Common use of Plan Clause in Contracts

Plan. The Option and all rights of the Participant under this Option Agreement are subject to, and the Participant agrees to be bound by, all of the terms and conditions of the Plan, incorporated herein by this reference. In the event of a conflict or inconsistency between the terms and conditions of this Option Agreement and of the Plan, the terms and conditions of the Plan shall govern. The Participant acknowledges receipt of a copy of the Plan and agrees to be bound by the terms thereof and of this Option Agreement. The Participant acknowledges reading and understanding the Plan and this Option Agreement. Unless otherwise expressly provided in other sections of this Option Agreement, provisions of the Plan that confer discretionary authority on the Board or the Committee do not and shall not be deemed to create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Committee so conferred by appropriate action of the Board or the Committee under the Plan after the date hereof.

Appears in 12 contracts

Samples: Stock Option Agreement (Corinthian Colleges Inc), Nonqualified Stock Option Agreement (Corinthian Colleges Inc), Restricted Stock Award Agreement (Luminent Mortgage Capital Inc)

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Plan. The Option and all rights of the Participant under this Option Agreement are subject to, and the Participant agrees to be bound by, all of the terms and conditions of the Plan, incorporated herein by this reference. In the event of a conflict or inconsistency between the terms and conditions of this Option Agreement and of the Plan, the terms and conditions of the Plan this Option Agreement shall govern. The Participant acknowledges receipt of a copy of the Plan and agrees to be bound by the terms thereof and of this Option Agreement. The Participant acknowledges reading and understanding the Plan and this Option Agreement. Unless otherwise expressly provided in other sections of this Option Agreement, provisions of the Plan that confer discretionary authority on the Board or the Committee do not and shall not be deemed to create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Committee so conferred by appropriate action of the Board or the Committee under the Plan after the date hereof.

Appears in 7 contracts

Samples: Nonqualified Stock Option Agreement (Venoco, Inc.), Nonqualified Stock Option Agreement (Venoco, Inc.), Nonqualified Stock Option Agreement (Venoco, Inc.)

Plan. The Option and all rights of the Participant under this Option Agreement are subject to, and the Participant agrees to be bound by, all of the terms and conditions of the Plan, incorporated herein by this reference. In the event of a conflict or inconsistency between the terms and conditions of this Option Agreement and of the Plan, the terms and conditions of the Plan shall govern. The Participant acknowledges receipt of a copy of the Plan and agrees to be bound by the terms thereof and of this Option Agreementthereof. The Participant acknowledges reading and understanding the Plan and this Option AgreementPlan. Unless otherwise expressly provided in other sections of this Option Agreement, provisions of the Plan that confer discretionary authority on the Board or the Committee do not and shall not be deemed to create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Committee so conferred by appropriate action of the Board or the Committee under the Plan after the date hereof.

Appears in 5 contracts

Samples: Option Agreement (Golden State Water CO), Option Agreement (American States Water Co), Option Agreement (Seracare Life Sciences Inc)

Plan. The Option and all rights of the Participant under this Option Agreement are subject to, and the Participant agrees to be bound by, all of the terms and conditions of the Plan, incorporated herein by this reference. In the event of a conflict or inconsistency between the terms and conditions of this Option Agreement and of the Plan, the terms and conditions of the Plan shall govern. The Participant acknowledges receipt of a copy of the Plan and agrees to be bound by the terms thereof and of this Option Agreementthereof. The Participant acknowledges reading and understanding the Plan and this Option AgreementPlan. Unless otherwise expressly provided in other sections of this Option Agreement, provisions of the Plan that confer discretionary authority on the Board or the Committee do not and shall not be deemed to create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Committee so conferred by appropriate action of the Board or the Committee under the Plan after the date hereof.. -----

Appears in 3 contracts

Samples: Option Agreement (Corinthian Colleges Inc), Nonqualified Stock Option Agreement (Corinthian Colleges Inc), Plan Replacement Stock Option Agreement (Korn Ferry International)

Plan. The Option and all rights of the Participant under this Option Agreement are subject to, and the Participant agrees to be bound by, all of the terms and conditions of the Plan, incorporated herein by this reference. In the event of a conflict or inconsistency between the terms and conditions of this Option Agreement and of the Plan, the terms and conditions of the Plan shall govern. The Participant acknowledges receipt of a copy of the Plan and agrees to be bound by the terms thereof and of this Option Agreementthereof. The Participant acknowledges reading and understanding the Plan Plan, the prospectus for the Plan, and this Option Agreement. Unless otherwise expressly provided in other sections of this Option Agreement, provisions of the Plan that confer discretionary authority on the Board or the Committee do not and shall not be deemed to create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Committee so conferred by appropriate action of the Board or the Committee under the Plan after the date hereof.

