VMware 2007 Annual Report Download - page 105

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Section 9. Interest
No interest will be payable on withholding accounts.
Section 10. Cancellation and Withdrawal
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 State of Delaware 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. With respect to the first
option period, any participant who has not previously authorized payroll deductions shall be considered to have withdrawn from such period if
he or she fails to make payment as contemplated by 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. For purposes of the Plan, an individual’s employment relationship is still considered to be continuing intact while
such individual is on sick leave, or other leave of absence approved for purposes of this Plan by the Company or a subsidiary; provided however,
that if such period of leave of absence exceeds ninety (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 have terminated on the ninety-first (91
st
) 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,
5