VMware 2012 Annual Report Download - page 136
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Form of RSU Agreement
retroactive effect), or take any other actions, that the Company determines are necessary or appropriate to (i) exempt the
Award from Code Section 409A and preserve the intended tax treatment of the Award, or (ii) comply with the
requirements of Code Section 409A; provided, however, that there is no obligation on the part of the Company to adopt
any such amendment, policy or procedure or take any such other action, and in any event, no such action will reduce the
amount of compensation that is owed to the Participant under this Award without the Participant’
s prior written consent.]
21.
Agreement Severable . In the event that any provision in this Agreement will be held invalid or
unenforceable, such provision will be severable from, and such invalidity or unenforceability will not be construed to
have any effect on, the remaining provisions of this Agreement.
22.
Notice of Governing Law . This Agreement will be governed by the internal substantive laws, but not the
choice of law rules of the State of Delaware.
23.
Waiver; Cumulative Rights . The failure or delay of either party to require performance by the other party
of any provision hereof will not affect its right to require performance of such provision unless and until such
performance has been waived in writing. Each and every right hereunder is cumulative and may be exercised in part or
in whole from time to time.
24.
Notices . Any notice which either party hereto may be required or permitted to give the other must be in
writing and may be delivered personally or by mail, postage prepaid, addressed to the Company, at the address provided
below, and the Participant at his or her address as shown on the Company’s, or the Employer’s payroll records, or to
such other address as the Participant, by notice to the Company, may designate in writing from time to time.
To the Company: VMware, Inc.
3401 Hillview Avenue
Palo Alto, CA 94304
Attention: Stock Administrator
11
v. 12.17.2012