Common use of Labor Law Acknowledgement Clause in Contracts

Labor Law Acknowledgement. The following provision supplements Paragraph 4 of the Agreement: Participant understands that YUM! has unilaterally, gratuitously and in its sole discretion decided to grant Restricted Stock Units to select Eligible Individuals who meet the eligibility requirements set forth in the Plan. The decision is a limited decision, which is entered into upon the express assumption and condition that any Restricted Stock Units granted will not economically or otherwise bind YUM! or any of its Subsidiaries on an ongoing basis, other than as expressly set forth in the Agreement. Consequently, Participant understands that the Restricted Stock Units granted hereunder are given on the assumption and condition that they shall not become a part of any employment contract (either with YUM! or any of its Subsidiaries) and shall not be considered a mandatory benefit, salary for any purposes (including severance compensation) or any other right whatsoever. Further, Participant understands and freely accepts that there is no guarantee that any benefit whatsoever shall arise from any gratuitous and discretionary grant of Restricted Stock Units since the future value of the Restricted Stock Units and the underlying Stock is unknown and unpredictable. In addition, Participant understands that any Restricted Stock Units granted hereunder would not be made but for the assumptions and conditions referred to above; thus, Participant understands, acknowledges and freely accepts that, should any or all of the assumptions be mistaken or should any of the conditions not be met for any reason, then any grant of Restricted Stock Units or right to Restricted Stock Units shall be null and void. Further, the vesting of the Restricted Stock Units is expressly conditioned on Participant's continued and active rendering of service, such that if his or her employment terminates for any reason whatsoever, the Restricted Stock Units may cease vesting immediately, in whole or in part, effective on the date of Participant's termination of employment except as otherwise specified in Paragraph 2 of the Agreement. This will be the case, for example, even if (1) Participant is considered to be unfairly dismissed without good cause; (2) Participant is dismissed for disciplinary or objective reasons or due to a collective dismissal; (3) Participant terminates service due to a change of work location, duties or any other employment or contractual condition; (4) Participant terminates service due to a unilateral breach of contract by YUM! or a Subsidiary; or (5) Participant's employment terminates for any other reason whatsoever. Consequently, upon termination of Participant's employment for any of the above reasons, Participant may automatically lose any rights to Restricted Stock Units that were not vested on the date of Participant's termination of employment unless otherwise provided in Paragraph 2 of the Agreement. Participant acknowledges that he or she has read and specifically accept the conditions referred to in Paragraph 4 of the Agreement. Notifications

Appears in 3 contracts

Samples: Restricted Stock Unit Agreement (Yum Brands Inc), Restricted Stock Unit Agreement (Yum Brands Inc), Restricted Stock Unit Agreement (Yum Brands Inc)

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Labor Law Acknowledgement. The following provision supplements Paragraph 4 Section IX of the Agreement: Participant understands By accepting the Award granted hereunder, you consent to participation in the Plan and the Program and acknowledge that YUM! you have received a copy of the Plan and the Program. You understand that the Company has unilaterally, gratuitously and in its sole discretion decided to grant Restricted Stock Units the Award under the Plan and the Program to select Eligible Individuals individuals who meet may be members of the eligibility requirements set forth in Board or Employees of the PlanCompany or its Affiliates throughout the world. The decision is a limited decision, which decision that is entered into upon the express assumption and condition that any Restricted Stock Units the Awards granted will not economically or otherwise bind YUM! the Company or any of its Subsidiaries Affiliates on an ongoing basis, other than as expressly set forth in the applicable Agreement, including this Appendix. Consequently, Participant understands you understand that the Restricted Stock Units Award granted hereunder are is given on the assumption and condition that they it shall not become a part of any employment contract (either with YUM! the Company or any of its SubsidiariesAffiliates) and shall not be considered a mandatory benefit, salary for any purposes (including severance compensation) or any other right whatsoever. Further, Participant understands you understand and freely accepts accept that there is no guarantee that any benefit whatsoever shall arise from any gratuitous and discretionary grant of Restricted Stock Units the Award since the future value of the Restricted Stock Units Award and the underlying Stock any Shares that may be issued in respect of such Award is unknown and unpredictable. In addition, Participant understands you understand that any Restricted Stock Units the Award granted hereunder would not be made but for the assumptions and conditions referred to above; thus, Participant understandsyou understand, acknowledges acknowledge and freely accepts accept that, should any or all of the assumptions be mistaken or should any of the conditions not be met for any reason, then any the grant of Restricted Stock Units the Award or right to Restricted Stock Units the Award shall be null and void. Further, the vesting of the Restricted Stock Performance Units is expressly conditioned on Participant's your continued and active rendering of service, such that if his or her your employment terminates for any reason whatsoever, the Restricted Stock Performance Units may cease vesting immediately, in whole or in part, effective on the date of Participant's your termination of employment except as (unless otherwise specified specifically provided in Paragraph 2 Section I of the Agreement). This will be the case, for example, even if (1) Participant is you are considered to be unfairly dismissed without good cause; (2) Participant is you are dismissed for disciplinary or objective reasons or due to a collective dismissal; (3) Participant terminates you terminate service due to a change of work location, duties or any other employment or contractual condition; (4) Participant terminates you terminate service due to a unilateral breach of contract by YUM! the Company or a Subsidiaryan Affiliate; or (5) Participant's your employment terminates for any other reason whatsoever. Consequently, upon termination of Participant's your employment for any of the above reasons, Participant you may automatically lose any rights to Restricted Stock Performance Units that were not vested on the date of Participant's your termination of employment unless otherwise provided employment, as described in Paragraph 2 of the Plan and the Agreement. Participant acknowledges You acknowledge that he or she has you have read and specifically accept the conditions referred to in Paragraph 4 Section I of the Agreement. NotificationsNOTIFICATIONS

