Continuance of Employment/Service Required; No Employment/Service Commitment. Except as otherwise expressly provided in Section 8, the vesting schedule in Section 3 requires continued employment or service through each applicable vesting date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Agreement. Employment or service for only a portion of the vesting period, even if a substantial portion, will not entitle the Participant to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination of employment or services as provided in Section 8 below or under the Plan (except as otherwise expressly provided in Section 8). Nothing contained in this Agreement or the Plan constitutes an employment or service commitment by the Corporation, affects the Participant’s status, if he or she is an employee, as an employee at will who is subject to termination without cause, confers upon the Participant any right to remain employed by or in service to the Corporation or any Subsidiary, interferes in any way with the right of the Corporation or any Subsidiary at any time to terminate such employment or services, or affects the right of the Corporation or any Subsidiary to increase or decrease the Participant’s other compensation or benefits. Nothing in this Agreement, however, is intended to adversely affect any independent contractual right of the Participant without his or her consent thereto.
Appears in 7 contracts
Samples: Performance Restricted Stock Unit Award Agreement (Sportsman's Warehouse Holdings, Inc.), Performance Restricted Stock Unit Award Agreement (Sportsman's Warehouse Holdings, Inc.), Restricted Stock Unit Award Agreement (Sportsman's Warehouse Holdings, Inc.)
Continuance of Employment/Service Required; No Employment/Service Commitment. Except as otherwise expressly provided in Section 85, the vesting schedule in Section 3 requires continued employment or service through each applicable vesting date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Award Agreement. Employment ; and employment or service for only a portion of the any vesting period, even if a substantial portion, will not entitle the Participant to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination of employment or services as provided in Section 8 5 below or under the Plan for such vesting period (except as otherwise expressly provided in Section 8)or for any later vesting period). Nothing contained in this Award Agreement or the Plan constitutes an a continued employment or service commitment by the CorporationCorporation or any of its Subsidiaries, affects the Participant’s status, if he or she is an employee, as an employee at will who is subject to termination without cause, confers upon the Participant any right to remain employed by or in service to the Corporation or any Subsidiary, interferes in any way with the right of the Corporation or any Subsidiary at any time to terminate such employment or servicesservice, or affects the right of the Corporation or any Subsidiary to increase or decrease the Participant’s other compensation or benefits. Nothing in this Agreementparagraph, however, is intended to adversely affect any independent contractual right of the Participant without his or her consent thereto.
Appears in 2 contracts
Samples: Stock Appreciation Rights Award Agreement (Nationwide Health Properties Inc), Stock Appreciation Rights Award Agreement (Nationwide Health Properties Inc)
Continuance of Employment/Service Required; No Employment/Service Commitment. Except as otherwise expressly provided in Section 84 below, the vesting schedule in Section 3 requires continued employment or service through each applicable vesting date as a condition to the vesting of the applicable installment of the Award Option and the rights and benefits under this Option Agreement. Employment or service for only a portion of the vesting period, even if a substantial portion, will not entitle the Participant to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination of employment or services as provided in Section 8 4 below or under the Plan (except as otherwise expressly provided in Section 8)Plan. Nothing contained in this Option Agreement or the Plan constitutes an employment or service commitment by the CorporationCorporation or any of its Subsidiaries, affects the Participant’s status, if he or she is an employee, as an employee at will who is subject to termination without cause, confers upon the Participant any right to remain employed by or in service to the Corporation or any Subsidiary, interferes in any way with the right of the Corporation or any Subsidiary at any time to terminate such employment or servicesservice, or affects the right of the Corporation or any Subsidiary to increase or decrease the Participant’s other compensation or benefits. Nothing in this Agreement, however, is intended to adversely affect any independent contractual right of the Participant without his or her consent theretocompensation.
