Common use of Nature of PSUs Clause in Contracts

Nature of PSUs. In accepting the PSUs, the Participant acknowledges and agrees that: (a) the award of PSUs is voluntary and occasional and does not create any contractual or other right to receive future awards of PSUs, benefits in lieu of PSUs or other equity awards, even if PSUs have been awarded repeatedly in the past; (b) all decisions with respect to future equity awards, if any, shall be at the sole discretion of the Company; (c) the Participant’s participation in the Plan is voluntary; (d) the award of PSUs and the Shares subject to the PSUs, and the income and value of same, are an extraordinary item that (i) does not constitute compensation of any kind for services of any kind rendered to the Company or any Subsidiary, and (ii) is outside the scope of the Participant’s employment or service contract, if any; (e) the award of PSUs and the Shares subject to the PSUs, and the income and value of same, are not part of normal or expected compensation or salary for any purposes, including, but not limited to, calculating any severance, resignation, termination, redundancy, end of service payments, bonuses, long-service awards, pension or retirement or welfare benefits or similar payments and in no event should be considered as compensation for, or relating in any way to, past services for the Company or any Subsidiary; (f) unless otherwise expressly agreed with the Company, the PSUs and Shares subject to the PSUs, and the income and value of same, are not granted as consideration for, or in connection with, any service the Participant may provide as a director of any Subsidiary; (g) the award of PSUs and the Participant’s participation in the Plan shall not be interpreted to form an employment or service contract with the Company or any Subsidiary of the Company; (h) the future value of the underlying Shares is unknown and cannot be predicted with certainty; (i) the value of the Shares acquired upon vesting/settlement of the PSUs may increase or decrease in value; (j) in consideration of the award of PSUs, no claim or entitlement to compensation or damages shall arise from termination of the Award or from any diminution in value of the Award or Shares upon vesting of the Award resulting from termination of the Participant’s employment or continuous service by the Company or any Subsidiary (for any reason whatsoever and whether or not in breach of applicable labor laws of the jurisdiction where the Participant is employed or the terms of the Participant’s employment agreement, if any, and whether or not later found to be invalid) and in consideration of the grant of the Award, the Participant irrevocably releases the Company and any Subsidiary 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 the Agreement/electronically accepting the Agreement, the Participant shall be deemed irrevocably to have waived the Participant’s entitlement to pursue or seek remedy for any such claim; (k) the Company is not providing any tax, legal or financial advice, nor is the Company making any recommendations regarding the Participant’s participation in the Plan or the Participant’s acquisition or sale of the underlying Shares; and (l) the Participant is hereby advised to consult with the Participant’s own personal tax, legal and financial advisors regarding the Participant’s participation in the Plan before taking any action related to the Plan.

Appears in 4 contracts

Samples: Performance Stock Unit Agreement (Fortive Corp), Performance Stock Unit Agreement (Vontier Corp), Performance Stock Unit Agreement (Vontier Corp)

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Nature of PSUs. In accepting the PSUs, the Participant acknowledges and agrees that: (a) the Plan is established voluntarily by the Company, it is discretionary in nature and may be modified, amended, suspended or terminated by the Company at any time, to the extent permitted by the Plan; (b) the award of PSUs is exceptional, voluntary and occasional and does not create any contractual or other right to receive future awards of PSUs, PSUs or benefits in lieu of PSUs or other equity awardsPSUs, even if PSUs have been awarded repeatedly in the past; (bc) all decisions with respect to future equity awards, if any, shall be at the sole discretion of the Company; (cd) the Participant’s participation in the Plan is voluntary; (de) the award of PSUs and the Shares subject to the PSUs, and the income from and value of same, are an extraordinary item that (i) does not constitute compensation of any kind for services of any kind rendered to the Company or any Subsidiary, and (ii) is outside the scope of the Participant’s employment or service contract, if any; (ef) the award of PSUs and the Shares subject to the PSUs, and the income from and value of same, are not part of normal or expected compensation or salary for any purposes, including, but not limited to, calculating any severance, resignation, termination, redundancy, end of service payments, bonuses, holiday pay, long-service awards, pension or retirement or welfare benefits or similar payments and in no event should be considered as compensation for, or relating in any way to, past services for the Company or any Subsidiary; (fg) the award of PSUs and any Shares acquired under the Plan, and the income from and value of same, are not intended to replace or supplement any pension rights or compensation (h) unless otherwise expressly agreed with the Company, the PSUs and the Shares subject to the PSUs, and the income from and value of same, are not granted as consideration for, or in connection with, any service the Participant may provide as a director of any Subsidiary; (g) the award of PSUs and the Participant’s participation in the Plan shall not be interpreted to form an employment or service contract with the Company or any Subsidiary of the Company; (hi) the future value of the underlying Shares is unknown and cannot be predicted with certainty; (ij) the value of the Shares acquired upon vesting/settlement of the PSUs may increase or decrease in value; (jk) in consideration of the award of PSUs, no claim or entitlement to compensation or damages shall arise from termination of the Award PSUs or from any diminution in value of the Award PSUs or the Shares upon vesting of the Award PSUs resulting from termination of the Participant’s employment or continuous service by with the Company or any Subsidiary (for any reason whatsoever and whether or not in breach of applicable labor laws of the jurisdiction where the Participant is employed or the terms of the Participant’s employment agreement, if any), and whether or not later found to be invalid) and in consideration of the grant of the AwardPSUs, the Participant irrevocably releases agrees not to institute any claim against the Company and or any Subsidiary from any such claim that may ariseSubsidiary; if, notwithstanding the foregoing, any such claim is found by a court of competent jurisdiction to have arisen, then, by signing the this Agreement/electronically accepting the this Agreement, the Participant shall be deemed irrevocably to have irrevocably waived the Participant’s entitlement to pursue or seek remedy for any such claim; (k) the Company is not providing any tax, legal or financial advice, nor is the Company making any recommendations regarding the Participant’s participation in the Plan or the Participant’s acquisition or sale of the underlying Shares; and (l) neither the Company, the Employer nor any other Eligible Subsidiary shall be liable for any foreign exchange rate fluctuation between the Participant's local currency and the United States Dollar that may affect the value of the PSUs or of any amounts due to the Participant is hereby advised to consult with the Participant’s own personal tax, legal and financial advisors regarding the Participant’s participation in the Plan before taking any action related pursuant to the Plansettlement of the PSUs or the subsequent sale of any Shares acquired upon vesting.

Appears in 2 contracts

Samples: Performance Stock Unit Agreement (Danaher Corp /De/), Performance Stock Unit Agreement (Danaher Corp /De/)

Nature of PSUs. In accepting the PSUs, the Participant acknowledges and agrees that: (a) the award of PSUs is voluntary and occasional and does not create any contractual or other right to receive future awards of PSUs, benefits in lieu of PSUs or other equity awards, even if PSUs have been awarded repeatedly in the past; (b) all decisions with respect to future equity awards, if any, shall be at the sole discretion of the Company; (c) the Participant’s participation in the Plan is voluntary; (d) the award of PSUs and the Shares subject to the PSUs, and the income and value of same, are an extraordinary item that (i) does not constitute compensation of any kind for services of any kind rendered to the Company or any Subsidiary, and (ii) is outside the scope of the Participant’s employment or service contract, if any; (e) the award of PSUs and the Shares subject to the PSUs, and the income and value of same, are not part of normal or expected compensation or salary for any purposes, including, but not limited to, calculating any severance, resignation, termination, redundancy, end of service payments, bonuses, long-service awards, pension or retirement or welfare benefits or similar payments and in no event should be considered as compensation for, or relating in any way to, past services for the Company or any Subsidiary; (f) unless otherwise expressly agreed with the Company, the PSUs and Shares subject to the PSUs, and the income and value of same, are not granted as consideration for, or in connection with, any service the Participant may provide as a director of any Subsidiary; (g) the award of PSUs and the Participant’s participation in the Plan shall not be interpreted to form an employment or service contract with the Company or any Subsidiary of the Company; (h) the future value of the underlying Shares is unknown and cannot be predicted with certainty; (i) the value of the Shares acquired upon vesting/settlement of the PSUs may increase or decrease in value; (j) in consideration of the award of PSUs, no claim or entitlement to compensation or damages shall arise from termination of the Award or from any diminution in value of the Award or Shares upon vesting of the Award resulting from termination of the Participant’s employment or continuous service by the Company or any Subsidiary (for any reason whatsoever and whether or not in breach of applicable labor laws of the jurisdiction where the Participant is employed or the terms of the Participant’s employment agreement, if any, and whether or not later found to be invalid) and in consideration of the grant of the Award, the Participant irrevocably releases the Company and any Subsidiary 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 the Agreement/electronically accepting the Agreement, the Participant shall be deemed irrevocably to have waived the Participant’s entitlement to pursue or seek remedy for any such claim; (k) the Company is not providing any tax, legal or financial advice, nor is the Company making any recommendations regarding the Participant’s participation in the Plan or the Participant’s acquisition or sale of the underlying Shares; and (l) the Participant is hereby advised to consult with the Participant’s own personal tax, legal and financial advisors regarding the Participant’s participation in the Plan before taking any action related to the Plan.