Appears in 3 contracts

Samples: Amgen Inc, Amgen Inc, Amgen Inc

Labor Law Acknowledgement. The following provision supplements Paragraph 4 Section XI of the Agreement: Participant understands By accepting the Units granted hereunder, you consent to participation in the Plan and acknowledge that YUM! you have received a copy of the Plan. You understand that the Company has unilaterally, gratuitously and in its sole discretion decided to grant Restricted Stock any Units under the Plan to select Eligible Individuals individuals who meet may be members of the eligibility requirements set forth in Board or Employees of the PlanCompany or its Affiliates throughout the world. The decision is a limited decision, which is entered into upon the express assumption and condition that any Restricted Stock Units granted will not economically or otherwise bind YUM! the Company or any of its Subsidiaries Affiliates on an ongoing basis, other than as expressly set forth in the Agreement, including this Appendix. Consequently, Participant understands you understand that the Restricted Stock Units granted hereunder are given on the assumption and condition that they shall not become a part of any employment contract (either with YUM! the Company or any of its SubsidiariesAffiliates) and shall not be considered a mandatory benefit, salary for any purposes (including severance compensation) or any other right whatsoever. Further, Participant understands you understand and freely accepts accept that there is no guarantee that any benefit whatsoever shall arise from any gratuitous and discretionary grant of Restricted Stock Units since the future value of the Restricted Stock Units and the underlying Stock Shares is unknown and unpredictable. In addition, Participant understands you understand that any Restricted Stock Units granted hereunder would not be made but for the assumptions and conditions referred to above; thus, Participant understandsyou understand, acknowledges acknowledge and freely accepts accept that, should any or all of the assumptions be mistaken or should any of the conditions not be met for any reason, then any grant of Restricted Stock Units or right to Restricted Stock Units shall be null and void. Further, the vesting of the Restricted Stock Units is expressly conditioned on Participant's your continued and active rendering of service, such that if his or her your employment terminates for any reason whatsoever, the Restricted Stock Units may cease vesting immediately, in whole or in part, effective on the date of Participant's your termination of employment except as (unless otherwise specified specifically provided in Paragraph 2 Section I of the Agreement). This will be the case, for example, even if (1) Participant is you are considered to be unfairly dismissed without good causecause (i.e., subject to a “despido improcedente”); (2) Participant is you are dismissed for disciplinary or objective reasons or due to a collective dismissal; (3) Participant terminates you terminate service due to a change of work location, duties or any other employment or contractual condition; (4) Participant terminates you terminate service due to a unilateral breach of contract by YUM! the Company or a Subsidiaryan Affiliate; or (5) Participant's your employment terminates for any other reason whatsoever. Consequently, upon termination of Participant's your employment for any of the above reasons, Participant you may automatically lose any rights to Restricted Stock Units that were not vested on the date of Participant's your termination of employment unless otherwise provided employment, as described in Paragraph 2 of the Plan and the Agreement. Participant acknowledges You acknowledge that he or she has you have read and specifically accept the conditions referred to in Paragraph 4 Section I of the Agreement. NotificationsNOTIFICATIONS

Appears in 3 contracts

Samples: Restricted Stock Unit Agreement (Amgen Inc), Restricted Stock Unit Agreement (Amgen Inc), Restricted Stock Unit Agreement (Amgen Inc)

Labor Law Acknowledgement. The following provision supplements Paragraph 4 By accepting the Award, the Participant consents to participation in the Plan and acknowledges that the Participant has received a copy of the Agreement: Plan. The Participant understands that YUM! the Company has unilaterally, gratuitously and in its sole discretion decided to grant Restricted Stock Units the Award under the Plan to select Eligible Individuals individuals who meet may be employees of the eligibility requirements set forth in Company or its Subsidiaries throughout the Planworld. The decision is a limited decision, which is and entered into based upon the express assumption and condition that any Restricted Stock Units granted grant will not economically or otherwise bind YUM! the Company or any of its Subsidiaries Subsidiary on an ongoing basis, other than as expressly set forth in the Agreement. Consequently, the Participant understands that the Restricted Stock Units Award is granted hereunder are given on the assumption and condition that they the Award and any shares of Common Stock acquired pursuant to the Award shall not become a part of any employment or service contract (either whether with YUM! the Company or any of its SubsidiariesSubsidiary) and shall not be considered a mandatory benefit, salary for any purposes purpose (including severance compensation) or any other right whatsoever. FurtherFurthermore, the Participant understands and freely accepts that there is no guarantee that any benefit whatsoever shall arise from any the grant of the Award, which is gratuitous and discretionary grant of Restricted Stock Units discretionary, since the future value of the Restricted Stock Units Award and the underlying shares of Common Stock is unknown and unpredictable. In addition, the Participant understands that any Restricted Stock Units granted hereunder the grant of the Award would not be made but for the assumptions and conditions referred to aboveset forth hereinabove; thus, the Participant understands, acknowledges and freely accepts that, should any or all of the assumptions be mistaken or should any of the conditions not be met for any reason, then the Award and any grant of Restricted Stock Units or right to Restricted a cash payment or shares of Common Stock Units shall be null and void. Further, the vesting Participant understands and agrees that upon Termination of Employment, unless otherwise specifically provided in the Agreement or determined by the Committee or its designee, any unvested portion of the Restricted Stock Units Award will be immediately forfeited and, if the Award is expressly conditioned on Participant's continued and active rendering of servicean Option, such that if his or her employment terminates for any reason whatsoever, the Restricted Stock Units may cease vesting immediately, in whole or in part, effective on the date of Participant's termination of employment except as otherwise specified in Paragraph 2 vested portion of the Agreement. This will be Option shall remain exercisable only for the case, for example, even if (1) Participant is considered to be unfairly dismissed without good cause; (2) Participant is dismissed for disciplinary or objective reasons or due to a collective dismissal; (3) Participant terminates service due to a change of work location, duties or any other employment or contractual condition; (4) Participant terminates service due to a unilateral breach of contract by YUM! or a Subsidiary; or (5) Participant's employment terminates for any other reason whatsoever. Consequently, upon termination of Participant's employment for any of the above reasons, Participant may automatically lose any rights to Restricted Stock Units that were not vested on the date of Participant's termination of employment unless otherwise provided period described in Paragraph 2 of the Agreement. Participant acknowledges that he or she has read and specifically accept the conditions referred to in Paragraph Section 4 of the Agreement and shall be subject to the terms of the Plan and, thereafter, any unexercised portion of the Option will be forfeited. In particular, the Participant understands and agrees that, unless otherwise expressly provided in the Agreement or determined by the Committee or its designee, the unvested portion of the Award, and any vested portion of an Option that is not exercised within any post-termination exercise period described in the Agreement. Notifications, will be cancelled without entitlement to any shares of Common Stock or to any amount as indemnification if the Participant terminates employment by reason of, but not limited to, resignation; disciplinary dismissal adjudged to be with cause; disciplinary dismissal adjudged or recognized to be without good cause (i.e., subject to a "despido improcedente"); individual or collective layoff on objective grounds, whether adjudged to be with cause or adjudged or recognized to be without cause; material modification of the terms of employment under Article 41 of the Workers’ Statute; relocation under Article 40 of the Workers’ Statute; Article 50 of the Workers’ Statute; unilateral withdrawal by the Participant's employer; and under Article 10.3 of Royal Decree 1382/1985.

Appears in 3 contracts

Samples: Performance Restricted Stock Unit Award Agreement (Avaya Holdings Corp.), Restricted Stock Unit Award Agreement (Avaya Holdings Corp.), Non Qualified Stock Option Award Agreement (Avaya Holdings Corp.)

