Common use of Conflicts with Plan, Correction of Errors, and Grantee’s Consent Clause in Contracts

Conflicts with Plan, Correction of Errors, and Grantee’s Consent. In the event that any provision of this Agreement conflicts in any way with a provision of the Plan, such Plan provision shall be controlling and the applicable provision of this Agreement shall be without force and effect to the extent necessary to cause such Plan provision to be controlling. In the event that, due to administrative error, this Agreement does not accurately reflect an Award properly granted to the Grantee pursuant to the Plan, the Company, acting through its Executive Compensation Department, reserves the right to cancel any erroneous document and, if appropriate, to replace the cancelled document with a corrected document. It is the intention of the Company and the Grantee that this Award not result in unfavorable tax consequences to Grantee under Code Section 409A. Accordingly, Grantee consents to such amendment of this Agreement as the Company may reasonably make in furtherance of such intention, and the Company shall promptly provide, or make available to, Grantee a copy of any such amendment. Notwithstanding the foregoing, this Award is subject to cancellation by the Company in its sole discretion unless the Grantee, by not later than , , has signed a duplicate of this Agreement, in the space provided below, and returned the signed duplicate to Executive Compensation Department—Performance Stock (WO 1P16), Spectra Energy Corp, P. O. Xxx 0000, Xxxxxxx, XX 00000-0000, which, if, and to the extent, permitted by the Executive Compensation Department, may be accomplished by electronic means.

Appears in 3 contracts

Samples: Performance Award Agreement (Spectra Energy Corp.), Performance Award Agreement (Spectra Energy Corp.), Performance Award Agreement (Spectra Energy Corp.)

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Conflicts with Plan, Correction of Errors, and Grantee’s Consent. In the event that any provision of this Agreement conflicts in any way with a provision of the Plan, such Plan provision shall be controlling and the applicable provision of this Agreement shall be without force and effect to the extent necessary to cause such Plan provision to be controlling. In the event that, due to administrative error, this Agreement does not accurately reflect an a Phantom Stock Award properly granted to the Grantee pursuant to the Plan, the CompanyCorporation, acting through its Executive Compensation Department, reserves the right to cancel any erroneous document and, if appropriate, to replace the cancelled document with a corrected document. It is the intention of the Company and the Grantee that this Award not result in unfavorable tax consequences to Grantee under Code Section 409A. 409A or any Canadian law equivalent, as applicable. Accordingly, this Agreement shall be interpreted as necessary to comply with the requirements of Code Section 409A, Grantee consents to such any amendment of this Agreement as the Company may reasonably make in furtherance of such intention, and the Company shall promptly provide, or make available to, Grantee a copy of any such amendment. Notwithstanding the foregoing, this Award is subject to cancellation by the Company in its sole discretion unless the Grantee, by not later than , , has signed a duplicate of this Agreement, in the space provided below, and returned the signed duplicate to the Executive Compensation Department—Performance Phantom Stock (WO 1P16), Spectra Energy Corp, P. O. Xxx 0000, Xxxxxxx, XX 00000-0000, which, if, and to the extent, permitted by the Executive Compensation Department, may be accomplished by electronic means.

Appears in 2 contracts

Samples: Phantom Stock Award Agreement (Spectra Energy Corp.), Phantom Stock Award Agreement (Spectra Energy Corp.)

Conflicts with Plan, Correction of Errors, and Grantee’s Consent. In the event that any provision of this Agreement conflicts in any way with a provision of the Plan, such Plan provision shall be controlling and the applicable provision of this Agreement shall be without force and effect to the extent necessary to cause such Plan provision to be controlling. In the event that, due to administrative error, this Agreement does not accurately reflect an Award properly granted to the Grantee pursuant to the Plan, the Company, acting through its Executive Compensation Department, reserves the right to cancel any erroneous document and, if appropriate, to replace the cancelled document with a corrected document. It is the intention of the Company and the Grantee that this Award not result in unfavorable tax consequences to Grantee under Code Section 409A. Accordingly, Grantee consents to such amendment of this Agreement as the Company may reasonably make in furtherance of such intention, and the Company shall promptly provide, or make available to, Grantee a copy of any such amendment. Notwithstanding the foregoing, this Award is subject to cancellation by the Company in its sole discretion unless the Grantee, by not later than , , has signed a duplicate of this Agreement, in the space provided below, and returned the signed duplicate to Executive Compensation Department—Department – Performance Stock (WO 1P16), Spectra Energy Corp, P. O. Xxx 0000, Xxxxxxx, XX 00000-0000, which, if, and to the extent, permitted by the Executive Compensation Department, may be accomplished by electronic means.

