition of Change of Control (attached hereto as Exhibit A). In the event of any ambiguity in this Agreement, any term which is not defined in this Agreement, or any matters as to which this Agreement is silent, the Plan shall govern including, without limitation, the provisions thereof pursuant to which the Board or Committee has the power, among others, to (ai) interpret the Plan, (bii) prescribe, amend and rescind rules and regulations relating to the Plan, and (ciii) make all other determinations deemed necessary or advisable for the administration of the Plan.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Janus Capital Group Inc)

Conflicts and Interpretation. In the event of any conflict between this Agreement and the Plan, the Plan this Agreement shall control. In the event of any ambiguity in this Agreement, any term which is not defined in this Agreement, or any matters as to which this Agreement is silent, the Plan shall govern govern, including, without limitation, the provisions thereof pursuant to which the Compensation and Benefits Committee has the power, among others, to (ai) interpret the Plan, (bii) prescribe, amend and rescind rules repeal administrative rules, guidelines, and regulations practices relating to the Plan, Plan and (ciii) make all other determinations deemed necessary or advisable for the administration of the Plan.

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (WESTMORELAND COAL Co)

Conflicts and Interpretation. In the event of any conflict between this Agreement and the Plan, the Plan this Agreement shall control. In the event of any ambiguity in this Agreement, any term which is not defined in this Agreement, Agreement or any matters as to which this Agreement is silent, the Plan shall govern govern, including, without limitation, the provisions thereof pursuant to which the Committee has the power, among others, to (ai) interpret the Plan, (bii) prescribe, amend and rescind rules and regulations relating to the Plan, Plan and (ciii) make all other determinations deemed necessary or advisable for the administration of the Plan.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Ramco Gershenson Properties Trust)

Conflicts and Interpretation. In the event of any conflict between this Agreement and the Plan, the Plan this Agreement shall control. In the event of any ambiguity in this Agreement, any term which is not defined in this Agreement, Agreement or any matters as to which this Agreement is silent, the Plan shall govern govern, including, without limitation, the provisions thereof pursuant to which the Committee Board has the power, among others, to (ai) interpret the Plan, (bii) prescribe, amend and rescind rules and regulations relating to the Plan, Plan and (ciii) make all other determinations deemed necessary or advisable for the administration of the Plan.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Ramco Gershenson Properties Trust)

Conflicts and Interpretation. In the event of any conflict between this Agreement and the Plan, the Plan this Agreement shall control. In the event of any ambiguity in this Agreement, any term which is not defined in this Agreement, Agreement or any matters as to which this Agreement is silent, the Plan shall govern including, without limitation, the provisions thereof pursuant to which the Committee has the power, among others, to (ai) interpret the Plan, (bii) prescribe, amend and rescind rules and regulations relating to the Plan, Plan and (ciii) make all other determinations deemed necessary or advisable for the administration of the Plan.

Appears in 1 contract

Samples: Non Qualified Option Agreement (Ramco Gershenson Properties Trust)

Conflicts and Interpretation. In the event of any conflict between this Agreement and the Plan, the Plan shall control. In the event of any ambiguity in this Agreement, any term which is not defined in of this Agreement, or any matters as to which this Agreement is silent, the Plan shall govern govern, including, without limitation, the provisions thereof pursuant to which the Committee has the power, among others, to (ai) interpret the Plan, (bii) prescribe, amend and rescind rules and regulations relating to the Plan, and (ciii) make all other determinations deemed necessary or advisable for the administration of the Plan.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Epoch Holding Corp)

Conflicts and Interpretation. In the event of any conflict between this Agreement and the Plan, the Plan this Agreement shall control. In the event of any ambiguity in this Agreement, any term which is not defined in this Agreement, or any matters as to which this Agreement is silent, the Plan shall govern including, without limitation, the provisions thereof pursuant to which the Committee Administrator has the power, among others, to (a) interpret the Plan, (b) prescribe, amend and rescind rules and regulations relating to the Plan, and (c) make all other determinations deemed necessary or advisable for the administration of the Plan.to

Appears in 1 contract

Samples: Restricted Stock Grant Agreement (Red Robin Gourmet Burgers Inc)

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