EMC 2009 Annual Report Download - page 134

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Section 10. Cancellation and Withdrawal
Effective January 1, 2002, on or prior to June 15 or December 15, as the case may be with respect to any applicable option period, 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
Company may prescribe. Any participant who delivers such written notice shall be deemed to have canceled his or her option, terminated his or her 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 any June 15 or December 15, as the case may be with respect to the applicable option period, shall be a Saturday, Sunday or day on which banks in
the Commonwealth of Massachusetts are required or permitted 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 withholding 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 withholding 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 and an individual's employment
relationship will continue while such individual is on sick leave or other leave of absence approved by the Company or a subsidiary; provided, however, that
if such leave of absence exceeds 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 be terminated on the 91st 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 the Company 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 withholding account, or (b) to have the balance in his or her withholding account applied
as of the last day of the option period to the exercise of his or her option pursuant to Section 8, and have the balance, if any, in such account in excess of the
total purchase price of the whole shares so issued returned in cash. In the event such legal representative does not file a written election as provided above,
any outstanding option shall be treated as if an election had been filed pursuant to subparagraph 12(a) above.
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