No Entitlement or Claims for Compensation. In connection with the acceptance of the grant of the PBA under this Agreement, the Grantee acknowledges the following: (a) The Plan is established voluntarily by the Company, the grant of performance based awards under the Plan is made at the discretion of the Committee and the Plan may be modified, amended, suspended or terminated by the Company at any time. (b) The grant of the PBA is voluntary and occasional and does not create any contractual or other right to receive future grants of performance based awards, or benefits in lieu of performance based awards, even if performance based awards have been granted repeatedly in the past. (c) All decisions with respect to future grants of performance based awards, if any, will be at the sole discretion of the Committee. (d) The Grantee is voluntarily participating in the Plan. (e) This grant of the PBA and any PBA Shares acquired under the Plan in connection with the PBA are extraordinary items that do not constitute compensation of any kind for services of any kind rendered to the Company or any Subsidiary and which are outside the scope of the Grantee’s employment contract, if any. (f) This grant of the PBA and any shares acquired under the Plan and their value are not to be considered part of the Grantee’s normal or expected compensation or salary for any purpose, including, but not limited to, calculating any severance, resignation, termination, payment in lieu of notice, redundancy, end of service payments, bonuses, long-service awards, pension or retirement benefits or similar payments. (g) This grant of the PBA and any PBA Shares acquired under the Plan in connection with the PBA are not intended to replace any pension rights or compensation. (h) The future value of PBA Shares is unknown and cannot be predicted with certainty. If the Grantee vests in the PBA and receives PBA Shares, the value of the acquired shares may increase or decrease. The Grantee acknowledges and agrees that neither the Company nor any Subsidiary shall be liable for any foreign exchange rate fluctuation between the Grantee’s local currency and the United States Dollar that may affect the value of the PBA or of any amounts received by the Grantee pursuant to the PBA or the subsequent sale of any PBA Shares acquired in connection with the PBA. (i) The Grantee shall have no rights, claim or entitlement to compensation or damages as a result of the Grantee’s termination of employment or service for any reason whatsoever, whether or not in breach of contract or local labor law, insofar as these rights, claim or entitlement arise or may arise from the Grantee’s ceasing to have rights under or be entitled to the PBA as a result of such termination or loss or diminution in value of the PBA or any of the PBA Shares received in connection with the PBA as a result of such termination, and the Grantee irrevocably releases the Company and its Subsidiaries, as applicable, from any such rights, entitlement or claim that may arise. If, notwithstanding the foregoing, any such right or claim is found by a court of competent jurisdiction to have arisen, then, by accepting this Agreement, the Grantee shall be deemed to have irrevocably waived the Grantee’s entitlement to pursue such rights or claim.
Appears in 5 contracts
Samples: Performance Based Award Agreement (Hexcel Corp /De/), Performance Based Award Agreement (Hexcel Corp /De/), Performance Based Award Agreement (Hexcel Corp /De/)
No Entitlement or Claims for Compensation. In connection with the acceptance of accepting the grant of the PBA under this AgreementOption, the Grantee Optionee acknowledges the following:
(a) The Plan is established voluntarily by the Company, the grant of performance based awards options under the Plan is made at the discretion of the Committee and the Plan may be modified, amended, suspended or terminated by the Company at any time.
(b) The grant of the PBA Option is voluntary and occasional and does not create any contractual or other right to receive future grants of performance based awardsoptions, or benefits in lieu of performance based awardsoptions, even if performance based awards options have been granted repeatedly in the past.
(c) All decisions with respect to future grants of performance based awardsoption grants, if any, will be at the sole discretion of the Committee.
(d) The Grantee Optionee is voluntarily participating in the Plan.
(e) This grant of the PBA Option and any PBA Shares shares of Common Stock acquired under the Plan in connection with the PBA Option are extraordinary items that do not constitute compensation of any kind for services of any kind rendered to the Company or any Subsidiary and which are outside the scope of the GranteeOptionee’s employment contract, if any.
(f) This grant of the PBA Option and any shares of Common Stock acquired under the Plan and their value are not to be considered part of the GranteeOptionee’s normal or expected compensation or salary for any purpose, including, but not limited to, calculating any severance, resignation, termination, payment in lieu of notice, redundancy, end of service payments, bonuses, long-service awards, pension or retirement benefits or similar payments.
(g) This grant of the PBA and any PBA Shares acquired under the Plan in connection with the PBA are not intended to replace any pension rights or compensation.
(h) The future value of PBA the Option Shares is unknown and cannot be predicted with certainty. If the Grantee vests Option Shares do not increase in value, the PBA Option will have no value. If the Optionee exercises the Option and receives PBA obtains Option Shares, the value of the acquired shares those Option Shares obtained upon exercise may increase or decreasedecrease in value, even below the purchase price. The Grantee Optionee acknowledges and agrees that neither the Company nor any Subsidiary shall be liable for any foreign exchange rate fluctuation between the GranteeOptionee’s local currency and the United States Dollar that may affect the value of the PBA Option or of any amounts received by due to the Grantee Optionee pursuant to the PBA exercise of the Option or the subsequent sale of any PBA Option Shares acquired in connection with the PBApurchased upon exercise.
(ih) The Grantee Optionee shall have no rights, claim or entitlement to compensation or damages as a result of the GranteeOptionee’s termination cessation of employment or service for any reason whatsoever, whether or not in breach of contract or local labor law, insofar as these rights, claim or entitlement arise or may arise from the Grantee’s Optionee ceasing to have rights under or be entitled to the PBA exercise this Option as a result of such termination cessation or loss or diminution in value of the PBA this Option or any of the PBA Option Shares received in connection with purchased through exercise of the PBA Option as a result of such terminationcessation, and the Grantee Optionee irrevocably releases release the Optionee’s employer, the Company and its Subsidiaries, as applicable, from any such rights, entitlement or claim that may arise. If, notwithstanding the foregoing, any such right or claim is found by a court of competent jurisdiction to have arisen, then, by accepting this Agreement, the Grantee Optionee shall be deemed to have irrevocably waived the Grantee’s his or her entitlement to pursue such rights or claim.
Appears in 4 contracts
Samples: Employee Option Agreement (Hexcel Corp /De/), Employee Option Agreement (Hexcel Corp /De/), Employee Option Agreement (Hexcel Corp /De/)
No Entitlement or Claims for Compensation. In connection with the acceptance of the grant of the PBA RSUs under this Agreement, the Grantee acknowledges the following:
(a) The Plan is established voluntarily by the Company, the grant of performance based awards restricted stock units under the Plan is made at the discretion of the Committee and the Plan may be modified, amended, suspended or terminated by the Company at any time.
(b) The grant of the PBA Restricted Units is voluntary and occasional and does not create any contractual or other right to receive future grants of performance based awardsrestricted stock units, or benefits in lieu of performance based awardsrestricted stock units, even if performance based awards restricted stock units have been granted repeatedly in the past.
(c) All decisions with respect to future grants of performance based awardsrestricted stock units, if any, will be at the sole discretion of the Committee.
(d) The Grantee is voluntarily participating in the Plan.
(e) This grant of the PBA Restricted Units and any PBA RSU Shares acquired under the Plan in connection with the PBA Restricted Units are extraordinary items that do not constitute compensation of any kind for services of any kind rendered to the Company or any Subsidiary and which are outside the scope of the Grantee’s employment contract, if any.
(f) This grant of the PBA Restricted Units and any shares acquired under the Plan and their value are not to be considered part of the Grantee’s normal or expected compensation or salary for any purpose, including, but not limited to, calculating any severance, resignation, termination, payment in lieu of notice, redundancy, end of service payments, bonuses, long-service awards, pension or retirement benefits or similar payments.
