Common use of Modification; Entire Agreement; Waiver Clause in Contracts

Modification; Entire Agreement; Waiver. No change, modification or waiver of any provision of this Agreement which reduces the Optionee’s rights hereunder will be valid unless the same is agreed to in writing by the parties hereto. This Agreement, together with the Plan and the Exercise Notice, represent the entire agreement between the parties with respect to the Option. The failure of the Company to enforce at any time any provision of this Agreement will in no way be construed to be a waiver of such provision or of any other provision hereof. The Company reserves the right, however, to the extent that the Company deems necessary or advisable in its sole discretion, to unilaterally alter or modify the terms of the Option set forth in this Agreement in order to ensure that the Option qualifies for exemption from the requirements of Section 409A of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (“Section 409A”); provided, however that the Company makes no representations that the Option will be exempt from the requirements of Section 409A.

Modification; Entire Agreement; Waiver. No change, modification or waiver of any provision of this Agreement which reduces the OptioneeParticipant’s rights hereunder will be valid unless the same is agreed to in writing by the parties hereto. This Agreement, including Exhibit A, together with the Plan and the Exercise NoticePlan, represent the entire agreement between the parties with respect to the OptionPSUs awarded by the Grants hereunder. The failure of the Company Alphabet to enforce at any time any provision of this Agreement will in no way be construed to be a waiver of such provision or of any other provision hereof. The Company Alphabet reserves the right, however, to the extent that the Company Alphabet deems necessary or advisable in its sole discretion, to unilaterally alter or modify the terms of the Option set forth in Grants awarded under this Agreement in order to ensure that the Option qualifies PSUs either qualify for exemption from from, or comply with, the requirements of Section 409A of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (“Section 409A”); provided, however that the Company makes no representations that the Option PSUs will be exempt from from, or will comply with, the requirements of Section 409A.

Modification; Entire Agreement; Waiver. No change, modification or waiver of any provision of this Agreement which reduces the OptioneeParticipant’s rights hereunder will be valid unless the same is agreed to in writing by the parties hereto. This Agreement, including the Appendix and the GSU Details, together with the Plan and the Exercise NoticePlan, represent the entire agreement between the parties with respect to the OptionGSUs. The failure of the Company Alphabet to enforce at any time any provision of this Agreement will in no way be construed to be a waiver of such provision or of any other provision hereof. The Company Alphabet reserves the right, however, to the extent that the Company Alphabet deems necessary or advisable in its sole discretion, to unilaterally alter or modify the terms of the Option GSUs set forth in this Agreement in order to ensure that the Option qualifies GSUs either qualify for exemption from from, or comply with, the requirements of Section 409A of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (“Section 409A”); provided, however that the Company makes no representations that the Option GSUs will be exempt from from, or will comply with, the requirements of Section 409A.

Modification; Entire Agreement; Waiver. No change, modification or waiver of any provision of this Agreement which reduces the Optionee’s rights hereunder will be valid unless the same is agreed to in writing by the parties hereto. This Agreement, together with the Plan and the Exercise Notice, represent the entire agreement between the parties with respect to the Option. The failure of the Company to enforce at any time any provision of this Agreement will in no way be construed to be a waiver of such provision or of any other provision hereof. The Company reserves the right, however, to the extent that the Company deems necessary or advisable in its sole discretion, to unilaterally alter or modify the terms of the Option set forth in this Agreement in order to ensure that the Option qualifies for exemption from the requirements of Section 409A of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (“Section 409A”); provided, however that the Company makes no representations that the Option will be exempt from the requirements of Section 409A.409A. OSG STOCK OPTION GRANT AGREEMENT

Modification; Entire Agreement; Waiver. No change, modification or waiver of any provision of this Agreement which reduces the Optionee’s rights hereunder will be valid unless the same is agreed to in writing by the parties hereto. This Agreement, together with Agreement and the Plan and the Exercise Notice, represent contain the entire agreement between and understanding of the parties hereto with respect to the Optionsubject matter contained herein and therein and supersede all prior communications, representations and negotiations in respect thereof. The failure of the Company to enforce at any time any provision of this Agreement will in no way be construed to be a waiver of such provision or of any other provision hereof. The Company reserves the right, however, to the extent that the Company deems necessary or advisable in its sole discretion, to unilaterally alter or modify the terms of the Option set forth in this Agreement in order awards to ensure all RSUs and the Agreements provided to Grantees who are U.S. taxpayers are made in such a manner that the Option either qualifies for exemption from the requirements of or complies with Section 409A of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (“Section 409A”)Code; provided, however that the Company makes no representations that the Option RSUs will be exempt from Section 409A of the requirements Code and makes no undertaking to preclude Section 409A of Section 409A.the Code from applying to the RSUs.