Labor Law Acknowledgement. The following provision supplements Paragraph 4 In accepting the Award, the Participant consents to participation in the Plan and acknowledges that the Participant has received a copy of the Plan. The Participant understands and agrees that except as provided for in Section 3 of the Award Agreement, the Participant’s termination of employment for any reason (including for the reasons listed below) automatically will result in the loss of the Award that may have been granted to Participant and that has not vested as of the Termination Date. In particular, the Participant understands and agrees that any unvested PSUs as of the Participant’s Termination Date will be forfeited without entitlement to the underlying shares of Common Stock or to any amount as indemnification in the event of a termination by reason of, including, but not limited to: resignation, disciplinary dismissal adjudged to be with cause, disciplinary dismissal adjudged or recognized to be without good cause (i.e., subject to a “despido improcedente”), individual or collective layoff on objective grounds, whether adjudged to be with cause or adjudged or recognized to be without cause, material modification of the terms of employment under Article 41 of the Workers’ Statute, relocation under Article 40 of the Workers’ Statute, Article 50 of the Workers’ Statute, unilateral withdrawal by the Service Recipient, and under Article 10.3 of Royal Decree 1382/1985. Furthermore, the Participant understands that YUM! the Company has unilaterally, gratuitously and in its sole discretion discretionally decided to grant Restricted Stock Units the Award under the Plan to select Eligible Individuals individuals who meet may be employees of the eligibility requirements set forth in the PlanCompany or its Subsidiaries. The decision is a limited decision, which decision that is entered into upon the express assumption and condition that any Restricted Stock Units granted grant will not economically or otherwise bind YUM! the Company or any of its Subsidiaries on an ongoing basis, basis other than as expressly to the extent set forth in the Award Agreement. Consequently, the Participant understands that the Restricted Stock Units Award is granted hereunder are given on the assumption and condition that they the Award and the shares of Common Stock issued upon settlement shall not become a part of any employment or contract (either with YUM! the Company or any of its Subsidiariesthe Participant’s employer) and shall not be considered a mandatory benefit, salary for any purposes (including severance compensation) or any other right whatsoever. FurtherFurthermore, the Participant understands and freely accepts that there is no guarantee that any benefit whatsoever shall will arise from any the Award, which is gratuitous and discretionary grant of Restricted Stock Units discretionary, since the future value of the Restricted Stock Units and the underlying shares of Common Stock is unknown and unpredictable. In addition, the Participant understands that any Restricted Stock Units granted hereunder the grant of the Award would not be made to the Participant but for the assumptions and conditions referred to above; thus, the Participant understands, acknowledges and freely accepts that, that should any or all of the assumptions be mistaken or should any of the conditions not be met for any reason, then any grant to Participant of Restricted Stock Units or right to Restricted Stock Units the Award shall be null and void. Further, the vesting of the Restricted Stock Units is expressly conditioned on Participant's continued and active rendering of service, such that if his or her employment terminates for any reason whatsoever, the Restricted Stock Units may cease vesting immediately, in whole or in part, effective on the date of Participant's termination of employment except as otherwise specified in Paragraph 2 of the Agreement. This will be the case, for example, even if (1) Participant is considered to be unfairly dismissed without good cause; (2) Participant is dismissed for disciplinary or objective reasons or due to a collective dismissal; (3) Participant terminates service due to a change of work location, duties or any other employment or contractual condition; (4) Participant terminates service due to a unilateral breach of contract by YUM! or a Subsidiary; or (5) Participant's employment terminates for any other reason whatsoever. Consequently, upon termination of Participant's employment for any of the above reasons, Participant may automatically lose any rights to Restricted Stock Units that were not vested on the date of Participant's termination of employment unless otherwise provided in Paragraph 2 of the Agreement. Participant acknowledges that he or she has read and specifically accept the conditions referred to in Paragraph 4 of the Agreement. Notifications.

Appears in 2 contracts

Samples: Performance Share Unit Award Agreement (Tenneco Inc), Performance Share Unit Award Agreement (Tenneco Inc)

Labor Law Acknowledgement. The following provision supplements Paragraph 4 Section XI of the Agreement: Participant understands By accepting the Units granted hereunder, you consent to participation in the Plan and acknowledge that YUM! you have received a copy of the Plan. You understand that the Company has unilaterally, gratuitously and in its sole discretion decided to grant Restricted Stock any Units under the Plan to select Eligible Individuals individuals who meet may be members of the eligibility requirements set forth in Board or Employees of the PlanCompany or its Affiliates throughout the world. The decision is a limited decision, which is entered into upon the express assumption and condition that any Restricted Stock Units granted will not economically or otherwise bind YUM! the Company or any of its Subsidiaries Affiliates on an ongoing basis, other than as expressly set forth in the Agreement, including this Appendix. Consequently, Participant understands you understand that the Restricted Stock Units granted hereunder are given on the assumption and condition that they shall not become a part of any employment contract (either with YUM! the Company or any of its SubsidiariesAffiliates) and shall not be considered a mandatory benefit, salary for any purposes (including severance compensation) or any other right whatsoever. Further, Participant understands you understand and freely accepts accept that there is no guarantee that any benefit whatsoever shall arise from any gratuitous and discretionary grant of Restricted Stock Units since the future value of the Restricted Stock Units and the underlying Stock Shares is unknown and unpredictable. In addition, Participant understands you understand that any Restricted Stock Units granted hereunder would not be made but for the assumptions and conditions referred to above; thus, Participant understandsyou understand, acknowledges acknowledge and freely accepts accept that, should any or all of the assumptions be mistaken or should any of the conditions not be met for any reason, then any grant of Restricted Stock Units or right to Restricted Stock Units shall be null and void. Further, the vesting of the Restricted Stock Units is expressly conditioned on Participant's your continued and active rendering of service, such that if his or her your employment terminates for any reason whatsoever, the Restricted Stock Units may cease vesting immediately, in whole or in part, effective on the date of Participant's your termination of employment except as (unless otherwise specified specifically provided in Paragraph 2 Section I of the Agreement). This will be the case, for example, even if (1) Participant is you are considered to be unfairly dismissed without good cause; (2) Participant is you are dismissed for disciplinary or objective reasons or due to a collective dismissal; (3) Participant terminates you terminate service due to a change of work location, duties or any other employment or contractual condition; (4) Participant terminates you terminate service due to a unilateral breach of contract by YUM! the Company or a Subsidiaryan Affiliate; or (5) Participant's your employment terminates for any other reason whatsoever. Consequently, upon termination of Participant's your employment for any of the above reasons, Participant you may automatically lose any rights to Restricted Stock Units that were not vested on the date of Participant's your termination of employment unless otherwise provided employment, as described in Paragraph 2 of the Plan and the Agreement. Participant acknowledges You acknowledge that he or she has you have read and specifically accept the conditions referred to in Paragraph 4 Section I of the Agreement. NotificationsNOTIFICATIONS

