Common use of Nature of Grant; No Entitlement; No Claim for Compensation Clause in Contracts

Nature of Grant; No Entitlement; No Claim for Compensation. Grantee, in accepting the Stock Units, represents and acknowledges that Xxxxxxx’s participation in the Plan is voluntary; that participation in the Plan is discretionary and does not form any part of Grantee’s contract of employment, if any, with the Company or any of its subsidiaries; and that Grantee has not been induced to participate in the Plan by any expectation of employment or continued employment with the Company or any of its subsidiaries. Xxxxxxx furthermore understands and acknowledges that the grant of the Stock Units is discretionary and a one-time occurrence, does not constitute any portion of Grantee’s regular remuneration and is not intended to be taken into account in calculating service-related benefits, and bears no guarantee or implication that any additional grant will be made in the future. In consideration of the grant of the Stock Units, no claim or entitlement to compensation or damages shall arise from forfeiture of the Stock Units or diminution in value of the Stock Units or any of the Shares issuable under the Stock Units from termination of Grantee’s employment by the Company or his or her employer, as applicable (and for any reason whatsoever and whether or not in breach of contract or local labor laws), and Grantee irrevocably release his or her employer, the Company and its subsidiaries, as applicable, from any such claim that may arise; if, notwithstanding the foregoing, any such claim is found by a court of competent jurisdiction to have arisen, then, by signing this Agreement, Grantee shall be deemed to have irrevocably waived Xxxxxxx’s entitlement to pursue such claim.

Appears in 10 contracts

Samples: Stockholders Agreement (Sungard Capital Corp Ii), Stockholders Agreement (Sungard Capital Corp Ii), Stockholders Agreement (Sungard Capital Corp Ii)

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Nature of Grant; No Entitlement; No Claim for Compensation. GranteeOptionee, in accepting the Stock Unitsthis Option, represents and acknowledges that XxxxxxxOptionee’s participation in the Plan is voluntary; that participation in the Plan is discretionary and does not form any part of GranteeOptionee’s contract of employment, if any, with the Company or any of its subsidiaries; and that Grantee Optionee has not been induced to participate in the Plan by any expectation of employment or continued employment with the Company or any of its subsidiaries. Xxxxxxx Optionee furthermore understands and acknowledges that the grant of the Stock Units this Option is discretionary and a one-time occurrence, does not constitute any portion of GranteeOptionee’s regular remuneration and is not intended to be taken into account in calculating service-related benefits, and bears no guarantee or implication that any additional grant will be made in the future. In consideration of the grant of the Stock Unitsthis Option, no claim or entitlement to compensation or damages shall arise from forfeiture termination of the Stock Units Option or diminution in value of the Stock Units Option or any of the Shares issuable under purchased through exercise of the Stock Units Option resulting from termination of Granteethe Optionee’s employment by the Company or his or her employer, as applicable (and for any reason whatsoever and whether or not in breach of contract or local labor laws), and Grantee Optionee irrevocably release releases his or her employer, the Company and its subsidiaries, as applicable, from any such claim that may arise; if, notwithstanding the foregoing, any such claim is found by a court of competent jurisdiction to have arisen, then, by signing this Agreement, Grantee Optionee shall be deemed to have irrevocably waived Xxxxxxx’s his or her entitlement to pursue such claim.

Appears in 4 contracts

Samples: Agreement (Sungard Capital Corp Ii), Agreement (Sungard Capital Corp Ii), Stockholders Agreement (SunGard HTE Inc.)

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