Terms and Conditions Sample Contracts

PERFORMANCE STOCK UNITS / LONG-TERM CASH AWARD TERMS AND CONDITIONS
Terms and Conditions • April 25th, 2023 • Pepsico Inc • Beverages • New York

These Terms and Conditions (including the country-specific terms set forth in the attached Addendum), along with the 2023 PepsiCo Annual Long-Term Incentive Award Summary provided to the Participant (the “Award Summary”), and signed by the individual named on the Award Summary (the “Participant”), shall constitute an agreement (this “Agreement”), effective as of the “grant date” indicated on the Award Summary (the “Grant Date”), by and between PepsiCo, Inc., a North Carolina corporation having its principal office at 700 Anderson Hill Road, Purchase, New York 10577 (“PepsiCo,” and with its divisions and direct and indirect subsidiaries, the “Company”), and the Participant.

Contract
Terms and Conditions • March 18th, 2013 • Pepsico Inc • Beverages • New York

These Terms and Conditions shall constitute an agreement (this “Agreement”), effective as of March 1, 2013 (the “Grant Date”), by and between PepsiCo, Inc., a North Carolina corporation having its principal office at 700 Anderson Hill Road, Purchase, New York 10577 (“PepsiCo,” and with its divisions and direct and indirect subsidiaries, the “Company”), and you (the “Participant”).

Contract
Terms and Conditions • August 2nd, 2013 • FireEye, Inc. • Computer peripheral equipment, nec • California

This Agreement (“Agreement”) is entered into as of 9/29, 2010 (the “Effective Date”) between AMAX Information Technologies, with its principal place of business at 1565 Reliance Way Fremont, California 94539 (“AMAX”) and FireEye Inc., with its principal place of business at 1390 McCarthy Blvd, Milpitas, CA 95035 (“Customer”).

APPENDIX EMULEX CORPORATION AMENDED AND RESTATED 2005 EQUITY INCENTIVE PLAN RESTRICTED STOCK UNIT AWARD AGREEMENT FOR NON-U.S. GRANTEES
Terms and Conditions • August 29th, 2013 • Emulex Corp /De/ • Computer communications equipment

This Appendix includes additional terms and conditions that govern the grant (the “Award”) of restricted stock units (the “Restricted Stock Units”) to Grantee under the Emulex Corporation Amended and Restated 2005 Equity Incentive Plan (the “Plan”) if Grantee resides in one of the countries listed below. Capitalized terms not otherwise defined herein shall have the same meanings ascribed to them in the Plan and/or the Restricted Stock Unit Award Agreement (the “Agreement”), as applicable.

TERMS AND CONDITIONS
Terms and Conditions • November 27th, 2007 • Hyperion Energy, Inc. • Services-help supply services
TERMS AND CONDITIONS UNDER THE NORTHERN TRUST CORPORATION 2002 STOCK PLAN
Terms and Conditions • February 24th, 2006 • Northern Trust Corp • State commercial banks

THIS STOCK UNIT AGREEMENT (AS DEFINED BELOW) IS AN AGREEMENT BETWEEN YOU AND NORTHERN TRUST CORPORATION. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE CLICK THE “I ACCEPT” BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE CLICK THE “I DECLINE” BUTTON AT THE END OF THIS AGREEMENT, IN WHICH CASE THIS AGREEMENT WILL BE OF NO FORCE AND EFFECT AND YOUR AWARD UNDER THIS AGREEMENT WILL BE CANCELLED.

THE TOWBES GROUP. INC. MULTI-PURPOSE COMMERCIAL BUILDING LEASE
Terms and Conditions • September 19th, 2014 • Sientra, Inc. • Orthopedic, prosthetic & surgical appliances & supplies • California

THESE STANDARD TERMS AND CONDITIONS constitute an integral part of this Multi-Purpose Commercial Building Lease. Each reference in the Standard Terms and Conditions to information set forth in the Basic Provisions of this Lease shall be construed to incorporate all of the information to which reference is made. Any conflict between these Standard Terms and Conditions and the information set forth in the Basic Provisions shall be controlled by the terms of these Standard Terms and Conditions.

