Service Acknowledgments. You acknowledge and agree as follows: (a) The execution and delivery of this Agreement and the granting of the RSUs hereunder shall not constitute or be evidence of any agreement or understanding, express or implied, on the part of the Company or its Subsidiaries to employ you for any specific period. (b) The award of the RSUs hereunder is a voluntary one-time grant, and does not entitle you to any benefit other than that specifically granted under this Agreement, or to any future grants or other benefits under the Plan or any similar plan, even if RSUs have ever been granted in the past or have repeatedly been granted in the past. Any benefits granted under this Agreement and under the Plan are extraordinary and not part of your ordinary or expected compensation or salary for any purpose, including, but not limited to, calculating any severance, resignation, termination, redundancy, end-of-service payments, bonuses, long-service awards, pension, welfare or retirement benefits or similar payments, and in no event should be considered as compensation for, or relating in any way to, past services for the Company or any of its Subsidiaries. (c) Nothing in this Agreement shall confer upon you any right to continue in the service of the Company or a Subsidiary or interfere in any way with any right of the Company or a Subsidiary to terminate your employment at any time, subject to applicable law. (d) You are accepting the RSUs and entering into this Agreement voluntarily. (e) The Plan may be modified, amended, suspended or terminated by the Company at any time, to the extent permitted by the Plan. (f) All decisions with respect to future RSUs or other grants will be at the sole discretion of the Committee, subject to the terms of the Employment Contract. (g) The future value of the underlying Shares is unknown, indeterminable and cannot be predicted with certainty. The value of the Shares may increase or decrease. (h) Neither the Company nor any Subsidiary is providing any tax, legal or financial advice or making any recommendations regarding this award. (i) In consideration of the grant of the RSUs, (i) you shall have no claim or entitlement to compensation or damages arising from (x) forfeiture of the RSUs resulting from termination of your service (for any reason whether or not in breach of local law) or otherwise pursuant to the terms of this Agreement or (y) diminution in value of the RSUs or Shares issued upon settlement of the RSUs, and (ii) you irrevocably release the Company and its Subsidiaries from any such claim that may arise. If, notwithstanding the foregoing, any such claim is found by a court of competent jurisdiction to have arisen then, by accepting the RSUs, you shall be deemed irrevocably to have waived your entitlement to pursue such a claim. (j) Any notice period mandated under applicable law shall not be treated as service for the purpose of determining the vesting of the RSUs; and your right to vesting of Shares in settlement of the RSUs after termination of service, if any, will be measured by the date of termination of your active service and will not be extended by any notice period mandated under applicable law. In contrast, any notice period mandated under the Employment Contract shall be treated as service for the purpose of determining the vesting of the RSUs; provided, if the Company elects to place you on Garden Leave during such notice period, your RSUs shall cease to vest as of the date immediately prior to such Garden Leave. Subject to the foregoing and the provisions of the Plan which are incorporated herein by reference, the Company, in its sole discretion, shall determine whether your service has terminated and the effective date of such termination. (k) The grant of RSUs will not be interpreted to form an employment contract or employment relationship with the Company or any of its Subsidiaries that does not otherwise exist.
Appears in 1 contract
Samples: Sign on Restricted Stock Unit Award Agreement (Avon Products Inc)
Service Acknowledgments. You acknowledge and agree as follows:
(a) The execution and delivery of this Agreement and the granting of the RSUs hereunder shall not constitute or be evidence of any agreement or understanding, express or implied, on the part of the Company or its Subsidiaries to employ you for any specific period.
(b) The award of the RSUs hereunder is a voluntary one-time and occasional grant, and does not entitle you to any benefit other than that specifically granted under this Agreement, or to any future grants or other benefits under the Plan or any similar plan, even if RSUs have ever been granted in the past or have repeatedly been granted in the past. Any benefits granted under this Agreement and under the Plan are extraordinary and not part of your ordinary or expected compensation or salary for any purpose, including, but not limited to, calculating any severance, resignation, termination, redundancy, end-of-service payments, bonuses, long-service awards, pension, welfare or retirement benefits or similar payments, and in no event should be considered as compensation for, or relating in any way to, past services for the Company or any of its Subsidiaries.
(c) Nothing in this Agreement shall confer upon you any right to continue in the service of the Company or a Subsidiary or interfere in any way with any right of the Company or a Subsidiary to terminate your employment at any time, subject to applicable law.
(d) You are accepting the RSUs and entering into this Agreement voluntarily.
(e) The Plan may be modified, amended, suspended or terminated by the Company at any time, to the extent permitted by the Plan.
(f) All decisions with respect to future RSUs or other grants will be at the sole discretion of the Committee, subject to the terms of the Employment Contract.
(g) The future value of the underlying Shares is unknown, indeterminable and cannot be predicted with certainty. The value of the Shares may increase or decrease.
(h) Neither the Company nor any Subsidiary is providing any tax, legal or financial advice or making any recommendations regarding this awardaward or your acquisition or sale of the Shares.
(i) In consideration of the grant of the RSUs, (i) you shall have no claim or entitlement to compensation or damages arising from (x) forfeiture of the RSUs resulting from termination of your service (for any reason whether or not in breach of local law) or otherwise pursuant to the terms of this Agreement or (y) diminution in value of the RSUs or Shares issued upon settlement of underlying the RSUs, and (ii) you irrevocably release the Company and its Subsidiaries from any such claim that may arise. If, notwithstanding the foregoing, any such claim is found by a court of competent jurisdiction to have arisen then, by accepting the RSUs, you shall be deemed irrevocably to have waived your entitlement to pursue such a claim.
(j) Any notice period under the Employment Contract or otherwise arising in connection with an involuntary termination of your employment by the Company (and, if applicable, by any Subsidiary for whom you are employed) other than for Cause shall be treated as service for the purpose of determining the vesting of the RSUs. However, any notice period mandated under applicable law or otherwise for which you receive pay in lieu of notice shall not be treated as service for the purpose of determining the vesting of the RSUs; RSUs, and your right to vesting of Shares in settlement of the RSUs after termination of service, if any, will be measured by the date of termination of your active service and will not be extended by any such notice period mandated under applicable lawperiod. In contrastSimilarly, if the Company elects to place you on garden leave (or the equivalent) during any notice period mandated under the your Employment Contract or otherwise arising in connection with an involuntary termination of your employment by the Company (and, if applicable, by any Subsidiary for whom you are employed) other than for Cause, such leave period shall not be treated as service for the purpose of determining the vesting of the RSUs; providedRSUs, and your right to settlement of the RSUs after termination of service, if the Company elects to place you on Garden Leave during such notice periodany, your RSUs shall cease to vest as of will be measured by the date immediately prior to of termination of your active service (i.e., the commencement of such Garden Leaveleave) and will not be extended by any such leave. Subject to the foregoing and the provisions of the Plan which are incorporated herein by reference, the Company, in its sole discretion, shall determine whether your service has terminated and the effective date of such termination.
(k) The grant of RSUs will not be interpreted to form an employment contract or employment relationship with the Company or any of its Subsidiaries that does not otherwise exist.
Appears in 1 contract
Samples: Restricted Stock Unit Award Agreement (Avon Products Inc)
Service Acknowledgments. You acknowledge The Grantee acknowledges and agree agrees as follows:
(a) The execution and delivery of this Agreement and the granting of the RSUs hereunder shall not constitute or be evidence of any agreement or understanding, express or implied, on the part of the Company or its Subsidiaries to employ you the Grantee for any specific period. Moreover the RSUs do not become part of the contract of employment or any other employment relationship with the Grantee's employer.