(g) This grant of the PBA Restricted Units and any PBA RSU Shares acquired under the Plan in connection with the PBA Restricted Units are not intended to replace any pension rights or compensation.
(h) The future value of PBA RSU Shares is unknown and cannot be predicted with certainty. If the Grantee vests in the PBA Restricted Units and receives PBA RSU Shares, the value of the acquired shares may increase or decrease. The Grantee acknowledges and agrees that neither the Company nor any Subsidiary shall be liable for any foreign exchange rate fluctuation between the Grantee’s local currency and the United States Dollar that may affect the value of the PBA Restricted Units or of any amounts received by the Grantee pursuant to the PBA Restricted Units or the subsequent sale of any PBA RSU Shares acquired in connection with the PBARestricted Units.
(i) The Grantee shall have no rights, claim or entitlement to compensation or damages as a result of the Grantee’s termination of employment or service for any reason whatsoever, whether or not in breach of contract or local labor law, insofar as these rights, claim or entitlement arise or may arise from the Grantee’s ceasing to have rights under or be entitled to the PBA Restricted Units as a result of such termination or loss or diminution in value of the PBA Restricted Units or any of the PBA RSU Shares received in connection with the PBA Restricted Units as a result of such termination, and the Grantee irrevocably releases the Company and its Subsidiaries, as applicable, from any such rights, entitlement or claim that may arise. If, notwithstanding the foregoing, any such right or claim is found by a court of competent jurisdiction to have arisen, then, by accepting this Agreement, the Grantee shall be deemed to have irrevocably waived the Grantee’s entitlement to pursue such rights or claim.
Appears in 3 contracts
Samples: Restricted Stock Unit Agreement (Hexcel Corp /De/), Restricted Stock Unit Agreement (Hexcel Corp /De/), Restricted Stock Unit Agreement (Hexcel Corp /De/)
No Entitlement or Claims for Compensation. In connection with the acceptance of accepting the grant of the PBA under this AgreementOption, the Grantee Optionee acknowledges the following:
(a) The Plan is established voluntarily by the Company, the grant of performance based awards options under the Plan is made at the discretion of the Committee Company and the Plan may be modified, amended, suspended or terminated by the Company at any time.
(b) The grant of the PBA this Option is voluntary and occasional and does not create any contractual or other right to receive future grants of performance based awardsoptions, or benefits in lieu of performance based awardsoptions, even if performance based awards options have been granted repeatedly in the past.
(c) All decisions with respect to future grants of performance based awardsoption grants, if any, will be at the sole discretion of the CommitteeCompany.
(d) The Grantee Optionee is voluntarily participating in the Plan.
(e) This grant of the PBA Option and any PBA Shares acquired under the Plan in connection with the PBA are extraordinary items that do not constitute compensation of any kind for services of any kind rendered to the Company or any Parent or Subsidiary (including, as applicable, Optionee’s employer) and which are outside the scope of the GranteeOptionee’s employment contract, if any.
(f) This grant of the PBA Option and any shares Shares acquired under the Plan and their value are not to be considered part of the GranteeOptionee’s normal or expected compensation or salary for any purpose, including, but not limited to, calculating any severance, resignation, termination, payment in lieu of notice, redundancy, dismissal, end of service payments, bonuses, long-service awards, pension or retirement or welfare benefits or similar payments.
(g) This grant of the PBA Option and any PBA Shares acquired under subject to the Plan in connection with the PBA Option are not intended to replace any pension rights or compensation.
(h) In the event that Optionee’s employer is not the Company, the grant of this Option will not be interpreted to form an employment contract or relationship with the Company and, furthermore, the grant of this Option will not be interpreted to form an employment contract with Optionee’s employer or any Parent or Subsidiary of the Company.
(i) The future value of PBA the underlying Shares is unknown and cannot be predicted with certainty. If the Grantee vests in the PBA and receives PBA Shares, the value of the acquired shares may increase or decrease. The Grantee acknowledges and agrees that neither the Company nor any Subsidiary shall be liable for any foreign exchange rate fluctuation between the Grantee’s local currency and the United States Dollar that may affect the value of the PBA or of any amounts received by the Grantee pursuant to the PBA or the subsequent sale of any PBA Shares acquired in connection with the PBA.
(ij) The Grantee Optionee shall have no rights, claim or entitlement to compensation or damages as a result of the GranteeOptionee’s termination of employment or service cessation as a Service Provider for any reason whatsoever, whether or not in breach of contract or local labor law, insofar as these rights, claim or entitlement arise or may arise from the Grantee’s Optionee ceasing to have rights under or be entitled to the PBA exercise this Option as a result of such termination cessation or loss or diminution in value of the PBA Option or any of the PBA Shares received in connection with purchased through exercise of the PBA Option as a result of such terminationcessation, and the Grantee Optionee irrevocably releases Optionee’s employer, the Company and its Parent and Subsidiaries, as applicable, from any such rights, entitlement or claim that may arise. If, notwithstanding the foregoing, any such right or claim is found by a court of competent jurisdiction to have arisen, then, by accepting signing this Option Agreement, the Grantee Optionee shall be deemed to have irrevocably waived the GranteeOptionee’s entitlement to pursue such rights or claim.
Appears in 2 contracts
Samples: Stock Option Agreement (Mavenir Systems Inc), Stock Option Agreement (Mavenir Systems Inc)
No Entitlement or Claims for Compensation. In connection with By accepting the acceptance grant, the Participant consents to participation in the Plan and acknowledges that he or she has received a copy of the Plan document. The Participant understands that the Company has unilaterally, gratuitously and in its sole discretion decided to grant of the PBA under this Agreement, the Grantee acknowledges the following:
(a) The Plan is established voluntarily by the Company, the grant of performance based awards Deferred Units under the Plan is made at the discretion of the Committee and the Plan to individuals who may be modified, amended, suspended employees throughout the world. The decision is limited and entered into based upon the express assumption and condition that any grant will not economically or terminated by the Company at any time.
(b) The grant of the PBA is voluntary and occasional and does not create any contractual or other right to receive future grants of performance based awards, or benefits in lieu of performance based awards, even if performance based awards have been granted repeatedly in the past.
(c) All decisions with respect to future grants of performance based awards, if any, will be at the sole discretion of the Committee.
(d) The Grantee is voluntarily participating in the Plan.
(e) This grant of the PBA and any PBA Shares acquired under the Plan in connection with the PBA are extraordinary items that do not constitute compensation of any kind for services of any kind rendered to otherwise bind the Company or any Subsidiary Affiliate, on an ongoing basis, other than as expressly set forth in this Award Agreement. Consequently, the Participant understands that the grant is given on the assumption and which are outside condition that the scope Deferred Units or underlying Blackstone Holdings Partnership Units acquired upon vesting shall not become part of any employment or other service contract (whether with the Grantee’s employment contract, if any.
(fCompany or any Affiliate) This grant of the PBA and any shares acquired under the Plan and their value are shall not to be considered part of the Grantee’s normal or expected compensation or a mandatory benefit, salary for any purposepurpose (including severance compensation) or any other right whatsoever. Furthermore, the Participant understands that this grant would not be made to the Participant but for the assumptions and conditions referred to above; thus, the Participant acknowledges and freely accepts that should any or all of the assumptions be mistaken or should any of the conditions not be met for any reason, then any grant of Deferred Units shall be null and void. Further, the vesting of the Deferred Units is expressly conditioned on the Participant’s continued and active rendering of service, such that if the Participant’s Employment terminates the Deferred Units cease vesting immediately effective on the date of the Participant’s termination of Employment, unless otherwise provided in this Award Agreement. This will be the case if the Participant’s Employment terminates for any reason including, but not limited to, calculating any severance, resignation, terminationdisciplinary dismissal adjudged to be with cause, payment in lieu of noticedisciplinary dismissal adjudged or recognized to be without cause (i.e., redundancysubject to a “despido improcedente”), end of service paymentsindividual or collective dismissal on objective grounds, bonuseswhether adjudged or recognized to be with or without cause, long-service awards, pension or retirement benefits or similar payments.
