SUCH PROVISIONS SHALL BE MODIFIED TO THE
MINIMUM EXTENT NECESSARY TO MAKE IT OR ITS APPLICATION VALID AND ENFORCEABLE.
13.
NOTICES.
ANY NOTICE REQUIRED OR PERMITTED
HEREUNDER SHALL BE GIVEN IN WRITING AND SHALL BE DEEMED EFFECTIVELY GIVEN UPON
PERSONAL DELIVERY, UPON DEPOSIT FOR DELIVERY BY AN INTERNATIONALLY RECOGNIZED
EXPRESS MAIL COURIER SERVICE OR UPON DEPOSIT IN THE UNITED STATES MAIL BY
CERTIFIED MAIL (IF THE PARTIES ARE WITHIN THE UNITED STATES), WITH POSTAGE AND
FEES PREPAID, ADDRESSED TO THE OTHER PARTY AT ITS ADDRESS AS SHOWN IN THESE
INSTRUMENTS, OR TO SUCH OTHER ADDRESS AS SUCH PARTY MAY DESIGNATE IN WRITING
FROM TIME TO TIME TO THE OTHER PARTY.
14.
DATA PRIVACY.
THE GRANTEE HEREBY EXPLICITLY
AND UNAMBIGUOUSLY CONSENTS TO THE COLLECTION, USE AND TRANSFER, IN ELECTRONIC OR
OTHER FORM, OF THE GRANTEE'S PERSONAL DATA AS DESCRIBED IN THIS AGREEMENT BY AND
AMONG, AS APPLICABLE, THE GRANTEE'S EMPLOYER, THE COMPANY, AND ANY AFFILIATE FOR
THE EXCLUSIVE PURPOSE OF IMPLEMENTING, ADMINISTERING AND MANAGING THE GRANTEE'S
PARTICIPATION IN THE PLAN.
THE GRANTEE UNDERSTANDS THAT THE COMPANY OR ANY
AFFILIATE MAY HOLD CERTAIN PERSONAL INFORMATION ABOUT THE GRANTEE, INCLUDING,
BUT NOT LIMITED TO, THE GRANTEE'S NAME, HOME ADDRESS AND TELEPHONE NUMBER, DATE
OF BIRTH, SOCIAL SECURITY/INSURANCE NUMBER OR OTHER IDENTIFICATION NUMBER,
SALARY, NATIONALITY, JOB TITLE, ANY SHARES OF STOCK OR DIRECTORSHIPS HELD IN THE
COMPANY, DETAILS OF ALL AWARDS OR ANY OTHER ENTITLEMENT TO SHARES AWARDED,
CANCELED, VESTED, UNVESTED OR OUTSTANDING IN THE GRANTEE'S FAVOR, FOR THE
PURPOSE OF IMPLEMENTING, ADMINISTERING AND MANAGING THE PLAN ("DATA").
THE
GRANTEE UNDERSTANDS THAT DATA MAY BE TRANSFERRED TO ANY THIRD PARTIES ASSISTING
IN THE IMPLEMENTATION, ADMINISTRATION AND MANAGEMENT OF THE PLAN, THAT THESE
RECIPIENTS MAY BE LOCATED IN THE GRANTEE'S COUNTRY, OR ELSEWHERE, AND THAT THE
RECIPIENT'S COUNTRY MAY HAVE DIFFERENT DATA PRIVACY LAWS AND PROTECTIONS THAN
THE GRANTEE'S COUNTRY.
THE GRANTEE UNDERSTANDS THAT THE GRANTEE MAY REQUEST A
LIST WITH THE NAMES AND ADDRESSES OF ANY POTENTIAL RECIPIENTS OF THE DATA BY
CONTACTING THE GRANTEE'S LOCAL HUMAN RESOURCES REPRESENTATIVE.
THE GRANTEE
AUTHORIZES THE RECIPIENTS TO RECEIVE, POSSESS, USE, RETAIN AND TRANSFER THE
DATA, IN ELECTRONIC OR OTHER FORM, FOR THE PURPOSES OF IMPLEMENTING,
ADMINISTERING AND MANAGING THE GRANTEE'S PARTICIPATION IN THE PLAN, INCLUDING
ANY REQUISITE TRANSFER OF SUCH DATA AS MAY BE REQUIRED TO A BROKER, ESCROW AGENT
OR OTHER THIRD PARTY WITH WHOM THE SHARES RECEIVED UPON VESTING OF THE UNITS MAY
BE DEPOSITED.
THE GRANTEE UNDERSTANDS THAT DATA WILL BE HELD PURSUANT TO THIS
SECTION 12 ONLY AS LONG AS IS NECESSARY TO IMPLEMENT, ADMINISTER AND MANAGE THE
GRANTEE'S PARTICIPATION IN THE PLAN.
THE GRANTEE UNDERSTANDS THAT THE GRANTEE
MAY, AT ANY TIME, VIEW DATA, REQUEST ADDITIONAL INFORMATION ABOUT THE STORAGE
AND PROCESSING OF DATA, REQUIRE ANY NECESSARY AMENDMENTS TO DATA OR REFUSE OR
WITHDRAW THE CONSENTS HEREIN, IN ANY CASE WITHOUT COST, BY CONTACTING IN WRITING
THE GRANTEE'S LOCAL HUMAN
5
RESOURCES REPRESENTATIVE.
THE GRANTEE UNDERSTANDS THAT REFUSAL OR WITHDRAWAL OF
CONSENT MAY AFFECT THE GRANTEE'S ABILITY TO PARTICIPATE IN