Appears in 2 contracts
Samples: Nonqualified Stock Option Agreement (Corinthian Colleges Inc), Incentive Stock Option Agreement (Corinthian Colleges Inc)
Continuance of Employment/Service Required; No Employment/Service Commitment. Except as otherwise expressly provided in Section 8, the The vesting schedule in Section 3 applicable to the Option requires continued employment or service through each applicable vesting date as a condition to the vesting of the applicable Option (or installment of the Award thereof, as applicable) and the rights and benefits under this Agreement. Employment or service for only a portion of the vesting period, even if a substantial portion, will not entitle the Participant Grantee to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination of employment or services as provided in Section 8 below or under the Plan (except as otherwise expressly provided in Section 8)Plan. Nothing contained in this Agreement or the Plan constitutes an employment or service commitment by the CorporationCorporation or any of its Subsidiaries, affects the ParticipantGrantee’s status, if he or she is an employee, as an employee at will who is subject to termination without cause, confers upon the Participant Grantee any right to remain employed by or in service to the Corporation or any Subsidiary, interferes in any way with the right of the Corporation or any Subsidiary at any time to terminate such employment or services, or affects the right of the Corporation or any Subsidiary to increase or decrease the ParticipantGrantee’s other compensation or benefits. Nothing in this Agreementparagraph, however, is intended to adversely affect any independent contractual right of the Participant Grantee without his or her consent thereto.
Appears in 2 contracts
Samples: Employment Agreement (Quality Care Properties, Inc.), Employment Agreement (Quality Care Properties, Inc.)
Continuance of Employment/Service Required; No Employment/Service Commitment. Except as otherwise expressly provided in Section 8, the The vesting schedule in Section 3 applicable to the Option requires continued employment or service through each applicable vesting date as a condition to the vesting of the applicable installment of the Award Option and the rights and benefits under this Option Agreement. Employment or service for OMM_US:78396742.1 only a portion of the vesting period, even if a substantial portion, will not entitle the Participant Grantee to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination of employment or services as provided in Section 8 5 below or under the Plan (except as otherwise expressly provided in Section 8)Plan. Nothing contained in this Option Agreement or the Plan constitutes an a continued employment or service commitment by the CorporationCorporation or any of its Subsidiaries, affects the ParticipantGrantee’s status, if he or she is an employee, as an employee at will who is subject to termination without cause, confers upon the Participant Grantee any right to remain employed by or in service to the Corporation or any Subsidiary, interferes in any way with the right of the Corporation or any Subsidiary at any time to terminate such employment or servicesservice, or affects the right of the Corporation or any Subsidiary to increase or decrease the ParticipantGrantee’s other compensation or benefitscompensation. Nothing in this Agreementparagraph, however, is intended to adversely affect any independent contractual right of the Participant Grantee without his or his/her consent thereto.
Appears in 1 contract
Continuance of Employment/Service Required; No Employment/Service Commitment. Except as otherwise expressly provided The Vesting Schedule set forth in Section 8, the vesting schedule in Section 3 this Option Agreement requires continued employment or service through each applicable vesting date as a condition to the vesting of the applicable installment of the Award Option and the rights and benefits under this Option Agreement. Employment or service for only a portion of the vesting period, even if a substantial portion, will not entitle the Participant Grantee to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination of employment or services as provided in Section 8 4 below or under the Plan (except as otherwise expressly provided in Section 8)Plan. Nothing contained in this Option Agreement or the Plan constitutes an a continued employment or service commitment by the CorporationCorporation or any of its Subsidiaries, affects the Participant’s Grantee's status, if he or she is an employee, as an employee at will who is subject to termination without cause, confers upon the Participant Grantee any right to remain employed by or in service to the Corporation or any Subsidiary, interferes in any way with the right of the Corporation or any Subsidiary at any time to terminate such employment or servicesservice, or affects the right of the Corporation or any Subsidiary to increase or decrease the Participant’s Grantee's other compensation or benefits. Nothing in this Agreement, however, is intended compensation.
(1) Subject to adversely affect any independent contractual right adjustment under Section 7.1 of the Participant without his or her consent theretoPlan.
(2) Subject to early termination under Section 4 of this Option Agreement and Section 7.4 of the Plan.
