HEREIN BY REFERENCE AND MADE A PART
HEREOF, AND THE OPTION AND THIS AGREEMENT ARE SUBJECT TO ALL TERMS AND
CONDITIONS OF THE PLAN. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THE PLAN AND
THIS AGREEMENT, THE PROVISIONS OF THE PLAN SHALL GOVERN. BY SIGNING THIS
AGREEMENT, EXECUTIVE ACKNOWLEDGES HAVING RECEIVED AND READ A COPY OF THE PLAN.
5.17.
CONSENT. IN THE COURSE OF EXECUTIVE'S EMPLOYMENT, THE COMPANY MAY
OBTAIN OR HAVE ACCESS TO CERTAIN INFORMATION ABOUT EXECUTIVE AND EXECUTIVE'S
EMPLOYMENT, SUCH AS INFORMATION ABOUT EXECUTIVE'S JOB, APPRAISALS, PERFORMANCE,
HEALTH, COMPENSATION, BENEFITS, TRAINING, ABSENCE, EDUCATION, CONTACT DETAILS,
DISABILITIES, SOCIAL SECURITY NUMBER (OR EQUIVALENT) AND INFORMATION OBTAINED
FROM REFERENCES OR BACKGROUND CHECKS (COLLECTIVELY, "PERSONAL
14
INFORMATION"). THE COMPANY WILL USE PERSONAL INFORMATION IN CONNECTION WITH
EXECUTIVE'S EMPLOYMENT, TO PROVIDE EXECUTIVE WITH HEALTH AND OTHER BENEFITS, AND
IN ORDER TO FULFILL ITS LEGAL AND REGULATORY OBLIGATIONS. DUE TO THE GLOBAL
NATURE OF THE COMPANY'S BUSINESS AND THE NEED TO CENTRALIZE THE COMPANY'S
INFORMATION AND TECHNOLOGY STORAGE SYSTEMS, THE COMPANY MAY TRANSFER, USE OR
STORE EXECUTIVE'S PERSONAL INFORMATION IN A COUNTRY OR CONTINENT OUTSIDE THE
COUNTRY WHERE EXECUTIVE WORKS OR LIVES, AND MAY ALSO TRANSFER EXECUTIVE'S
PERSONAL INFORMATION TO ITS OTHER GROUP COMPANIES, TO ITS INSURERS AND SERVICE
PROVIDERS AS NECESSARY OR APPROPRIATE, AND TO ANY PARTY THAT IT MERGES WITH OR
WHICH PURCHASES ALL OR A SUBSTANTIAL PORTION OF ITS ASSETS, SHARES, OR BUSINESS
(ANY OF WHICH MAY ALSO BE LOCATED OUTSIDE THE COUNTRY OR CONTINENT WHERE
EXECUTIVE WORKS OR LIVES). THE COMPANY MAY ALSO DISCLOSE EXECUTIVE'S PERSONAL
INFORMATION WHEN IT IS LEGALLY REQUIRED TO DO SO OR TO GOVERNMENTAL, FISCAL OR
REGULATORY AUTHORITIES (FOR EXAMPLE, TO TAX AUTHORITIES IN ORDER TO CALCULATE
EXECUTIVE'S APPROPRIATE TAXATION, COMPENSATION OR SALARY PAYMENTS). THE COMPANY
MAY DISCLOSE PERSONAL INFORMATION AS NOTED ABOVE, INCLUDING TO ANY OF THE THIRD
PARTIES AND FOR ANY OF THE REASONS LISTED ABOVE, WITHOUT FURTHER NOTICE TO
EXECUTIVE. BY SIGNING BELOW, EXECUTIVE CONSENTS TO THE COMPANY COLLECTING,
RETAINING, DISCLOSING AND USING PERSONAL INFORMATION AS OUTLINED ABOVE, AND TO
TRANSFER SUCH INFORMATION INTERNATIONALLY AND/OR TO THIRD PARTIES FOR THESE
PURPOSES.
5.18.
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