Appears in 1 contract

Samples: Performance Award Agreement (Spectra Energy Corp.)

Conflicts with Plan, Correction of Errors, and Grantee’s Consent. In the event that any provision of this Agreement conflicts in any way with a provision of the Plan, such Plan provision shall be controlling and the applicable provision of this Agreement shall be without force and effect to the extent necessary to cause such Plan provision to be controlling. In the event that, due to administrative error, this Agreement does not accurately reflect an a Phantom Stock Award properly granted to the Grantee pursuant to the Plan, the CompanyCorporation, acting through its Executive Compensation and Benefits Department, reserves the right to cancel any erroneous document and, if appropriate, to replace the cancelled document with a corrected document. It is the intention of the Company Corporation and the Grantee that this Award not result in unfavorable tax consequences to Grantee under Code Section 409A. Accordingly, Grantee consents to such amendment of this Agreement as the Company Corporation may reasonably make in furtherance of such intention, and the Company Corporation shall promptly provide, or make available to, Grantee a copy of any such amendment. Notwithstanding the foregoing, this Award is subject to cancellation by the Company Corporation in its sole discretion unless the Grantee, by not later than , 2005, has signed a duplicate of this Agreement, in the space provided below, and returned the signed duplicate to the Executive Compensation Department—Performance and Benefits Department - Phantom Stock (WO 1P16PB04A), Spectra Duke Energy CorpCorporation, P. O. Xxx 0000, XxxxxxxXxxxxxxxx, XX 00000-0000, which, if, and to the extent, permitted by the Executive Compensation and Benefits Department, may be accomplished by electronic means.

Appears in 1 contract

Samples: Phantom Stock Award Agreement (Duke Energy Corp)

Conflicts with Plan, Correction of Errors, and Grantee’s Consent. In the event that any provision of this Agreement conflicts in any way with a provision of the Plan, such Plan provision shall be controlling and the applicable provision of this Agreement shall be without force and effect to the extent necessary to cause such Plan provision to be controlling. In the event that, due to administrative error, this Agreement does not accurately reflect an Award properly granted to the Grantee pursuant to the Plan, the CompanyCorporation, acting through its Executive Compensation and Benefits Department, reserves the right to cancel any erroneous document and, if appropriate, to replace the cancelled document with a corrected document. It is the intention of the Company Corporation and the Grantee that this Award not result in unfavorable tax consequences to Grantee under Code Section 409A. Accordingly, Grantee consents to such amendment of this Agreement as the Company Corporation may reasonably make in furtherance of such intention, and the Company Corporation shall promptly provide, or make available to, Grantee a copy of any such amendment. Notwithstanding the foregoing, this Award is subject to cancellation by the Company Corporation in its sole discretion unless the Grantee, by not later than , , has signed a duplicate of this Agreement, in the space provided below, and returned the signed duplicate to the Executive Compensation Department—and Benefits Department - Performance Stock Award [(WO 1P16ST05F)], Spectra Duke Energy CorpCorporation, P. O. Xxx 0000, XxxxxxxXxxxxxxxx, XX 00000-0000, which, if, and to the extent, permitted by the Executive Compensation and Benefits Department, may be accomplished by electronic means.

Appears in 1 contract

Samples: Performance Award Agreement (Duke Energy CORP)

Conflicts with Plan, Correction of Errors, and Grantee’s Consent. In the event that any provision of this Agreement conflicts in any way with a provision of the Plan, such Plan provision shall be controlling and the applicable provision of this Agreement shall be without force and effect to the extent necessary to cause such Plan provision to be controlling. In the event that, due to administrative error, this Agreement does not accurately reflect an a Phantom Stock Award properly granted to the Grantee pursuant to the Plan, the CompanyCorporation, acting through its Executive Compensation and Benefits Department, reserves the right to cancel any erroneous document and, if appropriate, to replace the cancelled document with a corrected document. It is the intention of the Company Corporation and the Grantee that this Award not result in unfavorable tax consequences to Grantee under Code Section 409A. Accordingly, Grantee consents to such amendment of this Agreement as the Company Corporation may reasonably make in furtherance of such intention, and the Company Corporation shall promptly provide, or make available to, Grantee a copy of any such amendment. Notwithstanding the foregoing, this Award is subject to cancellation by the Company Corporation in its sole discretion unless the Grantee, by not later than , , has signed a duplicate of this Agreement, in the space provided below, and returned the signed duplicate to the Executive Compensation Department—Performance and Benefits Department - Phantom Stock [(WO 1P16ST05F)], Spectra Duke Energy CorpCorporation, P. O. Xxx 0000, XxxxxxxXxxxxxxxx, XX 00000-0000, which, if, and to the extent, permitted by the Executive Compensation and Benefits Department, may be accomplished by electronic means.