(g) This grant material modification of the PBA and any PBA Shares acquired terms of employment under the Plan in connection with the PBA are not intended to replace any pension rights or compensation.
(h) The future value of PBA Shares is unknown and cannot be predicted with certainty. If the Grantee vests in the PBA and receives PBA Shares, the value Article 41 of the acquired shares may increase or decrease. The Grantee acknowledges and agrees that neither the Company nor any Subsidiary shall be liable for any foreign exchange rate fluctuation between the Grantee’s local currency and the United States Dollar that may affect the value Workers’ Statute, relocation under Article 40 of the PBA or Workers’ Statute, and/or Article 50 of any amounts received the Workers’ Statute, unilateral withdrawal by the Grantee pursuant to the PBA or the subsequent sale of any PBA Shares acquired in connection with the PBA.
(i) The Grantee shall have no rights, claim or entitlement to compensation or damages as a result Employer and under Article 10.3 of the Grantee’s termination of employment or service for any reason whatsoever, whether or not in breach of contract or local labor law, insofar as these rights, claim or entitlement arise or may arise from the Grantee’s ceasing to have rights under or be entitled to the PBA as a result of such termination or loss or diminution in value of the PBA or any of the PBA Shares received in connection with the PBA as a result of such termination, and the Grantee irrevocably releases the Company and its Subsidiaries, as applicable, from any such rights, entitlement or claim that may arise. If, notwithstanding the foregoing, any such right or claim is found by a court of competent jurisdiction to have arisen, then, by accepting this Agreement, the Grantee shall be deemed to have irrevocably waived the Grantee’s entitlement to pursue such rights or claimRoyal Decree 1382/1985.
Appears in 2 contracts
Samples: Deferred Holdings Unit Agreement (Blackstone Group Inc), Deferred Holdings Unit Agreement (Blackstone Group Inc)
No Entitlement or Claims for Compensation. In connection with By accepting the acceptance grant, the Participant consents to participation in the Plan and acknowledges that he or she has received a copy of the Plan document. The Participant understands that the Company has unilaterally, gratuitously and in its sole discretion decided to grant of the PBA under this Agreement, the Grantee acknowledges the following:
(a) The Plan is established voluntarily by the Company, the grant of performance based awards Deferred Units under the Plan is made at the discretion of the Committee and the Plan to individuals who may be modified, amended, suspended employees throughout the world. The decision is limited and entered into based upon the express assumption and condition that any grant will not economically or terminated by the Company at any time.
(b) The grant of the PBA is voluntary and occasional and does not create any contractual or other right to receive future grants of performance based awards, or benefits in lieu of performance based awards, even if performance based awards have been granted repeatedly in the past.
(c) All decisions with respect to future grants of performance based awards, if any, will be at the sole discretion of the Committee.
(d) The Grantee is voluntarily participating in the Plan.
(e) This grant of the PBA and any PBA Shares acquired under the Plan in connection with the PBA are extraordinary items that do not constitute compensation of any kind for services of any kind rendered to otherwise bind the Company or any Subsidiary Affiliate, on an ongoing basis, other than as expressly set forth in this Award Agreement. Consequently, the Participant understands that the grant is given on the assumption and which are outside condition that the scope Deferred Units or underlying Common Shares acquired upon vesting shall not become part of any employment or other service contract (whether with the Grantee’s employment contract, if any.
(fCompany or any Affiliate) This grant of the PBA and any shares acquired under the Plan and their value are shall not to be considered part of the Grantee’s normal or expected compensation or a mandatory benefit, salary for any purposepurpose (including severance compensation) or any other right whatsoever. Furthermore, the Participant understands that this grant would not be made to the Participant but for the assumptions and conditions referred to above; thus, the Participant acknowledges and freely accepts that should any or all of the assumptions be mistaken or should any of the conditions not be met for any reason, then any grant of Deferred Units shall be null and void. Further, the vesting of the Deferred Units is expressly conditioned on the Participant’s continued and active rendering of service, such that if the Participant’s Employment terminates the Deferred Units cease vesting immediately effective on the date of the Participant’s termination of Employment, unless otherwise provided in this Award Agreement. This will be the case if the Participant’s Employment terminates for any reason including, but not limited to, calculating any severance, resignation, terminationdisciplinary dismissal adjudged to be with cause, payment in lieu of noticedisciplinary dismissal adjudged or recognized to be without cause (i.e., redundancysubject to a “despido improcedente”), end of service paymentsindividual or collective dismissal on objective grounds, bonuseswhether adjudged or recognized to be with or without cause, long-service awards, pension or retirement benefits or similar payments.
(g) This grant material modification of the PBA and any PBA Shares acquired terms of employment under the Plan in connection with the PBA are not intended to replace any pension rights or compensation.
(h) The future value of PBA Shares is unknown and cannot be predicted with certainty. If the Grantee vests in the PBA and receives PBA Shares, the value Article 41 of the acquired shares may increase or decrease. The Grantee acknowledges and agrees that neither the Company nor any Subsidiary shall be liable for any foreign exchange rate fluctuation between the Grantee’s local currency and the United States Dollar that may affect the value Workers’ Statute, relocation under Article 40 of the PBA or Workers’ Statute, and/or Article 50 of any amounts received the Workers’ Statute, unilateral withdrawal by the Grantee pursuant to the PBA or the subsequent sale of any PBA Shares acquired in connection with the PBA.
(i) The Grantee shall have no rights, claim or entitlement to compensation or damages as a result Employer and under Article 10.3 of the Grantee’s termination of employment or service for any reason whatsoever, whether or not in breach of contract or local labor law, insofar as these rights, claim or entitlement arise or may arise from the Grantee’s ceasing to have rights under or be entitled to the PBA as a result of such termination or loss or diminution in value of the PBA or any of the PBA Shares received in connection with the PBA as a result of such termination, and the Grantee irrevocably releases the Company and its Subsidiaries, as applicable, from any such rights, entitlement or claim that may arise. If, notwithstanding the foregoing, any such right or claim is found by a court of competent jurisdiction to have arisen, then, by accepting this Agreement, the Grantee shall be deemed to have irrevocably waived the Grantee’s entitlement to pursue such rights or claimRoyal Decree 1382/1985.
Appears in 2 contracts
Samples: Deferred Unit Agreement (Blackstone Group Inc), Deferred Unit Agreement (Blackstone Group Inc)
No Entitlement or Claims for Compensation. In connection with the acceptance of accepting the grant of the PBA under this AgreementOption, the Grantee acknowledges you acknowledge the following:
(a) : • The Plan is established voluntarily by the Company, the grant of performance based awards options under the Plan is made at the discretion of the Committee and the Plan may be modified, amended, suspended or terminated by the Company at any time.
(b) . • The grant of the PBA this Option is voluntary and occasional and does not create any contractual or other right to receive future grants of performance based awardsoptions, or benefits in lieu of performance based awardsoptions, even if performance based awards options have been granted repeatedly in the past.
(c) . • All decisions with respect to future grants of performance based awardsoption grants, if any, will be at the sole discretion of the Committee.
(d) The Grantee is . • You are voluntarily participating in the Plan.
(e) . • This grant of the PBA Option and any PBA Shares acquired under the Plan in connection with the PBA purchased upon exercise of this Option are extraordinary items that do not constitute compensation of any kind for services of any kind rendered to the Company or any Subsidiary (including, as applicable, your employer) and which are outside the scope of an employment agreement between you and the Grantee’s employment contract, if any.