Appears in 3 contracts

Samples: Option Agreement (Golden State Water CO), Option Agreement (American States Water Co), Nonqualified Stock Option Agreement (Golden State Water CO)

Plan. The Option and all rights of the Participant Grantee under this Option Agreement are subject to, and the Participant Grantee agrees to be bound by, all of the terms and conditions of the Plan, incorporated herein by this reference. In the event of a conflict or inconsistency between the terms and conditions of this Option Agreement and of the Plan, the terms and conditions of the Plan shall govern. The Participant acknowledges receipt of a copy of the Plan and Grantee agrees to be bound by the terms thereof of the Plan and of this Option AgreementAgreement (including these Terms). The Participant Grantee acknowledges reading having read and understanding the Plan and this Option Agreement. Unless otherwise expressly provided in other sections of this Option Agreement, provisions of the Plan that confer discretionary authority on the Board or the Committee Administrator do not and shall not be deemed to create any rights in the Participant Grantee unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Committee Administrator so conferred by appropriate action of the Board or the Committee Administrator under the Plan after the date hereof.

Appears in 2 contracts

Samples: Employee Share Option Agreement (Acorn International, Inc.), Stock Option Agreement (China Finance Online Co. LTD)

Plan. The Option Award and all rights of the Participant Employee under this Option Agreement are subject to, and the Participant Employee agrees to be bound by, all of the terms and conditions of the provisions of the Plan, incorporated herein by this reference. In the event of a conflict or inconsistency between the terms and conditions of this Option Agreement and of the Plan, the terms and conditions of the Plan shall govern. The Participant acknowledges receipt of a copy of the Plan and Employee agrees to be bound by the terms thereof and of this Option Agreement. The Participant acknowledges reading and understanding the Plan and this Option Agreement. The Employee acknowledges having read and understanding the Plan, the Prospectus for the Plan, and this Agreement. Unless otherwise expressly provided in other sections of this Option Agreement, provisions of the Plan that confer discretionary authority on the Board or the Committee do not (and shall not be deemed to to) create any rights in the Participant Employee unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Committee so conferred by appropriate action of the Board or the Committee under the Plan after the date hereof.

Appears in 2 contracts

Samples: Power One (Power One Inc), Power One (Power One Inc)

Plan. The Option and all rights of the Participant under this Option Agreement are subject to, and the Participant agrees to be bound by, all of the terms and conditions of the provisions of the Plan, incorporated herein by this reference. In the event of a conflict or inconsistency between the terms and conditions of this Option Agreement and of the Plan, the terms and conditions of the Plan shall govern. The Participant acknowledges receipt of a copy of the Plan Plan, including all appendices thereto, and agrees to be bound by the terms thereof and of this Option Agreementthereof. The Participant acknowledges reading and understanding the Plan plan and this Option Agreementall appendices thereto. Unless otherwise expressly provided in other sections of this Option Agreement, provisions of the Plan that confer discretionary authority on the Board (or the Committee Committee) do not (and shall not be deemed to to) create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board (or the Committee Committee) so conferred by appropriate action of the Board (or the Committee Committee) under the Plan after the date hereof.

Appears in 2 contracts

Samples: Exercise Agreement (Trizetto Group Inc), Nonqualified Stock Option Agreement (Trizetto Group Inc)

Plan. The Option and all rights of Whether or not the Participant Stock Units are settled under this Option Agreement are subject tothe Plan, and the Participant Employee agrees to be bound by, by all of the terms and conditions of the provisions of the Plan, incorporated herein by this reference. In the event of a conflict or inconsistency between the terms and conditions of this Option Agreement and of the Plan, the terms and conditions of the Plan shall govern. The Participant acknowledges receipt of a copy of the Plan and Employee agrees to be bound by the terms thereof and of this Option Agreement. The Participant acknowledges reading and understanding the Plan and this Option Agreement. The Employee acknowledges having read and understanding the Plan, the Prospectus for the Plan, and this Agreement. Unless otherwise expressly provided in other sections of this Option Agreement, provisions of the Plan that confer discretionary authority on the Board or the Committee do not (and shall not be deemed to to) create any rights in the Participant Employee unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Committee so conferred by appropriate action of the Board or the Committee under the Plan after the date hereof. Notwithstanding the foregoing or any other provision of this Agreement, Section 7.7 of the Plan shall not be applicable to this Award.