Appears in 2 contracts

Samples: Performance Stock Unit Agreement (Danaher Corp /De/), Performance Stock Unit Agreement (Fortive Corp)

Nature of PSUs. In accepting the PSUs, the Participant acknowledges and agrees that: (a) the award of PSUs is voluntary and occasional and does not create any contractual or other right to receive future awards of PSUs, benefits in lieu of PSUs or other equity awards, even if PSUs have been awarded repeatedly in the past; (b) all decisions with respect to future equity awards, if any, shall be at the sole discretion of the Company; (c) the Participant’s participation in the Plan is voluntary; (d) the award of PSUs and the Shares subject to the PSUs, and the income and value of same, PSUs are an extraordinary item that (i) does not constitute compensation of any kind for services of any kind rendered to the Company or any Subsidiary, and (ii) is outside the scope of the Participant’s employment or service contract, if any; (e) the award of PSUs and the Shares subject to the PSUs, and the income and value of same, PSUs are not part of normal or expected compensation or salary for any purposes, including, but not limited to, calculating any severance, resignation, termination, redundancy, end of service payments, bonuses, long-service awards, pension or retirement or welfare benefits or similar payments and in no event should be considered as compensation for, or relating in any way to, past services for the Company or any Subsidiary; (f) unless otherwise expressly agreed with the Company, the PSUs and Shares subject to the PSUs, and the income and value of same, are not granted as consideration for, or in connection with, any service the Participant may provide as a director of any Subsidiary; (g) the award of PSUs and the Participant’s participation in the Plan shall not be interpreted to form an employment or service contract with the Company or any Subsidiary of the Company; (hg) the future value of the underlying Shares is unknown and cannot be predicted with certainty; (ih) the value of the Shares acquired upon vesting/settlement of the PSUs may increase or decrease in value; (ji) in consideration of the award of PSUs, no claim or entitlement to compensation or damages shall arise from termination of the Award or from any diminution in value of the Award or Shares upon vesting of the Award resulting from termination of the Participant’s employment or continuous service by the Company or any Subsidiary (for any reason whatsoever and whether or not in breach of applicable labor laws of the jurisdiction where the Participant is employed or the terms of the Participant’s employment agreement, if any, and whether or not later found to be invalid) and in consideration of the grant of the Award, the Participant irrevocably releases the Company and any Subsidiary 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 the Agreement/electronically accepting the Agreement, the Participant shall be deemed irrevocably to have waived the Participant’s entitlement to pursue or seek remedy for any such claim; (kj) the Company is not providing any tax, legal or financial advice, nor is the Company making any recommendations regarding the Participant’s participation in the Plan or the Participant’s acquisition or sale of the underlying Shares; and (lk) the Participant is hereby advised to consult with the Participant’s own personal tax, legal and financial advisors regarding the Participant’s participation in the Plan before taking any action related to the Plan.

Appears in 1 contract

Samples: Performance Stock Unit Agreement (Danaher Corp /De/)

