Burger King 2010 Annual Report Download - page 127
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Acknowledgment of Nature of Award.
In accepting this grant of an Award, you acknowledge that:
(a) the Plan is established voluntarily by the Company, it is discretionary in nature and may be modified, amended, suspended or terminated by the
Company at any time, as provided in the Plan;
(b) this grant of an Award is voluntary and occasional and does not create any contractual or other right to receive future awards of Restricted Stock, or
benefits in lieu Restricted Stock even if Restricted Stock has been awarded repeatedly in the past;
(c) all decisions with respect to future awards, if any, will be at the sole discretion of the Company;
(d) your participation in the Plan is voluntary;
(e) this Award is an extraordinary item that does not constitute compensation of any kind for services of any kind rendered to the Company or to the
Employer and is outside the scope of your employment contract, if any;
(f) this Award is not part of normal or expected compensation or salary for any purposes, including, but not limited to, calculation of any severance,
resignation, termination, redundancy, end of service payments, bonuses, long−service awards, pension or retirement benefits or similar payments;
(g) neither this Award nor any provision of this Award Agreement, the Plan or the policies adopted pursuant to the Plan confer upon you any right with
respect to employment or continuation of current employment, and in the event that the Employee is not an employee of the Company, Restricted Stock
shall not be interpreted to form an employment contract or relationship with the Company;
(h) the future value of the underlying Shares is unknown and cannot be predicted with certainty;
(i) if you receive Shares, the value of such Shares acquired upon vesting of Restricted Stock may increase or decrease in value; and
(j) no claim or entitlement to compensation or damages arises from termination of this Award, and no claim or entitlement to compensation or damages
shall arise from any diminution in value of the Restricted Stock or Shares received upon vesting of the Restricted Stock resulting from termination of your
employment by the Employer (for any reason whatsoever and whether or not in breach of local labor laws) and you irrevocably release the Company and
the Employer from any such claim that may arise; if, notwithstanding the foregoing, any such claim is found by a court of competent jurisdiction to have
arisen, then, by signing this Award Agreement, you shall be deemed irrevocably to have waived your entitlement to pursue such claim.
A−6