No Retention. Rights Neither your Award nor this Agreement gives you the right to be employed or retained by the Company or a subsidiary of the Company in any capacity. The Company and its subsidiaries reserve the right to terminate your Service at any time, with or without cause. Adjustments In the event of a stock split, a stock dividend or a similar change in Company Shares, or an extraordinary dividend, or a merger or a reorganization of the Company, the forfeiture provisions described above will apply to all new, substitute or additional securities or other assets to which you are entitled by reason of your ownership of the Shares. Successors and Assigns Except as otherwise provided in the Plan or this Agreement, every term of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legatees, legal representatives, successors, transferees and assigns. Notice Any notice required or permitted under this Agreement shall be given in writing and shall be deemed effectively given upon the earliest of personal delivery, receipt or the third full day following mailing with postage and fees prepaid, addressed to the other party hereto at the address last known in the Company’s records or at such other address as such party may designate by ten (10) days’ advance written notice to the other party hereto. Applicable Law This Agreement will be interpreted and enforced under the laws of the State of California (without regard to their choice-of-law provisions). Miscellaneous You understand and acknowledge that (i) the Plan is entirely discretionary, (ii) the Company and your employer have reserved the right to amend, suspend or terminate the Plan at any time, (iii) the grant of your Award does not in any way create any contractual or other right to receive additional grants of awards (or benefits in lieu of awards) at any time or in any amount and (iv) all determinations VIOLIN MEMORY, INC. RESTRICTED STOCK AGREEMENT with respect to any additional grants, including (without limitation) the times when awards will be granted, the number of shares offered, the purchase price and the vesting schedule, will be at the sole discretion of the Company. The value of this Award shall be an extraordinary item of compensation outside the scope of your employment contract, if any, and shall not be considered a part of your normal or expected compensation for purposes of calculating severance, resignation, redundancy or end-of-service pay...
No Retention. Rights Neither your Award nor this Agreement gives you the right to be employed or retained by the Company or a subsidiary of the Company in any capacity. The Company and its subsidiaries reserve the right to terminate your Service at any time, with or without cause.
No Retention. Rights Neither this Award nor this Agreement gives you the right to be employed or retained by the Company or any Subsidiary or Affiliate of the Company in any capacity. The Company and its Subsidiaries and Affiliates reserve the right to terminate your Service at any time, with or without cause. Adjustments The number of Restricted Shares covered by this Award will be subject to adjustment in the event of a stock split, a stock dividend or a similar change in Shares, and in other circumstances, as set forth in the Plan. The forfeiture provisions and restrictions described above will apply to all new, substitute or additional restricted shares or securities to which you are entitled by reason of this Award.
No Retention. Rights Neither this Award nor this Agreement gives you the right to be employed or retained by the Company or any Subsidiary or Affiliate of the Company in any capacity. The Company and its Subsidiaries and Affiliates reserve the right to terminate your Service at any time, with or without cause. Adjustments The number of RSUs covered by this Award will be subject to adjustment in the event of a stock split, a stock dividend or a similar change in Shares, and in other circumstances, as set forth in the Plan. The forfeiture provisions and restrictions described above will apply to all new, substitute or additional restricted stock units or securities to which you are entitled by reason of this Award. Successors and Assigns Except as otherwise provided in the Plan or this Agreement, every term of this Agreement will be binding upon and inure to the benefit of the parties hereto and their respective heirs, legatees, legal representatives, successors, transferees and assigns. Notice Any notice required or permitted under this Agreement will be given in writing and will be deemed effectively given upon the earliest of personal delivery, receipt or the third (3rd) full day following mailing with postage and fees prepaid, addressed to the other party hereto at the address last known in the Company’s records or at such other address as such party may designate by ten (10) days’ advance written notice to the other party hereto.
No Retention. Upon termination of a Contract where Provider no longer needs to retain Protected Purchasing Entity Information in order to perform its duties under a Contract, within ninety (90) days, Provider will promptly return, destroy, or erase all originals and copies of such Protected Purchasing Entity Information.
No Retention. Rights None of the Notice of Restricted Stock Award, this Agreement, or your award gives you the right to be retained by the Company or a parent, subsidiary or affiliate of the Company in any capacity. The Company and any parent, subsidiary or affiliate of the Company reserve the right to terminate your Service at any time, with or without cause.
No Retention. Provider will not gather, store, log, archive, use or otherwise retain any Protected Purchasing Entity Information for any period longer than necessary for Provider to fulfill its obligations under a Contract. As soon as Provider no longer needs to retain Protected Purchasing Entity Information in order to perform its duties under a Contract, Provider will promptly return, destroy, or erase all originals and copies of such Protected Purchasing Entity Information in accordance with Section 6 below.
No Retention. Rights This Agreement and the grant evidenced hereby do not give you the right to be retained by the Partnership or an Affiliate in any capacity. Unless otherwise specified in an employment or other written agreement between the Partnership or an Affiliate, as applicable, and you, the Partnership or an Affiliate, as applicable, reserves the right to terminate your Service at any time and for any reason. Applicable Law This Agreement will be interpreted and enforced under the laws of the State of Delaware other than any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of this Agreement to the substantive law of another jurisdiction. Transferability The LTIP Units and Plan Class A Units may not be transferred or assigned except with the consent of the Board. The Plan The text of the Plan is incorporated in this Agreement by reference. Certain capitalized terms used in this Agreement are defined in the Plan, and have the meaning set forth in the Plan. This Agreement, the LLC Agreement and the Plan constitute the entire understanding between you and Employee Pool regarding this Award. Any prior agreements, commitments or negotiations concerning this Award are superseded. Data Privacy In order to administer the Plan, the Partnership, its General Partner ( “General Partner”) and Employee Pool may process personal data about you. Such data includes, but is not limited to, information provided in this Agreement and any changes thereto, other appropriate personal and financial data about you such as your contact information, payroll information and any other information that might be deemed appropriate by the Partnership, General Partner and Employee Pool to facilitate the administration of the Plan. By accepting this Award, you give explicit consent to the Partnership, the General Partner and Employee Pool to process any such personal data. Code Section 409A It is intended that this Award comply with Section 409A of the Code (“Section 409A”) or an exemption to Section 409A. To the extent that the Board and/or Employee Pool determines that you would be subject to the additional 20% tax imposed on certain non-qualified deferred compensation plans pursuant to Section 409A as a result of any provision of this Agreement, such provision shall be deemed amended to the minimum extent necessary to avoid application of such additional tax. The nature of any such amendment shall be determined
No Retention. Rights This Agreement is not an employment agreement. Neither the Plan nor this Agreement shall give (or be deemed to give) you the right to remain an Employee, Director or Consultant of or otherwise in the Service of the Company or any of its Subsidiaries or other Affiliates or affect the right of the Company or any of its Subsidiaries or other Affiliates to terminate a Participant’s Service to the Company or any of its Subsidiaries or other Affiliates at any time for any reason.
No Retention. The Company shall have no retention under this Agreement, and the Retrocessionaire's coverage hereunder shall attach at the first dollar of Reinsurance Loss incurred by the Company.
