Continuance of Employment. Except as otherwise expressly provided in Section 8, the vesting schedule requires continued employment through each applicable vesting date, as provided in Section 3, as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Agreement. Employment 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 as provided in Section 8 below or under the Plan. Nothing contained in this Agreement or the Plan constitutes an employment or service commitment by the Corporation or any of its Subsidiaries, affects the Participant’s status as an employee at will who is subject to termination without Cause (as defined herein), confers upon the Participant any right to remain employed by or in service to the Corporation or any of its Subsidiaries, interferes in any way with the right of the Corporation or any of its Subsidiaries at any time to terminate such employment or services, or affects the right of the Corporation or any of its Subsidiaries to increase or decrease the Participant’s other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant without his or her consent thereto.
Appears in 6 contracts
Samples: Retentive Ltip Unit Agreement (Healthpeak Properties, Inc.), Retentive Restricted Stock Unit Agreement (Healthpeak Properties, Inc.), Retentive Ltip Unit Agreement (Healthpeak Properties, Inc.)
Continuance of Employment. Except as otherwise expressly provided in Section 8, the The vesting schedule requires continued employment through each applicable vesting datethe date of the Committee Determination (the “Vesting Period”), as provided in Section 3, as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Agreement. Employment for only a portion of the vesting periodVesting 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 as provided in Section 8 below or under the Plan. Nothing contained in this Agreement or the Plan constitutes an employment or service commitment by the Corporation or any of its Subsidiaries, affects the Participant’s status as an employee at will who is subject to termination without Cause (as defined herein), confers upon the Participant any right to remain employed by or in service to the Corporation or any of its Subsidiaries, interferes in any way with the right of the Corporation or any of its Subsidiaries at any time to terminate such employment or services, or affects the right of the Corporation or any of its Subsidiaries to increase or decrease the Participant’s other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant without his or her consent thereto.
Appears in 5 contracts
Samples: Neo 3 Year Ltip Rsu Agreement (Hcp, Inc.), Neo 3 Year Ltip Rsu Agreement (Hcp, Inc.), Ceo 3 Year Ltip Rsu Agreement (Hcp, Inc.)
Continuance of Employment. Except as otherwise expressly provided in Subject to Section 88 below, the vesting schedule set forth above requires continued employment or service through each applicable vesting date, as provided in Section 3, date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Award Agreement. Employment for only a portion of the vesting periodPartial employment or service, even if a substantial portionsubstantial, during any vesting period will not entitle the Participant Employee 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. Nothing Unless otherwise set forth in writing, nothing contained in this Award Agreement or the Plan constitutes an employment or service commitment by the Corporation or any of its SubsidiariesCorporation, affects the ParticipantEmployee’s status as an employee at will who is subject to termination without Cause (as defined herein)cause, confers upon the Participant Employee any right to remain employed by or in service to the Corporation or any of its Subsidiaries, interferes in any way with the right of the Corporation or any of its Subsidiaries at any time to terminate such employment or services, or affects the right of the Corporation or any of its Subsidiaries to increase or decrease the ParticipantEmployee’s other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant Employee without his or her consent thereto.
Appears in 4 contracts
Samples: Restricted Stock Award Agreement (Meade Instruments Corp), Restricted Stock Award Agreement (Meade Instruments Corp), Restricted Stock Award Agreement (Meade Instruments Corp)
Continuance of Employment. Except as otherwise expressly provided in Section 8, the vesting schedule requires continued employment through each applicable vesting datethe date of the Committee Determination (the “Vesting Period”), as provided in Section 3, as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Agreement. Employment for only a portion of the vesting periodVesting 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 as provided in Section 8 below or under the Plan. Nothing contained in this Agreement or the Plan constitutes an employment or service commitment by the Corporation or any of its Subsidiaries, affects the Participant’s status as an employee at will who is subject to termination without Cause (as defined herein), confers upon the Participant any right to remain employed by or in service to the Corporation or any of its Subsidiaries, interferes in any way with the right of the Corporation or any of its Subsidiaries at any time to terminate such employment or services, or affects the right of the Corporation or any of its Subsidiaries to increase or decrease the Participant’s other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant without his or her consent thereto.
Appears in 4 contracts
Samples: 3 Year Performance Based Restricted Stock Unit Agreement (Healthpeak Properties, Inc.), 3 Year Performance Based Restricted Stock Unit Agreement (Healthpeak Properties, Inc.), 3 Year Ltip Rsu Agreement (Hcp, Inc.)
