Tech Data 2014 Annual Report Download - page 157

(iv) the grant of HREs is an extraordinary item that does not constitute compensation of any kind for
services of any kind rendered to the Company or the Employer, and which is outside the scope of the Participant’
s
employment contract, if any;
(v) the grant of HREs is not part of normal or expected compensation or salary for any purpose,
including, but not limited to, calculating any severance, resignation, termination, redundancy, end of service payments,
bonuses, long-
service awards, pension or retirement benefits or similar payments and in no event should be considered
as compensation for, or relating in any way to, past services for the Company or the Employer;
(vi) in the event that the Participant is not an employee of the Company, the grant of HREs will not be
interpreted to form an employment contract or relationship with the Company; and furthermore, the grant of HREs will
not be interpreted to form an employment contract with the Employer or any Subsidiary or affiliated company of the
Company;
(vii) the future value of the underlying Shares is unknown and cannot be predicted with certainty;
(viii) if the Participant vests in his or her HREs and obtains Shares, the value of those Shares acquired
may increase or decrease in value;
(ix) in consideration of the grant of the HREs, no claim or entitlement to compensation or damages shall
arise from termination of the HREs or diminution in value of the HREs or Shares acquired in settlement of the HREs
resulting from termination of the Participant’
s employment by the Company or the Employer (for any reason whatsoever
and whether or not in breach of local labor laws) and the Participant irrevocably releases the Company and the Employer
from any such claim that may arise; if, notwithstanding the foregoing, any such claim is found by a court of competent
jurisdiction to have arisen, then, by signing this Agreement, the Participant will be deemed irrevocably to have waived
his or her entitlement to pursue such claim; and
(x) in the event of termination of the Participant’
s employment (whether or not in breach of local labor
laws), the Participant’
s right to receive the HREs and vest in the HREs under the Plan, if any, will be determined
effective as of the date that the Participant is no longer employed by the Employer; the Committee shall have the
exclusive discretion to determine when the Participant is no longer actively employed for purposes of his or her grant of
HREs.
Section 11. Data Privacy
. Pursuant to applicable personal data protection laws, the Company and Employer
hereby notify the Participant of the following in relation to the Participant’
s personal data and the collection, use,
processing and transfer of such data in relation to the Company
’
s grant of the HREs and participation in the Plan.
The collection, use, processing and transfer of personal data is necessary for the Company’
s administration of the
Plan and participation in the Plan, and the Participant
’s denial and/
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