Appears in 2 contracts

Samples: Amgen Inc, Amgen Inc

Labor Law Acknowledgement. The following provision supplements Paragraph 4 Section XIII of the Agreement: Participant understands By accepting the Option granted hereunder, you consent to participation in the Plan and acknowledge that YUM! you have received a copy of the Plan. You understand that the Company has unilaterally, gratuitously and in its sole discretion decided to grant Restricted Stock Units the Option under the Plan to select Eligible Individuals individuals who meet may be members of the eligibility requirements set forth in Board, Employees or Consultants of the PlanCompany or its Affiliates throughout the world. The decision is a limited decision, which is entered into upon the express assumption and condition that any Restricted Stock Units the Option granted will not economically or otherwise bind YUM! the Company or any of its Subsidiaries Affiliates on an ongoing basis, other than as expressly set forth in the Agreement, including this Appendix. Consequently, Participant understands you understand that the Restricted Stock Units Option granted hereunder are is given on the assumption and condition that they it shall not become a part of any employment contract (either with YUM! the Company or any of its SubsidiariesAffiliates) and shall not be considered a mandatory benefit, salary for any purposes (including severance compensation) or any other right whatsoever. Further, Participant understands you understand and freely accepts accept that there is no guarantee that any benefit whatsoever shall arise from any gratuitous and discretionary grant of Restricted Stock Units the Option since the future value of the Restricted Stock Units Option and the underlying Stock Shares is unknown and unpredictable. In addition, Participant understands you understand that any Restricted Stock Units the Option granted hereunder would not be made but for the assumptions and conditions referred to above; thus, Participant understandsyou understand, acknowledges acknowledge and freely accepts accept that, should any or all of the assumptions be mistaken or should any of the conditions not be met for any reason, then any grant of Restricted Stock Units an Option or right to Restricted Stock Units an Option shall be null and void. Further, the vesting of the Restricted Stock Units Option is expressly conditioned on Participant's your continued and active rendering of service, such that if his or her your employment terminates for any reason whatsoever, the Restricted Stock Units Option may cease vesting immediately, in whole or in part, effective on the date of Participant's your termination of employment except as (unless otherwise specified specifically provided in Paragraph 2 Section IV of the Agreement). This will be the case, for example, even if (1) Participant is you are considered to be unfairly dismissed without good cause; (2) Participant is you are dismissed for disciplinary or objective reasons or due to a collective dismissal; (3) Participant terminates you terminate service due to a change of work location, duties or any other employment or contractual condition; (4) Participant terminates you terminate service due to a unilateral breach of contract by YUM! the Company or a Subsidiaryan Affiliate; or (5) Participant's your employment terminates for any other reason whatsoever. Consequently, upon termination of Participant's your employment for any of the above reasons, Participant you may automatically lose any rights to Restricted Stock Units Options that were not vested on the date of Participant's your termination of employment unless otherwise provided employment, as described in Paragraph 2 of the Plan and the Agreement. Participant acknowledges You acknowledge that he or she has you have read and specifically accept accepts the conditions referred to in Paragraph 4 Section IV of the Agreement. Notifications.

Appears in 1 contract

Samples: Amgen Inc

Labor Law Acknowledgement. The following provision supplements Paragraph 4 provisions supplement Sections 3, 7 and 9 of the Option Agreement: Participant . By accepting this Stock Option, the Optionee acknowledges that he or she consents to participation in the Plan and has received a copy of the Plan and the Agreement. The Optionee understands that YUM! the Company has unilaterally, gratuitously and in its sole discretion discretionally decided to grant Restricted Stock Units Options under the Plan to select Eligible Individuals individuals who meet may be employees or Consultants of the eligibility requirements set forth in Company or its Affiliates throughout the Planworld. The decision is a limited decision, which decision that is entered into upon the express assumption and condition that any Restricted Stock Units granted grant will not economically or otherwise bind YUM! the Company or any of its Subsidiaries on an ongoing basis, other than as expressly set forth in the AgreementAffiliates. Consequently, Participant the Optionee understands that the Restricted this Stock Units Option is granted hereunder are given on the assumption and condition that they this Stock Option and the shares of Stock acquired pursuant to this Stock Option shall not become a part of any employment or other service contract (either with YUM! the Company or any of its SubsidiariesAffiliates) and shall not be considered a mandatory benefit, salary for any purposes (including severance compensation) or any other right whatsoever. Further, Participant the Optionee understands and freely accepts that there is no guarantee that any benefit whatsoever shall arise from any gratuitous and discretionary grant of Restricted Stock Units award since the future value of the Restricted this Stock Units Option and the underlying shares of Stock is unknown and unpredictable. In addition, Participant the Optionee understands that any Restricted this grant of Stock Units granted hereunder Option would not be made to the Optionee but for the assumptions and conditions referred to aboveherein; thus, Participant understands, the Optionee acknowledges and freely accepts that, that should any or all of the assumptions be mistaken or should any of the conditions not be met for any reason, then any grant of Restricted Stock Units or right to Restricted this Stock Units Option shall be null and void. FurtherThe Optionee understands and agrees that, the vesting as a condition of the Restricted grant of this Stock Units is expressly conditioned on Participant's continued and active rendering Option the Optionee’s termination of service, such that if his or her employment terminates Service Relationship for any reason whatsoever, other than as set forth in Section 1 of the Restricted Option Agreement (including for the reasons listed below) will automatically result in the loss of this Stock Units may cease vesting immediately, in whole or in part, effective on Option to the extent this Stock Option has not vested as of the date of Participant's the Optionee’s termination of employment except as otherwise specified in Paragraph 2 of the AgreementService Relationship. This will be the case, for example, even if (1i) Participant the Optionee is considered to be unfairly dismissed without good causecause (i.e., subject to a “despido improcedente”); (2ii) Participant the Optionee is dismissed for disciplinary or objective reasons or due to a collective dismissal; (3iii) Participant the Optionee’s Service Relationship terminates service due to a change of work location, duties or any other employment or contractual condition; (4iv) Participant the Optionee’s Service Relationship terminates service due to a unilateral breach of the Optionee’s contract by YUM! the Company or a Subsidiaryan Affiliate; or (5v) Participant's employment the Optionee’s Service Relationship terminates for any other reason whatsoever. Consequently, upon termination of Participant's employment the Service Relationship for any of the above reasons, Participant he or she may automatically lose any rights to Restricted this Stock Units Option that were not vested on the date of Participant's his or her termination of employment unless otherwise provided Service Relationship, as described in Paragraph 2 of the Plan and this Agreement. Participant The Optionee acknowledges that he or she has read and specifically accept accepts the conditions referred to in Paragraph 4 Sections 2, 3, 7(j) and 9 of the Option Agreement. Notifications​ ​

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Plug Power Inc)

Labor Law Acknowledgement. The following provision supplements Paragraph 4 Section IX of the Agreement: Participant understands By accepting the Award granted hereunder, you consent to participation in the Plan and the Program and acknowledge that YUM! you have received a copy of the Plan and the Program. You understand that the Company has unilaterally, gratuitously and in its sole discretion decided to grant Restricted Stock Units the Award under the Plan and the Program to select Eligible Individuals individuals who meet may be members of the eligibility requirements set forth in Board or Employees of the PlanCompany or its Affiliates throughout the world. The decision is a limited decision, which decision that is entered into upon the express assumption and condition that any Restricted Stock Units the Awards granted will not economically or otherwise bind YUM! the Company or any of its Subsidiaries Affiliates on an ongoing basis, other than as expressly set forth in the applicable Agreement, including this Appendix. Consequently, Participant understands you understand that the Restricted Stock Units Award granted hereunder are is given on the assumption and condition that they it shall not become a part of any employment contract (either with YUM! the Company or any of its SubsidiariesAffiliates) and shall not be considered a mandatory benefit, salary for any purposes (including severance compensation) or any other right whatsoever. Further, Participant understands you understand and freely accepts accept that there is no guarantee that any benefit whatsoever shall arise from any gratuitous and discretionary grant of Restricted Stock Units the Award since the future value of the Restricted Stock Units Award and the underlying Stock any Shares that may be issued in respect of such Award is unknown and unpredictable. In addition, Participant understands you understand that any Restricted Stock Units the Award granted hereunder would not be made but for the assumptions and conditions referred to above; thus, Participant understandsyou understand, acknowledges acknowledge and freely accepts accept that, should any or all of the assumptions be mistaken or should any of the conditions not be met for any reason, then any the grant of Restricted Stock Units the Award or right to Restricted Stock Units the Award shall be null and void. Further, the vesting of the Restricted Stock Performance Units is expressly conditioned on Participant's your continued and active rendering of service, such that if his or her your employment terminates for any reason whatsoever, the Restricted Stock Performance Units may cease vesting immediately, in whole or in part, effective on the date of Participant's your termination of employment except as (unless otherwise specified specifically provided in Paragraph 2 Section I of the Agreement). This will be the case, for example, even if (1) Participant is you are considered to be unfairly dismissed without good causecause (i.e., subject to a “despido improcedente”); (2) Participant is you are dismissed for disciplinary or objective reasons or due to a collective dismissal; (3) Participant terminates you terminate service due to a change of work location, duties or any other employment or contractual condition; (4) Participant terminates you terminate service due to a unilateral breach of contract by YUM! the Company or a Subsidiaryan Affiliate; or (5) Participant's your employment terminates for any other reason whatsoever. Consequently, upon termination of Participant's your employment for any of the above reasons, Participant you may automatically lose any rights to Restricted Stock Performance Units that were not vested on the date of Participant's your termination of employment unless otherwise provided employment, as described in Paragraph 2 of the Plan and the Agreement. Participant acknowledges You acknowledge that he or she has you have read and specifically accept the conditions referred to in Paragraph 4 Section I of the Agreement. NotificationsNOTIFICATIONS

Appears in 1 contract

Samples: Performance Unit Agreement (Amgen Inc)

Labor Law Acknowledgement. The following provision supplements Paragraph 4 Section XII of the Agreement: Participant understands By accepting the Option granted hereunder, you consent to participation in the Plan and acknowledge that YUM! you have received a copy of the Plan. You understand that the Company has unilaterally, gratuitously and in its sole discretion decided to grant Restricted Stock Units the Option under the Plan to select Eligible Individuals individuals who meet may be members of the eligibility requirements set forth in Board, Employees or Consultants of the PlanCompany or its Affiliates throughout the world. The decision is a limited decision, which is entered into upon the express assumption and condition that any Restricted Stock Units the Option granted will not economically or otherwise bind YUM! the Company or any of its Subsidiaries Affiliates on an ongoing basis, other than as expressly set forth in the Agreement, including this Appendix. Consequently, Participant understands you understand that the Restricted Stock Units Option granted hereunder are is given on the assumption and condition that they it shall not become a part of any employment contract (either with YUM! the Company or any of its SubsidiariesAffiliates) and shall not be considered a mandatory benefit, salary for any purposes (including severance compensation) or any other right whatsoever. Further, Participant understands you understand and freely accepts accept that there is no guarantee that any benefit whatsoever shall arise from any gratuitous and discretionary grant of Restricted Stock Units the Option since the future value of the Restricted Stock Units Option and the underlying Stock Shares is unknown and unpredictable. In addition, Participant understands you understand that any Restricted Stock Units the Option granted hereunder would not be made but for the assumptions and conditions referred to above; thus, Participant understandsyou understand, acknowledges acknowledge and freely accepts accept that, should any or all of the assumptions be mistaken or should any of the conditions not be met for any reason, then any grant of Restricted Stock Units an Option or right to Restricted Stock Units an Option shall be null and void. Further, the vesting of the Restricted Stock Units Option is expressly conditioned on Participant's your continued and active rendering of service, such that if his or her your employment terminates for any reason whatsoever, the Restricted Stock Units Option may cease vesting immediately, in whole or in part, effective on the date of Participant's your termination of employment except as (unless otherwise specified specifically provided in Paragraph 2 Section IV of the Agreement). This will be the case, for example, even if (1) Participant is you are considered to be unfairly dismissed without good cause; (2) Participant is you are dismissed for disciplinary or objective reasons or due to a collective dismissal; (3) Participant terminates you terminate service due to a change of work location, duties or any other employment or contractual condition; (4) Participant terminates you terminate service due to a unilateral breach of contract by YUM! the Company or a Subsidiaryan Affiliate; or (5) Participant's your employment terminates for any other reason whatsoever. Consequently, upon termination of Participant's your employment for any of the above reasons, Participant you may automatically lose any rights to Restricted Stock Units Options that were not vested on the date of Participant's your termination of employment unless otherwise provided employment, as described in Paragraph 2 of the Plan and the Agreement. Participant acknowledges You acknowledge that he or she has you have read and specifically accept the conditions referred to in Paragraph 4 Section IV of the Agreement. NotificationsNOTIFICATIONS

Appears in 1 contract

Samples: Amgen Inc

Labor Law Acknowledgement. The following provision supplements Paragraph 4 Section X of the Agreement: Participant understands By accepting the Units granted hereunder, you consent to participation in the Plan and acknowledge that YUM! you have received a copy of the Plan. You understand that the Company has unilaterally, gratuitously and in its sole discretion decided to grant Restricted Stock any Units under the Plan to select Eligible Individuals individuals who meet may be members of the eligibility requirements set forth in Board, Employees or Consultants of the PlanCompany or its Affiliates throughout the world. The decision is a limited decision, which is entered into upon the express assumption and condition that any Restricted Stock Units granted will not economically or otherwise bind YUM! the Company or any of its Subsidiaries Affiliates on an ongoing basis, other than as expressly set forth in the Agreement, including this Appendix. Consequently, Participant understands you understand that the Restricted Stock Units granted hereunder are given on the assumption and condition that they shall not become a part of any employment contract (either with YUM! the Company or any of its SubsidiariesAffiliates) and shall not be considered a mandatory benefit, salary for any purposes (including severance compensation) or any other right whatsoever. Further, Participant understands you understand and freely accepts accept that there is no guarantee that any benefit whatsoever shall arise from any gratuitous and discretionary grant of Restricted Stock Units since the future value of the Restricted Stock Units and the underlying Stock Shares is unknown and unpredictable. In addition, Participant understands you understand that any Restricted Stock Units granted hereunder would not be made but for the assumptions and conditions referred to above; thus, Participant understandsyou understand, acknowledges acknowledge and freely accepts accept that, should any or all of the assumptions be mistaken or should any of the conditions not be met for any reason, then any grant of Restricted Stock Units or right to Restricted Stock Units shall be null and void. Further, the vesting of the Restricted Stock Units is expressly conditioned on Participant's your continued and active rendering of service, such that if his or her your employment terminates for any reason whatsoever, the Restricted Stock Units may cease vesting immediately, in whole or in part, effective on the date of Participant's your termination of employment except as (unless otherwise specified specifically provided in Paragraph 2 Section I of the Agreement). This will be the case, for example, even if (1) Participant is you are considered to be unfairly dismissed without good cause; (2) Participant is you are dismissed for disciplinary or objective reasons or due to a collective dismissal; (3) Participant terminates you terminate service due to a change of work location, duties or any other employment or contractual condition; (4) Participant terminates you terminate service due to a unilateral breach of contract by YUM! the Company or a Subsidiary; or (5) Participant's your employment terminates for any other reason whatsoever. Consequently, upon termination of Participant's your employment for any of the above reasons, Participant you may automatically lose any rights to Restricted Stock Units that were not vested on the date of Participant's your termination of employment unless otherwise provided employment, as described in Paragraph 2 of the Plan and the Agreement. Participant acknowledges You acknowledge that he or she has you have read and specifically accept accepts the conditions referred to in Paragraph 4 Section I of the Agreement. Notifications.