Continuance of Employment. Except as otherwise expressly provided in Section 88 of this Award Agreement, the vesting schedule requires continued employment or service through each applicable vesting date, as provided in Section 3, the 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 or service for only a portion of the vesting period, even if a substantial portion, will not (except as expressly provided in Section 8) 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. Nothing contained in this Award Agreement or the Plan constitutes an employment or service commitment by the Corporation or any of its SubsidiariesCorporation, affects the Participant’s status as an employee at will who is subject to termination without Cause (as defined herein)cause, confers upon the Participant any right to remain employed by or in service to the Corporation or any of its Subsidiaries, interferes in any way with the right of the Corporation or any of its Subsidiaries at any time to terminate such employment or services, or affects the right of the Corporation or any of its Subsidiaries to increase or decrease the Participant’s other compensation or benefits. Nothing in this paragraphAward Agreement, however, is intended to adversely affect any independent contractual right of the Participant without his or her consent thereto.
Appears in 3 contracts
Samples: Performance Stock Unit Award Agreement (Francesca's Holdings CORP), Performance Stock Award Agreement (Francesca's Holdings CORP), Performance Restricted Stock Award Agreement (Francesca's Holdings CORP)
Continuance of Employment. Except as otherwise expressly provided in Section 88 or Section 9(b), the vesting schedule requires continued employment through each applicable vesting datethe date of the Committee Determination (the “Vesting Period”), as provided in Section 3, as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Agreement. Employment for only a portion of the vesting periodVesting 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 as provided in Section 8 below or under the Plan. Nothing contained in this Agreement or the Plan constitutes an employment or service commitment by the Corporation or any of its Subsidiaries, affects the Participant’s status as an employee at will who is subject to termination without Cause (as defined herein), confers upon the Participant any right to remain employed by or in service to the Corporation or any of its Subsidiaries, interferes in any way with the right of the Corporation or any of its Subsidiaries at any time to terminate such employment or services, or affects the right of the Corporation or any of its Subsidiaries to increase or decrease the Participant’s other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant without his or her consent thereto.
Appears in 3 contracts
Samples: 3 Year Performance Based Ltip Unit Agreement (Healthpeak Properties, Inc.), 3 Year Performance Based Ltip Unit Agreement (Healthpeak Properties, Inc.), 3 Year Performance Based Ltip Unit Agreement (Healthpeak Properties, Inc.)
Continuance of Employment. Except as otherwise expressly provided in Section 8, the The vesting schedule requires continued employment through each applicable vesting date, as provided in Section 3, date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Agreement. Employment 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 as provided in Section 8 below or under the Plan. Nothing contained in this Agreement or the Plan constitutes an employment or service commitment by the Corporation or any of its Subsidiaries, affects the Participant’s status as an employee at will who is subject to termination without Cause (as defined hereinin the Participant’s applicable employment agreement entered into with the Corporation), confers upon the Participant any right to remain employed by or in service to the Corporation or any of its Subsidiaries, interferes in any way with the right of the Corporation or any of its Subsidiaries at any time to terminate such employment or services, or affects the right of the Corporation or any of its Subsidiaries to increase or decrease the Participant’s other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant without his or her consent thereto.
Appears in 2 contracts
Samples: Neo Retentive Ltip Rsu Agreement (Hcp, Inc.), Ceo Retentive Ltip Rsu Agreement (Hcp, Inc.)
Continuance of Employment. Except as otherwise expressly provided in Section 8, the vesting schedule requires continued employment or service through each applicable vesting date, as provided in Section 3, 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 service as provided in Section 8 below or under the Plan. Nothing contained in this Agreement or the Plan constitutes an employment or service commitment by the Corporation or any of its Subsidiaries, affects the Participant’s status as an employee at will who is subject to termination without Cause (as defined herein)cause, confers upon the Participant any right to remain employed by or in service to the Corporation or any of its Subsidiaries, interferes in any way with the right of the Corporation or any of its Subsidiaries at any time to terminate such employment or services, or affects the right of the Corporation or any of its Subsidiaries to increase or decrease the Participant’s other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant without his or her consent thereto.
Appears in 1 contract
Samples: Non Neo Ltip Unit Award Agreement (Healthpeak Properties, Inc.)
