ANY OTHER CORPORATE ACT OR PROCEEDING,
WHETHER OF A SIMILAR CHARACTER OR OTHERWISE.
(N)
SEVERABILITY.
IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT ANY
PORTION OF THIS AGREEMENT IS IN VIOLATION OF ANY STATUTE OR PUBLIC POLICY, THEN
ONLY THE PORTIONS OF THIS AGREEMENT WHICH VIOLATE SUCH STATUTE OR PUBLIC POLICY
SHALL BE STRICKEN, AND ALL PORTIONS OF THIS AGREEMENT WHICH DO NOT VIOLATE ANY
STATUTE OR PUBLIC POLICY SHALL CONTINUE IN FULL FORCE AND EFFECT.
FURTHER, IT
IS THE PARTIES' INTENT THAT ANY COURT ORDER STRIKING ANY PORTION OF THIS
AGREEMENT SHOULD MODIFY THE TERMS AS NARROWLY AS POSSIBLE TO GIVE AS MUCH EFFECT
AS POSSIBLE TO THE INTENTIONS OF THE PARTIES' UNDER THIS AGREEMENT.
(O)
FURTHER ASSURANCES.
THE PARTICIPANT AGREES TO USE HIS OR HER REASONABLE
AND DILIGENT BEST EFFORTS TO PROCEED PROMPTLY WITH THE TRANSACTIONS CONTEMPLATED
HEREIN, TO FULFILL THE CONDITIONS PRECEDENT FOR THE PARTICIPANT'S BENEFIT OR TO
CAUSE THE SAME TO BE FULFILLED AND TO EXECUTE SUCH FURTHER DOCUMENTS AND OTHER
PAPERS AND PERFORM SUCH FURTHER
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ACTS AS MAY BE REASONABLY REQUIRED OR DESIRABLE TO CARRY OUT THE PROVISIONS
HEREOF AND THE TRANSACTIONS CONTEMPLATED HEREIN.
(P)
HEADINGS AND CAPTIONS.
THE SECTION AND OTHER HEADINGS CONTAINED IN THIS
AGREEMENT ARE FOR REFERENCE PURPOSES ONLY AND SHALL NOT AFFECT THE MEANING OR
INTERPRETATION OF THIS AGREEMENT.
(Q)
COUNTERPARTS.
THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF
COUNTERPARTS, EACH OF WHICH SHALL BE DEEMED TO BE AN ORIGINAL AND ALL OF WHICH
TOGETHER SHALL CONSTITUTE ONE AND THE SAME INSTRUMENT.
[signature page follows]
9
IN WITNESS WHEREOF, the Company and the Participant have executed this Agreement
as of the
day of
(the "Grant Date").
HERTZ GLOBAL HOLDINGS, INC.
By:
Name:
Title:
PARTICIPANT
"Name"
By:
Restricted Stock Units granted hereby:
Vesting Date
Percentage Vesting
on such Vesting Date
10