EVEN IF THE
PURCHASER REQUESTS THE COMPANY OR ITS REPRESENTATIVES TO MAKE THIS FILING ON THE
PURCHASER'S BEHALF.
9.
NO GUARANTEE OF CONTINUED SERVICE.
PURCHASER ACKNOWLEDGES AND AGREES
THAT THE RELEASE OF SHARES FROM THE REPURCHASE OPTION OF THE COMPANY PURSUANT TO
SECTION 4 HEREOF IS EARNED ONLY BY CONTINUING SERVICE AS
A SERVICE PROVIDER AT
THE WILL OF THE COMPANY
(NOT THROUGH THE ACT OF BEING HIRED OR PURCHASING
SHARES HERE­UNDER).
PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT THIS
AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET
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 PURCHASER'S RIGHT
OR THE COMPANY'S RIGHT TO TERMI­NATE PURCHASER'S CONTINUOUS STATUS AT ANY TIME,
WITH OR WITHOUT CAUSE.
(A)
NATURE OF GRANT. IN ACCEPTING THE OFFER TO ACQUIRE SHARES, PURCHASER
ACKNOWLEDGES THAT: (A) THE PLAN IS ESTABLISHED VOLUNTARILY BY THE COMPANY, IT IS
DISCRETIONARY IN NATURE AND IT MAY BE MODIFIED, AMENDED, SUSPENDED OR TERMINATED
BY THE COMPANY AT ANY TIME, UNLESS OTHERWISE PROVIDED IN THE PLAN AND THIS
AGREEMENT; (B) THE GRANT OF A STOCK PURCHASE RIGHT AND RESTRICTED STOCK IS
VOLUNTARY AND OCCASIONAL AND DOES NOT CREATE ANY CONTRACTUAL OR OTHER RIGHT TO
RECEIVE FUTURE GRANTS OF STOCK PURCHASE RIGHTS OR RESTRICTED STOCK, OR BENEFITS
IN LIEU OF SUCH GRANTS EVEN IF SUCH AWARDS HAVE BEEN GRANTED REPEATEDLY IN THE
PAST; (C) ALL DECISIONS WITH RESPECT TO FUTURE STOCK PURCHASE RIGHTS, IF ANY,
WILL BE AT THE SOLE DISCRETION OF THE COMPANY; (D) PURCHASER IS VOLUNTARILY
PARTICIPATING IN THE PLAN; (E) THE GRANT OF STOCK PURCHASE RIGHTS AND RESTRICTED
STOCK IS AN EXTRAORDINARY ITEM THAT DOES NOT CONSTITUTE COMPENSATION OF ANY KIND
FOR SERVICES OF ANY KIND RENDERED TO THE COMPANY; (F) THE STOCK PURCHASE RIGHT
AND RESTRICTED STOCK ARE NOT PART OF NORMAL OR EXPECTED COMPENSATION OR SALARY
FOR ANY PURPOSES, INCLUDING, BUT NOT LIMITED TO, RESIGNATION, TERMINATION,
REDUNDANCY, BONUSES, LONG-SERVICE AWARDS, PENSION OR RETIREMENT BENEFITS, LIFE
INSURANCE, 401(K) PROFIT SHARING OR SIMILAR PAYMENTS; (G) THE FUTURE VALUE OF
THE SHARES IS UNKNOWN AND CANNOT BE PREDICTED WITH CERTAINTY; AND (H) THAT THE
COMPANY WILL HAVE THE EXCLUSIVE DISCRETION TO DETERMINE WHEN PURCHASER IS NO
LONGER PROVIDING ONGOING SERVICE TO THE COMPANY FOR PURPOSES OF ADMINISTERING
PURCHASER'S GRANT OF STOCK PURCHASE RIGHTS OR RESTRICTED STOCK.
(B)
DATA PRIVACY. BY ACCEPTING THIS STOCK PURCHASE RIGHT OR ANY RESTRICTED
STOCK IN PAYMENT THEREOF, PURCHASER EXPLICITLY AND UNAMBIGUOUSLY CONSENTS TO THE
COLLECTION, USE AND TRANSFER, IN ELECTRONIC OR OTHER FORM, OF PURCHASER'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 PURCHASER'S PARTICIPATION IN THE PLAN.
FOR THE PURPOSE OF IMPLEMENTING, ADMINISTERING AND MANAGING THE PLAN, PURCHASER
UNDERSTANDS THAT THE COMPANY
HOLDS CERTAIN PERSONAL INFORMATION ABOUT
PURCHASER, INCLUDING, BUT NOT LIMITED TO, PURCHASER'S NAME, HOME ADDRESS AND
TELEPHONE NUMBER, DATE