(b) The award of the RSUs hereunder is a voluntary one-time grant, and does not entitle you the Grantee to any benefit other than that specifically granted under this AgreementAgreement and under the Plan, or nor to any future grants or other benefits under the Plan or any similar plan, even if RSUs have ever been granted in the past or have repeatedly been granted in the past. Any benefits granted under this Agreement and under the Plan are extraordinary and not part of your the Grantee's ordinary or expected compensation or salary for any purpose, including, but not limited to, calculating any severance, resignation, termination, redundancy, end-of-service payments, bonuses, long-service awards, pension, welfare or retirement benefits or similar payments, payments and in no event should be considered as compensation for, or relating in any way to, past services for the Company or any of its Subsidiaries. The Grantee understands and accepts that the benefits granted under the Plan are entirely at the grace and discretion of the Company and that the Company retains the right to amend or terminate the Plan, and/or the Grantee's participation therein, at any time, at the Company's sole discretion and without notice, subject to applicable law.
(c) Nothing in this Agreement shall confer upon you the Grantee any right to continue in the service of the Company or a Subsidiary or interfere in any way with any right of the Company or a Subsidiary to terminate your the employment of the Grantee at any time, subject to applicable law.
(d) You are accepting the RSUs and entering into this Agreement voluntarily.
(e) The Plan may be modified, amended, suspended or terminated by the Company at any time, to the extent permitted by Grantee is voluntarily participating in the Plan.
(f) All decisions with respect to future RSUs or other grants will be at the sole discretion of the Committee, subject to the terms of the Employment Contract.
(ge) The future value of the underlying Shares is unknown, indeterminable unknown and cannot be predicted with certainty. The value of the Shares may increase or decrease.
(hf) Neither the Company nor any Subsidiary is providing any tax, legal or financial advice or making any recommendations regarding this awardthe Grantee's participation in the Plan.
(ig) In consideration of the grant of the RSUs, (i) you shall have no claim or entitlement to compensation or damages arising arises from (x) forfeiture termination of the RSUs or diminution in value of the RSUs or payments made upon settlement of the RSUs resulting from termination of your the Grantee's service (for any reason whether or not in breach of local law) or otherwise pursuant to and the terms of this Agreement or (y) diminution in value of the RSUs or Shares issued upon settlement of the RSUs, and (ii) you Grantee irrevocably release releases the Company and its Subsidiaries from any such claim that may arise. If, notwithstanding the foregoing, any such claim is found by a court of competent jurisdiction to have arisen then, by accepting the RSUs, you the Grantee shall be deemed irrevocably to have waived your the Grantee's entitlement to pursue such a claim.
(jh) Any notice period mandated under applicable law shall not be treated as service for the purpose of determining the vesting of the RSUs; RSUs; and your the Grantee's right to vesting of Shares in settlement of the RSUs after termination of service, if any, will be measured by the date of termination of your the Grantee's active service and will not be extended by any notice period mandated under applicable law. In contrast, any notice period mandated under the Employment Contract shall be treated as service for the purpose of determining the vesting of the RSUs; provided, if the Company elects to place you on Garden Leave during such notice period, your RSUs shall cease to vest as of the date immediately prior to such Garden Leave. Subject to the foregoing and the provisions of the Plan which are incorporated herein by referencePlan, the Company, in its sole discretion, shall determine whether your the Grantee's service has terminated and the effective date of such termination.
(k) The grant of RSUs will not be interpreted to form an employment contract or employment relationship with the Company or any of its Subsidiaries that does not otherwise exist.
Appears in 1 contract
Samples: Restricted Stock Unit Award Agreement (Avon Products Inc)
Service Acknowledgments. You acknowledge and agree as follows:
(a) The execution and delivery of this Agreement and the granting of the RSUs PRSUs hereunder shall not constitute or be evidence of any agreement or understanding, express or implied, on the part of the Company or its Subsidiaries to employ you for any specific period.
