facsimile confirmed receipt) prior to 5:00 p.m. Eastern Time and, if sent after
5:00 p.m. Eastern Time, on the day (other than a Saturday, Sunday or legal
holiday in the jurisdiction to which such notice is directed) after which such
notice is sent; (iii) on the first business day (other than a Saturday, Sunday
or legal holiday in the jurisdiction to which such notice is directed) following
the day the same is deposited with the commercial courier if sent by commercial
overnight delivery service; or (iv) the fifth day (other than a Saturday, Sunday
or legal holiday in the jurisdiction to which such notice is directed) following
deposit thereof with the U.S. Postal Service as aforesaid.
Each party, by
notice duly given in accordance therewith, may specify a different address for
the giving of any notice hereunder.
5.15.
NO THIRD PARTY BENEFICIARIES.
THERE ARE NO THIRD PARTY
BENEFICIARIES OF THIS AGREEMENT.
5.16.
INCORPORATION OF PLAN; ACKNOWLEDGMENT.
THE PLAN AS MAY BE AMENDED
FROM TIME TO TIME IS HEREBY INCORPORATED HEREIN BY REFERENCE AND MADE A PART
HEREOF, AND THE RSUS AND THIS AGREEMENT ARE SUBJECT TO ALL TERMS AND CONDITIONS
OF THE PLAN.
IN THE EVENT OF ANY
12
INCONSISTENCY BETWEEN THE PLAN AND THIS AGREEMENT, THE PROVISIONS OF THE PLAN
SHALL GOVERN.
BY SIGNING THIS AGREEMENT, EMPLOYEE ACKNOWLEDGES HAVING RECEIVED
AND READ A COPY OF THE PLAN.
5.17.
CONSENT.
IN THE COURSE OF EMPLOYEE'S EMPLOYMENT, THE COMPANY MAY
OBTAIN OR HAVE ACCESS TO CERTAIN INFORMATION ABOUT EMPLOYEE AND EMPLOYEE'S
EMPLOYMENT, SUCH AS INFORMATION ABOUT EMPLOYEE'S JOB, APPRAISALS, PERFORMANCE,
HEALTH, COMPENSATION, BENEFITS, TRAINING, ABSENCE, EDUCATION, CONTACT DETAILS,
DISABILITIES, SOCIAL SECURITY NUMBER (OR EQUIVALENT) AND INFORMATION OBTAINED
FROM REFERENCES OR BACKGROUND CHECKS (COLLECTIVELY, "PERSONAL INFORMATION").
THE COMPANY WILL USE PERSONAL INFORMATION IN CONNECTION WITH EMPLOYEE'S
EMPLOYMENT, TO PROVIDE EMPLOYEE WITH HEALTH AND OTHER BENEFITS, AND IN ORDER TO
FULFILL ITS LEGAL AND REGULATORY OBLIGATIONS.
DUE TO THE GLOBAL NATURE OF THE
COMPANY'S BUSINESS AND THE NEED TO CENTRALIZE THE COMPANY'S INFORMATION AND
TECHNOLOGY STORAGE SYSTEMS, THE COMPANY MAY TRANSFER, USE OR STORE EMPLOYEE'S
PERSONAL INFORMATION IN A COUNTRY OR CONTINENT OUTSIDE THE COUNTRY WHERE
EMPLOYEE WORKS OR LIVES, AND MAY ALSO TRANSFER EMPLOYEE'S PERSONAL INFORMATION
TO ITS OTHER GROUP COMPANIES, TO ITS INSURERS AND SERVICE PROVIDERS AS NECESSARY
OR APPROPRIATE, AND TO ANY PARTY THAT IT MERGES WITH OR WHICH PURCHASES ALL OR A
SUBSTANTIAL PORTION OF ITS ASSETS, SHARES, OR BUSINESS (ANY OF WHICH MAY ALSO BE
LOCATED OUTSIDE THE COUNTRY OR CONTINENT WHERE EMPLOYEE WORKS OR LIVES).
THE
COMPANY MAY ALSO DISCLOSE EMPLOYEE'S PERSONAL INFORMATION WHEN IT IS LEGALLY
REQUIRED TO DO SO OR TO GOVERNMENTAL, FISCAL OR REGULATORY AUTHORITIES (FOR
EXAMPLE, TO TAX AUTHORITIES IN ORDER TO CALCULATE EMPLOYEE'S APPROPRIATE
TAXATION, COMPENSATION OR SALARY PAYMENTS).
THE COMPANY MAY DISCLOSE PERSONAL
INFORMATION AS NOTED ABOVE, INCLUDING TO ANY OF THE THIRD PARTIES AND FOR ANY OF
THE REASONS LISTED ABOVE, WITHOUT FURTHER NOTICE TO EMPLOYEE.
BY SIGNING BELOW,
EMPLOYEE CONSENTS TO THE COMPANY COLLECTING, RETAINING, DISCLOSING AND USING