FROM TIME TO TIME ARE HEREBY
INCORPORATED BY REFERENCE.
IN THE EVENT OF A CONFLICT BETWEEN ANY TERM OR
PROVISION CONTAINED HEREIN AND A TERM OR PROVISION OF THE PARTNERSHIP AGREEMENT,
THE PLAN OR THE PROFIT SHARING PLAN, THE APPLICABLE TERMS AND PROVISIONS OF THE
PARTNERSHIP AGREEMENT, THE PLAN OR THE PROFIT SHARING PLAN WILL GOVERN AND
PREVAIL.
6.17.
SEVERABILITY; TITLES AND SUBTITLES; GENDER; SINGULAR AND PLURAL;
COUNTERPARTS; FACSIMILE.
(A)
IN CASE ANY PROVISION OF THIS AGREEMENT SHALL BE INVALID, ILLEGAL
OR UNENFORCEABLE, THE VALIDITY, LEGALITY AND ENFORCEABILITY OF THE REMAINING
PROVISIONS OF THIS AGREEMENT SHALL NOT IN ANY WAY BE AFFECTED OR IMPAIRED
THEREBY.
(B)
THE TITLES OF THE SECTIONS AND SUBSECTIONS OF THIS AGREEMENT ARE
FOR CONVENIENCE OF REFERENCE ONLY AND ARE NOT TO BE CONSIDERED IN CONSTRUING
THIS AGREEMENT.
(C)
THE USE OF ANY GENDER IN THIS AGREEMENT SHALL BE DEEMED TO INCLUDE
THE OTHER GENDERS, AND THE USE OF THE SINGULAR IN THIS AGREEMENT SHALL BE DEEMED
TO INCLUDE THE PLURAL (AND VICE VERSA), WHEREVER APPROPRIATE.
(D)
THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS, EACH
OF WHICH SHALL BE AN ORIGINAL, BUT ALL OF WHICH TOGETHER CONSTITUTE ONE
INSTRUMENT.
(E)
COUNTERPARTS OF THIS AGREEMENT (OR APPLICABLE SIGNATURE PAGES
HEREOF) THAT ARE MANUALLY SIGNED AND DELIVERED BY FACSIMILE TRANSMISSION SHALL
BE DEEMED TO CONSTITUTE SIGNED ORIGINAL COUNTERPARTS HEREOF AND SHALL BIND THE
PARTIES SIGNING AND DELIVERING IN SUCH MANNER.
16
IN WITNESS WHEREOF, the Partnership and Executive have executed this Agreement
as of the day and year first written above.
COMPANY:
TDS Investor (Cayman) L.P.
By: TDS Investor (Cayman) GP Ltd.,
its general partner
By:
Name:
Title:
EXECUTIVE:
Name:
Address:
Telephone No.
Fax No.
Social Security No.:
Number of Restricted Equity Units: