Qualcomm 2012 Annual Report Download - page 168

are otherwise deferred compensation subject to Section 409A of the Code, and if you are a “specified employee” (as
defined under Section 409A(a)(2)(B)(i) of the Code) as of the date of your “separation from service” (as defined under
Treasury Regulation Section 1.409A-1(h)), then the issuance of any shares of Stock that would otherwise be made upon
the date of the separation from service or within the first six (6) months thereafter will not be made on the originally
scheduled date and will instead be issued in a lump sum on the date that is six (6) months and one day after the date of
the separation from service, but only if such delay in the issuance of the shares is necessary to avoid the imposition of
additional taxation on you in respect of the shares under Section 409A of the Code. The Company reserves the right, to
the extent the Company deems necessary or advisable in its sole discretion, to unilaterally amend or modify this
Agreement as may be necessary to ensure that all payments provided for under this Agreement are made in a manner
that qualifies for exemption from or complies with Section 409A of the Code; provided, however, that the Company
makes no representation that the payments of Restricted Stock Units provided for under this Agreement will be exempt
from or comply with Section 409A of the Code and makes no undertaking to preclude Section 409A of the Code from
applying to the payments of Restricted Stock Units provided for under this Agreement. The Company will have no
liability to you or any other party if the Restricted Stock Unit Award, the delivery of shares of Stock upon payment of
the Restricted Stock Unit Award or other payment hereunder that is intended to be exempt from, or compliant with,
Code Section 409A, is not so exempt or compliant or for any action taken by the Company with respect thereto.
13. Notices. Any notices provided for in this Agreement, the Grant Notice or the Plan shall be given in
writing and shall be deemed effectively given upon receipt or, in the case of notices delivered by the Company to you,
five (5) days after deposit in the United States mail, postage prepaid, addressed to you at the last address you provided to
the Company.
14. Data Privacy.
You hereby explicitly and unambiguously consent to the collection, use and transfer,
in electronic or other form, of your personal data as described in this Agreement, the Grant Notice and any other
Restricted Stock Unit Award grant materials by and among, as necessary and applicable, the Participating
Companies, for the exclusive purpose of implementing, administering and managing your participation in the Plan.
You understand that the Company and/or the Employer may hold certain personal information about you,
including, but not limited to, your name, home address and telephone number, date of birth, social security or
insurance number or other identification number, salary, nationality, and any shares of stock or directorships held in
the Company, and details of your Restricted Stock Units or any other entitlement to shares of Stock, canceled,
exercised, vested, unvested or outstanding in your favor, for the purpose of implementing, administering and
managing the Plan (“Data”).
You understand that Data will be transferred to E*TRADE Financial (“E*TRADE”) or such other stock plan
service provider as may be selected by the Company in the future, which is assisting the Company with the
implementation, administration and management of the Plan. You understand that the recipients of Data may be
located in the United States or elsewhere, and that the recipients' country ( e.g.
, the United States) may have different
data
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