13.Data Privacy. The Company’s Human Resources Department in Plano, Texas (U.S.A.) administers and maintains the data regarding the Plan, all Grantees under the Plan and the restricted stock granted to each Grantee.
The data administered and maintained by the Company includes information that may be considered personal data, including the name of the Grantee, the award granted and the number of shares of restricted stock included in any award (“Grantee Personal Data”). From time to time during the course of Grantee’s employment with the Company, the Company may transfer certain of Grantee Personal Data to certain third parties (“Third Parties”) as necessary for the purpose of implementation, administration and management of Grantee’s participation in the Plan (the “Purposes”), and the Company and its Third Parties may each further transfer Grantee Personal Data to additional third parties assisting the Company in the implementation, administration and management of the Plan (collectively, “Data Recipients”). The countries to which Grantee Personal Data may be transferred may have data protection standards that are different than those in Grantee’s home country and that offer a level of data protection that is less than that in Grantee’s home country.
In accepting the Award set forth in the Agreement, Grantee hereby expressly acknowledges that Grantee understands that from time to time during the course of Grantee’s employment with the Company the Company may transfer Grantee Personal Data to Data Recipients for the Purposes. Grantee further acknowledges that Grantee understands that the countries to which Grantee Personal Data may be transferred may have data protection standards that are different than those in Grantee’s home country and that offer a level of data protection that is less than that in Grantee’s home country.
Further, in accepting the Award set forth in the Agreement, Grantee hereby expressly affirms that Grantee does not object, and Grantee hereby expressly consents, to the transfer of Grantee Personal Data by the Company to Data Recipients for the Purposes from time to time during the course of Grantee’s employment with the Company.
(a) Interpretation. Any dispute regarding the interpretation of this Agreement must be submitted by the Participant or the Company to the Administrator for review. The Administrator’s resolution of such dispute will be final and binding on the Company and the Participant.
(b) Entire Agreement. The Plan and the Certificate are incorporated in this Agreement by reference, and the Participant hereby acknowledges that a copy of each has been made available to the Participant. This Agreement, the Certificate and the Plan constitute the entire agreement of the parties and supersede all prior undertakings and agreements with respect to the subject matter hereof. In the event of a conflict or inconsistency between the terms and conditions of this Agreement, the Certificate and the Plan, the Plan will govern.
(c) Modification. The Agreement may be modified only in writing signed by both parties.
(d) Notices. Any notice required under this Agreement to be delivered to the Company must be in writing and addressed to the Corporate Secretary of the Company at its principal corporate offices. Any notice required to be given or delivered to the Participant must be in writing and addressed to the Participant at the address indicated on the Certificate or to such other address as the Participant designates in writing to the Company. All notices will be deemed to have been delivered: (v) on personal delivery, (vi) five days after deposit in the United States mail by certified or registered mail (return receipt requested), (vii) two business days after deposit with any return receipt express courier (prepaid) or (viii) one business day after transmission by fax or email.
(e) Successors and Assigns. The Company may assign any of its rights under this Agreement. This Agreement will be binding on and inure to the benefit of the successors and assigns of the Company. Subject to the restrictions on transfer set forth herein and in the Plan, this Agreement is binding on the Participant and the Participant’s heirs, executors, administrators, legal representatives, successors and assigns.
(f) Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Delaware without giving effect to its conflict of law principles. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.