VMware 2010 Annual Report Download - page 142
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Form of Time-
Vested RSU Agreement
for US Employees
(ii) willful misconduct by the Participant in the performance of his or her employment duties;
(iii) the Participant’s indictment for a felony (other than traffic related offense) or a misdemeanor involving moral turpitude;
or
(iv) the Participant’s commission of an act involving personal dishonesty that results in financial, reputational, or other harm
to the Company and its affiliates and subsidiaries, including, but not limited to, an act constituting misappropriation or embezzlement of
property.
19. Agreement Severable . In the event that any provision in this Agreement will be held invalid or unenforceable, such provision
will be severable from, and such invalidity or unenforceability will not be construed to have any effect on, the remaining provisions of this
Agreement.
20. Notice of Governing Law . This Agreement will be governed by the internal substantive laws, but not the choice of law rules of
the State of Delaware.
21. Waiver; Cumulative Rights
. The failure or delay of either party to require performance by the other party of any provision hereof
shall not affect its right to require performance of such provision unless and until such performance has been waived in writing. Each and every
right hereunder is cumulative and may be exercised in part or in whole from time to time.
22. Notices . Any notice which either party hereto may be required or permitted to give the other shall be in writing and may be
delivered personally or by mail, postage prepaid, addressed to the Company, at the address provided below, and the Participant at his or her
address as shown on the Company’s, Parent’s or any Subsidiary’s payroll records, or to such other address as the Participant, by notice to the
Company, may designate in writing from time to time.
6
To the Company:
VMware, Inc.
3401 Hillview Avenue
Palo Alto, CA 94304
Attention: Stock Administrator