Apple 2014 Annual Report Download - page 105

Download and view the complete annual report

Please find page 105 of the 2014 Apple annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.

Page out of 117

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
  • 103
  • 104
  • 105
  • 106
  • 107
  • 108
  • 109
  • 110
  • 111
  • 112
  • 113
  • 114
  • 115
  • 116
  • 117

14. Notices. Any notice to be
g
iven under the terms of this Award A
g
reement shall be in writin
g
and addressed to the Company at
its principal office to the attention of the Secretary, and to the Participant at the Participant’s last address reflected on the Company’s
records, or at such other address as either party may hereafter desi
g
nate in writin
g
to the other. Any such notice shall be
g
iven only
when received, but if the Participant is no lon
g
er an employee of the Company, shall be deemed to have been duly
g
iven by the
Company when enclosed in a properly sealed envelope addressed as aforesaid, re
g
istered or certified, and deposited (posta
g
e and
registry or certification fee prepaid) in a post office or branch post office regularly maintained by the United States Government.
15. Plan. The Award and all ri
g
hts of the Participant under this Award A
g
reement are subject to the terms and conditions of the
provisions of the Plan, incorporated herein by reference. The Participant a
g
rees to be bound by the terms of the Plan and this Award
A
g
reement. The Participant acknowled
g
es havin
g
read and understood the Plan, the Prospectus for the Plan, and this Award
A
g
reement. Unless otherwise expressly provided in other sections of this Award A
g
reement, provisions of the Plan that confe
r
discretionary authority on the Board or the Committee do not (and shall not be deemed to) create any ri
g
hts in the Participant unless
such ri
g
hts are expressly set forth herein or are otherwise in the sole discretion of the Board or the Committee so conferred by
appropriate action of the Board or the Committee under the Plan after the date hereof.
16. Entire Agreement. This Award A
g
reement and the Plan to
g
ether constitute the entire a
g
reement and supersede all prio
r
understandin
g
s and a
g
reements, written or oral, of the parties hereto with respect to the subject matter hereof. The Plan and this
Award A
g
reement may be amended pursuant to Section 15 of the Plan. Such amendment must be in writin
g
and si
g
ned by the
Company. The Company may, however, unilaterally waive any provision hereof in writin
g
to the extent such waiver does not adversely
affect the interests of the Participant hereunder, but no such waiver shall operate as or be construed to be a subsequent waiver of the
same provision or a waiver of any other provision hereof.
17. Limitation on the Participant’s Rights. Participation in the Plan confers no ri
g
hts or interests other than as herein provided.
This Award A
g
reement creates only a contractual obli
g
ation on the part of the Company as to amounts payable and shall not be
construed as creatin
g
a trust. Neither the Plan nor any underlyin
g
pro
g
ram, in and of itself, has any assets. The Participant shall have
only the ri
g
hts of a
g
eneral unsecured creditor of the Company with respect to amounts credited and benefits payable, if any, with
respect to the Stock Units, and ri
g
hts no
g
reater than the ri
g
ht to receive the Common Stock as a
g
eneral unsecured creditor with
respect to Stock Units, as and when payable hereunder.
18. Counterparts. This Award A
g
reement may be executed simultaneously in any number of counterparts, each of which shall be
deemed an original but all of which together shall constitute one and the same instrument.
6