America Online 2009 Annual Report Download - page 174

16. Governing Law. The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York without regard to any
choice of law rules thereof which might apply the laws of any other jurisdiction.
17. Waiver of Jury Trial. To the extent not prohibited by applicable law which cannot be waived, each party hereto hereby waives, and covenants that it
will not assert (whether as plaintiff, defendant or otherwise), any right to trial by jury in any forum in respect of any suit, action, or other proceeding
arising out of or based upon this Agreement.
18. Submission to Jurisdiction; Service of Process. Each of the parties hereto hereby irrevocably submits to the jurisdiction of the state courts of the State
of New York and the jurisdiction of the United States District Court for the Southern District of New York for the purposes of any suit, action or other
proceeding arising out of or based upon this Agreement. Each of the parties hereto to the extent permitted by applicable law hereby waives, and agrees
not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding brought in such courts, any claim that it is not subject
personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that such suit, action or
proceeding in the above-referenced courts is brought in an inconvenient forum, that the venue of such suit, action or proceedings, is improper or that
this Agreement may not be enforced in or by such court. Each of the parties hereto hereby consents to service of process by mail at its address to which
notices are to be given pursuant to paragraph 12 hereof.
19. Personal Data. The Company, the Participant's local employer and the local employer's parent company or companies may hold, collect, use, process
and transfer, in electronic or other form, certain personal information about the Participant for the exclusive purpose of implementing, administering
and managing the Participant's participation in the Plan. Participant understands that the following personal information is required for the above named
purposes: his/her name, home address and telephone number, office address (including department and employing entity) and telephone number, e-mail
address, date of birth, citizenship, country of residence at the time of grant, work location country, system employee ID, employee local ID,
employment status (including international status code), supervisor (if applicable), job code, title, salary, bonus target and bonuses paid (if applicable),
termination date and reason, tax payer's identification number, tax equalization code, US Green Card holder status, contract type (single/dual/multi),
any shares of stock or directorships held in the Company, details of all grants of RSUs (including number of grants, grant dates, vesting type, vesting
dates, and any other information regarding RSUs that have been granted, canceled, vested, or forfeited) with respect to the Participant, estimated tax
withholding rate, brokerage account number (if applicable), and brokerage fees (the "Data"). Participant understands that Data may be collected from
the Participant directly or, on Company's request, from Participant's local employer. Participant understands that Data may be transferred to third parties
assisting the Company in the implementation, administration and management of the Plan, including the brokers approved by the Company, the broker
selected by the Participant from among such Company-approved brokers (if applicable), tax consultants and the Company's software providers (the
"Data Recipients").