Capacity and Performance Contract Clauses (60)

Grouped Into 4 Collections of Similar Clauses From Business Contracts

This page contains Capacity and Performance clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Capacity and Performance. (a)During the Term, the Executive shall be employed by Company on a full-time basis as its Chief Financial Officer. Executive shall perform such duties and responsibilities as directed by the Board of Directors of the Company (the "Board"), consistent with Executive's position on behalf of Company. (b)Executive shall devote his full business time, attention, skill, and best efforts to the performance of his duties under this Agreement and shall not engage in any other business or occupation duri...ng the Term of Employment, including, without limitation, any activity that: (x) conflicts with the interests of the Company or any other member of the Company Group, (y) interferes with the proper and efficient performance of Executive's duties for the Company, or (z) interferes with Executive's exercise of judgment in the Company's best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive from: (i) serving, with the prior written consent of the Board, as a member of the Board of Directors or Advisory Board (or the equivalent in the case of a non-corporate entity) of a noncompeting for-profit business and one or more charitable organizations, (ii) engaging in charitable activities and community affairs, and (iii) managing Executive's personal investments and affairs and (iv) continuing tax advisory work for existing clients; provided, however, that the activities set out in clauses (i), (ii), (iii) and (iv) shall be limited by Executive so as not to materially interfere, individually or in the aggregate, with the performance of his duties and responsibilities hereunder. (c)Executive's employment with Company shall be exclusive with respect to the business of Company. Accordingly, during the Term, Executive shall devote Executive's full business time and Executive's best efforts, business judgment, skill and knowledge to the advancement of the business and interests of Company and the discharge of Executive's duties and responsibilities hereunder, except for permitted vacation (and other paid time off) periods, reasonable periods of illness or incapacity, and reasonable and customary time spent on civic, charitable and religious activities, in each case such activities shall not interfere in any material respect with Executive's duties and responsibilities hereunder. (d)During the Term, the Executive will report directly to the Chief Executive Officer. (e)On the Effective Date, the Board shall appoint Executive as the Chief Financial Officer (f)Executive shall be employed to perform his duties under this Agreement at the primary office location of Company, or at such other location or locations as may be mutually agreeable to Executive and Company. Notwithstanding this, it is expected that the Executive shall be required to travel a reasonable amount of time in the performance of his duties under this Agreement. View More
Found in 60 DEGREES PHARMACEUTICALS, INC. contract
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Capacity and Performance. (a)During (a) During the Term, the Executive shall be employed by the Company on a full-time basis as its Chief Financial Officer. the President. The Executive shall perform such duties and responsibilities as directed by the Board of Directors of the Company (the "Board"), consistent with Executive's his position on behalf of the Company. (b)Executive shall devote his full business time, attention, skill, and best efforts The Company reserves the right to change the performance Executive's titl...e at its discretion, including, but not limited to, reporting to a chief executive officer of his duties under this Agreement and shall not engage in any other business or occupation during the Term of Employment, including, without limitation, any activity that: (x) conflicts Company. (b) The Executive's employment with the interests of the Company or any other member of the Company Group, (y) interferes with the proper and efficient performance of Executive's duties for the Company, or (z) interferes with Executive's exercise of judgment in the Company's best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive from: (i) serving, with the prior written consent of the Board, as a member of the Board of Directors or Advisory Board (or the equivalent in the case of a non-corporate entity) of a noncompeting for-profit business and one or more charitable organizations, (ii) engaging in charitable activities and community affairs, and (iii) managing Executive's personal investments and affairs and (iv) continuing tax advisory work for existing clients; provided, however, that the activities set out in clauses (i), (ii), (iii) and (iv) shall be limited by Executive so as not to materially interfere, individually or in the aggregate, with the performance of his duties and responsibilities hereunder. (c)Executive's employment with Company shall be exclusive with respect to the business Business of the Company. Accordingly, during the Term, the Executive shall devote Executive's his full business time and Executive's his best efforts, business judgment, skill and knowledge to the advancement of the business and interests of the Company and to the discharge of Executive's his duties and responsibilities hereunder, except