No Right to Employment. The grant of the Option shall not be construed as giving Optionee the right to be retained in the employ of, or if Optionee is a director of the Company or an Affiliate as giving the Optionee the right to continue as a director of, the Company or an Affiliate, nor will it affect in any way the right of the Company or an Affiliate to terminate such employment or position at any time, with or without cause. In addition, the Company or an Affiliate may at any time dismiss Optionee from employment, or terminate the term of a director of the Company or an Affiliate, free from any liability or any claim under the Plan or the Agreement. Nothing in the Agreement shall confer on any person any legal or equitable right against the Company or any Affiliate, directly or indirectly, or give rise to any cause of action at law or in equity against the Company or an Affiliate. The Option granted hereunder shall not form any part of the wages or salary of Optionee for purposes of severance pay or termination indemnities, irrespective of the reason for termination of employment. Under no circumstances shall any person ceasing to be an employee of the Company or any Affiliate be entitled to any compensation for any loss of any right or benefit under the Agreement or Plan which such employee might otherwise have enjoyed but for termination of employment, whether such compensation is claimed by way of damages for wrongful or unfair dismissal, breach of contract or otherwise. By participating in the Plan, Optionee shall be deemed to have accepted all the conditions of the Plan and the Agreement and the terms and conditions of any rules and regulations adopted by the Committee and shall be fully bound thereby.
Appears in 17 contracts
Samples: Incentive Stock Option Agreement (Iteris, Inc.), Non Incentive Stock Option Agreement (Irvine Sensors Corp/De/), Non Incentive Stock Option Agreement (Irvine Sensors Corp/De/)
No Right to Employment. The grant of the Option shall not be construed as giving Optionee the right to be retained in the employ of, or if Optionee is as giving a director of the Company Corporation or an Affiliate a Subsidiary (as giving defined in the Optionee Plan) the right to continue as a director of, of the Company Corporation or an Affiliatea Subsidiary, nor will it affect in any way the right of the Company Corporation or an Affiliate a Subsidiary to terminate such employment or position at any time, with or without cause. In addition, the Company Corporation or an Affiliate Subsidiary may at any time dismiss Optionee from employment, or terminate the term of a director of the Company Corporation or an Affiliatea Subsidiary, free from any liability or any claim under the Plan or the Agreement. Nothing in the Agreement shall confer on any person any legal or equitable right against the Company Corporation or any AffiliateSubsidiary, directly or indirectly, or give rise to any cause of action at law or in equity against the Company Corporation or an Affiliatea Subsidiary. The Option granted hereunder shall not form any part of the wages or salary of Optionee for purposes of severance pay or termination indemnities, irrespective of the reason for termination of employment. Under no circumstances shall any person ceasing to be an employee of the Company Corporation or any Affiliate Subsidiary be entitled to any compensation for any loss of any right or benefit under the Agreement or Plan which such employee optionee might otherwise have enjoyed but for termination of employment, whether such compensation is claimed by way of damages for wrongful or unfair dismissal, breach of contract or otherwise. By participating in the Plan, Optionee shall be deemed to have accepted all the conditions of the Plan and the Agreement and the terms and conditions of any rules and regulations adopted by the Committee and shall be fully bound thereby.
Appears in 17 contracts
Samples: Non Qualified Stock Option Agreement (Deep Well Oil & Gas Inc), Non Qualified Stock Option Agreement (Deep Well Oil & Gas Inc), Non Qualified Stock Option Agreement (Deep Well Oil & Gas Inc)
No Right to Employment. The grant of the Option shall not be construed as giving Optionee Employee the right to be retained in the employ of, or if Optionee is as giving a director of the Company or an Affiliate (as giving defined in the Optionee Plan) the right to continue as a director ofof the Company or an Affiliate with, the Company or an Affiliate, nor will it affect in any way the right of the Company or an Affiliate to terminate such employment or position at any time, with or without cause. In addition, the Company or an Affiliate may at any time dismiss Optionee Employee from employment, or terminate the term of a director of the Company or an Affiliate, free from any liability or any claim under the Plan or the Agreement. Nothing in the Agreement shall confer on any person any legal or equitable right against the Company or any Affiliate, directly or indirectly, or give rise to any cause of action at law or in equity against the Company or an Affiliate. The Option granted hereunder shall not form any part of the wages or salary of Optionee Employee for purposes of severance pay or termination indemnities, irrespective of the reason for termination of employment. Under no circumstances shall any person ceasing to be an employee of the Company or any Affiliate be entitled to any compensation for any loss of any right or benefit under the Agreement or Plan which such employee might otherwise have enjoyed but for termination of employment, whether such compensation is claimed by way of damages for wrongful or unfair dismissal, breach of contract or otherwise. By participating in the Plan, Optionee Employee shall be deemed to have accepted all the conditions of the Plan and the Agreement and the terms and conditions of any rules and regulations adopted by the Committee (as defined in the Plan) and shall be fully bound thereby.