TERMS AND CONDITIONS
Terms and Conditions • November 30th, 2009 • Cenovus Energy Inc. • Crude petroleum & natural gas • Alberta

THIS OPTION AND TANDEM STOCK APPRECIATION RIGHTS AGREEMENT is made between Cenovus Energy Inc. (the “Corporation”) and the Participant listed above (the “Participant”), an eligible employee of the Corporation or one of its Related Corporations.

PEPSICO LONG-TERM INCENTIVE AWARD SPECIAL RESTRICTED STOCK UNITS / PERFORMANCE STOCK UNITS TERMS AND CONDITIONS
Terms and Conditions • April 26th, 2018 • Pepsico Inc • Beverages • New York

These Terms and Conditions, along with the PepsiCo Restricted Stock Unit Award Summary and/or Performance Stock Unit Award Summary (each an “Award Summary”) delivered herewith and signed by the individual named on the Award Summary (the “Participant”), shall constitute an agreement (this “Agreement”) effective as of the “grant date” as indicated on the Award Summary (the “Grant Date”), by and between PepsiCo, Inc., a North Carolina corporation having its principal office at 700 Anderson Hill Road, Purchase, New York 10577 (“PepsiCo,” and with its divisions and direct and indirect subsidiaries, the “Company”), and the Participant.

TERMS AND CONDITIONS AWARD NOTICE AND AGREEMENT FOR STOCK OPTION GRANT
Terms and Conditions • February 23rd, 2009 • Beckman Coulter Inc • Laboratory analytical instruments • Delaware

Beckman Coulter, Inc. maintains its 2007 Long-Term Performance Plan (the “Plan”) which is incorporated into and forms a part of the Award Notice and Agreement (“Award Agreement”) and under which this grant of a stock option (the “Option”) is made. These Terms and Conditions are also incorporated into and form a part of the Award Agreement. Unless otherwise expressly defined herein, all capitalized terms used in the Award Agreement shall have the same meaning assigned them in the Plan. The pronoun “you” used in this document refers to the grantee (or, as applicable, to the legal representative or other person or persons entitled to exercise under provisions relating to the death or incapacity of the grantee).

THE ROYAL BANK OF SCOTLAND GROUP PLC Underwriting Agreement Senior Debt Securities
Terms and Conditions • September 12th, 2016 • Royal Bank of Scotland Group PLC • Commercial banks, nec • New York

As Representatives of the several Underwriters (as defined below) named in Schedule I to the Pricing Agreement (as defined below)

Private and Confidential October 26, 2009 Mr. Donald Labonte President Rock of Ages Canada Inc. 4, Rock of Ages Street Stanstead, Quebec JOB 3E2
Terms and Conditions • March 31st, 2010 • Rock of Ages Corp • Cut stone & stone products

ROYAL BANK OF CANADA (the "Bank") hereby confirms the credit facilities described below (the "Credit Facilities") subject to the terms and conditions set forth below and in the attached Terms & Conditions and Schedules (collectively the "Agreement") This Agreement supersedes and cancels the existing agreement dated May 20, 2008 Any amount owing by the Borrower to the Bank under such previous agreement is deemed to be a Borrowing under this Agreement. Any and all security that has been delivered to the Bank and is set forth as Security below, shall remain in full force and effect, is expressly reserved by the Bank and shall apply in respect of all obligations of the Borrower under the Credit Facilities. Unless otherwise provided, all dollar amounts are in Canadian currency.

ROCKBRIDGE INVESTMENTS, L.P. MULTI-PURPOSE COMMERCIAL BUILDING LEASE
Terms and Conditions • November 27th, 2013 • Inogen Inc • Orthopedic, prosthetic & surgical appliances & supplies • California

THESE STANDARD TERMS AND CONDITIONS constitute an integral part of this Multi-Purpose Commercial Building Lease. Each reference in the Standard Terms and Conditions to information set forth in the Basic Provisions of this Lease shall be construed to incorporate all of the information to which reference is made. Any conflict between these Standard Terms and Conditions and the information set forth in the Basic Provisions shall be controlled by the terms of these Standard Terms and Conditions.

