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.
6.15.
NO THIRD PARTY BENEFICIARIES.
THERE ARE NO THIRD PARTY
BENEFICIARIES OF THIS AGREEMENT.
6.16.
AGREEMENT SUBJECT TO PARTNERSHIP AGREEMENT, PLAN AND PROFIT SHARING
PLAN.
BY ENTERING INTO THIS AGREEMENT, EXECUTIVE AGREES AND ACKNOWLEDGES THAT
EXECUTIVE HAS RECEIVED AND READ A COPY OF THE PARTNERSHIP AGREEMENT, THE PLAN
AND THE PROFIT
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SHARING PLAN AND THAT THE RESTRICTED EQUITY UNITS ARE SUBJECT TO THE PARTNERSHIP
AGREEMENT, THE PLAN AND THE PROFIT SHARING PLAN.
THE TERMS AND PROVISIONS OF
THE PARTNERSHIP AGREEMENT, THE PLAN AND THE PROFIT SHARING PLAN AS MAY BE
AMENDED 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.
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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: Gordon Wilson
Address:
Telephone No.
Fax No.
Social Security No.:
Number of Restricted Equity Units: