No Retention. Rights Neither your Award nor this Agreement gives you the right to be employed or retained by the Company or a subsidiary of the Company in any capacity. The Company and its subsidiaries reserve the right to terminate your Service at any time, with or without cause. Adjustments In the event of a stock split, a stock dividend or a similar change in Company Shares, or an extraordinary dividend, or a merger or a reorganization of the Company, the forfeiture provisions described above will apply to all new, substitute or additional securities or other assets to which you are entitled by reason of your ownership of the Shares. Successors and Assigns Except as otherwise provided in the Plan or this Agreement, every term of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legatees, legal representatives, successors, transferees and assigns. Notice Any notice required or permitted under this Agreement shall be given in writing and shall be deemed effectively given upon the earliest of personal delivery, receipt or the third full day following mailing with postage and fees prepaid, addressed to the other party hereto at the address last known in the Company’s records or at such other address as such party may designate by ten (10) days’ advance written notice to the other party hereto. Applicable Law This Agreement will be interpreted and enforced under the laws of the State of California (without regard to their choice-of-law provisions). Miscellaneous You understand and acknowledge that (i) the Plan is entirely discretionary, (ii) the Company and your employer have reserved the right to amend, suspend or terminate the Plan at any time, (iii) the grant of your Award does not in any way create any contractual or other right to receive additional grants of awards (or benefits in lieu of awards) at any time or in any amount and (iv) all determinations VIOLIN MEMORY, INC. RESTRICTED STOCK AGREEMENT with respect to any additional grants, including (without limitation) the times when awards will be granted, the number of shares offered, the purchase price and the vesting schedule, will be at the sole discretion of the Company. The value of this Award shall be an extraordinary item of compensation outside the scope of your employment contract, if any, and shall not be considered a part of your normal or expected compensation for purposes of calculating severance, resignation, redundancy or end-of-service pay...
No Retention. Rights Neither this Award nor this Agreement gives you the right to be employed or retained by the Company or any Subsidiary or Affiliate of the Company in any capacity. The Company and its Subsidiaries and Affiliates reserve the right to terminate your Service at any time, with or without cause. Adjustments The number of Restricted Shares covered by this Award will be subject to adjustment in the event of a stock split, a stock dividend or a similar change in Shares, and in other circumstances, as set forth in the Plan. The forfeiture provisions and restrictions described above will apply to all new, substitute or additional restricted shares or securities to which you are entitled by reason of this Award.
No Retention. Rights Neither this Award nor this Agreement gives you the right to be employed or retained by the Company or any Subsidiary or Affiliate of the Company in any capacity. The Company and its Subsidiaries and Affiliates reserve the right to terminate your Service at any time, with or without cause. Adjustments The number of RSUs covered by this Award will be subject to adjustment in the event of a stock split, a stock dividend or a similar change in Shares, and in other circumstances, as set forth in the Plan. The forfeiture provisions and restrictions described above will apply to all new, substitute or additional restricted stock units or securities to which you are entitled by reason of this Award. Successors and Assigns Except as otherwise provided in the Plan or this Agreement, every term of this Agreement will be binding upon and inure to the benefit of the parties hereto and their respective heirs, legatees, legal representatives, successors, transferees and assigns. Notice Any notice required or permitted under this Agreement will be given in writing and will be deemed effectively given upon the earliest of personal delivery, receipt or the third (3rd) full day following mailing with postage and fees prepaid, addressed to the other party hereto at the address last known in the Company’s records or at such other address as such party may designate by ten (10) days’ advance written notice to the other party hereto.
