Jack In The Box 2009 Annual Report Download - page 88

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Version 08-2009
Option & Unit Agreement-2004 Plan
increased or decreased, or are changed into or exchanged for a different number or kind of shares or securities as a result of one
or more reorganizations, recapitalizations, stock splits, reverse stock splits, stock dividends and the like, appropriate adjustments
to be conclusively determined by the Committee, shall be made in the number and/or type of shares or securities subject to this
Award consistent with any and all changes stipulated above and any fractional shares resulting from adjustments shall be
rounded down to the nearest whole number.
8 EMPLOYMENT. Nothing in the Plan or in this agreement shall confer upon the Awardee any right to continue in the employment of
the Company or any of its subsidiaries or interfere in any way with any right of the Company to terminate the Awardee’s
employment at any time.
9 PLAN CONTROLS. The Award and all terms and conditions set forth in this agreement are subject in all respects to the terms and
conditions of the Plan as may be amended from time to time, (but no amendment shall adversely affect the Awardee’s rights under
this Award) and any rules and regulations promulgated by the Committee, which shall be controlling. All constructions,
interpretations, rule determinations or other actions taken by the Committee shall be final, binding and conclusive on all interested
parties, including the Company and its subsidiaries and all former, present and future employees of the Company or its
subsidiaries. Capitalized terms that are not defined herein shall have the definition given to them in the Plan.
10 ARBITRATION. Any dispute or claim concerning any Awards granted (or not granted) pursuant to the Plan and this agreement
and any other disputes or claims relating to or arising out of the Plan and this agreement shall be fully, finally and exclusively
resolved by binding arbitration conducted in San Diego, California, by either (i) the American Arbitration Association in
accordance with its rules and procedures, or (ii) by any party mutually agreed upon by the Committee and the claimant. By
accepting an Award, the Awardee and the Company waive their respective rights to have any disputes or claims tried by a judge
or jury.
11 LAWS GOVERNING. The Award and the Plan shall be construed and enforced in accordance with the laws of the State of
Delaware without regard to the principles of conflicts of law.
12 RECEIPT OF PROSPECTUS. The Awardee hereby acknowledges that he or she has received a copy of the prospectus relating
to the Option and the shares covered thereby and the Plan.
13 AWARD AGREEMENT. This agreement has no cash value or other legal significance and the entitlement of any rights here
under shall be governed by the terms of the Plan and the books and records maintained by the Company.