VMware 2013 Annual Report Download - page 107

Section 10. Cancellation and Withdrawal
A participant who holds an option under the Plan may cancel all (but not less than all) of his or her option by written notice
delivered to the Company, in such form as the Committee may prescribe, provided that VMware (or its designated agent) must
receive such notice at least 15 days before the last day of the option period (the “Withdrawal Deadline”). Any participant who
delivers such written notice shall be deemed to have canceled his or her option, terminated any applicable payroll deduction
authorization with respect to the Plan and terminated his or her participation in the Plan, in each case, as of the date of such written
notice. In the event that the date of the Withdrawal Deadline with respect to the applicable option period, shall be a Saturday,
Sunday or day on which banks in the State of Delaware are required to close, a participant may cancel his or her option by written
notice given on or prior to the last business day immediately preceding such date. Following delivery of any such notice, any
balance in the participant’s contribution account will be returned to such participant as soon as reasonably practicable. Any
participant who has delivered such notice may elect to participate in the Plan in any future option period in accordance with the
provisions of Section 4.
Section 11. Termination of Employment
Except as otherwise provided in Section 12, upon the termination of a participant’s employment with the Company for any
reason whatsoever, he or she shall cease to be a participant, and any option held by him or her under the Plan shall be deemed
cancelled, the balance of his or her contribution account shall be returned to him or her, and he or she shall have no further rights
under the Plan. For purposes of this Section 11, a participant’s employment will not be considered terminated in the case of a
transfer to the employment of a subsidiary or to the employment of the Company. However, in the event of a transfer of
employment, VMware may transfer participant’s participation to a separate offering or non-
423 component offering, if advisable or
necessary, considering applicable local law and Code Section 423 requirements. For purposes of the Plan, an individual’s
employment relationship is still considered to be continuing intact while such individual is on sick leave, or other leave of absence
approved for purposes of this Plan by the Company; provided however, that if such period of leave of absence exceeds ninety (90)
days, and the individual’s right to reemployment is not guaranteed either by statute or by contract, the employment relationship
shall be deemed to have terminated on the ninety-first (91
st
) day of such leave.
Section 12. Death of Participant
In the event a participant holds any option hereunder at the time his or her employment with the Company is terminated by
his or her death, whenever occurring, then his or her legal representative, may, by a writing delivered to VMware on or before the
date such option is exercisable, elect either (a) to cancel any such option and receive in cash the balance in his or her contribution
account, or (b) to have the balance in his or
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