(b) The award of the RSUs PRSUs hereunder is a voluntary one-time grantand occasional, and does not entitle you to any benefit other than that specifically granted under this Agreement, or to any future grants or other benefits under the Plan or any similar plan, even if RSUs PRSUs have ever been granted in the past or have repeatedly been granted in the past. Any benefits granted under this Agreement and under the Plan are extraordinary and not part of your ordinary or expected compensation or salary for any purpose, including, but not limited to, calculating any severance, resignation, termination, redundancy, end-of-service payments, bonuses, long-service awards, pension, welfare or retirement benefits or similar payments, and in no event should be considered as compensation for, or relating in any way to, past services for the Company or any of its Subsidiaries.
(c) Nothing in this Agreement shall confer upon you any right to continue in the service of the Company or a Subsidiary or interfere in any way with any right of the Company or a Subsidiary to terminate your employment at any time, subject to applicable law.
(d) You are accepting the RSUs PRSUs and entering into this Agreement voluntarily.
(e) The Plan may be modified, amended, suspended or terminated by the Company at any time, to the extent permitted by the Plan.
(f) All decisions with respect to future RSUs PRSUs or other grants grants, if any, will be at the sole discretion of the Committee, subject to the terms of the Employment Contract.
(g) The future value of the underlying Shares is unknown, indeterminable and cannot be predicted with certainty. The value of the Shares may increase or decrease.
(h) Neither the Company nor any Subsidiary is providing any tax, legal or financial advice or making any recommendations regarding this awardaward or your acquisition or sale of the Shares.
(i) In consideration of the grant of the RSUsPRSUs, (i) you shall have no claim or entitlement to compensation or damages arising from (x) forfeiture of the RSUs PRSUs resulting from termination of your service (for any reason whether or not in breach of local law) or otherwise pursuant to the terms of this Agreement or (y) diminution in value of the RSUs PRSUs or Shares issued upon settlement of underlying the RSUs, PRSUs and (ii) you irrevocably release the Company and its Subsidiaries from any such claim that may arise. If, notwithstanding the foregoing, any such claim is found by a court of competent jurisdiction to have arisen then, by accepting the RSUsPRSUs, you shall be deemed irrevocably to have waived your entitlement to pursue such a claim.
(j) Any notice period under the Employment Contract or otherwise arising in connection with an involuntary termination of your employment by the Company (and, if applicable, by any Subsidiary for whom you are employed) other than for Cause shall be treated as service for the purpose of determining the vesting of the PRSUs. However, any notice period mandated under applicable law or otherwise for which you receive pay in lieu of such notice shall not be treated as service for the purpose of determining the vesting of the RSUs; PRSUs, and your right to the vesting of Shares in settlement of the RSUs PRSUs after termination of service, if any, will be measured by the date of termination of your active service and will not be extended by any such notice period mandated under applicable lawperiod. In contrastSimilarly, if the Company elects to place you on garden leave (or the equivalent) during any notice period mandated under the your Employment Contract or otherwise arising in connection with an involuntary termination of your employment by the Company (and, if applicable, by any Subsidiary for whom you are employed) other than for Cause, such leave period shall not be treated as service for the purpose of determining the vesting of the RSUs; providedPRSUs, and your right to settlement of the PRSUs after termination of service, if the Company elects to place you on Garden Leave during such notice periodany, your RSUs shall cease to vest as of will be measured by the date immediately prior to of termination of your active service (i.e., the commencement of such Garden Leaveleave) and will not be extended by any such leave. Subject to the foregoing and the provisions of the Plan which are incorporated herein by reference, the Company, in its sole discretion, shall determine whether your service has terminated and the effective date of such termination.
(k) The grant of RSUs PRSUs will not be interpreted to form an employment contract or employment relationship with the Company or any of its Subsidiaries that does not otherwise exist.
Appears in 1 contract
Samples: Performance Contingent Restricted Stock Unit Award Agreement (Avon Products Inc)