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (Amgen Inc)

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Labor Law Acknowledgement. The following provision supplements Paragraph 4 In accepting the Award, the Participant consents to participation in the Plan and acknowledges that the Participant has received a copy of the Plan. The Participant understands and agrees that except as provided for in Section 3 of the Award Agreement, the Participant’s termination of employment for any reason (including for the reasons listed below) automatically will result in the loss of the Award that may have been granted to Participant and that has not vested as of the Termination Date. In particular, the Participant understands and agrees that any unvested PSUs as of the Participant’s Termination Date will be forfeited without entitlement to a cash payment or to any amount as indemnification in the event of a termination by reason of, including, but not limited to: resignation, disciplinary dismissal adjudged to be with cause, disciplinary dismissal adjudged or recognized to be without good cause (i.e., subject to a “despido improcedente”), individual or collective layoff on objective grounds, whether adjudged to be with cause or adjudged or recognized to be without cause, material modification of the terms of employment under Article 41 of the Workers’ Statute, relocation under Article 40 of the Workers’ Statute, Article 50 of the Workers’ Statute, unilateral withdrawal by the Service Recipient, and under Article 10.3 of Royal Decree 1382/1985. AMECURRENT 741325962.3 6-May-21 16:47 Furthermore, the Participant understands that YUM! the Company has unilaterally, gratuitously and in its sole discretion discretionally decided to grant Restricted Stock Units the Award under the Plan to select Eligible Individuals individuals who meet may be employees of the eligibility requirements set forth in the PlanCompany or its Subsidiaries. The decision is a limited decision, which decision that is entered into upon the express assumption and condition that any Restricted Stock Units granted grant will not economically or otherwise bind YUM! the Company or any of its Subsidiaries on an ongoing basis, basis other than as expressly to the extent set forth in the Award Agreement. Consequently, the Participant understands that the Restricted Stock Units Award is granted hereunder are given on the assumption and condition that they the Award and the cash paid upon settlement shall not become a part of any employment or contract (either with YUM! the Company or any of its Subsidiariesthe Participant’s employer) and shall not be considered a mandatory benefit, salary for any purposes (including severance compensation) or any other right whatsoever. FurtherFurthermore, the Participant understands and freely accepts that there is no guarantee that any benefit whatsoever shall will arise from any the Award, which is gratuitous and discretionary grant of Restricted Stock Units discretionary, since the future value of the Restricted Stock Units and the underlying shares of Common Stock is unknown and unpredictable. In addition, the Participant understands that any Restricted Stock Units granted hereunder the grant of the Award would not be made to the Participant but for the assumptions and conditions referred to above; thus, the Participant understands, acknowledges and freely accepts that, that should any or all of the assumptions be mistaken or should any of the conditions not be met for any reason, then any grant to Participant of Restricted Stock Units or right to Restricted Stock Units the Award shall be null and void. Further, the vesting of the Restricted Stock Units is expressly conditioned on Participant's continued and active rendering of service, such that if his or her employment terminates for any reason whatsoever, the Restricted Stock Units may cease vesting immediately, in whole or in part, effective on the date of Participant's termination of employment except as otherwise specified in Paragraph 2 of the Agreement. This will be the case, for example, even if (1) Participant is considered to be unfairly dismissed without good cause; (2) Participant is dismissed for disciplinary or objective reasons or due to a collective dismissal; (3) Participant terminates service due to a change of work location, duties or any other employment or contractual condition; (4) Participant terminates service due to a unilateral breach of contract by YUM! or a Subsidiary; or (5) Participant's employment terminates for any other reason whatsoever. Consequently, upon termination of Participant's employment for any of the above reasons, Participant may automatically lose any rights to Restricted Stock Units that were not vested on the date of Participant's termination of employment unless otherwise provided in Paragraph 2 of the Agreement. Participant acknowledges that he or she has read and specifically accept the conditions referred to in Paragraph 4 of the Agreement. Notifications.

Appears in 1 contract

Samples: Performance Share Unit Award Agreement (Tenneco Inc)

Labor Law Acknowledgement. The following provision supplements Paragraph 4 Section IX of the Agreement: Participant understands By accepting the Award granted hereunder, you consent to participation in the Plan and the Program and acknowledge that YUM! you have received a copy of the Plan and the Program. You understand that the Company has unilaterally, gratuitously and in its sole discretion decided to grant Restricted Stock Units the Award under the Plan and the Program to select Eligible Individuals individuals who meet may be members of the eligibility requirements set forth in Board or Employees of the PlanCompany or its Affiliates throughout the world. The decision is a limited decision, which decision that is entered into upon the express assumption and condition that any Restricted Stock Units the Awards granted will not economically or otherwise bind YUM! the Company or any of its Subsidiaries Affiliates on an ongoing basis, other than as expressly set forth in the applicable Agreement, including this Appendix. Consequently, Participant understands you understand that the Restricted Stock Units Award granted hereunder are is given on the assumption and condition that they it shall not become a part of any employment contract (either with YUM! the Company or any of its SubsidiariesAffiliates) and shall not be considered a mandatory benefit, salary for any purposes (including severance compensation) or any other right whatsoever. Further, Participant understands you understand and freely accepts accept that there is no guarantee that any benefit whatsoever shall arise from any gratuitous and discretionary grant of Restricted Stock Units the Award since the future value of the Restricted Stock Units Award and the underlying Stock any Shares that may be issued in respect of such Award is unknown and unpredictable. In addition, Participant understands you understand that any Restricted Stock Units the Award granted hereunder would not be made but for the assumptions and conditions referred to above; thus, Participant understandsyou understand, acknowledges acknowledge and freely accepts accept that, should any or all of the assumptions be mistaken or should any of the conditions not be met for any reason, then any the grant of Restricted Stock Units the Award or right to Restricted Stock Units the Award shall be null and void. Further, the vesting of the Restricted Stock Performance Units is expressly conditioned on Participant's your continued and active rendering of service, such that if his or her your employment terminates for any reason whatsoever, the Restricted Stock Performance Units may cease vesting immediately, in whole or in part, effective on the date of Participant's your termination of employment except as (unless otherwise specified specifically provided in Paragraph 2 Section I of the Agreement). This will be the case, for example, even if (1) Participant is you are considered to be unfairly dismissed without good causecause (i.e., subject to a “despido improcedente”); (2) Participant is you are dismissed for disciplinary or objective reasons or due to a collective dismissal; (3) Participant terminates you terminate service due to a change of work location, duties or any other employment or contractual condition; (4) Participant terminates you terminate service due to a unilateral breach of contract by YUM! the Company or a Subsidiaryan Affiliate; or (5) Participant's your employment terminates for any other reason whatsoever. Consequently, upon termination of Participant's your employment for any of Appendix A-23 the above reasons, Participant you may automatically lose any rights to Restricted Stock Performance Units that were not vested on the date of Participant's your termination of employment unless otherwise provided employment, as described in Paragraph 2 of the Plan and the Agreement. Participant acknowledges You acknowledge that he or she has you have read and specifically accept the conditions referred to in Paragraph 4 Section I of the Agreement. NotificationsNOTIFICATIONS