for permitted vacation (and other paid time off) periods, reasonable periods of illness or incapacity, and reasonable and customary time spent on civic, charitable and religious activities, in each case such activities shall not interfere in any material respect with Executive's his duties and responsibilities hereunder. (d)During (c) During the Term, the Executive will report directly to the Chief Executive Officer. (e)On Officer of McKean and the Effective Date, the Board shall appoint Executive as the Chief Financial Officer (f)Executive shall be employed to perform his duties under this Agreement at the primary office location Company's board of Company, or at such other location or locations as may be mutually agreeable to Executive and Company. Notwithstanding this, it is expected that the Executive shall be required to travel a reasonable amount of time in the performance of his duties under this Agreement. directors. View More
Found in MIKROS SYSTEMS CORP contract
Capacity and Performance. (a)During (a) During the Term, the Executive shall be employed by Company on a full-time basis as its President and Chief Financial Executive Officer. Executive shall perform such duties and responsibilities as directed by the Board of Directors of the Company (the "Board"), consistent with Executive's position on behalf of Company. (b)Executive shall devote his full business time, attention, skill, and best efforts to the performance of his duties under this Agreement and shall not engage in an...y other business or occupation during the Term of Employment, including, without limitation, any activity that: (x) conflicts with the interests of the Company or any other member of the Company Group, (y) interferes with the proper and efficient performance of (b) Executive's duties for the Company, or (z) interferes with Executive's exercise of judgment in the Company's best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive from: (i) serving, with the prior written consent of the Board, as a member of the Board of Directors or Advisory Board (or the equivalent in the case of a non-corporate entity) of a noncompeting for-profit business and one or more charitable organizations, (ii) engaging in charitable activities and community affairs, and (iii) managing Executive's personal investments and affairs and (iv) continuing tax advisory work for existing clients; provided, however, that the activities set out in clauses (i), (ii), (iii) and (iv) shall be limited by Executive so as not to materially interfere, individually or in the aggregate, with the performance of his duties and responsibilities hereunder. (c)Executive's employment with Company shall be exclusive with respect to the business Business of Company. Accordingly, during the Term, Executive shall devote Executive's full business time and Executive's best efforts, business judgment, skill and knowledge to the advancement of the business and interests of Company and to the discharge of Executive's duties and responsibilities hereunder, except for permitted vacation (and other paid time off) periods, reasonable periods of illness or incapacity, and reasonable and customary time spent on civic, charitable and religious activities, in each case such activities shall not interfere in any material respect with Executive's duties and responsibilities hereunder. (d)During (c) During the Term, the Executive will report directly to the Chief Executive Officer. (e)On Board of Directors (the "Board"). (d) On the Effective Start Date, the Board shall appoint Executive as a director of Company and shall, during the Chief Financial Officer (f)Executive Term, nominate and recommend Executive for election as a director. Executive acknowledges and agrees that Executive is not entitled to any additional compensation in respect of Executive's appointment as a director of Company. If, during the Term, Executive ceases to be a director of Company for any reason, Executive's employment with the Company will continue (unless terminated in accordance with Section 5) and all terms of this Agreement (other than those relating to Executive's position as a director of Company) will continue in full force and effect and Executive will have no claims in respect of such cessation of office. Executive agrees to abide by all statutory, fiduciary or common law duties arising under applicable law that apply to Executive as a director of Company. (e) Executive shall be employed to perform his duties under this Agreement at the primary principal office location of Company, which currently is in Horsham, Pennsylvania, or at such other location or locations as may be mutually agreeable to Executive and Company. Company (including reasonable provisions during the COVID-19 national public health emergency). Notwithstanding this, it is expected that the Executive shall be required to travel a reasonable amount of time in the performance of his duties under this Agreement. Agreement (f) Notwithstanding clauses (a), (b) and (e) of this Section 3, Executive may, until March 31, 2021, assist, without any time or other restrictions, Encore Dermatology, Inc., in a consulting or advisory basis, with existing matters and pending work in process. View More
Found in STRATA Skin Sciences, Inc. contract
Capacity and Performance. (a)During (a) During the Term, the Executive shall be employed by Company on a full-time basis as its President and Chief Financial Executive Officer. Executive shall perform such duties and responsibilities as directed by the Board of Directors of the Company (the "Board"), consistent with Executive's position on behalf of Company. (b)Executive (b) Executive shall devote his full business time, attention, skill, and best efforts to the performance of his duties under this Agreement and shall no...t engage in any other business or occupation during the Term of Employment, including, without limitation, any activity that: that (x) conflicts with the interests of the Company or any other member of the Company Group, (y) interferes with the proper and efficient performance of Executive's duties for the Company, or (z) interferes with Executive's exercise of judgment in the Company's best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive from: from (i) serving, with the prior written consent of the Board, as a member of the Board of Directors or Advisory Board (or the equivalent in the case of a non-corporate entity) of a noncompeting for-profit business and one or more charitable organizations, (ii) engaging in charitable activities and community affairs, and (iii) managing Executive's personal investments and affairs and (iv) continuing tax advisory work for existing clients; affairs; provided, however, that the activities set out in clauses (i), (ii), and (iii) and (iv) shall be limited by Executive so as not to materially interfere, individually or in the aggregate, with the performance of his duties and responsibilities hereunder. (c)Executive's (c) Executive's employment with Company shall be exclusive with respect to the business Business of Company. Accordingly, during the Term, Executive shall devote Executive's full business time and Executive's best efforts, business judgment, skill and knowledge to the advancement of the business and interests of Company and the discharge of Executive's duties and responsibilities hereunder, except for permitted vacation (and other paid time off) periods, reasonable periods of illness or incapacity, and reasonable and customary time spent on civic, charitable and religious activities, in each case such activities shall not interfere in any material respect with Executive's duties and responsibilities hereunder. (d)During (d) During the Term, the Executive will report directly to the Chief Executive Officer. (e)On Board. (e) On the Effective Start Date, the Board shall appoint Executive as a director of Company and shall, during the Chief Financial Officer (f)Executive Term, nominate and recommend Executive for election as a director. Executive acknowledges and agrees that Executive is not entitled to any additional compensation in respect of Executive's appointment as a director of Company. If during the Term, Executive ceases to be a director of Company for any reason, Executive's employment with the Company will continue (unless terminated under Section 5), and all terms of this Agreement (other than those relating to Executive's position as a director of Company) will continue in full force, and effect and Executive will have no claims in respect of such cessation of office. Executive agrees to abide by all statutory, fiduciary or common law duties arising under applicable law that apply to Executive as a director of Company. (f) Executive shall be employed to perform his duties under this Agreement at the primary office location of Company, which currently is in Ontario, Canada, or at such other location or locations as may be mutually agreeable to Executive and Company. Company (including reasonable provisions during the COVID-19 national public health emergency). Notwithstanding this, it is expected that the Executive shall be required to travel a reasonable amount of time in the performance of his duties under this Agreement. View More
Found in Franchise Holdings International, Inc. contract
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Capacity and Performance. 3.1. Offices. During the term hereof, the Executive shall serve the Company in the office of Chief Executive Officer. In such capacity, the Executive shall be responsible for the Company's operations and financial performance and the coordination of the Company's strategic direction. In addition, for as long as the Executive is employed by the Company and without further compensation, the Executive shall be nominated to serve as a member of the Company's Board of Directors (the "Board") and, if ...so elected by the Company's shareholders, shall serve as a member of the Board. Further, for so long as the Executive is employed hereunder and without further compensation, the Executive shall serve as a director and officer of DPLLC and of one or more of the Company's other Affiliates, if so elected or appointed from time to time. The Executive shall be subject to the direction of the Board and shall have such other powers, duties and responsibilities consistent with the Executive's position as Chief Executive Officer as may from time to time be prescribed by the Board. 3.2. Performance. During the term hereof, the Executive shall be employed by the Company on a full-time basis and shall perform and discharge, faithfully, diligently and to the best of his ability, his duties and responsibilities hereunder. During the term hereof, the Executive shall devote his full business time exclusively to the advancement of the business and interests of the Company and its Affiliates and to the discharge of his duties and responsibilities hereunder. The Executive shall not engage in any other business activity or serve in any industry, trade, professional, governmental, political, charitable or academic position during the term of this Agreement, except for such directorships or other positions which he currently holds and has disclosed to the Company on Exhibit A hereof and except as otherwise may be approved in advance by the Board. View More
