TERM OR PROVISION CONTAINED IN THIS AGREEMENT,
WHETHER BY CONDUCT OR OTHERWISE, IN ANY ONE OR MORE INSTANCES, SHALL BE DEEMED
TO BE, OR CONSTRUED AS, A FURTHER OR CONTINUING WAIVER OF ANY SUCH BREACH, OR A
WAIVER OF THE BREACH OF ANY OTHER TERM OR COVENANT CONTAINED IN THIS AGREEMENT.
20.1.
ANY NOTICE TO BE GIVEN HEREUNDER SHALL BE IN WRITING AND DELIVERED
PERSONALLY OR SENT BY REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID, AND, IF TO
THE COMPANY, ADDRESSED TO IT AT 380 MADISON AVENUE, NEW YORK, NEW YORK 10017,
ATTN: GENERAL COUNSEL, AND, IF TO THE EMPLOYEE, ADDRESSED TO HIM/HER AT THE
ADDRESS SET FORTH IN HIS/HER OFFER LETTER, OR TO SUCH OTHER ADDRESS OF SUCH
PARTY AS THAT PARTY MAY DESIGNATE BY WRITTEN NOTICE TO THE OTHER.
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21.1.
ANY PROVISION OF THIS AGREEMENT THAT IS PROHIBITED OR UNENFORCEABLE IN
ANY JURISDICTION SHALL, AS TO SUCH JURISDICTION, BE INEFFECTIVE TO THE EXTENT OF
SUCH PROHIBITION OR UNENFORCEABILITY WITHOUT INVALIDATING THE REMAINING
PROVISIONS HEREOF, AND ANY SUCH PROHIBITION OR UNENFORCEABILITY IN ANY
JURISDICTION SHALL NOT INVALIDATE OR RENDER UNENFORCEABLE SUCH PROVISION IN ANY
OTHER JURISDICTION.
22.1.
NEITHER THIS AGREEMENT NOR ANY ACTION TAKEN HEREUNDER SHALL BE CONSTRUED
AS GIVING EMPLOYEE THE RIGHT TO BE RETAINED IN THE EMPLOY OF THE COMPANY (OR ANY
OF ITS SUBSIDIARIES) NOR SHALL IT INTERFERE IN ANY WAY WITH THE RIGHT OF THE
COMPANY (OR ANY OF ITS SUBSIDIARIES) TO TERMINATE EMPLOYEE'S EMPLOYMENT AT ANY
TIME.
IN WITNESS WHEREOF, the parties hereto have executed this Stock Option Agreement
as of the date first above written.
INVESTMENT TECHNOLOGY GROUP, INC.
By:
Robert J. Russel,
Chief Executive Officer
EMPLOYEE
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