Jack In The Box 2009 Annual Report Download - page 78

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Version 10-2009
RSU Agreement-2004 Plan
15. RECEIPT OF PROSPECTUS. The Awardee hereby acknowledges that he or she has received a copy of the prospectus
relating to the Award and the shares covered thereby and the Plan.
16. GENERAL. The Company shall at all times during the term of this Award reserve and keep available such numbers of shares
of Common Stock as will be sufficient to satisfy the requirements of this Award, shall pay all fees and expenses necessarily incurred
by the Company in connection therewith, and will from time to time use its best efforts to comply with all laws and regulations which,
in the opinion of counsel for the Company, shall be applicable thereto.
17. ANNUAL REPORTS. The Company shall during the term of this Award provide to Awardee an annual report regarding the
Company.
18. NOTICES. All notices or other communications under this Agreement shall be given in writing and shall be deemed duly given
and received on the third full business day following the day of the mailing thereof by registered or certified mail, return receipt
requested, or when delivered personally as follows:
(a) If to the Company, at its principal executive offices at the time of the giving of such notice, or at such other place as the
Company shall have designated by notice as herein provided to each of the Awardees;
(b) If to Awardee, at the address as it appears below Awardee’s signature to this Agreement, or at such other place as Awardee
shall have designated by notice as herein provided to the Company; and
(c) If to any other holder, at such holder’s last address appearing in the Company’s records.
It shall be the responsibility of the Awardee to notify the Company of any changes in address.
19. MISCELLANEOUS.
(a) This writing constitutes the entire agreement of the parties with respect to the subject matter hereof and may not be modified
or amended except by a written agreement signed by Awardee and the Company, other than as provided in paragraph (g) below.
Anything in this Agreement to the contrary notwithstanding, any modification or amendment of this Agreement by a written agreement
signed by, or binding upon, Awardee shall be valid and binding upon any and all persons or entities who may, at any time, have or
claim any rights under or pursuant to this Agreement (including all Awardees hereunder) in respect of the Award granted to the
Awardee.
(b) No waiver of any breach or default hereunder shall be considered valid unless in writing and no such waiver shall be
deemed a waiver of any subsequent breach or default of the same or similar nature. Anything in this Agreement to the contrary
notwithstanding, any waiver, consent or other instrument under or pursuant to
4