THE TERMS OF THE PLAN, AS AMENDED FROM TIME TO TIME
AND INTERPRETED AND APPLIED BY THE COMMITTEE, SHALL GOVERN AND TAKE PRECEDENCE.
14.
GOVERNING LAW.
THIS AWARD AGREEMENT SHALL BE CONSTRUED IN
ACCORDANCE WITH (EXCLUDING ANY CONFLICT OR CHOICE OF LAW PROVISIONS OF) THE LAWS
OF THE STATE OF DELAWARE TO THE EXTENT FEDERAL LAW DOES NOT SUPERSEDE AND
PREEMPT DELAWARE LAW.
15.
CONSENT TO ELECTRIC DELIVERY; ELECTRONIC SIGNATURE.
EXCEPT AS
OTHERWISE PROHIBITED BY LAW, IN LIEU OF RECEIVING DOCUMENTS IN PAPER FORMAT,
PARTICIPANT AGREES, TO THE FULLEST EXTENT PERMITTED BY LAW, TO ACCEPT ELECTRONIC
DELIVERY OF ANY DOCUMENTS THAT THE COMPANY MAY BE REQUIRED TO DELIVER
(INCLUDING, BUT NOT LIMITED TO, PROSPECTUSES, PROSPECTUSES SUPPLEMENTS, GRANT OR
AWARD NOTIFICATIONS AND AGREEMENTS, ACCOUNT STATEMENTS, ANNUAL AND QUARTERLY
REPORTS, AND ALL OTHER FORMS OF COMMUNICATIONS) IN CONNECTION WITH THIS AND ANY
OTHER AWARD MADE OR OFFERED BY THE COMPANY.
ELECTRONIC DELIVERY MAY BE VIA A
COMPANY ELECTRONIC MAIL SYSTEM OR BY REFERENCE TO A LOCATION ON A COMPANY
INTRANET TO WHICH PARTICIPANT HAS ACCESS.
PARTICIPANT HEREBY CONSENTS TO ANY
AND ALL PROCEDURES THE COMPANY HAS ESTABLISHED OR MAY ESTABLISH FOR AN
ELECTRONIC SIGNATURE SYSTEM FOR DELIVERY AND
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ACCEPTANCE OF ANY SUCH DOCUMENTS THAT THE COMPANY MAY BE REQUIRED TO DELIVER,
AND AGREES THAT HIS ELECTRONIC SIGNATURE IS THE SAME AS, AND SHALL HAVE THE SAME
FORCE AND EFFECT AS, HIS MANUAL SIGNATURE.
[signature blanks follow]
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Executed:
.
FIBERTOWER CORPORATION
By:
Kurt Van Wagenen
CEO
Accepted:
.
PARTICIPANT:
[PARTICIPANT NAME INSERT HERE]
Address:
[PARTICIPANT ADDRESS OF]
[RECORD INSERT HERE]
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EXHIBIT A
Assignment Separate from Certificate
FOR VALUE RECEIVED,
hereby sells,
assigns and transfers unto FiberTower Corporation, a Delaware corporation (the
"Company"),
(
) shares of
common stock of the Company represented by Certificate No.
and
does hereby irrevocably constitute and appoint
, or his designee
or successor, as attorney to transfer the said stock on the books of the Company
with full power of substitution in the premises.
Dated:
, 20
.
Print Name
Signature
INSTRUCTIONS:
PLEASE DO NOT FILL IN ANY BLANKS OTHER THAN THE SIGNATURE LINE.
THE PURPOSE OF THIS ASSIGNMENT IS TO ENABLE THE COMPANY TO EXERCISE ITS
"REPURCHASE OPTION" SET FORTH IN THE AWARD AGREEMENT WITHOUT REQUIRING
ADDITIONAL SIGNATURES ON THE PART OF THE PURCHASER.
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