Found in Domino's Pizza Inc contract
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Capacity and Performance. 3.1. Offices. During (a)During the term hereof, Term, the Executive shall serve the Company in the office of as its Chief Executive Officer. In such capacity, the Executive shall be responsible for the Company's operations and financial performance and the coordination of the Company's strategic direction. In addition, for as long as the Executive is employed by the Company and without further compensation, the Executive shall be nominated to serve as a member of the Company's Board of Directors... (the "Board") and, if so elected by the Company's shareholders, shall serve as a member of the Board. Further, for so long as the Executive is employed hereunder and without further compensation, the Executive shall serve as a member of the Board of Directors of the Company and/or director and and/or officer of DPLLC and of one or more of the Company's other Affiliates, in each case if so elected or appointed from time to time. The Executive shall be subject to (b)During the direction of the Board and shall have such other powers, duties and responsibilities consistent with the Executive's position as Chief Executive Officer as may from time to time be prescribed by the Board. 3.2. Performance. During the term hereof, Term, the Executive shall be employed by the Company on a full-time basis and shall perform and discharge, faithfully, diligently and to the best of his ability, his duties and responsibilities hereunder. During of his position, and such other duties and responsibilities on behalf of the term hereof, Company and its Affiliates as reasonably may be designated from time to time by the Board or by its Chair or other designee and agreed to by Executive. (c)During the Term, the Executive shall devote his full business time and his best efforts, business judgment, skill and knowledge exclusively to the advancement of the business and interests of the Company and its Affiliates and to the discharge of his duties and responsibilities hereunder. Executive may serve on up to two outside boards (or serve in a similar advisory capacity), so long as such participation does not conflict with the interests of the Company or the Executive's duties or responsibilities hereunder. The Executive shall not engage in any other business activity or serve in any industry, trade, professional, governmental, political, charitable governmental or academic position during the term of this Agreement, except for such directorships or other positions which he currently holds and has disclosed to the Company on Exhibit A hereof and except as otherwise may be expressly approved in advance by the Board. Board in writing. View More
Found in Skyline Champion Corp contract
Capacity and Performance. 3.1. 3.1 Offices. During the term hereof, Term, the Executive shall serve the Company in the office of as its Executive Vice President, Chief Executive Financial Officer. In such capacity, the Executive shall be responsible for the Company's operations and financial performance and the coordination of the Company's strategic direction. In addition, for as long as the Executive is employed by the Company and without further compensation, the Executive shall be nominated to serve as a member of th...e Company's Board of Directors (the "Board") and, if so elected by the Company's shareholders, shall serve as a member of the Board. Further, for so long as the Executive is employed hereunder and without further compensation, the Executive shall serve as a director and officer of DPLLC and of one or more of the Company's other Affiliates, if so elected or appointed from time to time. The Executive shall be subject to the direction of the Board and shall have such other powers, duties and responsibilities consistent with the Executive's position as Executive Vice President, Chief Executive Financial Officer as may from time to time be prescribed by the Board. 3.2. Chief Executive Officer of the Company (the "CEO"). 3.2 Performance. During the term hereof, Term, the Executive shall be employed by the Company on a full-time basis and shall perform and discharge, faithfully, diligently and to the best of his his/her ability, his his/her duties and responsibilities hereunder. During the term hereof, Term, the Executive shall devote his his/her full business time exclusively to the advancement of the business and interests of the Company and its Affiliates and to the discharge of his his/her duties and responsibilities hereunder. The Executive shall not engage in any other business activity or serve in any industry, trade, professional, governmental, political, charitable or academic position during the term of this Agreement, Term, except for such directorships or other positions which he he/she currently holds and has disclosed to the Company CEO on Exhibit A hereof and except as otherwise may be approved in advance by the Board. CEO. View More
Found in Domino's Pizza Inc contract