Appears in 11 contracts
Samples: Non Incentive Stock Option Agreement (Natures Sunshine Products Inc), Non Incentive Stock Option Agreement (Natures Sunshine Products Inc), Non Incentive Stock Option Agreement (Natures Sunshine Products Inc)
No Right to Employment. The grant issuance of the Option Award shall not be construed as giving Optionee Participant the right to be retained in the employ ofemploy, or if Optionee is as giving a director of the Company or an Affiliate as giving the Optionee the right to continue as a director of, of the Company or an Affiliate, nor will it affect in any way the right of the Company or an Affiliate to terminate such employment or position at any time, with or without cause. In addition, the Company or an Affiliate may at any time dismiss Optionee Participant from employment, or terminate the term of a director of the Company or an Affiliate, free from any liability or any claim under the Plan or the this Agreement. Nothing in the this Agreement shall confer on any person any legal or equitable right against the Company or any Affiliate, directly or indirectly, or give rise to any cause of action at law or in equity against the Company or an Affiliate. The Option Award granted hereunder shall not form any part of the wages or salary of Optionee Participant for purposes of severance pay or termination indemnities, irrespective of the reason for termination of employment. Under no circumstances shall any person ceasing to be an employee of the Company or any Affiliate be entitled to any compensation for any loss of any right or benefit under the this Agreement or the Plan which such employee might otherwise have enjoyed but for termination of employment, whether such compensation is claimed by way of damages for wrongful or unfair dismissal, breach of contract or otherwise. By participating in the Plan, Optionee Participant shall be deemed to have accepted all the conditions of the Plan and the this Agreement and the terms and conditions of any rules and regulations adopted by the Committee (as defined in the Plan) and shall be fully bound thereby.
Appears in 7 contracts
Samples: Restricted Stock Unit Award Agreement (Profire Energy Inc), Restricted Stock Unit Award Agreement (Profire Energy Inc), Restricted Stock Unit Award Agreement (Profire Energy Inc)
No Right to Employment. The grant of the Option shall not be construed as giving Optionee Employee the right to be retained in the employ of, or if Optionee is as giving a director of the Company or an Affiliate (as giving defined in the Optionee Plan) the right to continue as a director ofof the Company or an Affiliate with, the Company or an Affiliate, nor will it affect in any way the right of the Company or an Affiliate to terminate such employment or position at any time, with or without cause. In addition, the Company or an Affiliate may at any time dismiss Optionee Employee from employment, or terminate the term of a director of the Company or an Affiliate, free from any liability or any claim under the Plan or the Agreement. Nothing in the Agreement shall confer on any person any legal or equitable right against the Company or any Affiliate, directly or indirectly, or give rise to any cause of action at law or in equity against the Company or an Affiliate. The Option granted hereunder shall not form any part of the wages or salary of Optionee Employee for purposes of severance pay or termination indemnities, irrespective of the reason for termination of employment. Under no circumstances shall any person ceasing to be an employee of the Company or any Affiliate be entitled to any compensation for any loss of any right or benefit under the Agreement or Plan which such employee might otherwise have enjoyed but for termination of employment, whether such compensation is claimed by way of damages for wrongful or unfair dismissal, breach of contract or otherwise. By participating in the Plan, Optionee Employee shall be deemed to have accepted all the conditions of the Plan and the Agreement and the terms and conditions of any rules and regulations adopted by the Committee and shall be fully bound thereby.
Appears in 6 contracts
Samples: Non Qualified Stock Option Agreement (Uroplasty Inc), Incentive Stock Option Agreement (Aemetis, Inc), Incentive Stock Option Agreement (Aemetis, Inc)
No Right to Employment. The grant issuance of the Option Shares shall not be construed as giving Optionee Participant the right to be retained in the employ of, or if Optionee Participant is a director of the Company or an Affiliate a Subsidiary as giving the Optionee Participant the right to continue as a director of, the Company or an Affiliatea Subsidiary, nor will it affect in any way the right of the Company or an Affiliate a Subsidiary to terminate such employment or position at any time, with or without causecause if otherwise permitted by law. In addition, the Company or an Affiliate a Subsidiary may at any time dismiss Optionee Participant from employment, or terminate the term of a director of the Company or an Affiliatea Subsidiary if otherwise permitted by law, free from any liability or any claim under the Plan or the this Agreement. Nothing in the this Agreement shall confer on any person any legal or equitable right against the Company or any AffiliateSubsidiary, directly or indirectly, or give rise to any cause of action at law or in equity against the Company or an Affiliatea Subsidiary. The Option granted hereunder Shares shall not form any part of the wages or salary of Optionee Participant for purposes of severance pay or termination indemnities, irrespective of the reason for termination of employment. Under no circumstances shall any person ceasing to be an employee of the Company or any Affiliate Subsidiary be entitled to any compensation for any loss of any right or benefit under the this Agreement or the Plan which such employee might otherwise have enjoyed but for termination of employment, whether such compensation is claimed by way of damages for wrongful or unfair dismissal, breach of contract or otherwise. By participating in the Plan, Optionee Participant shall be deemed to have accepted all the conditions of the Plan and the this Agreement and the terms and conditions of any rules and regulations adopted by the Committee and shall be fully bound thereby.
Appears in 5 contracts
Samples: Restricted Stock Award Agreement (Verso Technologies Inc), Restricted Stock Award Agreement (Verso Technologies Inc), Restricted Stock Award Agreement (Verso Technologies Inc)
No Right to Employment. The grant of the Option this Stock Award shall not be construed as giving Optionee Participant the right to be retained in the employ of, or if Optionee Participant is a director of the Company or an Affiliate as giving the Optionee Participant the right to continue as a director of, the Company or an Affiliate, nor will it affect in any way the right of the Company or an Affiliate to terminate such employment or position at any time, with or without cause. In addition, the Company or an Affiliate may at any time dismiss Optionee Participant from employment, or terminate the term of a director of the Company or an Affiliate, free from any liability or any claim under the Plan or the this Agreement. Nothing in the this Agreement shall confer on any person any legal or equitable right against the Company or any Affiliate, directly or indirectly, or give rise to any cause of action at law or in equity against the Company or an Affiliate. The Option granted hereunder This Stock Award shall not form any part of the wages or salary of Optionee Participant for purposes of severance pay or termination indemnities, irrespective of the reason for termination of employment. Under no circumstances shall any person ceasing to be an employee of the Company or any Affiliate be entitled to any compensation for any loss of any right or benefit under the this Agreement or the Plan which such employee might otherwise have enjoyed but for termination of employment, whether such compensation is claimed by way of damages for wrongful or unfair dismissal, breach of contract or otherwise. By participating in the Plan, Optionee Participant shall be deemed to have accepted all the terms and conditions of the Plan and the this Agreement and the terms and conditions of any rules and regulations adopted by the Committee and shall be fully bound thereby.