Nature of PSUs. In accepting the PSUs, the Participant acknowledges and agrees that: (a) the Plan is established voluntarily by the Company, it is discretionary in nature and may be modified, amended, suspended or terminated by the Company at any time, to the extent permitted by the Plan; (b) the award of PSUs is exceptional, voluntary and occasional and does not create any contractual or other right to receive future awards of PSUs, PSUs or benefits in lieu of PSUs or other equity awardsPSUs, even if PSUs PSU have been awarded repeatedly in the past; (bc) all decisions with respect to future equity awards, if any, shall be at the sole discretion of the Company; (cd) the Participant’s participation in the Plan is voluntary; (de) the award of PSUs and the Shares subject to the PSUs, and the income from and value of same, are an extraordinary item that (i) does not constitute compensation of any kind for services of any kind rendered to the Company or any Subsidiary, and (ii) is outside the scope of the Participant’s employment or service contract, if any; (ef) the award of PSUs and the Shares subject to the PSUs, and the income from and value of same, are not part of normal or expected compensation or salary for any purposes, including, but not limited to, calculating any severance, resignation, termination, redundancy, end of service payments, bonuses, holiday pay, long-service awards, pension or retirement or welfare benefits or similar payments and in no event should be considered as compensation for, or relating in any way to, past services for the Company or any Subsidiary; (fg) the award of PSUs and any Shares acquired under the Plan, and the income from and value of same, are not intended to replace or supplement any pension rights or compensation; (h) unless otherwise expressly agreed with the Company, the PSUs and the Shares subject to the PSUs, and the income from and value of same, are not granted as consideration for, or in connection with, any service the Participant may provide as a director of any Subsidiary; (g) the award of PSUs and the Participant’s participation in the Plan shall not be interpreted to form an employment or service contract with the Company or any Subsidiary of the Company; (hi) the future value of the underlying Shares is unknown and cannot be predicted with certainty; (ij) the value of the Shares acquired upon vesting/settlement of the PSUs may increase or decrease in value; (jk) in consideration of the award of PSUs, no claim or entitlement to compensation or damages shall arise from termination of the Award PSUs or from any diminution in value of the Award PSUs or the Shares upon vesting of the Award PSUs resulting from termination of the Participant’s employment or continuous service by with the Company or any Subsidiary (for any reason whatsoever and whether or not in breach of applicable labor laws of the jurisdiction where the Participant is employed or the terms of the Participant’s employment agreement, if any), and whether or not later found to be invalid) and in consideration of the grant of the AwardPSUs, the Participant irrevocably releases agrees not to institute any claim against the Company and or any Subsidiary from any such claim that may ariseSubsidiary; if, notwithstanding the foregoing, any such claim is found by a court of competent jurisdiction to have arisen, then, by signing the this Agreement/electronically accepting the this Agreement, the Participant shall be deemed irrevocably to have irrevocably waived the Participant’s entitlement to pursue or seek remedy for any such claim; (k) the Company is not providing any tax, legal or financial advice, nor is the Company making any recommendations regarding the Participant’s participation in the Plan or the Participant’s acquisition or sale of the underlying Shares; and (l) neither the Participant is hereby advised to consult with Company, the Employer nor any other Eligible Subsidiary shall be liable for any foreign exchange rate fluctuation between the Participant’s own personal tax, legal local currency and financial advisors regarding the Participant’s participation in United States Dollar that may affect the Plan before taking value of the PSUs or of any action related amounts due to the PlanParticipant pursuant to the settlement of the PSUs or the subsequent sale of any Shares acquired upon vesting.

Appears in 1 contract

Samples: Performance Stock Unit Agreement (Veralto Corp)

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Nature of PSUs. In accepting the PSUs, the Participant acknowledges and agrees that: (a) the Plan is established voluntarily by the Company, it is discretionary in nature and may be modified, amended, suspended or terminated by the Company at any time, to the extent permitted by the Plan; (b) the award of PSUs is exceptional, voluntary and occasional and does not create any contractual or other right to receive future awards of PSUs, PSUs or benefits in lieu of PSUs or other equity awardsPSUs, even if PSUs have been awarded repeatedly in the past; (bc) all decisions with respect to future equity awards, if any, shall be at the sole discretion of the Company; (cd) the Participant’s participation in the Plan is voluntary; (de) the award of PSUs and the Shares subject to the PSUs, and the income from and value of same, are an extraordinary item that (i) does not constitute compensation of any kind for services of any kind rendered to the Company or any Subsidiary, and (ii) is outside the scope of the Participant’s employment or service contract, if any; (ef) the award of PSUs and the Shares subject to the PSUs, and the income from and value of same, are not part of normal or expected compensation or salary for any purposes, including, but not limited to, calculating any severance, resignation, termination, redundancy, end of service payments, bonuses, holiday pay, long-service awards, pension or retirement or welfare benefits or similar payments and in no event should be considered as compensation for, or relating in any way to, past services for the Company or any Subsidiary; (fg) the award of PSUs and any Shares acquired under the Plan, and the income from and value of same, are not intended to replace or supplement any pension rights or compensation; (h) unless otherwise expressly agreed with the Company, the PSUs and the Shares subject to the PSUs, and the income from and value of same, are not granted as consideration for, or in connection with, any service the Participant may provide as a director of any Subsidiary; (g) the award of PSUs and the Participant’s participation in the Plan shall not be interpreted to form an employment or service contract with the Company or any Subsidiary of the Company; (hi) the future value of the underlying Shares is unknown and cannot be predicted with certainty; (ij) the value of the Shares acquired upon vesting/settlement of the PSUs may increase or decrease in value; (jk) in consideration of the award of PSUs, no claim or entitlement to compensation or damages shall arise from termination of the Award PSUs or from any diminution in value of the Award PSUs or the Shares upon vesting of the Award PSUs resulting from termination of the Participant’s employment or continuous service by with the Company or any Subsidiary (for any reason whatsoever and whether or not in breach of applicable labor laws of the jurisdiction where the Participant is employed or the terms of the Participant’s employment agreement, if any), and whether or not later found to be invalid) and in consideration of the grant of the AwardPSUs, the Participant irrevocably releases agrees not to institute any claim against the Company and or any Subsidiary from any such claim that may ariseSubsidiary; if, notwithstanding the foregoing, any such claim is found by a court of competent jurisdiction to have arisen, then, by signing the this Agreement/electronically accepting the this Agreement, the Participant shall be deemed irrevocably to have irrevocably waived the Participant’s entitlement to pursue or seek remedy for any such claim; (k) the Company is not providing any tax, legal or financial advice, nor is the Company making any recommendations regarding the Participant’s participation in the Plan or the Participant’s acquisition or sale of the underlying Shares; and (l) neither the Company, the Employer nor any other Eligible Subsidiary shall be liable for any foreign exchange rate fluctuation between the Participant's local currency and the United States Dollar that may affect the value of the PSUs or of any amounts due to the Participant is hereby advised to consult with the Participant’s own personal tax, legal and financial advisors regarding the Participant’s participation in the Plan before taking any action related pursuant to the Plansettlement of the PSUs or the subsequent sale of any Shares acquired upon vesting.