Capacity and Performance. 3.1. Offices. During the term hereof, the Term, Executive shall serve the Company in the office of as its Chief Executive Officer. In such capacity, the Executive shall be responsible for the Company's operations and financial performance and the coordination of the Company's strategic direction. In addition, for as long as the Executive is employed by the Company and without further compensation, the Executive shall be nominated Officer, reporting to serve as a member of the Company's Board of ...Directors (the "Board") and, if so elected by the Company's shareholders, shall "Board"). In addition, and without further compensation, Executive may also serve as a member of the Board. Further, for so long as the In addition, Executive is employed hereunder and without further compensation, the Executive shall may also serve as a director and and/or officer of DPLLC and of one or more of the Company's other Affiliates, if so elected or appointed from time to time. The Executive shall be subject to the direction of the Board and shall have such other powers, duties and responsibilities consistent with the Executive's position as Chief Executive Officer as may from time to time be prescribed by the Board. 3.2. Performance. During the term hereof, the Term, Executive shall be employed by the Company on a full-time basis and shall perform such duties as are intrinsic to his position and discharge, faithfully, diligently and to the best of his ability, his such other duties and responsibilities hereunder. on behalf of the Company and its Affiliates as may reasonably be designated from time to time by the Board or by its designees. During the term hereof, the Term, Executive shall devote his full business time and his best efforts, business judgment, skill and knowledge exclusively to the advancement of the business and interests of the Company and its Affiliates and to the discharge of his duties and responsibilities hereunder. The Executive shall not actively engage in any other business activity or serve during the Term, but may participate in any industry, trade, professional, governmental, political, charitable and community activities and manage personal investments so long as such activities, either individually or academic position during in the term aggregate, do not unreasonably conflict with the interests of this Agreement, except for such directorships the Company and its Affiliates or other positions which he currently holds and has disclosed unreasonably interfere with the discharge of Executive's responsibilities to the Company and its Affiliates. Executive may serve on Exhibit A hereof and except as otherwise may be approved in advance by the boards of directors of other companies only with the prior express permission of the Board. View More
Found in MICROVISION, INC. contract
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Capacity and Performance. (a)During the Term, the Executive shall serve the Company and Skyline as its President and Chief Executive Officer. (b)During the Term, the Executive shall be employed by the Company on a full-time basis and shall perform the duties and responsibilities of his position, and such other duties and responsibilities on behalf of the Company and its Affiliates as reasonably may be designated from time to time by the Board of Directors of Skyline Champion Corporation (the "Board"). (c)During the Term,... the Executive shall devote his business time and his best efforts, business judgment, skill and knowledge exclusively to the advancement of the business and interests of the Company and its Affiliates. The Executive should not engage in any other business activity or serve in any industry, trade, professional, governmental or academic position during the term of this Agreement that would restrict his ability to advance the business. After a period of two years from the Effective Date, the Executive is eligible and encouraged to participate as a board member of an independent company. View More
Found in Skyline Champion Corp contract
Capacity and Performance. (a)During the Term, the Executive shall serve the Company and Skyline as its President Senior Vice President, General Counsel and Chief Executive Officer. Secretary. (b)During the Term, the Executive shall be employed by the Company on a full-time basis and shall perform the duties and responsibilities of his position, and such other duties and responsibilities on behalf of the Company and its Affiliates as reasonably may be designated from time to time by the Board of Directors of Skyline Champ...ion Corporation (the "Board"). (c)During the Term, the Executive shall devote his business time and his best efforts, business judgment, skill and knowledge exclusively to the advancement of the business and interests of the Company and its Affiliates. The Executive should not engage in any other business activity or serve in any industry, trade, professional, governmental or academic position during the term of this Agreement that would restrict his ability to advance the business. After a period of two years from the Effective Date, the The Executive is eligible and encouraged to participate as a board member of an one independent company. company, subject to the consent of the Chief Executive Officer. View More
Found in Skyline Champion Corp contract