Appears in 1 contract

Samples: Stock Unit Award Agreement (Power One Inc)

Plan. The Option and all rights of the Participant Employee under this Option Agreement are subject to, and the Participant Employee agrees to be bound by, all of the terms and conditions of the provisions of the Plan, incorporated herein by this reference, to the extent such provisions are applicable to options granted to Eligible Persons. In the event of a conflict or inconsistency between the terms and conditions of this Option Agreement and of the Plan, the terms and conditions of the Plan shall govern. The Participant Employee acknowledges receipt of a copy of the Plan and agrees to be bound by the terms thereof and of this Option Agreement. The Participant acknowledges reading and understanding the Plan and this Option Agreementthereof. Unless otherwise expressly provided in other sections of this Option Agreement, provisions of the Plan that confer discretionary authority on the Board or the Committee do not (and shall not be deemed to to) create any rights in the Participant Employee unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Committee so conferred by appropriate action of the Board or the Committee under the Plan after the date hereof.

Appears in 1 contract

Samples: Exercise Agreement (Power One Inc)

Plan. The Option Award and all rights of the Participant Grantee under this Option Agreement are subject to, and the Participant Grantee agrees to be bound by, all of the terms and conditions of the Plan, incorporated herein by this reference. In the event of a conflict or inconsistency between the terms and conditions of this Option Agreement and of the Plan, the terms and conditions of the Plan shall govern. The Participant acknowledges receipt of a copy of the Plan and Grantee agrees to be bound by the terms thereof and of this Option Agreement. The Participant acknowledges reading and understanding the Plan and this Option Agreement. The Grantee acknowledges having read and understood the Plan, the Prospectus for the Plan, and this Agreement. Unless otherwise expressly provided in other sections of this Option Agreement, provisions of the Plan that confer discretionary authority on the Board or the Committee do not and shall not be deemed to create any rights in the Participant Grantee unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Committee so conferred by appropriate action of the Board or the Committee under the Plan after the date hereof.

Appears in 1 contract

Samples: Restricted Stock Agreement (Guess Inc)

Plan. The Option and all rights of the Participant under this Option Agreement Optionee thereunder are subject to, and the Participant Optionee agrees to be bound by, all of the terms and conditions of the provisions of the Plan, incorporated herein by this reference, to the extent such provisions are applicable to options granted to Eligible Persons. In the event of a any conflict or inconsistency between the terms of the Plan and conditions the terms of this Option Agreement and of the PlanAgreement, the terms and conditions of the Plan shall governgovern the Option granted hereby. The Participant Optionee acknowledges receipt of a copy of the Plan Plan, which is made a part hereof by this reference, and agrees to be bound by the terms thereof and of this Option Agreement. The Participant acknowledges reading and understanding the Plan and this Option Agreementthereof. Unless otherwise expressly provided in other sections Sections of this Option Agreement, provisions of the Plan that confer discretionary authority on the Board or the Committee do not (and shall not be deemed to to) create any rights in the Participant Optionee unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Committee so conferred by appropriate action of the Board or the Committee under the Plan after the date hereof. 10.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Golf Trust of America Inc)

Plan. The Option and all rights of the Participant Optionee under this Option Agreement are subject to, and the Participant Optionee agrees to be bound by, all of the terms and conditions of the Plan, incorporated herein by this reference. In the event of a conflict or inconsistency between the terms and conditions of this Option Agreement and of the Plan, the terms and conditions of the Plan shall govern. The Participant acknowledges receipt of a copy of the Plan and Optionee agrees to be bound by the terms thereof of the Plan and of this Option AgreementAgreement (including these Terms). The Participant Optionee acknowledges reading having read and understanding the Plan Plan, the Prospectus for the Plan, and this Option Agreement. Unless otherwise expressly provided in other sections of this Option Agreement, provisions of the Plan that confer discretionary authority on the Board or the Committee do not and shall not be deemed to create any rights in the Participant Optionee unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Committee so conferred by appropriate action of the Board or the Committee under the Plan after the date hereof.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Red Robin Gourmet Burgers Inc)

Plan. The Option and all rights of the Participant Grantee under this Option Agreement are subject to, and the Participant Grantee agrees to be bound by, all of the terms and conditions of the Plan, incorporated herein by this reference. In the event of a conflict or inconsistency between the terms and conditions of this Option Agreement and of the Plan, the terms and conditions of the Plan shall govern. The Participant acknowledges receipt of a copy of the Plan and Grantee agrees to be bound by the terms thereof of the Plan and of this Option AgreementAgreement (including these Terms). The Participant Grantee acknowledges reading having read and understanding the Plan and this Option Agreement. Unless otherwise expressly provided in other sections of this Option Agreement, provisions of the Plan that confer discretionary authority on the Board or the Committee do not and shall not be deemed to create any rights in the Participant Grantee unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Committee so conferred by appropriate action of the Board or the Committee under the Plan after the date hereof.