(f) Company or one of its Subsidiaries to the extent applicable. • This grant of the PBA Option and any shares acquired under the Plan Shares purchased upon exercise of this Option and their value are not to be considered part of the Grantee’s your normal or expected compensation or salary for any purpose, including, but not limited to, calculating any severance, resignation, termination, payment in lieu of notice, redundancy, end of service payments, bonuses, long-service awards, pension or retirement benefits or similar payments.
(g) . • This grant Option and the Shares purchased upon exercise of the PBA and any PBA Shares acquired under the Plan in connection with the PBA this Option are not intended to replace any pension rights or compensation.
. • In the event that your employer is not the Company, the grant of this Option will not be interpreted to form an employment or service agreement with the Company and, furthermore, the grant of this Option will not be interpreted to form an employment or service agreement with your employer or any Subsidiary of the Company and shall not interfere with the ability of the Company, the employer or any Subsidiary of the Company, as applicable, to terminate your employment or service relationship (h) if any). • The future value of PBA the Shares underlying the Option is unknown and cannot be predicted with certainty. If the Grantee vests Shares underlying the Option do not increase in value, the PBA Option will have no value. If you exercise your Option and receives PBA Sharesobtain Shares subject to the Option, the value of the acquired shares those Shares obtained upon exercise may increase or decreasedecrease in value, even below the Exercise Price. The Grantee acknowledges • You acknowledge and agrees agree that neither none of the Company nor or any Subsidiary of its Subsidiaries shall be liable for any foreign exchange rate fluctuation between the Grantee’s your local currency and the United States Dollar that may affect the value of the PBA Option or of any amounts received by the Grantee due to you pursuant to the PBA exercise of the Option or the subsequent sale of any PBA Shares acquired in connection with the PBA.
(i) The Grantee purchased upon exercise. • You shall have no rights, claim or entitlement to compensation or damages as a result of the Grantee’s your termination of employment service as an employee of the Company or service any Subsidiary for any reason whatsoever, whether or not in breach of contract or local labor law, insofar as these rights, claim or entitlement arise or may arise from the Grantee’s your ceasing to have rights under or be entitled to the PBA exercise this Option as a result of such termination or loss or diminution in value of the PBA Option or any of the PBA Shares received in connection with purchased through exercise of the PBA Option as a result of such termination, and the Grantee you irrevocably releases release the Company and its Subsidiaries, as applicable, from any such rights, entitlement or claim that may arise. If, notwithstanding the foregoing, any such right or claim is found by a court of competent jurisdiction to have arisen, then, by accepting signing this Agreement, the Grantee you shall be deemed to have irrevocably waived the Grantee’s your entitlement to pursue such rights or claim. Data Privacy You hereby explicitly and unambiguously consent to the collection, use, disclosure and transfer, in electronic or other form, of your personal data as described in this Agreement by and among, as applicable, your employer, the Company and its Subsidiaries for the exclusive purpose of implementing, administering and managing your participation in the Plan. You understand that your employer, the Company and its Subsidiaries, as applicable, hold certain personal information about you regarding your employment, the nature and amount of your compensation and the fact and conditions of your participation in the Plan, including, but not limited to, your name, home address, telephone number and e-mail address, date of birth, social insurance number or other identification number, salary, nationality, job title, any equity or directorships held in the Company and its Subsidiaries, details of all options or any other entitlement to equity awarded, canceled, exercised, vested, unvested or outstanding in your favor, for the purpose of implementing, administering and managing the Plan (the “Data”). You understand that the Data may be transferred to the Company, its Subsidiaries and any third parties assisting in the implementation, administration and management of the Plan, that these recipients may be located in your country, or elsewhere, and that the recipient’s country may have different data privacy laws and protections than your country. You understand that you may request a list with the names and addresses of any potential recipients of the Data by contacting your human resources representative. You authorize the recipients to receive, possess, use, retain and transfer the Data, in electronic or other form, for the purposes of implementing, administering and managing your participation in the Plan, including any requisite transfer of such Data as may be required to a broker or other third party. You understand that the Data will be held only as long as is necessary to implement, administer and manage your participation in the Plan. You understand that you may, at any time, view the Data, request additional information about the storage and processing of the Data, require any necessary amendments to the Data or refuse or withdraw the consents herein, in any case without cost, by contacting in writing your human resources representative. You understand, however, that refusing or withdrawing your consent may affect your ability to participate in the Plan. For more information on the consequences of your refusal to consent or withdrawal of consent, you understand that you may contact your human resources representative.
Appears in 1 contract
Samples: Option Award Agreement (Prothena Corp Public LTD Co)
No Entitlement or Claims for Compensation. In connection with the acceptance of the grant of the PBA Restricted Stock Units under this Agreement, the Grantee acknowledges the following:
(a) The Plan is established voluntarily by the Company, the grant of performance based awards Restricted Stock Units under the Plan is made at the discretion of the Committee Administrator and the Plan may be modified, amended, suspended or terminated by the Company at any time.
(b) The Restricted Stock Units (and any similar awards the Company may in the future grant to the Grantee, even if such awards are made repeatedly or regularly, and regardless of their amount) and the PBA is voluntary shares of Stock acquired under the Plan (i) are wholly discretionary and occasional occasional, are not a term or condition of employment and does do not form part of a contract of employment, or any other working arrangement, between the Grantee and the Company or any Affiliate; (ii) do not create any contractual or other right entitlement to receive future grants of performance based awards, awards or benefits in lieu thereof and are not intended to replace any pension rights or compensation or any superannuation contributions or other statutory entitlement amounts, as applicable; and (iii) do not form part of performance based normal or expected salary or remuneration for purposes of determining pension payments, superannuation contributions or other statutory entitlement amounts (as applicable) or any other purposes, including without limitation termination indemnities, severance, resignation, payment in lieu of notice, redundancy, end of service payments, bonuses, long-term service awards, even pension or retirement benefits, superannuation contributions or other statutory entitlement amounts, welfare benefits or similar payments, if performance based awards have been granted repeatedly in applicable, except as otherwise required by the pastapplicable law of any governmental entity to whose jurisdiction the award is subject.
(c) All decisions with respect to future grants of performance based awardsequity grants, if any, will be at the sole discretion of the CommitteeAdministrator.
(d) The Grantee is voluntarily participating in the Plan.
(e) In the event that the Grantee is an employee and the Grantee’s employer is not the Company, the grant of the Restricted Stock Units and any similar awards the Company may grant in the future to the Grantee will not be interpreted to form an employment contract or relationship with the Company and, furthermore, the grant of the Restricted Stock Units and any similar awards the Company may grant in the future to the Grantee will not be interpreted to form an employment contract with the Grantee’s employer or any Affiliate.
(f) This grant of the PBA Restricted Stock Units and any PBA Shares Stock acquired under the Plan in connection with the PBA are extraordinary items that do not constitute compensation of any kind for services of any kind rendered to the Company or any Subsidiary and which are outside the scope of the Grantee’s employment contract, if any.
(f) This grant of the PBA and any shares acquired under the Plan and their value are not to be considered part of the Grantee’s normal or expected compensation or salary for any purpose, including, but not limited to, calculating any severance, resignation, termination, payment in lieu of notice, redundancy, end of service payments, bonuses, long-service awards, pension or retirement benefits or similar payments.
(g) This grant of the PBA and any PBA Shares acquired under the Plan in connection with the PBA Restricted Stock Units are not intended to replace any pension rights or compensationcompensation or any superannuation contributions or other statutory entitlement amounts, as applicable.
(hg) The future value of PBA Shares shares of Stock is unknown and cannot be predicted with certainty. If the Grantee vests in the PBA and receives PBA SharesRestricted Stock Units, the value of the acquired shares of Stock may increase or decrease. The Grantee acknowledges and agrees that neither the Company nor any Subsidiary Affiliate shall be liable for any foreign exchange rate fluctuation between the Grantee’s local currency and the United States Dollar that may affect the value of the PBA Restricted Stock Units or of any amounts received by the Grantee pursuant to the PBA Restricted Stock Units or the subsequent sale of any PBA Shares Stock acquired in connection with the PBARestricted Stock Units.
(ih) The Grantee shall have no rights, claim or entitlement to compensation or damages as a result of the Grantee’s termination of employment or service Employment for any reason whatsoever, whether or not in breach of contract or local labor law, insofar as these rights, claim or entitlement arise or may arise from the Grantee’s ceasing to have rights under or be entitled to the PBA Restricted Stock Units as a result of such termination or loss or diminution in value of the PBA Restricted Stock Units or any of the PBA Shares Stock received in connection with the PBA Restricted Stock Units as a result of such termination, and the Grantee irrevocably releases the Company and its SubsidiariesAffiliates, as applicable, from any such rights, entitlement or claim that may arise. If, notwithstanding the foregoing, any such right or claim is found by a court of competent jurisdiction to have arisen, then, by accepting signing this Agreement, the Grantee shall be deemed to have irrevocably waived the Grantee’s entitlement to pursue such rights or claim.
Appears in 1 contract
Samples: Restricted Stock Unit Agreement (Bright Horizons Family Solutions Inc.)
No Entitlement or Claims for Compensation. In connection with the acceptance of accepting the grant of the PBA under this Agreementoption, the Grantee Optionee acknowledges the following:
(a) The Plan is established voluntarily by the Company, the grant of performance based awards options under the Plan is made at the discretion of the Committee and the Plan may be modified, amended, suspended or terminated by the Company at any time.
(b) The grant of the PBA this option is voluntary and occasional and does not create any contractual or other right to receive future grants of performance based awardsoptions, or benefits in lieu of performance based awardsoptions, even if performance based awards options have been granted repeatedly in the past.
(c) All decisions with respect to future grants of performance based awardsoption grants, if any, will be at the sole discretion of the Committee.
(d) The Grantee Optionee is voluntarily participating in the Plan.
(e) This grant of the PBA and any PBA Shares acquired under the Plan in connection with the PBA are option is an extraordinary items item that do does not constitute compensation of any kind for services of any kind rendered to the Company or any Subsidiary Related Corporation (including, as applicable, Optionee’s employer) and which are is outside the scope of the GranteeOptionee’s employment contract, if any.
(f) This grant of the PBA and any shares acquired under the Plan and their value are option is not to be considered part of the GranteeOptionee’s normal or expected compensation or salary for any purpose, including, but not limited to, calculating any severance, resignation, termination, payment in lieu of notice, redundancy, end of service payments, bonuses, long-service awards, pension or retirement benefits or similar payments.
(g) This In the event that Optionee’s employer is not the Company, the grant of the PBA and any PBA Shares acquired under the Plan in connection this option will not be interpreted to form an employment contract or relationship with the PBA are Company and, furthermore, the grant of this option will not intended be interpreted to replace form an employment contract with Optionee’s employer or any pension rights or compensationRelated Corporation.
(h) The future value of PBA the underlying Option Shares is unknown and cannot be predicted with certainty. If the Grantee vests in the PBA and receives PBA Shares, the value of the acquired shares may increase or decrease. The Grantee acknowledges and agrees that neither the Company nor any Subsidiary shall be liable for any foreign exchange rate fluctuation between the Grantee’s local currency and the United States Dollar that may affect the value of the PBA or of any amounts received by the Grantee pursuant to the PBA or the subsequent sale of any PBA Shares acquired in connection with the PBA.
(i) The Grantee Optionee shall have no rights, claim or entitlement to compensation or damages as a result of the GranteeOptionee’s termination cessation of employment or service for any reason whatsoever, whether or not in breach of contract or local labor law, insofar as these rights, claim or entitlement arise or may arise from the GranteeOptionee’s ceasing to have rights under or be entitled to the PBA exercise this option as a result of such termination cessation or loss or diminution in value of the PBA option or any of the PBA Option Shares received in connection with purchased through exercise of the PBA option as a result of such terminationcessation, and the Grantee Optionee irrevocably releases his or her employer, the Company and its SubsidiariesRelated Corporations, as applicable, from any such rights, entitlement or claim that may arise. If, notwithstanding the foregoing, any such right or claim is found by a court of competent jurisdiction to have arisen, then, by accepting signing this Agreement, the Grantee Optionee shall be deemed to have irrevocably waived the Grantee’s his or her entitlement to pursue such rights or claim.
Appears in 1 contract
Samples: Restricted Stock Unit Issuance Agreement (PharmaNet Development Group Inc)
No Entitlement or Claims for Compensation. In connection with the acceptance of the grant of the PBA Restricted Stock under this Agreement, the Grantee acknowledges the following:
(a) The the Plan is established voluntarily by the Company, the grant of performance based awards the Restricted Stock Units under the Plan is made at the discretion of the Committee and the Plan may be modified, amended, suspended or terminated by the Company at any time.;
(b) The the grant of the PBA Restricted Stock Units under the Plan is voluntary and occasional and does not create any contractual or other right to receive future grants of performance based awardsRestricted Stock, or benefits in lieu of performance based awardsthem, even if performance based awards have Restricted Stock has been granted repeatedly in the past.;
(c) All all decisions with respect to future grants of performance based awardsRestricted Stock, if any, will be at the sole discretion of the Committee.;
(d) The the Grantee is voluntarily participating in the Plan.;
(e) This grant of the PBA Restricted Stock and any PBA Shares shares of common stock acquired under the Plan in connection with the PBA are extraordinary items that do not constitute compensation of any kind for services of any kind rendered to the Company or any Subsidiary and its Subsidiaries (including, as applicable, the Grantee’s employer) and which are outside the scope of the Grantee’s employment contract, if any.;
(f) This grant of the PBA Restricted Stock and any shares of common stock acquired under the Plan and their value are not to be considered part of the Grantee’s normal or expected compensation or salary for any purpose, including, but not limited to, calculating any severance, resignation, termination, payment in lieu of notice, redundancy, end of service payments, bonuses, long-service awards, pension or retirement or welfare benefits or similar payments.;
(g) This grant of the PBA and any PBA Shares acquired under the Plan in connection with the PBA are Restricted Stock is not intended to replace any pension rights or compensation.;
(h) The the grant of Restricted Stock and the Grantee’s participation in the Plan will not be interpreted to form an employment contract or relationship with the Company and its Subsidiaries;
(i) the future value of PBA Shares the underlying shares of common stock is unknown and cannot be predicted with certainty. If the Grantee vests in the PBA and receives PBA SharesRestricted Stock, the value of the acquired shares may increase or decrease. The Grantee acknowledges and agrees understands that neither the Company nor any Subsidiary shall be liable is not responsible for any foreign exchange rate fluctuation between the United States Dollar and the Grantee’s local currency and the United States Dollar that may affect the value of the PBA or shares of any amounts received by the Grantee pursuant to the PBA or the subsequent sale of any PBA Shares acquired in connection with the PBA.common stock; and
(ij) The the Grantee shall have no rights, claim or entitlement to compensation or damages as a result of the Grantee’s termination cessation of employment or service (for any reason whatsoever, whether or not in breach of contract or local labor lawlaw or the terms of the Grantee’s employment agreement, if any), insofar as these rights, claim or entitlement arise or may arise from the Grantee’s ceasing to have rights under or be entitled to receive shares of common stock under or ceasing to have the PBA opportunity to participate in the Plan as a result of such termination cessation or loss or diminution in value of the PBA or any shares of the PBA Shares received in connection with the PBA common stock acquired thereunder as a result of such terminationcessation, and the Grantee irrevocably releases the Company and its Subsidiaries, as applicable, Subsidiaries from any such rights, entitlement or claim that may arise. If, notwithstanding the foregoing, any such right or claim is found by a court of competent jurisdiction to have arisen, then, by accepting this Agreement, then the Grantee shall be deemed to have irrevocably waived the Grantee’s entitlement to pursue such rights or claim.
