Jack In The Box 2009 Annual Report Download - page 79

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Version 10-2009
RSU Agreement-2004 Plan
this Agreement signed by, or binding upon, Awardee shall be valid and binding upon any and all persons or entities (other than the
Company) 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 originally granted to Awardee.
(c) Except as otherwise expressly provided herein, this Agreement shall be binding upon and inure to the benefit of the
Company, its successors and assigns, and Awardee and his heirs, personal representatives, successors and assigns; provided,
however, that nothing contained herein shall be construed as granting Awardee the right to transfer any of his Award except in
accordance with this Agreement.
(d) If any provision of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall attach only to
such provision and shall not in any manner affect or render invalid or unenforceable any other severable provision of this
Agreement, and this Agreement shall be carried out as if any such invalid or unenforceable provision were not contained herein.
(e) The section headings contained herein are for the purposes of convenience only and are not intended to define or limit the
contents of said sections.
(f) Each party hereto shall cooperate and shall take such further action and shall execute and deliver such further documents
as may be reasonably requested by any other party in order to carry out the provisions and purposes of this Agreement.
(g) This Agreement is intended to comply with Code Section 409A and shall be administered in a manner consistent with Code
Section 409A. Should any provision of this Agreement be found not to comply with the provisions of Code Section 409A, it shall be
modified and given effect, in the sole discretion of the Committee and without requiring Awardee’s consent (notwithstanding the
provisions of Section 13 or paragraph (a) above), in such manner as the Committee determines to be necessary or appropriate to
comply with, or to effectuate an exemption from, Code Section 409A.
(h) Whenever the pronouns “he” or “his” are used herein they shall also be deemed to mean “she” or “hers” or “it” or “its”
whenever applicable. Words in the singular shall be read and construed as though in the plural and words in the plural shall be read
and construed as though in the singular in all cases where they would so apply.
(i) This Agreement may be executed in counterparts, all of which taken together shall be deemed one original.
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