Seagate 2012 Annual Report Download - page 172

or not such termination is in breach of any employment law in the country where you reside, even if such law is otherwise applicable to your
employment benefits, and whether or not such termination is later found to be invalid) and in consideration of the Award to which you are
otherwise not entitled, you irrevocably agree never to institute any claim against the Company or any Affiliate, waive your ability, if any, to
bring any such claim, and release the Company and its Affiliates 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, you shall be deemed irrevocably to have agreed not to pursue
such claim and agree to execute any and all documents necessary to request dismissal or withdrawal of such claims; and
(l)
for purposes of the Award, your Continuous Service will be considered terminated as of the date you are no longer
actively employed by and/or providing services to the Company or an Affiliate, as applicable; your right, if any, to vest in the Performance Units
under the Plan after termination of Continuous Service (regardless of whether the termination is in breach of any employment law in the country
where you reside, even if such law is otherwise applicable to your employment benefits, and whether or not such termination is later found to be
invalid) will be measured by the date you cease to be actively employed and/or actively providing services and will not be extended by any
notice period mandated under any employment law in the country where you reside, even if such law is otherwise applicable to your
employment benefits (e.g., active employment would not include a period of “garden leave” or similar period); the Committee, in its sole
discretion, shall determine when you are no longer actively employed for purposes of the Award (including whether you may still be considered
actively employed while on a leave of absence).
9.
No Advice Regarding Grant . The Company and its Affiliates are not providing any tax, legal or financial advice, nor is the
Company making any recommendations regarding your participation in the Plan, or your acquisition or sale of the underlying Shares. You are
hereby advised to consult with your own personal tax, legal and financial advisors regarding your participation in the Plan before taking any
action related to the Plan.
10.
Data Privacy . You hereby explicitly and unambiguously consent to the collection, use, processing and transfer, in electronic
or other form, of your personal data as described in this Agreement and any other Award materials by and among, as applicable, the
Company and its Affiliates (whether inside or outside the European Economic Area) for the exclusive purpose of implementing,
administering and managing your participation in the Plan.
You understand that the Company and its Affiliates may hold certain personal information about you, including, but not limited to,
your name, home address and telephone number, date of birth, social insurance number or other identification number, salary, nationality,
job title, any shares or directorships held in the Company, details of all Performance Units or any other entitlement to shares awarded,
canceled, exercised, vested, unvested or outstanding in your favor, for the exclusive purpose of implementing, administering and managing
the Plan (“Data”).
You understand that Data will be transferred to a brokerage firm or share plan service provider designated by the Company 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 privacy
laws and protections than your country. You understand that you may request a list with the names and addresses of any potential recipients
of Data by contacting your local human resources representative. You authorize the Company, any Company-designated brokerage firm or
share plan service provider and any other possible recipients which may assist the Company (presently or in the future) with implementing,
administering and managing the Plan to receive, possess, use, retain, process and transfer Data, in electronic or other form, for the sole
purpose of implementing, administering and managing your participation in the Plan. You understand that Data will be held only as long as
is necessary to implement, administer and manage your participation in the Plan. You understand that you may, at any time, view Data,
request additional information
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