Appears in 1 contract

Samples: Performance Stock Unit Agreement (Danaher Corp /De/)

Nature of PSUs. In accepting the PSUs, the Participant acknowledges and agrees that: (a) the Plan is established voluntarily by the Company, it is discretionary in nature and may be modified, amended, suspended or terminated by the Company at any time, to the extent permitted by the Plan; (b) the award of PSUs is voluntary and occasional and does not create any contractual or other right to receive future awards of PSUs, benefits in lieu of PSUs or other equity awards, even if PSUs have been awarded repeatedly in the past; (bc) all decisions with respect to future equity awards, if any, shall be at the sole discretion of the Company; (cd) the Participant’s participation in the Plan is voluntary; (de) the award of PSUs and the Shares subject to the PSUs, and the income and value of same, are an extraordinary item that (i) does not constitute compensation of any kind for services of any kind rendered to the Company or any Subsidiary, and (ii) is outside the scope of the Participant’s employment or service contract, if any; (ef) the award of PSUs and the Shares subject to the PSUs, and the income and value of same, are not part of normal or expected compensation or salary for any purposes, including, but not limited to, calculating any severance, resignation, termination, redundancy, end of service payments, bonuses, long-service awards, pension or retirement or welfare benefits or similar payments and in no event should be considered as compensation for, or relating in any way to, past services for the Company or any Subsidiary; (fg) the award of PSUs and any Shares acquired under the Plan, and the income and value of same, are not intended to replace or supplement any pension rights or compensation (h) unless otherwise expressly agreed with the Company, the PSUs and the Shares subject to the PSUs, and the income and value of same, are not granted as consideration for, or in connection with, any service the Participant may provide as a director of any Subsidiary; (g) the award of PSUs and the Participant’s participation in the Plan shall not be interpreted to form an employment or service contract with the Company or any Subsidiary of the Company; (hi) the future value of the underlying Shares is unknown and cannot be predicted with certainty; (ij) the value of the Shares acquired upon vesting/settlement of the PSUs may increase or decrease in value; (jk) in consideration of the award of PSUs, no claim or entitlement to compensation or damages shall arise from termination of the Award PSUs or from any diminution in value of the Award PSUs or the Shares upon vesting of the Award PSUs resulting from termination of the Participant’s employment or continuous service by with the Company or any Subsidiary (for any reason whatsoever and whether or not in breach of applicable labor laws of the jurisdiction where the Participant is employed or the terms of the Participant’s employment agreement, if any), and whether or not later found to be invalid) and in consideration of the grant of the AwardPSUs, the Participant irrevocably releases agrees not to institute any claim against the Company and or any Subsidiary from any such claim that may ariseSubsidiary; if, notwithstanding the foregoing, any such claim is found by a court of competent jurisdiction to have arisen, then, by signing the this Agreement/electronically accepting the this Agreement, the Participant shall be deemed irrevocably to irrevocable to have waived the Participant’s entitlement to pursue or seek remedy for any such claim; (k) the Company is not providing any tax, legal or financial advice, nor is the Company making any recommendations regarding the Participant’s participation in the Plan or the Participant’s acquisition or sale of the underlying Shares; and (l) neither the Company, the Employer nor any other Eligible Subsidiary shall be liable for any foreign exchange rate fluctuation between the Participant's local currency and the United States Dollar that may affect the value of the PSUs or of any amounts due to the Participant is hereby advised to consult with the Participant’s own personal tax, legal and financial advisors regarding the Participant’s participation in the Plan before taking any action related pursuant to the Plansettlement of the PSUs or the subsequent sale of any Shares acquired upon vesting.

