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. 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 Any prior agreements, commitments or negotiations concerning this Award are superseded.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 (the “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, the 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 by the Board as administrator of the Plan. For purposes of this Award, a termination of employment only occurs upon an event that would be a Separation from Service within the meaning of Section 409A. Anti-dilution Adjustments Any numbers contained in this Award Agreement that refer to a specific amount of units or that reflect a “per-unit” calculation, except to the extent that such numbers are as of or prior to the date of this Award Agreement or are used as hypothetical examples, are subject to adjustment upon subdivisions, combinations, reclassifications, unit distributions or similar dilution events with respect to the outstanding units of the Partnership. The Grantee, desiring to become a member of QualityTech Employee Pool, LLC, hereby accepts all of the terms and conditions of, and becomes a party to, the Limited Liability Company Agreement of Quality Tech Employee Pool, LLC (the “LLC Agreement”). The Grantee agrees that this signature page may be attached to any counterpart of the LLC Agreement. Signature Line for Grantee: Name: Date: Address of Member: The Grantee hereby represents, warrants and covenants as follows:
Appears in 1 contract
Samples: Class O Unit Award Agreement (QTS Realty Trust, Inc.)
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 (the ( “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, the 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 by the Board as administrator of the Plan. For purposes of this Award, a termination of employment only occurs upon an event that would be a Separation from Service within the meaning of Section 409A. Anti-dilution Adjustments Any numbers contained in this Award Agreement that refer to a specific amount of units or that reflect a “per-unit” calculation, except to the extent that such numbers are as of or prior to the date of this Award Agreement or are used as hypothetical examples, are subject to adjustment upon subdivisions, combinations, reclassifications, unit distributions or similar dilution events with respect to the outstanding units of the Partnership. The Grantee, desiring to become a member of QualityTech Employee Pool, LLC, hereby accepts all of the terms and conditions of, and becomes a party to, the Limited Liability Company Agreement of Quality Tech Employee Pool, LLC (the “LLC Agreement”). The Grantee agrees that this signature page may be attached to any counterpart of the LLC Agreement. Signature Line for Grantee: Name: Date: Address of Member: The Grantee hereby represents, warrants and covenants as follows:determined
Appears in 1 contract
Samples: Class Rs Unit Award Agreement (QTS Realty Trust, Inc.)
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 (the “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, the 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 by the Board as administrator of the Plan. For purposes of this Award, a termination of employment only occurs upon an event that would be a Separation from Service within the meaning of Section 409A. Anti-dilution Adjustments Any numbers contained in this Award Agreement that refer to a specific amount of units or that reflect a “per-unit” calculation, except to the extent that such numbers are as of or prior to the date of this Award Agreement or are used as hypothetical examples, are subject to adjustment upon subdivisions, combinations, reclassifications, unit distributions or similar dilution events with respect to the outstanding units of the Partnership. The Grantee, desiring to become a member of QualityTech Employee Pool, LLC, hereby accepts all of the terms and conditions of, and becomes a party to, the Limited Liability Company Agreement of Quality Tech Employee Pool, LLC (as amended from time to time, the “LLC Agreement”). The Grantee agrees that this signature page may be attached to any counterpart of the LLC Agreement. Signature Line for Grantee: Name: Date: Address of Member: The Grantee hereby represents, warrants and covenants as follows:
Appears in 1 contract
Samples: Class O Unit Award Agreement (QTS Realty Trust, Inc.)
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. 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 (the ( “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, the 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 by the Board as administrator of the Plan. For purposes of this Award, a termination of employment only occurs upon an event that would be a Separation from Service within the meaning of Section 409A. Anti-dilution Adjustments Any numbers contained in this Award Agreement that refer to a specific amount of units or that reflect a “per-unit” calculation, except to the extent that such numbers are as of or prior to the date of this Award Agreement or are used as hypothetical examples, are subject to adjustment upon subdivisions, combinations, reclassifications, unit distributions or similar dilution events with respect to the outstanding units of the Partnership. The Grantee, desiring to become a member of QualityTech Employee Pool, LLC, hereby accepts all of the terms and conditions of, and becomes a party to, the Limited Liability Company Agreement of Quality Tech Employee Pool, LLC (the “LLC Agreement”). The Grantee agrees that this signature page may be attached to any counterpart of the LLC Agreement. Signature Line for Grantee: Name: Date: Address of Member: The Grantee hereby represents, warrants and covenants as follows:409A.
Appears in 1 contract
Samples: Class O Unit Award Agreement (QTS Realty Trust, Inc.)