Appears in 1 contract

Samples: Employee Share Option Agreement (Origin Agritech LTD)

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Plan. The Option and all rights of the Participant under this Option Agreement Optionee thereunder are subject to, and the Participant Optionee agrees to be bound by, all of the terms and conditions of the provisions of the Plan, incorporated herein by this reference. In the event of a conflict or inconsistency between the terms and conditions of this Option Agreement and of the Plan, the terms and conditions of the Plan shall govern. The Participant Optionee acknowledges receipt of a copy of the Plan Plan, which is made a part hereof by this reference, and agrees to be bound by the terms thereof and of this Option Agreement. The Participant acknowledges reading and understanding the Plan and this Option Agreementthereof. Unless otherwise expressly provided in other sections Sections of this Option Agreement, provisions of the Plan that confer discretionary authority on the Board or the Committee do not (and shall not be deemed to to) create any rights in the Participant Optionee, unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Committee so conferred by appropriate action of the Board or the Committee under the Plan after the date hereof.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Gemstar Tv Guide International Inc)

Plan. The Option and all rights of the Participant under this Option Agreement are subject to, and the Participant agrees to be bound by, all of the terms and conditions of the Plan, incorporated herein by this reference. In the event of a conflict or inconsistency between the terms and conditions of this Option Agreement and of the Plan, the terms and conditions of the Plan shall govern. The Participant acknowledges receipt of a copy of the Plan and agrees to be bound by the terms thereof of the Plan and of this Option Agreement. The Participant acknowledges reading and understanding the Plan, the Plan Prospectus, and this Option Agreement. Unless otherwise expressly provided in other sections of this Option Agreement, provisions of the Plan that confer discretionary authority on the Board or the Committee do not and shall not be deemed to create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Committee so conferred by appropriate action of the Board or the Committee under the Plan after the date hereof.

Appears in 1 contract

Samples: Option Agreement (International Game Technology)

Plan. The Option and all rights of the Participant Director under this Option Agreement are subject to, and the Participant Director agrees to be bound by, all of the terms and conditions of the Plan, incorporated herein by this reference. In the event of a conflict or inconsistency between the terms and conditions of this Option Agreement and of the Plan, the terms and conditions of the Plan shall govern. The Participant acknowledges receipt of a copy of the Plan and Director agrees to be bound by the terms thereof of the Plan and of this Option AgreementAgreement (including these Terms). The Participant Director acknowledges reading having read and understanding the Plan Plan, the Prospectus for the Plan, and this Option Agreement. Unless otherwise expressly provided in other sections of this Option Agreement, provisions of the Plan that confer discretionary authority on the Board or the Committee Administrator do not and shall not be deemed to create any rights in the Participant Director unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Committee Administrator so conferred by appropriate action of the Board or the Committee Administrator under the Plan after the date hereof.

Appears in 1 contract

Samples: 2004 Performance Award Plan Director Nonqualified Stock Option Agreement (Univision Communications Inc)

Plan. The Option Award and all rights of the Participant under this Option Award Agreement are subject to, and the Participant agrees to be bound by, all of the terms and conditions of the provisions of the Plan, incorporated herein by this reference. In the event of a conflict or inconsistency between the terms and conditions of this Option Award Agreement and of the Plan, the terms and conditions of the Plan shall govern. The Participant acknowledges receipt of a copy of the Plan and agrees to be bound by the terms thereof of the Plan and of this Option Award Agreement. The Participant acknowledges reading and understanding the Plan Plan, the Prospectus for the Plan, and this Option Award Agreement. Unless otherwise expressly provided in other sections of this Option Award Agreement, provisions of the Plan that confer discretionary authority on the Board or the Committee do not (and shall not be deemed to to) create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Committee so conferred by appropriate action of the Board or the Committee under the Plan after the date hereof.