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Red Robin Gourmet Burgers Inc)
Continuance of Employment/Service Required; No Employment/Service Commitment. Except as otherwise expressly provided in Section 84 below, the vesting schedule in Section 3 applicable to the Option requires continued employment or service through each applicable vesting date as a condition to the vesting of the applicable installment of the Award Option and the rights and benefits under this Option Agreement. Employment or service for only a portion of the vesting period, even if a substantial portion, will not entitle the Participant Grantee to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination of employment or services as provided in Section 8 4 below or under the Plan (except as otherwise expressly provided in Section 8)Plan. Nothing contained in this Option Agreement or the Plan constitutes an a continued employment or service commitment by the CorporationCorporation or any of its Subsidiaries, affects the ParticipantGrantee’s status, if he or she is an employee, as an employee at will who is subject to termination without cause, confers upon the Participant Grantee any right to remain employed by or in service to the Corporation or any Subsidiary, interferes in any way with the right of the Corporation or any Subsidiary at any time to terminate such employment or servicesservice, or affects the right of the Corporation or any Subsidiary to increase or decrease the ParticipantGrantee’s other compensation or benefitscompensation. Nothing in this Option Agreement, however, is intended to adversely affect any independent contractual right of the Participant Grantee without his or his/her consent thereto.
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Sphere 3D Corp)
Continuance of Employment/Service Required; No Employment/Service Commitment. Except as otherwise expressly provided in Section 87, the vesting schedule Participant is required to remain in Section 3 requires continued employment or service with the Corporation or one of its Subsidiaries through each the applicable vesting date as a condition to the vesting of the applicable installment any portion of the Award and the rights and benefits under this Agreement. Employment Except as expressly provided in Section 7(b) below, employment or service for only a portion of the vesting period, even if a substantial portion, will not entitle the Participant to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination of employment or services as provided in Section 8 7 below or under the Plan (except as otherwise expressly provided in Section 8)Plan. Nothing contained in this Agreement or the Plan constitutes an employment or service commitment by the Corporation, affects the Participant’s status, if he or she is an employee, status as an employee at will who is subject to termination without cause, confers upon the Participant any right to remain employed by or in service to the Corporation or any SubsidiaryCorporation, interferes in any way with the right of the Corporation or any Subsidiary at any time to terminate such employment or services, or affects the right of the Corporation or any Subsidiary to increase or decrease the Participant’s other compensation or benefits. Nothing in this Agreementparagraph, however, is intended to adversely affect any independent contractual right of the Participant without his or her consent thereto.
Appears in 1 contract
Samples: Performance Stock Unit Award Agreement (Alaska Air Group, Inc.)
Continuance of Employment/Service Required; No Employment/Service Commitment. Except as otherwise expressly provided in Section 8, the vesting schedule in Section 3 requires continued employment or service through each applicable vesting date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Agreement. Employment or service for only a portion of the vesting period, even if a substantial portion, will not entitle the Participant to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination of employment or services as provided in Section 8 below or under the Plan (except as otherwise expressly provided in Section 8). Nothing contained in this Agreement or the Plan constitutes an employment or service commitment by the Corporation, affects the Participant’s status, if he or she is an employee, as an employee at will who is subject to termination without cause, confers upon the Participant any right to remain employed by or in service to the Corporation or any Subsidiary, interferes in any way with the right of the Corporation or any Subsidiary at any time to terminate such employment or services, or affects the right of the Corporation or any Subsidiary to increase or decrease the Participant’s other compensation or benefits. Nothing in this Agreement, however, is intended to adversely affect any independent contractual right of the Participant without his or her consent thereto.
Appears in 1 contract
Samples: Restricted Stock Unit Award Agreement (Sportsman's Warehouse Holdings, Inc.)
Continuance of Employment/Service Required; No Employment/Service Commitment. Except as otherwise expressly provided in Section 8, the The vesting schedule in Section 3 requires continued employment or service through each applicable vesting date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Agreement. Employment or service for only a portion of the vesting period, even if a substantial portion, will not entitle the Participant to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or following a termination of employment or services as provided in Section 8 below or under the Plan (except as otherwise expressly provided in Section 8)Plan. Nothing contained in this Agreement or the Plan constitutes an employment or service commitment by the Corporation, affects the Participant’s status, if he or she is an employee, as an employee at will who is subject to termination without cause, confers upon the Participant any right to remain employed by or in service to the Corporation or any Subsidiary, interferes in any way with the right of the Corporation or any Subsidiary at any time to terminate such employment or services, or affects the right of the Corporation or any Subsidiary to increase or decrease the Participant’s other compensation or benefits. Nothing in this Agreement, however, is intended to adversely affect any independent contractual right of the Participant without his or her consent thereto.
Appears in 1 contract
Samples: Restricted Stock Unit Award Agreement (Sportsmans Warehouse Holdings Inc)