Seagate 2009 Annual Report Download - page 169

(i) the future value of the Shares underlying the Option is unknown and cannot be predicted with certainty;
(j) if the underlying Shares do not increase in value, the Option will have no value;
(k)
if the Participant exercises the Option and acquires Shares, the value of such Shares may increase or decrease, even below
the Option Price;
(l)
no claim or entitlement to compensation or damages shall arise from forfeiture of the Option resulting from termination of
the Participant’s employment by the Company or the Employer (for any reason whatsoever and whether or not in breach of local labor laws) and
in consideration of the grant of the Option to which the Participant is otherwise not entitled, the Participant irrevocably agrees never to institute
any claim against the Company or the Employer, waives his or her ability, if any, to bring any such claim, and releases the Company and the
Employer from any such claim; if, notwithstanding the foregoing, any such claim is allowed by a court of competent jurisdiction, then, by
participating in the Plan, the Participant shall be deemed irrevocably to have agreed not to pursue such claim and agrees to execute any and all
documents necessary to request dismissal or withdrawal of such claims;
(m) in the event of termination of the Participant’s employment (whether or not in breach of local labor laws), the
Participant’s right to vest in the Option under the Plan, if any, will terminate effective as of the date that the Participant is no longer actively
employed and will not be extended by any notice period mandated under local law ( e.g. , active employment would not include a period of
“garden leave” or similar period pursuant to local law); furthermore, in the event of termination of the Participant’s employment (whether or not
in breach of local labor laws), the Participant’
s right to exercise the Option after termination of employment, if any, will be measured by the date
of termination of the Participant’s active employment and will not be extended by any notice period mandated under local law; the Committee
shall have the exclusive discretion to determine when the Participant is no longer actively employed for purposes of his or her Option grant; and
(n) the Option and the benefits under the Plan, if any, will not necessarily transfer to another company in the case of a
merger, take-over or transfer of liability.
9. No Advice Regarding Grant . The Company is not providing any tax, legal or financial advice, nor is the Company
making any recommendations regarding the Participant’s participation in the Plan, or the Participant’s acquisition or sale of the underlying
Shares. The Participant is hereby advised to consult with his or her own personal tax, legal and financial advisors regarding his or her
participation in the Plan before taking any action related to the Plan.
10. Securities Laws . Upon the acquisition of any Shares pursuant to the exercise of the Option, the Participant will make or
enter into such written representations, warranties and agreements as the Committee may reasonably request in order to comply with applicable
securities laws or with this Agreement.
11. Data Privacy . The Participant hereby explicitly and unambiguously consents to the collection, use, processing and
transfer, in electronic or other form, of the
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