TERMS AND CONDITIONS AWARD NOTICE AND AGREEMENT FOR STOCK OPTION GRANT
Terms and Conditions • February 23rd, 2009 • Beckman Coulter Inc • Laboratory analytical instruments

Beckman Coulter, Inc. maintains its 2007 Long-Term Performance Plan (the “Plan”) which is incorporated into and forms a part of the Award Notice and Agreement (“Award Agreement”) and under which this non-qualified stock option award is made. These Terms and Conditions are also incorporated into and form a part of the Award Agreement. Unless a contrary meaning is clearly indicated, all terms in this grant shall have the same meaning assigned them in the Plan. The pronoun “you” used in this document refers to the optionee (or, as applicable, to the legal representative or other person or persons entitled to exercise under provisions relating to the death or incapacity of the optionee).

TERMS AND CONDITIONS OF STOCK AWARD, EMPLOYMENT AND SEPARATION
Terms and Conditions • October 23rd, 2019 • COMMERCIAL METALS Co • Steel works, blast furnaces & rolling mills (coke ovens)

These Terms and Conditions of Stock Award, Employment and Separation (the "Agreement") is entered into this 13th day of August, 2019 by and between COMMERCIAL METALS COMPANY, a Delaware corporation (the "Employer” or the "Company") and PAUL J. LAWRENCE (the "Executive"). The Employer and Executive are collectively referred to as the "Parties," and individually as a "Party."

THE KRAFT HEINZ COMPANY
Terms and Conditions • February 16th, 2023 • Kraft Heinz Co • Canned, frozen & preservd fruit, veg & food specialties • Delaware

Unless defined in this award agreement (together with all exhibits and appendices attached thereto, this “Award Agreement”), capitalized terms will have the same meanings ascribed to them in The Kraft Heinz Company 2020 Omnibus Incentive Plan (as may be amended from time to time, the “Plan”).

TERMS AND CONDITIONS
Terms and Conditions • July 31st, 2009 • Home School Holdings, Inc. • Blank checks • Tennessee

This AGREEMENT between Home School Inc. (SUBSCRIBER) and Ingram Customer Systems Inc. (“ICS”) entered into on (date) will commence on 5/1/07 (date) and remain in effect until canceled by either party as set forth under the terms of cancellation. This AGREEMENT will be governed by the laws of the state of Tennessee and shall be binding on the heirs and successors of both parties.

TERMS AND CONDITIONS
Terms and Conditions • November 7th, 2016 • Dubuc Motors Inc. • California

This Terms & Conditions Agreement ("Agreement") set forth herein is between C.O. Enterprises, LLC., a California Limited Liability Company (Hereafter "Company"), located at 7080 Hollywood Blvd., Suite 1100, Los Angeles, CA. 90028, and Dubuc Motors, 2915 Ogletown Road, Newark, DE 19713. This Agreement is effective and binding as of this date of February 23, 2016. As set forth further in the accompany proposal, Company and Client will be working together on an equity crowdfunding campaign whereby Company will be marketing Client’s crowdfunding campaign via a Startengine.com webpage (Hereafter "Platform"). For purposes of this Agreement, this crowdfunding campaign will be referred to as Dubuc Motors (Hereafter "Crowdfunding Campaign").

WALGREEN CO. GENERAL TRADE AND ELECTRONIC DATA INTERCHANGE AGREEMENT SIGNATURE PAGE
Terms and Conditions • January 3rd, 2013 • Sunpeaks Ventures, Inc. • Metal mining • Illinois

THIS WALGREEN CO. GENERAL TRADE AND ELECTRONIC DATA INTERCHANGE AGREEMENT (“Agreement”), together with all attachments and exhibits attached hereto, by and between Walgreen and Vendor sets forth the terms and conditions under which the parties agree to facilitate their purchase and sale transactions. The terms and conditions contained herein shall apply to all merchandise, excluding pharmaceutical drug products, over the counter drugs/medicines and alcoholic beverages, sold by Vendor, directly or indirectly through its distributors, to Walgreen. Terms used herein and not otherwise defined shall have the meaning given them in the Uniform Commercial Code as in effect in the State of Illinois (the “UCC”). In consideration of the premises and other good and valuable consideration, the parties agree as follows:

TERMS AND CONDITIONS AWARD NOTICE AND AGREEMENT FOR
Terms and Conditions • February 23rd, 2009 • Beckman Coulter Inc • Laboratory analytical instruments • Delaware

Beckman Coulter, Inc. maintains its 2007 Long-Term Performance Plan (the “Plan”) which is incorporated into and forms a part of the Award Notice and Agreement (“Award Agreement”) and under which this award of performance shares (the “Award”) is made. These Terms and Conditions are also incorporated into and form a part of the Award Agreement. Unless otherwise expressly defined herein, all capitalized terms used in the Award Agreement shall have the same meaning assigned them in the Plan. The pronoun “you” used in this document refers to the grantee (or, as applicable, to the legal representative or other person or persons entitled to exercise under provisions relating to the death or incapacity of the grantee).

FORTUNE BRANDS, INC. FORM OF AMENDMENT TO FEBRUARY 2009, JULY 2009 AND FEBRUARY 2010 PERFORMANCE STOCK AWARDS TERMS AND CONDITIONS
Terms and Conditions • February 23rd, 2011 • Fortune Brands Inc • Heating equip, except elec & warm air; & plumbing fixtures

This Amendment (the “Amendment”) is made and entered into by and between Fortune Brands, Inc., a Delaware corporation (“Fortune”), and [—] (the “Executive”), as an amendment to the terms and conditions of the February 2009, July 2009 and February 2010 performance stock awards (the “Awards”) under the Fortune Brands, Inc. 2007 Long-Term Incentive Plan (the “Plan”).

TERMS AND CONDITIONS
Terms and Conditions • January 28th, 2019 • Gab AI Inc • Services-computer programming, data processing, etc. • Illinois

This Merchant Processing Agreement (“Agreement”) is entered into as of the date the Agreement is executed (“Effective Date”) by and among 2nd Amendment Processing, an ISO, a Michigan limited liability company (“2AP”), A national financial institution in good standings with the card brand associations national banking association (“Bank”), and the business or person that executed the Agreement and is to receive card processing services pursuant to this Agreement (“Merchant” or “you”). The Bank is a principal member of Mastercard International Inc. (“MC” or “Mastercard”) and Visa USA, Inc. (“Visa”). 2AP participates in programs affiliated with (a) Mastercard, Visa, DFS Services, LLC d/b/a Discover Network (“Discover Network”)(including any card issuer whose Cards are processed and settled through the Discover Network) and American Express Travel Related Services Company Inc. (“Amex”) and (b) certain similar entities, including without limitation those appearing in the application or pric

Amendment to Development and Manufacturing Terms and Conditions
Terms and Conditions • November 10th, 2014 • Newlink Genetics Corp • Pharmaceutical preparations • New York

This Amendment to Development and Manufacturing Terms and Conditions (this “Amendment”) is made and entered into as of September 30, 2014 by and among NewLink Genetics Corporation, a Delaware corporation (“Customer”), and WuXi AppTec, Inc., a Delaware corporation (“WuXi AppTec,” and collectively with the Customer, the “Parties”).

Terms and Conditions Modified: October 1, 2021
Terms and Conditions • January 3rd, 2022 • Realm Metaverse Real Estate Inc. • Real estate • Wyoming

These Terms and Conditions constitute the User Agreement and Terms of Service (hereafter the “Terms & Conditions”) between Blockchain Game Partners dba Gala Games (referred to as “GALA” or the “Site”) and any person, customer, or entity (referred as the “User”) utilizing the website, GALA Blockchain and any products, features and services provided thereon (“GALA Services”). These Terms & Conditions do not create any agency, partnership, or joint venture between GALA and User. By signing up for an account through GALA or any associated websites, APIs, or mobile applications, the User has read and consents to the Terms & Conditions. The User also agrees to GALA’s Privacy Policy and Code of Conduct. These Terms & Conditions may be amended and updated from time to time at the sole discretion of GALA. Revised versions will be considered effective as of the date and time posted on the GALA Site.

NR SUBLEASE TERMS AND CONDITIONS
Terms and Conditions • April 23rd, 2021 • Vividion Therapeutics, Inc. • Pharmaceutical preparations

Sublessor and Sublessee acknowledge that this Term Sheet is not a sublease and that it is intended as the basis for preparation of a sublease. The Sublease shall be subject to Sublessor’s and Sublessee’s approval and only a fully executed Sublease shall bind the parties.

TERMS AND CONDITIONS
Terms and Conditions • July 26th, 2012 • Brinks Co • Arrangement of transportation of freight & cargo
TERMS AND CONDITIONS UNDER THE NORTHERN TRUST CORPORATION LONG TERM CASH INCENTIVE PLAN
Terms and Conditions • February 24th, 2012 • Northern Trust Corp • State commercial banks • Delaware

Your Long Term Cash Incentive Award is subject to the provisions of the Northern Trust Corporation Long Term Cash Incentive Plan (the “Plan”), the Long Term Cash Incentive Award notice (the “Award Notice”), and this Terms and Conditions document (“Terms and Conditions”). The Award Notice and these Terms and Condition constitute the “Long Term Cash Incentive Award Agreement” or “Award Agreement” as defined in the Plan. If there is any conflict between the information in the Award Agreement and the Plan, the Plan will govern. Capitalized terms not defined in the Award Agreement shall have the meanings assigned to them in the Plan.

CONTRACT FOR THE SUPPLY OF MicroIR™ IMAGING MODULES between FLIR Systems AB Rinkebyvagen 19 Danderyd Sweden and BAE SYSTEMS Information and Electronic Systems Integration Inc. Lexington, Massachusetts 02421-7306 United States of America
Terms and Conditions • March 10th, 2003 • Flir Systems Inc • Search, detection, navagation, guidance, aeronautical sys • Massachusetts

This is a Contract (“The Contract”) by and between FLIR Systems AB, (hereinafter called the “Buyer”), having a place of business at Rinkebyvagen 19, Danderyd, Sweden, BAE SYSTEMS Information and Electronic Systems Integration Inc. (hereinafter called the “Seller”), having a place of business at 2 Forbes Road, Lexington, MA 02421-7306, United States of America. The Buyer and the Seller may be collectively referred to herein as the “Parties”, and each may be referred to herein as a “Party”. The Contract replaces and supercedes the contract for the supply of MicroIR™ Mictobolometer Modules between the Buyer and Sanders, a Lockheed Martin Company, IR Imaging Systems that was entered into on 9 November, 2000 and all Amendments thereto.

TERMS AND CONDITIONS
Terms and Conditions • July 29th, 2011 • Brinks Co • Arrangement of transportation of freight & cargo
Krispy Kreme Doughnut Corporation Winston Salem, NC 27103
Terms and Conditions • June 22nd, 2021 • Krispy Kreme, Inc. • Retail-food stores • North Carolina

You and Krispy Kreme Doughnut Corporation (the “Company”) are entering into an employment agreement, dated as of the date hereof (the “Employment Agreement”), pursuant to which you will serve as Chief Financial Officer of the Company commencing no later than April 1, 2017 (the “Effective Date”). This side letter agreement sets forth our understanding regarding certain provisions of the Employment Agreement related to the Company’s headquarters and your relocation to North Carolina.

DANAHER CORPORATION
Terms and Conditions • February 21st, 2020 • Danaher Corp /De/ • Industrial instruments for measurement, display, and control • Delaware

Unless otherwise defined herein, the terms defined in the Danaher Corporation 2007 Omnibus Incentive Plan, As Amended and Restated (the “Plan”) will have the same defined meanings in this Restricted Stock Unit Agreement (the “Agreement”).