Lululemon 2013 Annual Report Download - page 96

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and the Participant, or otherwise create any vested or beneficial interest in the Participant or the Participant’
s creditors in any assets of the
Company. The Participant shall have no claim against the Company for any changes in the value of any assets which may be invested or
reinvested by the Company with respect to the Award.
13.4 Further Instruments.
The parties hereto agree to execute such further instruments and to take such further action as
may reasonably be necessary to carry out the intent of this Agreement.
13.5 Binding Effect.
This Agreement shall inure to the benefit of the successors and assigns of the Company and, subject to
the restrictions on transfer set forth herein, be binding upon the Participant and the Participant’
s heirs, executors, administrators, successors and
assigns.
13.6 Delivery of Documents and Notices.
Any document relating to participation in the Plan or any notice required or
permitted hereunder shall be given in writing and shall be deemed effectively given (except to the extent that this Agreement provides for
effectiveness only upon actual receipt of such notice) upon personal delivery, electronic delivery at the e-
mail address, if any, provided for the
Participant by the Company or any Affiliate, or upon deposit in the U.S. Post Office or foreign postal service, by registered or certified mail, or
with a nationally recognized overnight courier service, with postage and fees prepaid, addressed to the other party at the address shown below
that party’s signature to the Grant Notice or at such other address as such party may designate in writing from time to time to the other party.
(a) Description of Electronic Delivery .
The Plan documents, which may include but do not necessarily include:
the Plan, the Grant Notice, this Agreement, the Plan Prospectus, and any reports of the Company provided generally to the Company’
s
stockholders, may be delivered to the Participant electronically. In addition, the Participant may deliver electronically the Grant Notice to the
Company or to such third party involved in administering the Plan as the Company may designate from time to time. Such means of electronic
delivery may include but do not necessarily include the delivery of a link to a Company intranet or the internet site of a third party involved in
administering the Plan, the delivery of the document via e-mail or such other means of electronic delivery specified by the Company.
(b) Consent to Electronic Delivery.
The Participant acknowledges that the Participant has read Section 13.6(a) of
this Agreement and consents to the electronic delivery of the Plan documents and Grant Notice, as described in Section 13.6(a). The Participant
acknowledges that he or she may receive from the Company a paper copy of any documents delivered electronically at no cost to the Participant
by contacting the Company by telephone or in writing. The Participant further acknowledges that the Participant will be provided with a paper
copy of any documents if the attempted electronic delivery of such documents fails. Similarly, the Participant understands that the Participant
must provide the Company or any designated third party administrator with a paper copy of any documents if the attempted electronic delivery
of such documents fails. The Participant may revoke his or her consent to the electronic delivery of documents described in Section 13.6(a) or
may change the electronic mail address to which such documents are to be delivered (if Participant has provided an electronic mail address) at
any time by notifying the Company of such revoked consent or revised e-
mail address by telephone, postal service or electronic mail. Finally, the
Participant understands that he or she is not required to consent to electronic delivery of documents described in Section 13.6(a).
13.7 Integrated Agreement.
The Grant Notice, this Agreement and the Plan shall constitute the entire understanding and
agreement of the Participant and the Company with respect to the subject matter contained herein or therein and supersedes any prior
agreements, understandings, restrictions, representations, or warranties between the Participant and the Company with respect to such subject
matter other than those as set forth or provided for herein or therein. To the extent contemplated herein or therein, the provisions of the Grant
Notice and the Agreement shall survive any settlement of the Award and shall remain in full force and effect.
13.8 Applicable Law.
This Agreement shall be governed by the laws of the State of Delaware as such laws are applied to
agreements between Delaware residents entered into and to be performed entirely within the State of Delaware.
13.9 Counterparts.
The Grant Notice may be executed in counterparts, each of which shall be deemed an original, but all of
which together shall constitute one and the same instrument.