Appears in 4 contracts
Samples: Stock Award Agreement (CombiMatrix Corp), Stock Unit Award Agreement (U.S. Auto Parts Network, Inc.), Stock Unit Award Agreement (U.S. Auto Parts Network, Inc.)
No Right to Employment. The grant of the Option this Stock Award shall not be construed as giving Optionee Participant the right to be retained in the employ ofof the Company or any Affiliate, or if Optionee is as giving a director of the Company or an Affiliate as giving the Optionee the right to continue as a director ofof the Company or an Affiliate with, the Company or an Affiliate, nor will it affect in any way the right of the Company or an Affiliate to terminate such employment or position at any time, with or without cause. In addition, the Company or an Affiliate may at any time dismiss Optionee Participant from employment, or terminate the term of a director of the Company or an Affiliate, free from any liability or any claim under the Plan or the this Agreement. Nothing in the this Agreement shall confer on any person any legal or equitable right against the Company or any Affiliate, directly or indirectly, or give rise to any cause of action at law or in equity against the Company or an Affiliate. The Option granted hereunder This Stock Award shall not form any part of the wages or salary of Optionee Participant for purposes of severance pay or termination indemnities, irrespective of the reason for termination of employment. Under no circumstances shall any person ceasing to be an employee of the Company or any Affiliate be entitled to any compensation for any loss of any right or benefit under the this Agreement or the Plan which such employee might otherwise have enjoyed but for termination of employment, whether such compensation is claimed by way of damages for wrongful or unfair dismissal, breach of contract or otherwise. By participating in the Plan, Optionee Participant shall be deemed to have accepted all the terms and conditions of the Plan and the this Agreement and the terms and conditions of any rules and regulations adopted by the Committee and shall be fully bound thereby.
Appears in 3 contracts
Samples: Restricted Stock Unit Award Agreement (Cyberoptics Corp), Stock Award Agreement (Cyberoptics Corp), Stock Award Agreement (SoftBrands, Inc.)
No Right to Employment. The grant of the Option shall not be construed as giving Optionee Grantee the right to be retained in the employ of, or if Optionee Grantee is a director of the Company or an Affiliate affiliate, as giving the Optionee Grantee the right to continue as a director of, of the Company or an Affiliateaffiliate of the Company, nor will it affect in any way the right of the Company or an Affiliate affiliate to terminate such employment or position at any time, with or without cause. In addition, the Company or an Affiliate affiliate may at any time dismiss Optionee Grantee from employment, or terminate the term of a director of the Company or an Affiliateaffiliate, free from any liability or any claim under the Plan or the Agreement. Nothing in the Agreement shall confer on any person any legal or equitable right against the Company or any Affiliateaffiliate, directly or indirectly, or give rise to any cause of action at law or in equity against the Company or an Affiliateaffiliate. The Option granted hereunder shall not form any part of the wages or salary of Optionee Grantee for purposes of severance pay or termination indemnities, irrespective of the reason for termination of employment. Under no circumstances shall any person ceasing to be an employee of the Company or any Affiliate affiliate be entitled to any compensation for any loss of any right or benefit under the Agreement or Plan which such employee might otherwise have enjoyed but for termination of employment, whether such compensation is claimed by way of damages for wrongful or unfair dismissal, breach of contract or otherwise. By participating in the Plan, Optionee Grantee shall be deemed to have accepted all the conditions of the Plan and the Agreement and the terms and conditions of any rules and regulations adopted by the Committee and shall be fully bound thereby.
Appears in 3 contracts
Samples: Stock Option Agreement (Hireright Inc), Stock Option Agreement (Hireright Inc), Stock Option Agreement (Hireright Inc)
No Right to Employment. The grant of the Option shall not be construed as giving Optionee the right to be retained in the employ of, or if Optionee is as giving a director of the Company or an Affiliate (as giving defined in the Optionee Plan) the right to continue as a director ofof the Company or an Affiliate with, the Company or an Affiliate, nor will it affect in any way the right of the Company or an Affiliate to terminate such employment or position at any time, with or without cause. In addition, the Company or an Affiliate may at any time dismiss Optionee from employment, or terminate the term of a director of the Company or an Affiliate, free from any liability or any claim under the Plan or the Agreement. Nothing in the Agreement shall confer on any person any legal or equitable right against the Company or any Affiliate, directly or indirectly, or give rise to any cause of action at law or in equity against the Company or an Affiliate. The Option granted hereunder shall not form any part of the wages or salary of Optionee for purposes of severance pay or termination indemnities, irrespective of the reason for termination of employment. Under no circumstances shall any person ceasing to be an employee of the Company or any Affiliate be entitled to any compensation for any loss of any right or benefit under the Agreement or Plan which such employee might otherwise have enjoyed but for termination of employment, whether such compensation is claimed by way of damages for wrongful or unfair dismissal, breach of contract or otherwise. By participating in the Plan, Optionee shall be deemed to have accepted all the conditions of the Plan and the Agreement and the terms and conditions of any rules and regulations adopted by the Committee and shall be fully bound thereby.