Appears in 1 contract

Samples: Director Restricted Stock Award Agreement (International Game Technology)

Plan. The Option and all rights of the Participant Director under this Option Agreement are subject to, and the Participant Director agrees to be bound by, all of the terms and conditions of the Plan, incorporated herein by this reference. In the event of a conflict or inconsistency between the terms and conditions of this Option Agreement and of the Plan, the terms and conditions of the Plan shall govern. The Participant Director acknowledges receipt of a copy of the Plan and agrees to be bound by the terms thereof and of this Option Agreement. The Participant Director acknowledges reading and understanding the Plan and this Option Agreement. Unless otherwise expressly provided in other sections of this Option Agreement, provisions of the Plan that confer discretionary authority on the Board or the Committee do not and shall not be deemed to create any rights in the Participant Director unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Committee so conferred by appropriate action of the Board or the Committee under the Plan after the date hereof.

Appears in 1 contract

Samples: Director Stock Option Agreement (Corinthian Colleges Inc)

Plan. The Option and all rights of the Participant under this Option Agreement are subject to, and the Participant agrees to be bound by, all of the terms and conditions of the Plan, incorporated herein by this reference. In the event of a conflict or inconsistency between the terms and conditions of this Option Agreement and of the Plan, the terms and conditions of the Plan shall govern. The Participant acknowledges receipt of a copy of the Plan and agrees to be bound by the terms thereof of the Plan and of this Option Agreement. The Participant acknowledges reading and understanding the Plan, the Plan Prospectus, and this Option Agreement. Unless otherwise expressly provided in other sections of this Option Agreement, provisions of the Plan that confer discretionary authority on the Board or the Committee do not and shall not be deemed to create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Committee so conferred by appropriate action of the Board or the Committee under the Plan after the date hereof.

Appears in 1 contract

Samples: Option Agreement (International Game Technology)

Plan. The Option and all rights of the Participant under this Option Agreement are subject to, and the Participant agrees to be bound by, all of the terms and conditions of the Plan, incorporated herein by this reference. In the event of a conflict or inconsistency between the terms and conditions of this Option Agreement and of the Plan, and, if applicable, the terms and conditions of the Plan shall governRestricted Stock Award Agreement. The Participant acknowledges receipt of a copy of the Plan and agrees to be bound by the terms thereof and of this Option Agreement. The Participant acknowledges reading and understanding the Plan and this Option Agreement (including these Terms) and the Restricted Stock Award Agreement (if applicable). The Participant acknowledges having read and understood the Plan, the Stock Option Questions & Answers for the Plan, this Option Agreement, and the Restricted Stock Award Agreement (if applicable). Unless otherwise expressly provided in other sections of this Option AgreementAgreement or the Restricted Stock Award Agreement (if applicable), provisions of the Plan that confer discretionary authority on the Board or the Committee Administrator do not and shall not be deemed to create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Committee Administrator so conferred by appropriate action of the Board or the Committee Administrator under the Plan after the date hereof.

Appears in 1 contract

Samples: Stock Incentive Plan (Durata Therapeutics, Inc.)

Plan. The Option and all rights of the Participant under this Option Agreement are subject to, and the Participant agrees to be bound by, all of the terms and conditions of the Plan, incorporated herein by this reference. In the event of a conflict or inconsistency between the terms and conditions of this Option Agreement and of the Plan, the terms and conditions of the Plan shall govern. The Participant acknowledges receipt of a copy of the Plan and agrees to be bound by the terms thereof and of this Option Agreement. The Participant acknowledges reading and understanding the Plan and this Option Agreement. Unless otherwise expressly provided in other sections of this Option Agreement, provisions of the Plan that confer discretionary authority on the Board or the Committee Administrator do not and shall not be deemed to create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Committee Administrator so conferred by appropriate action of the Board or the Committee Administrator under the Plan after the date hereof.

Appears in 1 contract

Samples: Award Plan Stock Option Agreement (Corinthian Colleges Inc)

Plan. The Option Award and all rights of the Participant under this Option Agreement are subject to, and the Participant agrees to be bound by, all of the terms and conditions of the provisions of the Plan, incorporated herein by this reference. In the event of a conflict or inconsistency between the terms and conditions of this Option Agreement and of the Plan, the terms and conditions of the Plan shall govern, except as otherwise provided expressly herein. The Participant acknowledges receipt of a copy of the Plan and agrees to be bound by the terms thereof of the Plan and of this Option Agreement. The Participant acknowledges reading having read and understanding the Plan Plan, the Prospectus for the Plan, and this Option Agreement. Unless otherwise expressly provided in other sections of this Option Agreement, provisions of the Plan that confer discretionary authority on the Board or the Committee do not (and shall not be deemed to to) create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Committee so conferred by appropriate action of the Board or the Committee under the Plan after the date hereof.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (American States Water Co)

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