withholding tax, FBT or
NIC the Grantee is liable for (including pursuant to the preceding paragraph)
and the Company will account to Grantee for any balance.
Grantee acknowledges and agrees that the Company may refuse to deliver Shares if
Grantee has not made appropriate arrangements with the Company to satisfy tax
withholding requirements, FBT or NIC.
8.
No Guarantee of Continued Service.
GRANTEE ACKNOWLEDGES AND
AGREES THAT THE VESTING OF RSUs PURSUANT TO THE NOTICE OF GRANT OF RSUs HEREOF
IS EARNED ONLY BY CONTINUING SERVICE AS A SERVICE PROVIDER AT THE WILL OF THE
COMPANY (NOT THROUGH THE ACT OF BEING HIRED).
GRANTEE FURTHER ACKNOWLEDGES AND
AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE
VESTING SCHEDULE SET
5
FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED
ENGAGEMENT AS A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT
ALL, AND WILL NOT INTERFERE WITH GRANTEE'S RIGHT OR THE COMPANY'S RIGHT TO
TERMINATE GRANTEE'S SERVICE PROVIDER STATUS AT ANY TIME, WITH OR WITHOUT CAUSE,
EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW.
ACCORDINGLY, GRANTEE DOES NOT
HAVE ANY ENTITLEMENT TO A RSU IF GRANTEE RESIGNS OR IF THERE IS A VESTING
CESSATION DATE FOR ANY REASON PRIOR TO THE DATE THAT THE RSU VESTS.
9.
DATA PRIVACY.
BY ACCEPTING THIS RESTRICTED STOCK UNIT AGREEMENT
OR ANY SHARES UPON VESTING THEREOF, GRANTEE EXPLICITLY AND UNAMBIGUOUSLY
CONSENTS TO THE COLLECTION, USE AND TRANSFER, IN ELECTRONIC OR OTHER FORM, OF
GRANTEE'S PERSONAL DATA AS DESCRIBED IN THIS DOCUMENT BY AND AMONG, AS
APPLICABLE, THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES FOR THE EXCLUSIVE
PURPOSE OF IMPLEMENTING, ADMINISTERING AND MANAGING GRANTEE'S PARTICIPATION IN
THE PLAN.
FOR THE PURPOSE OF IMPLEMENTING, ADMINISTERING AND MANAGING THE PLAN,
GRANTEE UNDERSTANDS THAT THE COMPANY HOLDS CERTAIN PERSONAL INFORMATION ABOUT
GRANTEE, INCLUDING, BUT NOT LIMITED TO, GRANTEE'S NAME, HOME ADDRESS AND
TELEPHONE NUMBER, DATE OF BIRTH, TAX ID OR OTHER IDENTIFICATION NUMBER, SALARY,
NATIONALITY, JOB TITLE, ANY EQUITY OR DIRECTORSHIPS HELD IN THE COMPANY, DETAILS
OF ALL EQUITY AWARDS OR ANY ENTITLEMENT TO SHARES AWARDED, CANCELED, EXERCISED,
VESTED, UNVESTED OR OUTSTANDING IN GRANTEE'S FAVOR, FOR THE PURPOSE OF
IMPLEMENTING, ADMINISTERING AND MANAGING THE PLAN ("DATA").
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 GRANTEE'S COUNTRY OR ELSEWHERE.
THE COMPANY, AS A GLOBAL
COMPANY, MAY TRANSFER GRANTEE'S PERSONAL DATA TO COUNTRIES THAT MAY NOT PROVIDE
AN ADEQUATE LEVEL OF PROTECTION.
THE COMPANY, HOWEVER, IS COMMITTED TO
PROVIDING A SUITABLE AND CONSISTENT LEVEL OF PROTECTION FOR GRANTEE'S PERSONAL
DATA REGARDLESS OF THE COUNTRY IN WHICH IT RESIDES.
GRANTEE UNDERSTANDS THAT
GRANTEE MAY REQUEST INFORMATION REGARDING THE COMPANY'S STOCK PLAN
ADMINISTRATION BY CONTACTING HUMAN RESOURCES, THE CHIEF FINANCIAL OFFICER OR
THEIR DESIGNEE.
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 GRANTEE'S PARTICIPATION IN THE PLAN,
INCLUDING ANY