Appears in 2 contracts
Samples: Non Incentive Stock Option Agreement, Non Incentive Stock Option Agreement (Ensign Group, Inc)
No Right to Employment. The grant of the Option shall not be construed as giving Optionee Optionholder the right to be retained in the employ of, or if Optionee Optionholder is a director of the Company or an Affiliate as giving the Optionee Optionholder the right to continue as a director of, the Company or an Affiliate, nor will it affect in any way the right of the Company or an Affiliate to terminate such employment or position at any time, with or without cause. In addition, the Company or an Affiliate may at any time dismiss Optionee Optionholder from employment, or terminate the term of a director of the Company or an Affiliate, free from any liability or any claim under the Plan or the Agreement. Nothing in the Agreement shall confer on any person any legal or equitable right against the Company or any Affiliate, directly or indirectly, or give rise to any cause of action at law or in equity against the Company or an Affiliate. The Option granted hereunder shall not form any part of the wages or salary of Optionee Optionholder for purposes of severance pay or termination indemnities, irrespective of the reason for termination of employment. Under no circumstances shall any person ceasing to be an employee of the Company or any Affiliate be entitled to any compensation for any loss of any right or benefit under the Agreement or Plan which such employee might otherwise have enjoyed but for termination of employment, whether such compensation is claimed by way of damages for wrongful or unfair dismissal, breach of contract or otherwise. By participating in the Plan, Optionee Optionholder shall be deemed to have accepted all the conditions of the Plan and the Agreement and the terms and conditions of any rules and regulations adopted by the Committee and shall be fully bound thereby.
Appears in 2 contracts
Samples: Incentive Stock Option Agreement (Barnes James A), Non Statutory Stock Option Agreement (Barnes James A)
No Right to Employment. The grant issuance of this Award, the Option Units or any Shares hereunder shall not be construed as giving Optionee Employee the right to be retained in the employ ofemploy, or if Optionee is as giving a director of the Company or an Affiliate as giving the Optionee the right to continue as a director ofdirector, of the Company or an Affiliate, nor will it affect in any way the right of the Company or an Affiliate to terminate such employment or position at any time, with or without cause. In addition, the Company or an Affiliate may at any time dismiss Optionee Employee from employment, or terminate the term of a director of the Company or an Affiliate, free from any liability or any claim under the Plan or the this Award Agreement. Nothing in the this Award Agreement shall confer on any person any legal or equitable right against the Company or any Affiliate, directly or indirectly, or give rise to any cause of action at law or in equity against the Company or an Affiliate. The Option granted hereunder This Award shall not form any part of the wages or salary of Optionee Employee for purposes of severance pay or termination indemnities, irrespective of the reason for termination of employment. Under no circumstances shall any person ceasing to be an employee of the Company or any Affiliate be entitled to any compensation for any loss of any right or benefit under the this Award Agreement or Plan which such employee might otherwise have enjoyed but for termination of employment, whether such compensation is claimed by way of damages for wrongful or unfair dismissal, breach of contract or otherwise. By participating in the Plan, Optionee Employee shall be deemed to have accepted all the conditions of the Plan and the this Award Agreement and the terms and conditions of any rules and regulations adopted by the Committee and shall be fully bound thereby.
Appears in 2 contracts
Samples: Restricted Stock Unit Award Agreement (Alerus Financial Corp), Restricted Stock Unit Award Agreement (Alerus Financial Corp)
No Right to Employment. The grant issuance of the Option Shares shall not be construed as giving Optionee Participant the right to be retained in the employ ofemploy, or if Optionee is as giving a director of the Company or an Affiliate as giving the Optionee any of its subisidiaries the right to continue as a director ofdirector, of the Company or an Affiliateany subsidiary, nor will it affect in any way the right of the Company or an Affiliate its subsidiaries to terminate such employment or position at any time, with or without cause. In addition, the Company or an Affiliate its subsidiaries may at any time dismiss Optionee Participant from employment, or terminate the term of a director of the Company or an Affiliateany subsidiary, free from any liability or any claim under the Plan or the Agreement. Nothing in the Agreement shall confer on any person any legal or equitable right against the Company or any Affiliatesubsidiary, directly or indirectly, or give rise to any cause of action at law or in equity against the Company or an Affiliateany subsidiary. The Option Award granted hereunder shall not form any part of the wages or salary of Optionee Participant for purposes of severance pay or termination indemnities, irrespective of the reason for termination of employment. Under no circumstances shall any person ceasing to be an employee of the Company or any Affiliate subsidiary be entitled to any compensation for any loss of any right or benefit under the Agreement or Plan which such employee might otherwise have enjoyed but for termination of employment, whether such compensation is claimed by way of damages for wrongful or unfair dismissal, breach of contract or otherwise. By participating in the Plan, Optionee Participant shall be deemed to have accepted all the conditions of the Plan and the Agreement and the terms and conditions of any rules and regulations adopted by the Board or any Committee of the Board, as the case may be, and shall be fully bound thereby.
Appears in 1 contract
Samples: Restricted Stock Award Agreement (Vascular Solutions Inc)
No Right to Employment. The grant of the Option SAR shall not be construed as giving Optionee Employee the right to be retained in the employ of, or if Optionee is as giving a director of the Company or an Affiliate (as giving defined in the Optionee Plan) the right to continue as a director ofof the Company or an Affiliate with, the Company or an Affiliate, nor will it affect in any way the right of the Company or an Affiliate to terminate such employment or position at any time, with or without cause. In addition, the Company or an Affiliate may at any time dismiss Optionee Employee from employment, or terminate the term of a director of the Company or an Affiliate, free from any liability or any claim under the Plan or the this Agreement. Nothing in the this Agreement shall confer on any person any legal or equitable right against the Company or any Affiliate, directly or indirectly, or give rise to any cause of action at law or in equity against the Company or an Affiliate. The Option SAR granted hereunder shall not form any part of the wages or salary of Optionee Employee for purposes of severance pay or termination indemnities, irrespective of the reason for termination of employment. Under no circumstances shall any person ceasing to be an employee of the Company or any Affiliate be entitled to any compensation for any loss of any right or benefit under the this Agreement or Plan which such employee might otherwise have enjoyed but for termination of employment, whether such compensation is claimed by way of damages for wrongful or unfair dismissal, breach of contract or otherwise. By participating in the Plan, Optionee Employee shall be deemed to have accepted all the conditions of the Plan and the this Agreement and the terms and conditions of any rules and regulations adopted by the Committee and shall be fully bound thereby.
Appears in 1 contract
Samples: Stock Appreciation Rights Agreement (Apogee Enterprises Inc)
No Right to Employment. The grant issuance of the Option Shares and Cash Award shall not be construed as giving Optionee Participant the right to be retained in the employ ofemployment, or if Optionee is as giving a director of the Company or an Affiliate as giving the Optionee the right to continue as a director ofdirector, of the Company or an Affiliate, nor will it affect in any way the right of the Company or an Affiliate to terminate such employment or position at any time, with or without cause, or remove a Director in accordance with applicable law. In addition, the Company or an Affiliate may at any time dismiss Optionee Participant from employment, or terminate the term of a director of the Company or an Affiliate, free from any liability or any claim under the Plan or the Agreement. Nothing in the Agreement shall confer on any person any legal or equitable right against the Company or any Affiliate, directly or indirectly, or give rise to any cause of action at law or in equity against the Company or an Affiliate. The Option Shares and Cash Award granted hereunder shall not form any part of the wages or salary of Optionee Participant for purposes of severance pay or termination indemnities, irrespective of the reason for termination of employment. Under no circumstances shall any person ceasing to be an employee of the Company or any Affiliate be entitled to any compensation for any loss of any right or benefit under the Agreement or Plan which such employee might otherwise have enjoyed but for termination of employment, whether such compensation is claimed by way of damages for wrongful or unfair dismissal, breach of contract or otherwise. By participating in the Plan, Optionee Participant shall be deemed to have accepted all the conditions of the Plan and the Agreement and the terms and conditions of any rules and regulations adopted by the Committee and shall be fully bound thereby.
Appears in 1 contract
Samples: Restricted Stock and Cash Award Agreement (Kodiak Oil & Gas Corp)
No Right to Employment. (a) Benefits and rights provided under the Plan are wholly discretionary and, although provided by the Company, do not constitute regular and periodic payments. The grant benefits and rights provided under the Plan are not to be considered part of the Option Recipient’s salary or compensation under Recipient’s employment for purposes of calculating any severance, resignation, redundancy or other end of service payments, vacation, bonuses, long-term service awards, indemnification, pension or retirement benefits, or any other payments, benefits or rights of any kind.
(b) The Grant issued hereunder, and any future Grants under the Plan are entirely voluntary, and at the complete discretion of the Company. Neither the Grant nor any future Grant by the Company shall be deemed to create any obligation to any further Grants, whether or not such a reservation is explicitly stated at the time of such a grant. The Company has the right, at any time and/or on an annual basis, to amend, suspend or terminate the Plan; provided, however, that no such amendment, suspension, or termination shall adversely affect the Recipient’s rights hereunder.
(c) The Plan shall not be deemed to constitute, and shall not be construed as giving Optionee by the right Recipient to be retained in the employ ofconstitute, or if Optionee is a director of the Company or an Affiliate as giving the Optionee the right to continue as a director of, the Company or an Affiliate, nor will it affect in any way the right of the Company or an Affiliate to terminate such employment or position at any time, with or without cause. In addition, the Company or an Affiliate may at any time dismiss Optionee from employment, or terminate the term of a director of the Company or an Affiliate, free from any liability or any claim under the Plan or the Agreement. Nothing in the Agreement shall confer on any person any legal or equitable right against the Company or any Affiliate, directly or indirectly, or give rise to any cause of action at law or in equity against the Company or an Affiliate. The Option granted hereunder shall not form any part of the wages or salary of Optionee for purposes of severance pay or termination indemnities, irrespective of the reason for termination of employment. Under no circumstances shall any person ceasing to be an employee of the Company or any Affiliate be entitled to any compensation for any loss of any right or benefit under the Agreement or Plan which such employee might otherwise have enjoyed but for termination of employment, whether such compensation is claimed by way of damages for wrongful or unfair dismissal, breach of contract or otherwise. By participating in the Plan, Optionee shall be deemed to have accepted all the conditions of the Plan and the Agreement and the terms and conditions of employment. The Company shall not incur any rules liability of any kind to the Recipient as a result of any change or amendment, or any cancellation, of the Plan at any time.
(d) Participation in the Plan shall not be deemed to constitute, and regulations adopted shall not be deemed by the Committee and shall be fully bound therebyRecipient to constitute, an employment or labor relationship of any kind with the Company.
Appears in 1 contract
Samples: Restricted Stock Award Agreement (Bausch & Lomb Inc)
No Right to Employment. The grant Neither the issuance of the Option Shares nor the Cash Election shall not be construed as giving Optionee Participant the right to be retained in the employ ofemploy, or if Optionee is as giving a director of the Company or an Affiliate as giving the Optionee any of its subsidiaries the right to continue as a director ofdirector, of the Company or an Affiliateany subsidiary, nor will it affect in any way the right of the Company or an Affiliate its subsidiaries to terminate such employment or position at any time, with or without cause. In addition, the Company or an Affiliate its subsidiaries may at any time dismiss Optionee Participant from employment, or terminate the term of a director of the Company or an Affiliateany subsidiary, free from any liability or any claim under the Plan or the Agreement. Nothing in the Agreement shall confer on any person any legal or equitable right against the Company or any Affiliatesubsidiary, directly or indirectly, or give rise to any cause of action at law or in equity against the Company or an Affiliateany subsidiary. The Option Award granted hereunder shall not form any part of the wages or salary of Optionee Participant for purposes of severance pay or termination indemnities, irrespective of the reason for termination of employment. Under no circumstances shall any person ceasing to be an employee of the Company or any Affiliate subsidiary be entitled to any compensation for any loss of any right or benefit under the Agreement or Plan which such employee might otherwise have enjoyed but for termination of employment, whether such compensation is claimed by way of damages for wrongful or unfair dismissal, breach of contract or otherwise. By participating in the Plan, Optionee Participant shall be deemed to have accepted all the conditions of the Plan and the Agreement and the terms and conditions of any rules and regulations adopted by the Board or any Committee of the Board, as the case may be, and shall be fully bound thereby.
Appears in 1 contract
Samples: Restricted Stock Award Agreement (Vascular Solutions Inc)
No Right to Employment. The grant of the Option this Stock Award shall not be construed as giving Optionee Participant the right to be retained in the employ of, or if Optionee Participant is a director of the Company or an Affiliate as giving the Optionee Participant the right to continue as a director of, the Company or an Affiliate, nor will it affect in any way the right of the Company or an Affiliate to terminate such employment or position at any time, with or without cause. In addition, subject to Section 2(b) above, the Company or an Affiliate may at any time dismiss Optionee Participant from employment, or terminate the term of a director of the Company or an Affiliate, free from any liability or any claim under the Plan or the this Agreement. Nothing in the this Agreement shall confer on any person any legal or equitable right against the Company or any Affiliate, directly or indirectly, or give rise to any cause of action at law or in equity against the Company or an Affiliate. The Option granted hereunder This Stock Award shall not form any part of the wages or salary of Optionee Participant for purposes of severance pay or termination indemnities, irrespective of the reason for termination of employment. Under no circumstances shall any person ceasing to be an employee of the Company or any Affiliate be entitled to any compensation for any loss of any right or benefit under the this Agreement or the Plan which such employee might otherwise have enjoyed but for termination of employment, whether such compensation is claimed by way of damages for wrongful or unfair dismissal, breach of contract or otherwise. By participating in the Plan, Optionee Participant shall be deemed to have accepted all the terms and conditions of the Plan and the this Agreement and the terms and conditions of any rules and regulations adopted by the Committee and shall be fully bound thereby.
Appears in 1 contract
Samples: Performance Restricted Stock Unit Award Agreement (U.S. Auto Parts Network, Inc.)
No Right to Employment. (a) Benefits and rights provided under the Plan are wholly discretionary and, although provided by the Company, do not constitute regular and periodic payments. The grant benefits and rights provided under the Plan are not to be considered part of the Option Recipient’s salary or compensation under Recipient’s employment for purposes of calculating any severance, resignation, redundancy or other end of service payments, vacation, bonuses, long-term service awards, indemnification, pension or retirement benefits, or any other payments, benefits or rights of any kind.
(b) The Award issued hereunder, and any future Awards under the Plan are entirely voluntary, and at the complete discretion of the Company. Neither the Award nor any future Award by the Company shall be deemed to create any obligation to any further Awards, whether or not such a reservation is explicitly stated at the time of such a grant. The Company has the right, at any time and/or on an annual basis, to amend, suspend or terminate the Plan; provided, however, that no such amendment, suspension, or termination shall adversely affect the Recipient’s rights hereunder.
(c) The Plan shall not be deemed to constitute, and shall not be construed as giving Optionee by the right Recipient to be retained in the employ ofconstitute, or if Optionee is a director of the Company or an Affiliate as giving the Optionee the right to continue as a director of, the Company or an Affiliate, nor will it affect in any way the right of the Company or an Affiliate to terminate such employment or position at any time, with or without cause. In addition, the Company or an Affiliate may at any time dismiss Optionee from employment, or terminate the term of a director of the Company or an Affiliate, free from any liability or any claim under the Plan or the Agreement. Nothing in the Agreement shall confer on any person any legal or equitable right against the Company or any Affiliate, directly or indirectly, or give rise to any cause of action at law or in equity against the Company or an Affiliate. The Option granted hereunder shall not form any part of the wages or salary of Optionee for purposes of severance pay or termination indemnities, irrespective of the reason for termination of employment. Under no circumstances shall any person ceasing to be an employee of the Company or any Affiliate be entitled to any compensation for any loss of any right or benefit under the Agreement or Plan which such employee might otherwise have enjoyed but for termination of employment, whether such compensation is claimed by way of damages for wrongful or unfair dismissal, breach of contract or otherwise. By participating in the Plan, Optionee shall be deemed to have accepted all the conditions of the Plan and the Agreement and the terms and conditions of employment. The Company shall not incur any rules liability of any kind to the Recipient as a result of any change or amendment, or any cancellation, of the Plan at any time.
(d) Participation in the Plan shall not be deemed to constitute, and regulations adopted shall not be deemed by the Committee and shall be fully bound therebyRecipient to constitute, an employment or labor relationship of any kind with the Company.