Continuance of Employment. Except as otherwise expressly provided in Subject to Section 88 below, the vesting schedule set forth above requires continued employment or service through each applicable vesting date, as provided in Section 3, date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Award Agreement. Employment for only a portion of the vesting periodPartial employment or service, even if a substantial portionsubstantial, during any vesting period will not entitle the Participant Employee 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. Nothing Unless otherwise set forth in writing, nothing contained in this Award Agreement or the Plan constitutes an employment or service commitment by the Corporation or any of its SubsidiariesCorporation, affects the Participant’s Employee's status as an employee at will who is subject to termination without Cause (as defined herein)cause, confers upon the Participant Employee any right to remain employed by or in service to the Corporation or any of its Subsidiaries, interferes in any way with the right of the Corporation or any of its Subsidiaries at any time to terminate such employment or services, or affects the right of the Corporation or any of its Subsidiaries to increase or decrease the Participant’s Employee's other compensation or benefits. Nothing Exhibit 10.67 in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant Employee without his or her consent thereto.
Appears in 1 contract
Samples: Restricted Stock Award Agreement (Meade Instruments Corp)
Continuance of Employment. Except as otherwise for any accelerated vesting expressly provided for in Section 88 in the circumstances referred to therein and except for application of any applicable Pro-Rata Vesting Percentage, the vesting schedule requires continued employment or service through each applicable vesting date, as provided in Section 3, date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Agreement. Employment Except for application of any applicable Pro-Rata Vesting Percentage, employment or service for only a portion of the a vesting period, even if a substantial portion, will not entitle the Participant Executive 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. Nothing contained in this Agreement or the Plan constitutes an employment or service commitment by the Corporation or any of its SubsidiariesCorporation, affects the ParticipantExecutive’s status as an employee at will who is subject to termination without Cause (as defined herein)cause, confers upon the Participant Executive any right to remain employed by or in service to the Corporation or any of its SubsidiariesSubsidiary, interferes in any way with the right of the Corporation or any of its Subsidiaries Subsidiary at any time to terminate such employment or services, or affects the right of the Corporation or any of its Subsidiaries Subsidiary to increase or decrease the ParticipantExecutive’s other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant Executive without his or her consent thereto.
Appears in 1 contract
Samples: Stock Unit Award Agreement (Health Care Property Investors Inc)
Continuance of Employment. Except as otherwise expressly provided in Section 88 of this Award Agreement, the vesting schedule requires continued employment or service through each the applicable vesting date, as provided in Section 3, date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Award Agreement. Employment or service for only a portion of the vesting period, even if a substantial portion, will not (except as expressly provided in Section 8) 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. Nothing contained in this Award Agreement or the Plan constitutes an employment or service commitment by the Corporation or any of its SubsidiariesCorporation, affects the Participant’s status as an employee at will who is subject to termination without Cause (as defined herein)cause, confers upon the Participant any right to remain employed by or in service to the Corporation or any of its Subsidiaries, interferes in any way with the right of the Corporation or any of its Subsidiaries at any time to terminate such employment or services, or affects the right of the Corporation or any of its Subsidiaries to increase or decrease the Participant’s other compensation or benefits. Nothing in this paragraphAward 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: Performance Stock Award Agreement (Francesca's Holdings CORP)
Continuance of Employment. Except as otherwise expressly provided in Section 8, the The vesting schedule requires continued employment or service through each applicable vesting date, as provided in Section 3, date as a condition to the vesting of the applicable installment of the Award and the rights and benefits under this Award 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. Nothing contained in this Award Agreement or the Plan constitutes an employment or service commitment by the Corporation or any of its Subsidiaries, affects the Participant’s status Grantee's status, if he or she is an employee, as an employee at will who is subject to termination without Cause (as defined herein)cause, confers upon the Participant Grantee any right to remain employed by or in service to the Corporation or any of its Subsidiaries, interferes in any way with the right of the Corporation or any of its Subsidiaries at any time to terminate such employment or services, or affects the right of the Corporation or any of its Subsidiaries to increase or decrease the Participant’s Grantee's other compensation or benefits. Nothing in this paragraph, however, is intended to adversely affect any independent contractual right of the Participant without his Grantee under any written employment agreement or her consent theretoother agreemenet with the Corporation.
Appears in 1 contract
Samples: Restricted Stock Award Agreement (Fremont General Corp)