EMC 2007 Annual Report Download - page 148

grant or the exercise of the Option and that the Company or any Company subsidiary is not liable for any such assessments.
8. Agreement to Provide Security
If, at the time the Option is exercised, the Committee determines that under applicable law and regulations the Company or any Company subsidiary
could be liable for the withholding of any income or social taxes with respect to any Shares acquired upon exercise or disposition of the Option, the Option
may not be exercised unless the person exercising the Option gives such security as the Committee deems adequate to meet the potential liability of the
Company or such Company subsidiary for the withholding of tax and agrees to augment such security from time to time in an amount reasonably determined
by the Committee to preserve the adequacy of such security.
9. Non-transferability of Option
The Option is not transferable by the Participant except by will or the laws of descent and distribution, and is exercisable during the Participant's lifetime
only by the Participant, in accordance with the terms and provisions of the Plan.
10. Provisions of the Plan
This Performance Stock Option Agreement and the Option are subject to the provisions of the Plan, a copy of which is furnished to the Participant
herewith.
Acceptance, Acknowledgment and Receipt
By accepting this Performance Stock Option Agreement, I, the Participant, hereby:
accept and acknowledge receipt of the Option granted on the Grant Date, which has been issued to me under the terms and conditions of
the Plan;
acknowledge and confirm my consent to the collection, use and transfer, in electronic or other form, of personal information about me,
including, without limitation, my name, home address and telephone number, date of birth, social security number or other identification
number, and details of all my stock awards and shares held and transactions related thereto, by the Company and its subsidiaries, affiliates
and agents for the purpose of implementing, administrating and managing my participation in the Company's stock plans, and further
understand and agree that my personal information may be transferred to third parties assisting in the implementation, administration and
management of the Company's stock plans, that any recipient may be located in my country or elsewhere, and that such recipient's country
may have different data privacy laws and protections than my country;
acknowledge and confirm my consent to receive electronically this Performance Stock Option Agreement, the Plan and the related Plan
Description and any other Plan documents that the Company is required to deliver;
acknowledge that a copy of the Plan and the related Plan Description is posted in the "Library & Forms" section of the "Stock Options"
section of the Company's UBS Financial Services website and in the "Peoplelink" section of the Company's intranet site;
acknowledge receipt of a copy of the Plan and the related Plan Description and agree to be bound by the terms and conditions of this
Performance Stock Option Agreement and the Plan (including, but not limited to, Section 6.7—Cancellation and Rescission of Awards), as
amended from time to time;
understand that neither the Plan nor this Performance Stock Option Agreement gives me any right to any Service Relationship with the
Company or any Company subsidiary, as the case may be, and that the Option is not part of my normal or expected compensation; and
understand and acknowledge that the grant of the Option is expressly conditioned on my adherence to the terms of the Key Employment
Agreement with the Company.
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