Appears in 1 contract

Samples: Amgen Inc

Labor Law Acknowledgement. The following provision supplements Paragraph 4 Section IX of the Agreement: Participant understands By accepting the Award granted hereunder, you consent to participation in the Plan and the Program and acknowledge that YUM! you have received a copy of the Plan and the Program. You understand that the Company has unilaterally, gratuitously and in its sole discretion decided to grant Restricted Stock Units the Award under the Plan and the Program to select Eligible Individuals individuals who meet may be members of the eligibility requirements set forth in Board, Employees, or Consultants of the PlanCompany or its Affiliates throughout the world. The decision is a limited decision, which decision that is entered into upon the express assumption and condition that any Restricted Stock Units the Awards granted will not economically or otherwise bind YUM! the Company or any of its Subsidiaries Affiliates on an ongoing basis, other than as expressly set forth in the applicable Agreement, including this Appendix. Consequently, Participant understands you understand that the Restricted Stock Units Award granted hereunder are is given on the assumption and condition that they it shall not become a part of any employment contract (either with YUM! the Company or any of its SubsidiariesAffiliates) and shall not be considered a mandatory benefit, salary for any purposes (including severance compensation) or any other right whatsoever. Further, Participant understands you understand and freely accepts accept that there is no guarantee that any benefit whatsoever shall arise from any gratuitous and discretionary grant of Restricted Stock Units the Award since the future value of the Restricted Award and any shares of Common Stock Units and the underlying Stock that may be issued in respect of such Award is unknown and unpredictable. In addition, Participant understands you understand that any Restricted Stock Units the Award granted hereunder would not be made but for the assumptions and conditions referred to above; thus, Participant understandsyou understand, acknowledges acknowledge and freely accepts accept that, should any or all of the assumptions be mistaken or should any of the conditions not be met for any reason, then any the grant of Restricted Stock Units the Award or right to Restricted Stock Units the Award shall be null and void. Further, the vesting of the Restricted Stock Performance Units is expressly conditioned on Participant's your continued and active rendering of service, such that if his or her your employment terminates for any reason whatsoever, the Restricted Stock Performance Units may cease vesting immediately, in whole or in part, effective on the date of Participant's your termination of employment except as (unless otherwise specified specifically provided in Paragraph 2 Section I of the Agreement). This will be the case, for example, even if (1) Participant is you are considered to be unfairly dismissed without good cause; (2) Participant is you are dismissed for disciplinary or objective reasons or due to a collective dismissal; (3) Participant terminates you terminate service due to a change of work location, duties or any other employment or contractual condition; (4) Participant terminates you terminate service due to a unilateral breach of contract by YUM! the Company or a Subsidiaryan Affiliate; or (5) Participant's your employment terminates for any other reason whatsoever. Consequently, upon termination of Participant's your employment for any of the above reasons, Participant you may automatically lose any rights to Restricted Stock Performance Units that were not vested on the date of Participant's your termination of employment unless otherwise provided employment, as described in Paragraph 2 of the Plan and the Agreement. Participant acknowledges You acknowledge that he or she has you have read and specifically accept accepts the conditions referred to in Paragraph 4 Section I of the Agreement. Notifications.

Appears in 1 contract

Samples: Amgen Inc

Labor Law Acknowledgement. The following provision supplements Paragraph 4 Section 6 (No Special Employment Rights; No Rights to Awards) of the Agreement: Participant understands By accepting the RSUs granted hereunder, you consent to participation in the Plan and acknowledge that YUM! you have received a copy of the Plan. You understand that the Corporation has unilaterally, gratuitously and in its sole discretion decided to grant Restricted Stock Units any RSUs under the Plan to select Eligible Individuals individuals who meet may be employees of the eligibility requirements set forth in Corporation Group throughout the Planworld. The decision is a limited decision, which is entered into upon the express assumption and condition that any Restricted Stock Units the RSU granted will not economically or otherwise bind YUM! the Corporation or any of its Subsidiaries affiliates on an ongoing basis, other than as expressly set forth in the Agreement. , including this Appendix A. Consequently, Participant understands you understand that the Restricted Stock Units RSUs granted hereunder are given on the assumption and condition that they shall not become a part of any employment contract (either with YUM! the Corporation or any of its Subsidiariesaffiliates) and shall not be considered a mandatory benefit, salary for any purposes (including severance compensation) or any other right whatsoever. Further, Participant understands you understand and freely accepts accept that there is no guarantee that any benefit whatsoever shall arise from any gratuitous and discretionary grant of Restricted Stock Units RSUs since the future value of the Restricted Stock Units RSUs and the underlying shares of Common Stock is unknown and unpredictable. In addition, Participant understands you understand that any Restricted Stock Units RSUs granted hereunder would not be made but for the assumptions and conditions referred to above; thus, Participant understandsyou understand, acknowledges acknowledge and freely accepts accept that, should any or all of the assumptions be mistaken or should any of the conditions not be met for any reason, then any grant of Restricted Stock Units RSUs or right to Restricted Stock Units RSUs shall be null and void. Further, the vesting of the Restricted Stock Units RSUs is expressly conditioned on Participant's continued and your active rendering of serviceemployment status with the Corporation Group, such that if his or her employment terminates for any reason whatsoeveryour Service terminates, the Restricted Stock Units RSUs may cease vesting immediatelyimmediately and be forfeited, in whole or in part, effective on the date of Participant's your termination of employment except as Employment (unless otherwise specified specifically provided in Paragraph 2 Section 2(c) (Certain Terminations) of the Agreement). This will be the case, for example, even if (1) Participant is you are considered to be unfairly dismissed without good causecause (i.e., subject to a “despido improcedente”); (2) Participant is you are dismissed for disciplinary or objective reasons or due to a collective dismissal; (3) Participant terminates service you terminate Service due to a change of work location, duties or any other employment or contractual condition; or (4) Participant terminates service you terminate Service due to a unilateral breach of contract by YUM! the Corporation or a Subsidiary; or (5) Participant's employment terminates for any other reason whatsoeveran affiliate of the Corporation. Consequently, upon termination of Participant's employment your Employment for any of the above reasons, Participant may you will automatically lose any rights to Restricted Stock Units RSUs that were not vested on the date of Participant's your termination of employment unless otherwise provided Employment except as described in Paragraph 2 Section 2(c) of the Agreement. Participant acknowledges You acknowledge that he or she has you have read and specifically accept the conditions referred to in Paragraph 4 Section 2 of the Agreement. NotificationsNOTIFICATIONS