Appears in 1 contract
Samples: Restricted Stock Award Agreement (Meet Group, Inc.)
No Entitlement or Claims for Compensation. In connection with the acceptance of accepting the grant of the PBA under this Agreementoption, the Grantee Optionee acknowledges the following:
(ai) The Plan is established voluntarily by the CompanyCorporation, the grant of performance based awards options under the Plan is made at the discretion of the Committee Plan Administrator and the Plan may be modified, amended, suspended or terminated by the Company Corporation at any time.
(bii) The grant of the PBA this option is voluntary and occasional and does not create any contractual or other right to receive future grants of performance based awardsoptions, or benefits in lieu of performance based awardsoptions, even if performance based awards options have been granted repeatedly in the past.
(ciii) All decisions with respect to future grants of performance based awardsoption grants, if any, will be at the sole discretion of the CommitteePlan Administrator.
(div) The Grantee Optionee is voluntarily participating in the Plan.
(ev) This grant of the PBA and any PBA Shares acquired under the Plan in connection with the PBA are option is an extraordinary items item that do does not constitute compensation of any kind for services of any kind rendered to the Company Corporation or any Parent or Subsidiary (including, as applicable, Optionee’s employer) and which are is outside the scope of the GranteeOptionee’s employment contract, if any.
(fvi) This grant of the PBA and any shares acquired under the Plan and their value are option is not to be considered part of the GranteeOptionee’s normal or expected compensation or salary for any purpose, including, but not limited to, calculating any severance, resignation, termination, payment in lieu of notice, redundancy, end of service payments, bonuses, long-service awards, pension or retirement benefits or similar payments.
(gvii) This In the event that Optionee’s employer is not the Corporation, the grant of the PBA and any PBA Shares acquired under the Plan in connection this option will not be interpreted to form an employment contract or relationship with the PBA are Corporation and, furthermore, the grant of this option will not intended be interpreted to replace form an employment contract with Optionee’s employer or any pension rights Parent or compensationSubsidiary of the Corporation.
(hviii) The future value of PBA the underlying Option Shares is unknown and cannot be predicted with certainty. If the Grantee vests in the PBA and receives PBA Shares, the value of the acquired shares may increase or decrease. The Grantee acknowledges and agrees that neither the Company nor any Subsidiary shall be liable for any foreign exchange rate fluctuation between the Grantee’s local currency and the United States Dollar that may affect the value of the PBA or of any amounts received by the Grantee pursuant to the PBA or the subsequent sale of any PBA Shares acquired in connection with the PBA.
(iix) The Grantee Optionee shall have no rights, claim or entitlement to compensation or damages as a result of the GranteeOptionee’s termination cessation of employment or service for any reason whatsoever, whether or not in breach of contract or local labor law, insofar as these rights, claim or entitlement arise or may arise from the GranteeOptionee’s ceasing to have rights under or be entitled to the PBA exercise this option as a result of such termination cessation or loss or diminution in value of the PBA option or any of the PBA Option Shares received in connection with purchased through exercise of the PBA option as a result of such terminationcessation, and the Grantee Optionee irrevocably releases his or her employer, the Company Corporation and its Parent and Subsidiaries, as applicable, from any such rights, entitlement or claim that may arise. If, notwithstanding the foregoing, any such right or claim is found by a court of competent jurisdiction to have arisen, then, by accepting signing this Agreement, the Grantee Optionee shall be deemed to have irrevocably waived the Grantee’s his or her entitlement to pursue such rights or claim.
Appears in 1 contract
No Entitlement or Claims for Compensation. In connection with the acceptance of accepting the grant of the PBA under this AgreementOption, the Grantee Optionee acknowledges the following:
(a) The Plan is established voluntarily by the Company, the grant of performance based awards options under the Plan is made at the discretion of the Committee Company and the Plan may be modified, amended, suspended or terminated by the Company at any time.
(b) The grant of the PBA this Option is voluntary and occasional and does not create any contractual or other right to receive future grants of performance based awardsoptions, or benefits in lieu of performance based awardsoptions, even if performance based awards options have been granted repeatedly in the past.
(c) All decisions with respect to future grants of performance based awardsoption grants, if any, will be at the sole discretion of the CommitteeCompany.
(d) The Grantee Optionee is voluntarily participating in the Plan.
(e) This grant of the PBA Option and any PBA Shares acquired under the Plan in connection with the PBA are extraordinary items that do not constitute compensation of any kind for services of any kind rendered to the Company or any Parent or Subsidiary (including, as applicable, Optionee’s employer) and which are outside the scope of the GranteeOptionee’s employment contract, if any.
(f) This grant of the PBA Option and any shares Shares acquired under the Plan and their value are not to be considered part of the GranteeOptionee’s normal or expected compensation or salary for any purpose, including, but not limited to, calculating any severance, resignation, termination, payment in lieu of notice, redundancy, dismissal, end of service payments, bonuses, long-service awards, pension or retirement or welfare benefits or similar payments.
(g) This grant of the PBA Option and any PBA Shares acquired under subject to the Plan in connection with the PBA Option are not intended to replace any pension rights or compensation.
(h) In the event that Optionee’s employer is not the Company, the grant of this Option will not be interpreted to form an employment contract or relationship with the Company and, furthermore, the grant of this Option will not be interpreted to form an employment contract with Optionee’s employer or any Parent or Subsidiary of the Company.
(i) The future value of PBA the underlying Shares is unknown and cannot be predicted with certainty. If the Grantee vests in the PBA and receives PBA Shares, the value of the acquired shares may increase or decrease. The Grantee acknowledges and agrees that neither the Company nor any Subsidiary shall be liable for any foreign exchange rate fluctuation between the Grantee’s local currency and the United States Dollar that may affect the value of the PBA or of any amounts received by the Grantee pursuant to the PBA or the subsequent sale of any PBA Shares acquired in connection with the PBA.
(i) The Grantee shall have no rights, claim or entitlement to compensation or damages as a result of the Grantee’s termination of employment or service for any reason whatsoever, whether or not in breach of contract or local labor law, insofar as these rights, claim or entitlement arise or may arise from the Grantee’s ceasing to have rights under or be entitled to the PBA as a result of such termination or loss or diminution in value of the PBA or any of the PBA Shares received in connection with the PBA as a result of such termination, and the Grantee irrevocably releases the Company and its Subsidiaries, as applicable, from any such rights, entitlement or claim that may arise. If, notwithstanding the foregoing, any such right or claim is found by a court of competent jurisdiction to have arisen, then, by accepting this Agreement, the Grantee shall be deemed to have irrevocably waived the Grantee’s entitlement to pursue such rights or claim.
Appears in 1 contract
Samples: Stock Option Agreement
No Entitlement or Claims for Compensation. In connection with the acceptance of the grant of the PBA Award under this Agreement, the Grantee acknowledges you acknowledge the following:
(a) The the Plan is established voluntarily by the Company, the grant of performance based awards the Award under the Plan is made at the discretion of the Committee and the Plan may be modified, amended, suspended or terminated by the Company at any time.;
(b) The the grant of the PBA Award under the Plan is voluntary and occasional and does not create any contractual or other right to receive future grants of performance based equity awards, or benefits in lieu of performance based awardsthem, even if performance based equity awards have been granted repeatedly in the past.;
(c) All all decisions with respect to future grants of performance based awards, if any, will be at the sole discretion of the Committee.;
(d) The Grantee is you are voluntarily participating in the Plan and acknowledge you have received a copy of the Plan.;
(e) This grant of the PBA Award and any PBA Shares acquired amounts payable or property transferred under the Plan in connection with the PBA Award are extraordinary items that do not constitute compensation of any kind for services of any kind rendered to the Company or any Subsidiary and which are outside the scope of the Grantee’s your employment contract, if any.;
(f) This grant of the PBA Award and any shares acquired amounts payable under the Plan and their value Award are not to be considered part of the Grantee’s your normal or expected compensation or salary for any purpose, including, but not limited to, calculating any severance, resignation, termination, payment in lieu of notice, redundancy, end of service payments, bonuses, long-service awards, pension or retirement or welfare benefits or similar payments.;
(g) This grant of the PBA Award and any PBA Shares acquired amounts payable under the Plan in connection with the PBA Award are not intended to replace any pension rights or compensation.;
(h) The the grant of the Award and your participation in the Plan will not be interpreted to form an employment contract or relationship with the Company;
(i) the future value of PBA the underlying Shares is unknown and cannot be predicted with certainty. If the Grantee vests in the PBA and receives PBA Shares, the value of the acquired shares may increase or decrease. The Grantee acknowledges and agrees ;
(j) you understand that neither the Company nor any Subsidiary shall be liable is not responsible for any foreign exchange rate fluctuation between the Grantee’s local currency and the United States Dollar and your local currency that may affect the value of the PBA or of any amounts received by the Grantee pursuant to the PBA Award or the subsequent sale of any PBA Shares acquired in connection with the PBA.Shares;
(ik) The Grantee in consideration of the grant of the Award, you shall have no rights, claim or entitlement to compensation or damages from the forfeiture of the Award or payments under the Award or diminution in the value of the Award as a result of the Grantee’s termination your cessation of employment or service for any reason whatsoever, whatsoever (whether or not in breach of contract or local labor law, insofar as these rights, claim ) or entitlement arise notice to terminate employment having been given by either you or may arise from the Grantee’s ceasing to have rights under or be entitled to the PBA as a result of such termination or loss or diminution in value of the PBA or any of the PBA Shares received in connection with the PBA as a result of such terminationCompany, and the Grantee you irrevocably releases release the Company and its Subsidiaries, as applicable, from any such rights, entitlement or claim that may arise. If, notwithstanding the foregoing, any such right or claim is found by a court of competent jurisdiction to have arisen, then, by accepting this AgreementNotice of Grant, the Grantee you shall be deemed to have irrevocably waived the Grantee’s your entitlement to pursue such rights or claim;
(l) your termination will result in loss of any unvested rights; and
(m) it is your express wish that this Agreement, as well as any other documents relating to this Agreement, have been and shall be drawn up in the English language only.
Appears in 1 contract
Samples: Restricted Stock Unit Agreement (Sailpoint Technologies Holdings, Inc.)
No Entitlement or Claims for Compensation. In connection with the acceptance of the grant of the PBA Stock Option under this Agreement, the Grantee Optionee acknowledges the following:
(a) The Plan is established voluntarily by the Company, the grant of performance based awards stock options under the Plan is made at the discretion of the Committee Administrator and the Plan may be modified, amended, suspended or terminated by the Company at any time.
(b) The grant of the PBA this Stock Option is voluntary and occasional and does not create any contractual or other right to receive future grants of performance based awardsstock options, or benefits in lieu of performance based awardsstock options, even if performance based awards stock options have been granted awarded repeatedly in the past.
(c) All decisions with respect to future grants of performance based awardsstock option grants, if any, will be at the sole discretion of the CommitteeAdministrator.
(d) The Grantee Optionee is voluntarily participating in the Plan.
(e) This grant of the PBA Stock Option and any PBA Shares acquired under the Plan in connection with the PBA Stock Option are extraordinary items that do not constitute compensation of any kind for services of any kind rendered to the Company or any Subsidiary Affiliate and which are outside the scope of the GranteeOptionee’s employment contract, if any.
(f) This grant of the PBA Stock Option and any shares Shares acquired under the Plan and their value are not to be considered part of the GranteeOptionee’s normal or expected compensation or salary for any purpose, including, but not limited to, calculating any severance, resignation, termination, payment in lieu of notice, redundancy, end of service payments, bonuses, long-service awards, pension or retirement benefits benefits, superannuation contributions or other statutory entitlement amounts, or similar payments.
(g) This grant of the PBA Stock Option and any PBA Shares acquired under the Plan in connection with the PBA Stock Option are not intended to replace any pension rights or compensationcompensation or any superannuation contributions or other statutory entitlement amounts, as applicable.
(h) The future value of PBA the underlying Shares is unknown and cannot be predicted with certainty. If the Grantee vests Shares do not increase in value, the PBA and receives PBA SharesStock Option will have no value. If the Optionee exercises the Stock Option, the value of the acquired shares Shares may increase or decrease, even below the exercise price. The Grantee Optionee acknowledges and agrees that neither the Company nor any Subsidiary Affiliate shall be liable for any foreign exchange rate fluctuation between the GranteeOptionee’s local currency and the United States Dollar that may affect the value of the PBA Stock Option or of any amounts Shares received by upon exercise of the Grantee pursuant to the PBA Stock Option or the subsequent sale of any PBA Shares acquired in connection with the PBAStock Option.
(i) The Grantee Optionee shall have no rights, claim or entitlement to compensation or damages as a result of the GranteeOptionee’s termination of employment or service Employment for any reason whatsoever, whether or not in breach of contract or local labor law, insofar as these rights, claim or entitlement arise or may arise from the GranteeOptionee’s ceasing to have rights under or be entitled to exercise the PBA Stock Option as a result of such termination or loss or diminution in value of the PBA Stock Option or any of the PBA Shares received in connection with the PBA exercise Stock Option as a result of such termination, and the Grantee Optionee irrevocably releases the Company and its SubsidiariesAffiliates, as applicable, from any such rights, entitlement or claim that may arise. If, notwithstanding the foregoing, any such right or claim is found by a court of competent jurisdiction to have arisen, then, by accepting signing this Agreement, the Grantee Optionee shall be deemed to have irrevocably waived the GranteeOptionee’s entitlement to pursue such rights or claim.
Appears in 1 contract
Samples: Non Statutory Stock Option Agreement (Bright Horizons Family Solutions Inc.)
No Entitlement or Claims for Compensation. In connection with the acceptance of the grant of the PBA Performance Units under this Agreement, the Grantee acknowledges the following:
(a) The Plan is established voluntarily by the Company, the grant of performance based awards Performance Units under the Plan is made at the discretion of the Committee Administrator and the Plan may be modified, amended, suspended or terminated by the Company at any time.
(b) The Performance Units (and any similar awards the Company may in the future grant to the Grantee, even if such awards are made repeatedly or regularly, and regardless of their amount) and the PBA is voluntary shares of Stock acquired under the Plan (i) are wholly discretionary and occasional occasional, are not a term or condition of employment and does do not form part of a contract of employment, or any other working arrangement, between the Grantee and the Company or any Affiliate; (ii) do not create any contractual or other right entitlement to receive future grants of performance based awards, awards or benefits in lieu thereof and are not intended to replace any pension rights or compensation or any superannuation contributions or other statutory entitlement amounts, as applicable; and (iii) do not form part of performance based normal or expected salary or remuneration for purposes of determining pension payments, superannuation contributions or other statutory entitlement amounts (as applicable) or any other purposes, including without limitation termination indemnities, severance, resignation, payment in lieu of notice, redundancy, end of service payments, bonuses, long-term service awards, even pension or retirement benefits, superannuation contributions or other statutory entitlement amounts, welfare benefits or similar payments, if performance based awards have been granted repeatedly in applicable, except as otherwise required by the pastapplicable law of any governmental entity to whose jurisdiction the award is subject.