Appears in 1 contract

Samples: Performance Stock Unit Agreement (Danaher Corp /De/)

Nature of PSUs. In accepting the PSUs, the Participant acknowledges and agrees that: (a) the Plan is established voluntarily by the Company, it is discretionary in nature and may be modified, amended, suspended or terminated by the Company at any time, to the extent permitted by the Plan; (b) the award of PSUs is voluntary and occasional and does not create any contractual or other right to receive future awards of PSUs, benefits in lieu of PSUs or other equity awards, even if PSUs have been awarded repeatedly in the past; (bc) all decisions with respect to future equity awards, if any, shall be at the sole discretion of the Company; (cd) the Participant’s participation in the Plan is voluntary; (de) the award of PSUs and the Shares subject to the PSUs, and the income and value of same, are an extraordinary item that (i) does not constitute compensation of any kind for services of any kind rendered to the Company or any Subsidiary, and (ii) is outside the scope of the Participant’s employment or service contract, if any; (ef) the award of PSUs and the Shares subject to the PSUs, and the income and value of same, are not part of normal or expected compensation or salary for any purposes, including, but not limited to, calculating any severance, resignation, termination, redundancy, end of service payments, bonuses, long-service awards, pension or retirement or welfare benefits or similar payments and in no event should be considered as compensation for, or relating in any way to, past services for the Company or any Subsidiary; (fg) the award of PSUs and any Shares acquired under the Plan, and the income and value of same, are not intended to replace or supplement any pension rights or compensation; (h) unless otherwise expressly agreed with the Company, the PSUs and the Shares subject to the PSUs, and the income and value of same, are not granted as consideration for, or in connection with, any service the Participant may provide as a director of any Subsidiary; (g) the award of PSUs and the Participant’s participation in the Plan shall not be interpreted to form an employment or service contract with the Company or any Subsidiary of the Company; (hi) the future value of the underlying Shares is unknown and cannot be predicted with certainty; (ij) the value of the Shares acquired upon vesting/settlement of the PSUs may increase or decrease in value; (jk) in consideration of the award of PSUs, no claim or entitlement to compensation or damages shall arise from termination of the Award PSUs or from any diminution in value of the Award PSUs or the Shares upon vesting of the Award PSUs resulting from termination of the Participant’s employment or continuous service by with the Company or any Subsidiary (for any reason whatsoever and whether or not in breach of applicable labor laws of the jurisdiction where the Participant is employed or the terms of the Participant’s employment agreement, if any), and whether or not later found to be invalid) and in consideration of the grant of the AwardPSUs, the Participant irrevocably releases agrees not to institute any claim against the Company and or any Subsidiary from any such claim that may ariseSubsidiary; if, notwithstanding the foregoing, any such claim is found by a court of competent jurisdiction to have arisen, then, by signing the this Agreement/electronically accepting the this Agreement, the Participant shall be deemed irrevocably to irrevocable to have waived the Participant’s entitlement to pursue or seek remedy for any such claim; (k) the Company is not providing any tax, legal or financial advice, nor is the Company making any recommendations regarding the Participant’s participation in the Plan or the Participant’s acquisition or sale of the underlying Shares; and (l) neither the Company, the Employer nor any other Eligible Subsidiary shall be liable for any foreign exchange rate fluctuation between the Participant's local currency and the United States Dollar that may affect the value of the PSUs or of any amounts due to the Participant is hereby advised to consult with the Participant’s own personal tax, legal and financial advisors regarding the Participant’s participation in the Plan before taking any action related pursuant to the Plansettlement of the PSUs or the subsequent sale of any Shares acquired upon vesting.

Appears in 1 contract

Samples: Performance Stock Unit Agreement (Envista Holdings Corp)

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