Appears in 1 contract

Samples: Phantom Stock Award Agreement (Duke Energy CORP)

Conflicts with Plan, Correction of Errors, and Grantee’s Consent. In the event that any provision of this Agreement conflicts in any way with a provision of the Plan, such Plan provision shall be controlling and the applicable provision of this Agreement shall be without force and effect to the extent necessary to cause such Plan provision to be controlling. In the event that, due to administrative error, this Agreement does not accurately reflect an Award properly granted to the Grantee pursuant to the Plan, the Company, acting through its Executive Compensation Department, reserves the right to cancel any erroneous document and, if appropriate, to replace the cancelled document with a corrected document. It is the intention of the Company and the Grantee that this Award not result in unfavorable tax consequences to Grantee under Code Section 409A. 409A, or any Canadian law equivalent, as applicable. Accordingly, Grantee consents to such amendment of this Agreement as the Company may reasonably make in furtherance of such intention, and the Company shall promptly provide, or make available to, Grantee a copy of any such amendment. Further, to the extent that any term of this Agreement is ambiguous, such term shall be interpreted as necessary to comply with, or be exempt under, the requirements of Code Section 409A, as determined by the Company. Notwithstanding the foregoing, this Award is subject to cancellation by the Company in its sole discretion unless the Grantee, by not later than , , has signed a duplicate of this Agreement, in the space provided below, and returned the signed duplicate to the Executive Compensation Department—Performance Stock (WO 1P161O23), Spectra Energy Corp, P. O. Xxx 0000, Xxxxxxx, XX 00000-0000, which, if, and to the extent, permitted by the Executive Compensation Department, may be accomplished by electronic means.

Appears in 1 contract

Samples: Performance Award Agreement (Spectra Energy Corp.)

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Conflicts with Plan, Correction of Errors, and Grantee’s Consent. In the event that any provision of this Agreement conflicts in any way with a provision of the Plan, such Plan provision shall be controlling and the applicable provision of this Agreement shall be without force and effect to the extent necessary to cause such Plan provision to be controlling. In the event that, due to administrative error, this Agreement does not accurately reflect an Award properly granted to the Grantee pursuant to the Plan, the CompanyCorporation, acting through its Executive Compensation and Benefits Department, reserves the right to cancel any erroneous document and, if appropriate, to replace the cancelled document with a corrected document. It is the intention of the Company Corporation and the Grantee that this Award not result in unfavorable tax consequences to Grantee under Code Section 409A. Accordingly, Grantee consents to such amendment of this Agreement as the Company Corporation may reasonably make in furtherance of such intention, and the Company Corporation shall promptly provide, or make available to, Grantee a copy of any such amendment. Notwithstanding the foregoing, Grantee acknowledges and agrees that payments made under this Award is Agreement are subject to cancellation the Corporation’s requirement that the Grantee reimburse the portion of any payment where such portion of the payment was predicated upon the achievement of financial results that are subsequently the subject of a restatement caused or partially caused by the Company in its sole discretion unless the Grantee, by not later than , , has signed a duplicate of this Agreement, in the space provided below, and returned the signed duplicate to Executive Compensation Department—Performance Stock (WO 1P16), Spectra Energy Corp, P. O. Xxx 0000, Xxxxxxx, XX 00000-0000, which, if, and to the extent, permitted by the Executive Compensation Department, may be accomplished by electronic means’s fraud or misconduct.