(c) All decisions with respect to future grants of performance based awardsequity grants, if any, will be at the sole discretion of the CommitteeAdministrator.
(d) The Grantee is voluntarily participating in the Plan.
(e) In the event that the Grantee is an employee and the Grantee’s employer is not the Company, the grant of the Performance Units and any similar awards the Company may grant in the future to the Grantee will not be interpreted to form an employment contract or relationship with the Company and, furthermore, the grant of the Performance Units and any similar awards the Company may grant in the future to the Grantee will not be interpreted to form an employment contract with the Grantee’s employer or any Affiliate.
(f) This grant of the PBA Performance Units and any PBA Shares Stock acquired under the Plan in connection with the PBA are extraordinary items that do not constitute compensation of any kind for services of any kind rendered to the Company or any Subsidiary and which are outside the scope of the Grantee’s employment contract, if any.
(f) This grant of the PBA and any shares acquired under the Plan and their value are not to be considered part of the Grantee’s normal or expected compensation or salary for any purpose, including, but not limited to, calculating any severance, resignation, termination, payment in lieu of notice, redundancy, end of service payments, bonuses, long-service awards, pension or retirement benefits or similar payments.
(g) This grant of the PBA and any PBA Shares acquired under the Plan in connection with the PBA Performance Units are not intended to replace any pension rights or compensationcompensation or any superannuation contributions or other statutory entitlement amounts, as applicable.
(hg) The future value of PBA Shares shares of Stock is unknown and cannot be predicted with certainty. If the Grantee vests in the PBA and receives PBA SharesPerformance Units, the value of the acquired shares of Stock may increase or decrease. The Grantee acknowledges and agrees that neither the Company nor any Subsidiary Affiliate shall be liable for any foreign exchange rate fluctuation between the Grantee’s local currency and the United States Dollar that may affect the value of the PBA Performance Units or of any amounts received by the Grantee pursuant to the PBA Performance Units or the subsequent sale of any PBA Shares Stock acquired in connection with the PBAPerformance Units.
(ih) The Grantee shall have no rights, claim or entitlement to compensation or damages as a result of the Grantee’s termination of employment or service Employment for any reason whatsoever, whether or not in breach of contract or local labor law, insofar as these rights, claim or entitlement arise or may arise from the Grantee’s ceasing to have rights under or be entitled to the PBA Performance Units as a result of such termination or loss or diminution in value of the PBA Performance Units or any of the PBA Shares Stock received in connection with the PBA Performance Units as a result of such termination, and the Grantee irrevocably releases the Company and its SubsidiariesAffiliates, as applicable, from any such rights, entitlement or claim that may arise. If, notwithstanding the foregoing, any such right or claim is found by a court of competent jurisdiction to have arisen, then, by accepting signing this Agreement, the Grantee shall be deemed to have irrevocably waived the Grantee’s entitlement to pursue such rights or claim.
Appears in 1 contract
Samples: Performance Stock Unit Agreement (Bright Horizons Family Solutions Inc.)
No Entitlement or Claims for Compensation. In connection with By accepting the acceptance grant, the Participant consents to participation in the Plan and acknowledges that he or she has received a copy of the Plan document. The Participant understands that the Partnership has unilaterally, gratuitously and in its sole discretion decided to grant of the PBA under this Agreement, the Grantee acknowledges the following:
(a) The Plan is established voluntarily by the Company, the grant of performance based awards Deferred Units under the Plan is made at the discretion of the Committee and the Plan to individuals who may be modifiedemployees throughout the world. The decision is limited and entered into based upon the express assumption and condition that any grant will not economically or otherwise bind the Partnership or any Affiliate, amendedon an ongoing basis, suspended other than as expressly set forth in this Award Agreement. Consequently, the Participant understands that the grant is given on the assumption and condition that the Deferred Units or terminated by the Company at underlying Blackstone Holdings Partnership Units acquired upon vesting shall not become part of any time.
(b) The grant of the PBA is voluntary and occasional and does not create any contractual employment or other right to receive future grants of performance based awards, or benefits in lieu of performance based awards, even if performance based awards have been granted repeatedly in the past.
service contract (c) All decisions with respect to future grants of performance based awards, if any, will be at the sole discretion of the Committee.
(d) The Grantee is voluntarily participating in the Plan.
(e) This grant of the PBA and any PBA Shares acquired under the Plan in connection whether with the PBA are extraordinary items that do not constitute compensation of any kind for services of any kind rendered to the Company Partnership or any Subsidiary Affiliate) and which are outside the scope of the Grantee’s employment contract, if any.
(f) This grant of the PBA and any shares acquired under the Plan and their value are shall not to be considered part of the Grantee’s normal or expected compensation or a mandatory benefit, salary for any purposepurpose (including severance compensation) or any other right whatsoever. Furthermore, the Participant understands that this grant would not be made to the Participant but for the assumptions and conditions referred to above; thus, the Participant acknowledges and freely accepts that should any or all of the assumptions be mistaken or should any of the conditions not be met for any reason, then any grant of Deferred Units shall be null and void. Further, the vesting of the Deferred Units is expressly conditioned on the Participant’s continued and active rendering of service, such that if the Participant’s Employment terminates the Deferred Units cease vesting immediately effective on the date of the Participant’s termination of Employment, unless otherwise provided in this Award Agreement. This will be the case if the Participant’s Employment terminates for any reason including, but not limited to, calculating any severance, resignation, terminationdisciplinary dismissal adjudged to be with cause, payment in lieu of noticedisciplinary dismissal adjudged or recognized to be without cause (i.e., redundancysubject to a “despido improcedente”), end of service paymentsindividual or collective dismissal on objective grounds, bonuseswhether adjudged or recognized to be with or without cause, long-service awards, pension or retirement benefits or similar payments.
(g) This grant material modification of the PBA and any PBA Shares acquired terms of employment under the Plan in connection with the PBA are not intended to replace any pension rights or compensation.
(h) The future value of PBA Shares is unknown and cannot be predicted with certainty. If the Grantee vests in the PBA and receives PBA Shares, the value Article 41 of the acquired shares may increase or decrease. The Grantee acknowledges and agrees that neither the Company nor any Subsidiary shall be liable for any foreign exchange rate fluctuation between the Grantee’s local currency and the United States Dollar that may affect the value Workers’ Statute, relocation under Article 40 of the PBA or Workers’ Statute, and/or Article 50 of any amounts received the Workers’ Statute, unilateral withdrawal by the Grantee pursuant to the PBA or the subsequent sale of any PBA Shares acquired in connection with the PBA.
(i) The Grantee shall have no rights, claim or entitlement to compensation or damages as a result Employer and under Article 10.3 of the Grantee’s termination of employment or service for any reason whatsoever, whether or not in breach of contract or local labor law, insofar as these rights, claim or entitlement arise or may arise from the Grantee’s ceasing to have rights under or be entitled to the PBA as a result of such termination or loss or diminution in value of the PBA or any of the PBA Shares received in connection with the PBA as a result of such termination, and the Grantee irrevocably releases the Company and its Subsidiaries, as applicable, from any such rights, entitlement or claim that may arise. If, notwithstanding the foregoing, any such right or claim is found by a court of competent jurisdiction to have arisen, then, by accepting this Agreement, the Grantee shall be deemed to have irrevocably waived the Grantee’s entitlement to pursue such rights or claimRoyal Decree 1382/1985.
Appears in 1 contract
Samples: Deferred Holdings Unit Agreement (Blackstone Group L.P.)