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Capacity and Performance. (a) The Executive shall be employed by the Company on a full-time basis in the exempt position of CEO. The Executive shall report to the Board of Directors of the Company (the "Company Board"). The Executive shall perform such duties and responsibilities on behalf of the Company and its Affiliates as may be designated from time to time by the Company Board. In addition, and without further compensation, the Executive shall serve on the Company Board, the Board of Directors of Parent (the "Parent... Board"), and as the CEO of Parent as and when elected to such position by the Parent Board. After the current Chairman of the Parent Board and Company Board steps down (but no later than June 30, 2022), Executive shall serve as the Chairman of the Parent Board and Company Board or shall have the right to identify a candidate to serve as the Chairman of the Parent Board and Company Board, subject, in each case, to the Executive's nomination (or the nomination of the candidate identified by the Executive) as a director by the nominating and corporate governance committee of the Parent Board (if then applicable) and the Company Board, and election by the Company's shareholders, pursuant to the Parent's articles of association, the Israeli Companies Law, 5759-1999 and the listing rules of the Nasdaq Stock Market. (b) The Executive shall devote the Executive's best efforts, business judgment, skill and knowledge to the advancement of the business and interests of the Company and its Affiliates and to the discharge of the Executive's duties and responsibilities hereunder. The Executive shall not engage in any other business activity or serve in any industry, trade, professional, governmental, academic, civic or charitable position, whether paid or unpaid, without the prior approval of the Company Board, to be granted or withheld in the Company Board's reasonable determination. Notwithstanding the foregoing, with advance notice to the Company Board, Executive may hold positions on up to three (3) boards of directors at any time, subject to Board approval and so long as the Board determines that (i) this commitment does not interfere with the performance of the Executive's duties for the Company, and (ii) the companies or institutions for which the Executive serves as a director are not competitive with, and do not conflict with the business or scientific pursuits of the Company. Pursuant to the foregoing sentence, the Company grants its approval of the Executive's serving on the boards of Axosim, Inc., Ancilia Biosciences, and The JMB Companies. View More
Found in Anchiano Therapeutics Ltd. contract
Capacity and Performance. (a) The Executive shall be employed by the Company on a full-time basis in the exempt position of CEO. Executive Vice President, CFO-COO. The Executive shall report to the Board of Directors Chief Executive Officer of the Company (the "Company Board"). "CEO") Executive will also have a dotted line reporting relationship to the Audit Committee of the Company Board. The Executive shall perform such duties and responsibilities on behalf of the Company and its Affiliates as may be designated from ti...me to time by the Company Board. In addition, and without further compensation, the Executive shall serve on the Company Board, the Board of Directors of Parent (the "Parent Board"), and as the CEO of Parent as and when elected to such position by the Parent Board. After the current Chairman of the Parent Board and Company Board steps down (but no later than June 30, 2022), Executive shall serve as the Chairman of the Parent Board and Company Board or shall have the right to identify a candidate to serve as the Chairman of the Parent Board and Company Board, subject, in each case, to the Executive's nomination (or the nomination of the candidate identified by the Executive) as a director by the nominating and corporate governance committee of the Parent Board (if then applicable) and the Company Board, and election by the Company's shareholders, pursuant to the Parent's articles of association, the Israeli Companies Law, 5759-1999 and the listing rules of the Nasdaq Stock Market. CEO. (b) The Executive shall devote the Executive's best efforts, business judgment, skill and knowledge to the advancement of the business and interests of the Company and its Affiliates and to the discharge of the Executive's duties and responsibilities hereunder. The Executive shall not engage in any other business activity or serve in any industry, trade, professional, governmental, academic, civic or charitable position, whether paid or unpaid, without the prior written approval of the Company Board, to be granted or withheld in the Company Board's reasonable determination. Notwithstanding the foregoing, with advance notice to the Company Board, Executive may hold positions on up to three (3) boards of directors at any time, subject to Company Board approval and so long as the Company Board determines that (i) this commitment does not interfere with the performance of the Executive's duties for the Company, and (ii) the companies or institutions for which the Executive serves as a director are not competitive with, and do not conflict with with, the business or scientific pursuits of the Company. Pursuant to the foregoing sentence, the Company grants its approval of the Executive's serving on the boards of Axosim, Inc., Ancilia Biosciences, and The JMB Companies. View More
Found in Anchiano Therapeutics Ltd. contract
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