Appears in 1 contract
Samples: Long Term Performance Unit Agreement (Bausch & Lomb Inc)
No Right to Employment. The grant issuance of the Option Award shall not be construed as giving Optionee Participant the right to be retained in the employ ofemploy, or if Optionee is as giving a director of the Company or an Affiliate as giving the Optionee the right to continue as a director of, of the Company or an Affiliate, nor will it affect in any way the right of the Company or an Affiliate to terminate such employment or position at any time, with or without cause. In addition, the Company or an Affiliate may at any time dismiss Optionee Participant from employment, or terminate the term of a director of the Company or an Affiliate, free from any liability or any claim under the Plan or the Agreement. Nothing in the Agreement shall confer on any person any legal or equitable right against the Company or any Affiliate, directly or indirectly, or give rise to any cause of action at law or in equity against the Company or an Affiliate. The Option Award granted hereunder shall not form any part of the wages or salary of Optionee Participant for purposes of severance pay or termination indemnities, irrespective of the reason for termination of employment. Under no circumstances shall any person ceasing to be an employee of the Company or any Affiliate be entitled to any compensation for any loss of any right or benefit under the Agreement or Plan which such employee might otherwise have enjoyed but for termination of employment, whether such compensation is claimed by way of damages for wrongful or unfair dismissal, breach of contract or otherwise. By participating in the Plan, Optionee Participant shall be deemed to have accepted all the conditions of the Plan and the Agreement and the terms and conditions of any rules and regulations adopted by the Committee (as defined in the Plan) and shall be fully bound thereby. · Governing Law. The validity, construction and effect of the Plan and the Agreement, and any rules and regulations relating to the Plan and the Agreement, shall be determined in accordance with the internal laws, and not the law of conflicts, of the State of Nevada.
Appears in 1 contract
Samples: Restricted Stock Award Agreement (Profire Energy Inc)
No Right to Employment. The grant of the Option this Award shall not be construed as giving Optionee Participant the right to be retained in the employ of, or if Optionee Participant is a director of the Company or an Affiliate as giving the Optionee Participant the right to continue as a director of, the Company or an Affiliate, nor will it affect in any way the right of the Company or an Affiliate to terminate such employment or position at any time, with or without cause. In addition, subject to the terms of Participant’s Employment Agreement with the Company, the Company or an Affiliate may at any time dismiss Optionee Participant from employment, or terminate the term of a director of the Company or an Affiliate, free from any liability or any claim under the Plan or the this Agreement. Nothing in the this Agreement shall confer on any person any legal or equitable right against the Company or any Affiliate, directly or indirectly, or give rise to any cause of action at law or in equity against the Company or an Affiliate. The Option granted hereunder This Award shall not form any part of the wages or salary of Optionee Participant for purposes of severance pay or termination indemnities, irrespective of the reason for termination of employment. Under no circumstances shall any person ceasing to be an employee of the Company or any Affiliate be entitled to any compensation for any loss of any right or benefit under the this Agreement or the Plan which such employee might otherwise have enjoyed but for termination of employment, whether such compensation is claimed by way of damages for wrongful or unfair dismissal, breach of contract or otherwise. By participating in the Plan, Optionee Participant shall be deemed to have accepted all the terms and conditions of the Plan and the this Agreement and the terms and conditions of any rules and regulations adopted by the Committee and shall be fully bound thereby.
Appears in 1 contract
Samples: Performance Cash Bonus Award Agreement (U.S. Auto Parts Network, Inc.)
No Right to Employment. (a) Benefits and rights provided under the Plan are wholly discretionary and, although provided by the Company, do not constitute regular and periodic payments. The grant benefits and rights provided under the Plan are not to be considered part of the Option Recipient's salary or compensation under Recipient's employment for purposes of calculating any severance, resignation, redundancy or other end of service payments, vacation, bonuses, long-term service awards, indemnification, pension or retirement benefits, or any other payments, benefits or rights of any kind.
(b) The Grant issued hereunder, and any future Grants under the Plan are entirely voluntary, and at the complete discretion of the Company. Neither the Grant nor any future Grant by the Company shall be deemed to create any obligation to any further Grants, whether or not such a reservation is explicitly stated at the time of such a grant. The Company has the right, at any time and/or on an annual basis, to amend, suspend or terminate the Plan; provided, however, that no such amendment, suspension, or termination shall adversely affect the Recipient's rights hereunder.
(c) The Plan shall not be deemed to constitute, and shall not be construed by the Recipient to constitute, part of the terms and conditions of employment. The Company shall not incur any liability of any kind to the Recipient as giving Optionee a result of any change or amendment, or any cancellation, of the right to be retained Plan at any time. (d) Participation in the employ ofPlan shall not be deemed to constitute, and shall not be deemed by the Recipient to constitute, an employment or labor relationship of any kind with the Company.
(a) Notwithstanding anything to the contrary contained herein or in the Plan, if Optionee is a director of Recipient voluntarily terminates his or her employment with the Company or an Affiliate is terminated for misconduct or failure or refusal to perform his or her duties of employment (as giving determined by the Optionee the right to continue as Committee), and within a director of, the Company or an Affiliate, nor will it affect in any way the right period of the Company or an Affiliate to terminate one year after such employment or position at any time, with or without cause. In addition, the Company or an Affiliate may at any time dismiss Optionee from employment, or terminate the term of a director of the Company or an Affiliate, free from any liability or any claim under the Plan or the Agreement. Nothing in the Agreement shall confer on any person any legal or equitable right against the Company or any Affiliatetermination shall, directly or indirectly, or give rise engage in a competing activity (as defined below), Recipient shall be required to remit to the Company, with respect to any cause of action at law or in equity against the Company or an Affiliate. The Option units granted hereunder which mature on or after the date twelve (12) months prior to such termination, the fair market value of shares issued pursuant to such units on the date of maturity. Such remittance shall not form any part be payable in cash or by certified or bank check or by delivery of the wages or salary shares of Optionee for purposes of severance pay or termination indemnities, irrespective of the reason for termination of employment. Under no circumstances shall any person ceasing to be an employee Common Stock of the Company or any Affiliate be entitled to any compensation for any loss of any right or benefit under the Agreement or Plan which such employee might otherwise have enjoyed but for termination of employment, whether such compensation is claimed by way of damages for wrongful or unfair dismissal, breach of contract or otherwise. By participating registered in the Planname of the grantee duly assigned to the Company with the assignment guaranteed by a bank, Optionee trust company or member firm of the New York Stock Exchange, or by a combination of the foregoing. Any such shares so delivered shall be deemed to have accepted all a value per share equal to the conditions fair market value of the Plan shares on such date. This provision shall, however, become null and the Agreement void, and the terms and conditions of Company's rights to any rules and regulations adopted by the Committee and remittance under this provision automatically shall be fully bound therebydeemed waived, upon a Change in Control (as defined in Section 2 of this Agreement).
