Common use of Termination, Rescission and Recapture Clause in Contracts

Termination, Rescission and Recapture. (a) Each Award under the Plan is intended to align the Participant’s long-term interest with those of the Company. If the Participant engages in certain activities discussed below, either during employment or after employment with the Company terminates for any reason, the Participant is acting contrary to the long-term interests of the Company. Accordingly, except as otherwise expressly provided in the Award Agreement, the Company may terminate any outstanding, unexercised, unexpired, unpaid, or deferred Awards (“Termination”), rescind any exercise, payment or delivery pursuant to the Award (“Rescission”), or recapture any Common Stock (whether restricted or unrestricted) or proceeds from the Participant’s sale of Shares issued pursuant to the Award (“Recapture”), if the Participant does not comply with the conditions of subsections (b) and (c) hereof (collectively, the “Conditions”). (b) A Participant shall not, without the Company’s prior written authorization, disclose to anyone outside the Company, or use in other than the Company’s business, any proprietary or confidential information or material, as those or other similar terms are used in any applicable patent, confidentiality, inventions, secrecy, or other agreement between the Participant and the Company with regard to any such proprietary or confidential information or material.

Termination, Rescission and Recapture. (a) Each Award under the Plan is intended to align the Participant’s 's long-term interest with those of the Company. If the Participant engages in certain activities discussed below, either during employment or after employment with the Company terminates for any reason, the Participant is acting contrary to the long-term interests of the Company. Accordingly, except as otherwise expressly provided in the Award Agreement, the Company may terminate any outstanding, unexercised, unexpired, unpaid, or deferred Awards (“"Termination”"), rescind any exercise, payment or delivery pursuant to the Award (“"Rescission”"), or recapture any Common Stock (whether restricted or unrestricted) or proceeds from the Participant’s 's sale of Shares issued pursuant to the Award (“"Recapture”"), if the Participant does not comply with the conditions of subsections (b) and (c) hereof (collectively, the “"Conditions”"). (b) A Participant shall not, without the Company’s 's prior written authorization, disclose to anyone outside the Company, or use in other than the Company’s 's business, any proprietary or confidential information or material, as those or other similar terms are used in any applicable patent, confidentiality, inventions, secrecy, or other agreement between the Participant and the Company with regard to any such proprietary or confidential information or material.