Occidental Petroleum 2005 Annual Report Download - page 142

may be entitled under any profit sharing, retirement or other benefit or compensation plan maintained by the Company, including the
amount of any life insurance coverage available to any beneficiary of the Grantee under any life insurance plan covering employees of the
Company. Additionally, the Target Performance Shares are 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 or long-
service awards. This grant of Target Performance Shares does not create any contractual or other right to receive future grants of Target
Performance Shares, or benefits in lieu of Target Performance Shares, even if Grantee has a history of receiving Target Performance Shares
or other stock awards.
12. AMENDMENTS. The Plan may be modified, amended, suspended or terminated by the Company at any time, as provided in the Plan.
Any amendment to the Plan will be deemed to be an amendment to these Terms and Conditions to the extent it is applicable to these Terms
and Conditions; however, no amendment will adversely affect the rights of the Grantee under these Terms and Conditions without the
Grantee's consent.
13. SEVERABILITY. If one or more of the provisions of these Terms and Conditions is invalidated for any reason by a court of competent
jurisdiction, the invalidated provisions shall be deemed to be separable from the other provisions of these Terms and Conditions, and the
remaining provisions of these Terms and Conditions will continue to be valid and fully enforceable.
14. RELATION TO PLAN; INTERPRETATION. These Terms and Conditions are subject to the terms and conditions of the Plan. In the event of
any inconsistent provisions between these Terms and Conditions and the Plan, the provisions of the Plan control. Capitalized terms used in
these Terms and Conditions without definition have the meanings assigned to them in the Plan. References to Sections are to Sections of
these Terms and Conditions unless otherwise noted.
15. SUCCESSORS AND ASSIGNS. Subject to Sections 2 and 4, the provisions of these Terms and Conditions shall be for the benefit of, and
be binding upon, the successors, administrators, heirs, legal representatives and assigns of the Grantee, and the successors and assigns of
the Company.
16. GOVERNING LAW. The laws of the State of Delaware govern the interpretation, performance, and enforcement of these Terms and
Conditions.
17. PRIVACY RIGHTS. By accepting this award, the Grantee explicitly and unambiguously consents to the collection, use and transfer, in
electronic or other form, of the Grantee’s personal data as described in these Terms and Conditions by and among, as applicable, the
Company and its affiliates for the exclusive purpose of implementing, administering and managing the Grantee’s participation in the Plan.
The Company holds or may receive from any agent designated by the Company certain personal information about the Grantee, including,
but not limited to, the Grantee’s name, home address and telephone number, date of birth, social insurance number or other identification
number, salary, nationality, job title, any shares of stock or directorships held in Occidental, details of this Target Performance Share award
or any other entitlement to shares of stock awarded, canceled, exercised, vested, unvested or outstanding in the Grantee’s favor, for the
purpose of implementing, administering and managing the Plan, including complying with applicable tax and securities laws (“Data”). Data
may be transferred to
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