(b) For purposes of this Section, Recipient will be deemed to be "engaged in a competing activity" if he or she owns, manages, operates, controls, is employed by, or otherwise engages in or assists another to engage in any activity or business which competes with any business or activity of the Company in which Recipient was engaged or involved, or which, as of the time of Recipient's termination, was in a state of research or development by any such business of the Company.
(c) Nothing contained in this Section shall be interpreted as or deemed to constitute a waiver of, or diminish or be in lieu of, any other rights the Company may possess as a result of Recipient's direct or indirect involvement with a business competing with the business of the Company.
Appears in 1 contract
No Right to Employment. (a) Benefits and rights provided under the Plan are wholly discretionary and, although provided by the Company, do not constitute regular and periodic payments. The grant benefits and rights provided under the Plan are not to be considered part of the Option Recipient's salary or compensation under Recipient's employment for purposes of calculating any severance, resignation, redundancy or other end of service payments, vacation, bonuses, long-term service awards, indemnification, pension or retirement benefits, or any other payments, benefits or rights of any kind.
(b) The Grant issued hereunder, and any future Grants under the Plan are entirely voluntary, and at the complete discretion of the Company. Neither the Grant nor any future Grant by the Company shall be deemed to create any obligation to any further Grants, whether or not such a reservation is explicitly stated at the time of such a grant. The Company has the right, at any time and/or on an annual basis, to amend, suspend or terminate the Plan; provided, however, that no such amendment, suspension, or termination shall adversely affect the Recipient's rights hereunder.
(c) The Plan shall not be deemed to constitute, and shall not be construed as giving Optionee by the right Recipient to be retained in the employ ofconstitute, or if Optionee is a director of the Company or an Affiliate as giving the Optionee the right to continue as a director of, the Company or an Affiliate, nor will it affect in any way the right of the Company or an Affiliate to terminate such employment or position at any time, with or without cause. In addition, the Company or an Affiliate may at any time dismiss Optionee from employment, or terminate the term of a director of the Company or an Affiliate, free from any liability or any claim under the Plan or the Agreement. Nothing in the Agreement shall confer on any person any legal or equitable right against the Company or any Affiliate, directly or indirectly, or give rise to any cause of action at law or in equity against the Company or an Affiliate. The Option granted hereunder shall not form any part of the wages or salary of Optionee for purposes of severance pay or termination indemnities, irrespective of the reason for termination of employment. Under no circumstances shall any person ceasing to be an employee of the Company or any Affiliate be entitled to any compensation for any loss of any right or benefit under the Agreement or Plan which such employee might otherwise have enjoyed but for termination of employment, whether such compensation is claimed by way of damages for wrongful or unfair dismissal, breach of contract or otherwise. By participating in the Plan, Optionee shall be deemed to have accepted all the conditions of the Plan and the Agreement and the terms and conditions of employment. The Company shall not incur any rules liability of any kind to the Recipient as a result of any change or amendment, or any cancellation, of the Plan at any time.
(d) Participation in the Plan shall not be deemed to constitute, and regulations adopted shall not be deemed by the Committee and shall be fully bound therebyRecipient to constitute, an employment or labor relationship of any kind with the Company.
Appears in 1 contract
Samples: Restricted Stock Award Agreement (Bausch & Lomb Inc)
No Right to Employment. The grant issuance of the Option Restricted Shares shall not be construed as giving Optionee Participant the right to be retained in the employ ofemployment, or if Optionee is as giving a director of the Company or an Affiliate as giving the Optionee the right to continue as a director ofdirector, of the Company or an Affiliate, nor will it affect in any way the right of the Company or an Affiliate to terminate such employment or position at any time, with or without cause, or remove a director in accordance with applicable law. In addition, the Company or an Affiliate may at any time dismiss Optionee Participant from employment, or terminate the term of a director of the Company or an Affiliate, free from any liability or any claim under the Plan or the this Agreement. Nothing in the this Agreement shall confer on any person any legal or equitable right against the Company or any Affiliate, directly or indirectly, or give rise to any cause of action at law or in equity against the Company or an Affiliate. The Option Restricted Shares granted hereunder shall not form any part of the wages or salary of Optionee Participant for purposes of severance pay or termination indemnities, irrespective of the reason for termination of employment. Under no circumstances shall any person ceasing to be an employee of the Company or any Affiliate be entitled to any compensation for any loss of any right or benefit under the this Agreement or Plan which such employee might otherwise have enjoyed but for termination of employment, whether such compensation is claimed by way of damages for wrongful or unfair dismissal, breach of contract or otherwise. By participating in the Plan, Optionee Participant shall be deemed to have accepted all the conditions of the Plan and the this Agreement and the terms and conditions of any rules and regulations adopted by the Committee and shall be fully bound thereby.
Appears in 1 contract