Hertz 2014 Annual Report Download - page 352

hereunder shall be subject to any claw back policy or compensation recovery policy or such other similar policy of the Company in
effect from time to time.
(m) Company Rights. The existence of the Performance Stock Units does not affect in any way the right or power of the
Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations or other changes in the
Company’s capital structure or its business, including that of its Affiliates, or any merger or consolidation of the Company or any
Affiliate, or any issue of bonds, debentures, preferred or other stocks with preference ahead of or convertible into, or otherwise
affecting the Common Stock or the rights thereof, or the dissolution or liquidation of the Company or any Affiliate, or any sale or
transfer of all or any part of the Company’s or any Affiliate’s assets or business, or any other corporate act or proceeding, whether of a
similar character or otherwise.
(n) Severability. If a court of competent jurisdiction determines that any portion of this Agreement is in violation of any
statute or public policy, then only the portions of this Agreement which violate such statute or public policy shall be stricken, and all
portions of this Agreement which do not violate any statute or public policy shall continue in full force and effect. Further, it is the
parties’ intent that any court order striking any portion of this Agreement should modify the terms as narrowly as possible to give as
much effect as possible to the intentions of the parties’ under this Agreement.
(o) Further Assurances. The Participant agrees to use his or her reasonable and diligent best efforts to proceed promptly
with the transactions contemplated herein, to fulfill the conditions precedent for the Participant’s benefit or to cause the same to be
fulfilled and to execute such further documents and other papers and perform such further acts as may be reasonably required or
desirable to carry out the provisions hereof and the transactions contemplated herein.
(p) Headings and Captions. The section and other headings contained in this Agreement are for reference purposes only
and shall not affect the meaning or interpretation of this Agreement.
(q) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be
an original and all of which together shall constitute one and the same instrument.
Source: HERTZ GLOBAL HOLDINGS INC, 10-K, July 16, 2015 Powered by Morningstar® Document Research℠
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