Appears in 1 contract

Samples: Restricted Share Unit Award Agreement (Johnson & Johnson)

Labor Law Acknowledgement. The following provision supplements Paragraph 4 Section XI of the Agreement: Participant understands By accepting the Units granted hereunder, you consent to participation in the Plan and acknowledge that YUM! you have received a copy of the Plan. You understand that the Company has unilaterally, gratuitously and in its sole discretion decided to grant Restricted Stock any Units under the Plan to select Eligible Individuals individuals who meet may be members of the eligibility requirements set forth in Board, Employees or Consultants of the PlanCompany or its Affiliates throughout the world. The decision is a limited decision, which is entered into upon the express assumption and condition that any Restricted Stock Units granted will not economically or otherwise bind YUM! the Company or any of its Subsidiaries Affiliates on an ongoing basis, other than as expressly set forth in the Agreement, including this Appendix. Consequently, Participant understands you understand that the Restricted Stock Units granted hereunder are given on the assumption and condition that they shall not become a part of any employment contract (either with YUM! the Company or any of its SubsidiariesAffiliates) and shall not be considered a mandatory benefit, salary for any purposes (including severance compensation) or any other right whatsoever. Further, Participant understands you understand and freely accepts accept that there is no guarantee that any benefit whatsoever shall arise from any gratuitous and discretionary grant of Restricted Stock Units since the future value of the Restricted Stock Units and the underlying Stock Shares is unknown and unpredictable. In addition, Participant understands you understand that any Restricted Stock Units granted hereunder would not be made but for the assumptions and conditions referred to above; thus, Participant understandsyou understand, acknowledges acknowledge and freely accepts accept that, should any or all of the assumptions be mistaken or should any of the conditions not be met for any reason, then any grant of Restricted Stock Units or right to Restricted Stock Units shall be null and void. Further, the vesting of the Restricted Stock Units is expressly conditioned on Participant's your continued and active rendering of service, such that if his or her your employment terminates for any reason whatsoever, the Restricted Stock Units may cease vesting immediately, in whole or in part, effective on the date of Participant's your termination of employment except as (unless otherwise specified specifically provided in Paragraph 2 Section I of the Agreement). This will be the case, for example, even if (1) Participant is you are considered to be unfairly dismissed without good cause; (2) Participant is you are dismissed for disciplinary or objective reasons or due to a collective dismissal; (3) Participant terminates you terminate service due to a change of work location, duties or any other employment or contractual condition; (4) Participant terminates you terminate service due to a unilateral breach of contract by YUM! the Company or a Subsidiaryan Affiliate; or (5) Participant's your employment terminates for any other reason whatsoever. Consequently, upon termination of Participant's your employment for any of the above reasons, Participant you may automatically lose any rights to Restricted Stock Units that were not vested on the date of Participant's your termination of employment unless otherwise provided employment, as described in Paragraph 2 of the Plan and the Agreement. Participant acknowledges You acknowledge that he or she has you have read and specifically accept the conditions referred to in Paragraph 4 Section I of the Agreement. NotificationsNOTIFICATIONS

Appears in 1 contract

Samples: Amgen Inc

Labor Law Acknowledgement. The following provision supplements Paragraph 4 In accepting the Award, the Participant consents to participation in the Plan and acknowledges that the Participant has received a copy of the Plan. The Participant understands and agrees that except as provided for in Section 2 of the Award Agreement, the Participant’s termination of employment for any reason (including for the reasons listed below) automatically will result in the loss of the Award that may have been granted to Participant and that has not vested on the Termination Date. In particular, the Participant understands and agrees that any unvested Restricted Stock Units as of the Participant’s Termination Date will be forfeited without entitlement to the underlying shares of Common Stock or to any amount as indemnification in the event of a termination by reason of, including, but not limited to: resignation, disciplinary dismissal adjudged to be with cause, disciplinary dismissal adjudged or recognized to be without good cause (i.e., subject to a “despido improcedente”), individual or collective layoff on objective grounds, whether adjudged to be with cause or adjudged or recognized to be without cause, material modification of the terms of employment under Article 41 of the Workers’ Statute, relocation under Article 40 of the Workers’ Statute, Article 50 of the Workers’ Statute, unilateral withdrawal by the Service Recipient, and under Article 10.3 of Royal Decree 1382/1985. Furthermore, the Participant understands that YUM! the Company has unilaterally, gratuitously and in its sole discretion discretionally decided to grant Restricted Stock Units the Award under the Plan to select Eligible Individuals individuals who meet may be employees of the eligibility requirements set forth in the PlanCompany or its Subsidiaries. The decision is a limited decision, which decision that is entered into upon the express assumption and condition that any Restricted Stock Units granted grant will not economically or otherwise bind YUM! the Company or any of its Subsidiaries on an ongoing basis, basis other than as expressly to the extent set forth in the Award Agreement. Consequently, the Participant understands that the Restricted Stock Units Award is granted hereunder are given on the assumption and condition that they the Award and the shares of Common Stock issued upon settlement shall not become a part of any employment or contract (either with YUM! the Company or any of its Subsidiariesthe Participant’s employer) and shall not be considered a mandatory benefit, salary for any purposes (including severance compensation) or any other right whatsoever. FurtherFurthermore, the Participant understands and freely accepts that there is no guarantee that any benefit whatsoever shall will arise from any the Award, which is gratuitous and discretionary grant of Restricted Stock Units discretionary, since the future value of the Restricted Stock Units and the underlying shares of Common Stock is unknown and unpredictable. In addition, the Participant understands that any Restricted Stock Units granted hereunder the grant of the Award would not be made to the Participant but for the assumptions and conditions referred to above; thus, the Participant understands, acknowledges and freely accepts that, that should any or all of the assumptions be mistaken or should any of the conditions not be met for any reason, then any grant to Participant of Restricted Stock Units or right to Restricted Stock Units the Award shall be null and void. Further, the vesting of the Restricted Stock Units is expressly conditioned on Participant's continued and active rendering of service, such that if his or her employment terminates for any reason whatsoever, the Restricted Stock Units may cease vesting immediately, in whole or in part, effective on the date of Participant's termination of employment except as otherwise specified in Paragraph 2 of the Agreement. This will be the case, for example, even if (1) Participant is considered to be unfairly dismissed without good cause; (2) Participant is dismissed for disciplinary or objective reasons or due to a collective dismissal; (3) Participant terminates service due to a change of work location, duties or any other employment or contractual condition; (4) Participant terminates service due to a unilateral breach of contract by YUM! or a Subsidiary; or (5) Participant's employment terminates for any other reason whatsoever. Consequently, upon termination of Participant's employment for any of the above reasons, Participant may automatically lose any rights to Restricted Stock Units that were not vested on the date of Participant's termination of employment unless otherwise provided in Paragraph 2 of the Agreement. Participant acknowledges that he or she has read and specifically accept the conditions referred to in Paragraph 4 of the Agreement. NotificationsAMECURRENT 741065166.2 6-May-21 16:53 SWEDEN

Appears in 1 contract

Samples: Award Agreement (Tenneco Inc)

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