No Retention. Rights This Agreement is not an employment or consulting agreement and does not give you the right to be retained in any capacity by the Company. The Company reserves the right to terminate your Service at any time and for any reason. Adjustments If any change in the outstanding Common Stock subject to this award results from any stock split, reverse stock split, combination, consolidation, spin-off, recapitalization, exchange of Shares, or any capital adjustment or transaction similar to the foregoing or any distribution to holders of Common Stock other than regular cash dividends, then (A) the number, kind and class of Shares covered by this award and (B) any other affected terms of this award, shall be proportionally adjusted to prevent dilution or enlargement of rights. No adjustment shall result in any fractional Stock Units remaining after the Award is adjusted and any such fractional amount shall be settled within 30 days by the Company with cash or other property. Legends All certificates representing the Common Stock issued under this award may, where applicable, have endorsed thereon the following legends and any other legend the Company determines appropriate: "THE SHARES REPRESENTED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE SOLD, PLEDGED, OR OTHERWISE TRANSFERRED WITHOUT AN EFFECTIVE REGISTRATION THEREOF UNDER SUCH ACT OR AN OPINION OF COUNSEL, SATISFACTORY TO THE COMPANY AND ITS COUNSEL, THAT SUCH REGISTRATION IS NOT REQUIRED." Notice Any notice to be given or delivered to the Company relating to this Agreement shall be in writing and addressed to the Company at its principal corporate offices. Any notice to be given or delivered to you relating to this Agreement shall be in writing and addressed to you at such address of which you advise the Company in writing. All notices shall be deemed effective upon personal delivery or upon deposit in the U.S. mail, postage prepaid and properly addressed to the party to be notified.
No Retention. Rights Neither your Award nor this Agreement gives you the right to be employed or retained by the Company or any subsidiary or affiliate of the Company to provide services in any capacity. The Company and its subsidiaries and affiliates reserve the right to terminate your employment or service at any time, with or without cause.
No Retention. Upon termination of a Contract where Provider no longer needs to retain Protected Purchasing Entity Information in order to perform its duties under a Contract, within ninety (90) days, Provider will promptly return, destroy, or erase all originals and copies of such Protected Purchasing Entity Information.
No Retention. Rights None of the Notice of Restricted Stock Award, this Agreement, or your award gives you the right to be retained by the Company or a parent, subsidiary or affiliate of the Company in any capacity. The Company and any parent, subsidiary or affiliate of the Company reserve the right to terminate your Service at any time, with or without cause. Adjustments In the event of a stock split, a stock dividend or a similar change in Company stock, the number of Shares that have not been transferred to you and remain subject to this award may be adjusted pursuant to the Plan. Applicable Law This Agreement will be interpreted and enforced under the laws of the State of Delaware (without regard to their choice-of-law provisions). The Plan and Other Agreements The text of the Plan is incorporated in this Agreement by reference. A copy of the Plan is available on the Company’s intranet or by request to the Company’s Finance Department. This Agreement, together with the Notice of Restricted Stock Award and the Plan, constitute the entire understanding between you and the Company regarding this award. Any prior agreements, commitments or negotiations concerning this award are superseded. This Agreement may be amended only by another written agreement between the parties. You agree to all of the terms and conditions described above and in the Packeteer 1999 Stock Incentive Plan.
No Retention. Provider will not gather, store, log, archive, use or otherwise retain any Protected Authorized Purchaser Information for any period longer than necessary for Provider to fulfill its obligations under this Contract. As soon as Provider no longer needs to retain Protected Authorized Purchaser Information in order to perform its duties under this Contract, Provider will promptly return or destroy or erase all originals and copies of such Protected Authorized Purchaser Information in accordance with Section 6 below. The following will be included when the Authorized Purchaser determines it is applicable:
No Retention. Provider will not gather, store, log, archive, use or otherwise retain any Protected Purchasing Entity Information for any period longer than necessary for Provider to fulfill its obligations under a Contract. As soon as Provider no longer needs to retain Protected Purchasing Entity Information in order to perform its duties under a Contract, Provider will promptly return, destroy, or erase all originals and copies of such Protected Purchasing Entity Information in accordance with Provider’s data retention policy and applicable law.
No Retention. (a) Upon Closing, neither Seller nor any of the Selling Subsidiaries shall retain copies in any form of any Products, Owned Business IP or Licensed Business IP included in the Purchased Assets or any tangible embodiments thereof and Seller and the Selling Subsidiaries shall cease all use of any of the foregoing; provided that Seller may (i) retain copies of technology specifically identified and licensed to Seller in the Transition Services Agreement and (ii) use certain Seller Trademark(s) consistent with its limited license rights under the Transition Services Agreement as contemplated by Section 6.6 of this Agreement. Upon Closing, Seller shall remove all data, content, graphics and other materials included within the Purchased Assets from the websites owned or controlled by Seller or any of the Selling Subsidiaries and no later than three (3) months following the Closing, Seller shall remove all references to Business products and services from such websites.