Appears in 1 contract

Samples: Performance Award Agreement (Duke Energy CORP)

Conflicts with Plan, Correction of Errors, and Grantee’s Consent. In the event that any provision of this Agreement conflicts in any way with a provision of the Plan, such Plan provision shall be controlling and the applicable provision of this Agreement shall be without force and effect to the extent necessary to cause such Plan provision to be controlling. In the event that, due to administrative error, this Agreement does not accurately reflect an a Phantom Stock Award properly granted to the Grantee pursuant to the Plan, the CompanyCorporation, acting through its Executive Compensation Department, reserves the right to cancel any erroneous document and, if appropriate, to replace the cancelled document with a corrected document. It is the intention of the Company Corporation and the Grantee that this Award not result in unfavorable tax consequences to Grantee under Code Section 409A. 409A or any Canadian law equivalent, as applicable. Accordingly, Grantee consents to such amendment of this Agreement as the Company Corporation may reasonably make in furtherance of such intention, and the Company Corporation shall promptly provide, or make available to, Grantee a copy of any such amendment. Notwithstanding the foregoing, this Award is subject to cancellation by the Company Corporation in its sole discretion unless the Grantee, by not later than , , has signed a duplicate of this Agreement, in the space provided below, and returned the signed duplicate to the Executive Compensation Department—Performance Phantom Stock (WO 1P16), Spectra Energy Corp, P. O. Xxx 0000, Xxxxxxx, XX 00000-0000, which, if, and to the extent, permitted by the Executive Compensation Department, may be accomplished by electronic means.

Appears in 1 contract

Samples: Phantom Stock Award Agreement (Spectra Energy Corp.)

Conflicts with Plan, Correction of Errors, and Grantee’s Consent. In the event that any provision of this Agreement conflicts in any way with a provision of the Plan, such Plan provision shall be controlling and the applicable provision of this Agreement shall be without force and effect to the extent necessary to cause such Plan provision to be controlling. In the event that, due to administrative error, this Agreement does not accurately reflect an a Phantom Stock Award properly granted to the Grantee pursuant to the Plan, the CompanyCorporation, acting through its Executive Compensation Department, reserves the right to cancel any erroneous document and, if appropriate, to replace the cancelled document with a corrected document. It is the intention of the Company Corporation and the Grantee that this Award not result in unfavorable tax consequences to Grantee under Code Section 409A. 409A or any Canadian law equivalent, as applicable. Accordingly, Grantee consents to such amendment of this Agreement as the Company Corporation may reasonably make in furtherance of such intention, and the Company Corporation shall promptly provide, or make available to, Grantee a copy of any such amendment. Notwithstanding the foregoing, this Award is subject to cancellation by the Company Corporation in its sole discretion unless the Grantee, by not later than , , has signed a duplicate of this Agreement, in the space provided below, and returned the signed duplicate to the Executive Compensation Department—Performance Department - Phantom Stock (WO 1P16), Spectra Energy Corp, P. O. Xxx 0000, Xxxxxxx, XX 00000-0000, which, if, and to the extent, permitted by the Executive Compensation Department, may be accomplished by electronic means.

Appears in 1 contract

Samples: Phantom Stock Award Agreement (Spectra Energy Corp.)

Conflicts with Plan, Correction of Errors, and Grantee’s Consent. In the event that any provision of this Agreement conflicts in any way with a provision of the Plan, such Plan provision shall be controlling and the applicable provision of this Agreement shall be without force and effect to the extent necessary to cause such Plan provision to be controlling. In the event that, due to administrative error, this Agreement does not accurately reflect an Award properly granted to the Grantee pursuant to the Plan, the Company, acting through its Executive Compensation Department, reserves the right to cancel any erroneous document and, if appropriate, to replace the cancelled document with a corrected document. It is the intention of the Company and the Grantee that this Award not result in unfavorable tax consequences to Grantee under Code Section 409A. 409A, or any Canadian law equivalent, as applicable. Accordingly, Grantee consents to such amendment of this Agreement as the Company may reasonably make in furtherance of such intention, and the Company shall promptly provide, or make available to, Grantee a copy of any such amendment. Further, to the extent that any term of this Agreement is ambiguous, such term shall be interpreted as necessary to comply with, or be exempt from, the requirements of Code Section 409A, as determined by the Company. Notwithstanding the foregoing, this Award is subject to cancellation by the Company in its sole discretion unless the Grantee, by not later than , , has signed a duplicate of this Agreement, in the space provided below, and returned the signed duplicate to the Executive Compensation Department—Performance Stock (WO 1P161O23), Spectra Energy Corp, P. O. Xxx 0000, Xxxxxxx, XX 00000-0000, which, if, and to the extent, permitted by the Executive Compensation Department, may be accomplished by electronic means.

Appears in 1 contract

Samples: Performance Award Agreement (Spectra Energy Corp.)

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