Capacity and Performance Clause Example with 11 Variations from Business Contracts
This page contains Capacity and Performance clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
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
Variations of a "Capacity and Performance" Clause from Business Contracts
Capacity and Performance. (a)During (a) During the Term, term hereof, the Executive shall serve the Company as its Chief Executive Officer. (b) During the term hereof, the Executive shall be employed by the Company on a full-time basis as its Chief Financial Officer. Executive and shall perform such the duties and responsibilities of the Executive's position and such other duties and responsibilities consistent with the Executive's title and position on behalf of the Company and its Affiliates as directed reasonably may ...be designated from time to time by the Board board of Directors managers of the Company (the "Board"), consistent with Executive's position on behalf of Company. (b)Executive "Board") or its designees. (c) During the term hereof, the Executive shall devote his the Executive's full business time, attention, skill, attention and best efforts to the performance 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 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 the Company and its Affiliates and Affiliated Physician Practices 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 or academic position during the term of this Agreement that would conflict or interfere with the performance of the 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, as may be expressly approved in each case such activities shall not interfere advance by the Board in any material respect with Executive's duties and responsibilities hereunder. (d)During the Term, writing; provided, however, that the Executive will report directly to may, without the Chief Board's advance consent, (i) act or serve as a director, trustee, committee member, or principal of, or otherwise participate in the activities of, any type of civic or charitable organization, and (ii) purchase or own less than two percent (2%) of the publicly traded securities of any corporation; provided, that, such ownership represents a passive investment and that the Executive Officer. (e)On is not a controlling person of, or a member of a group that controls, such corporation; provided, further, that the Effective Date, activities described in clauses (i) and (ii) above do not, individually or in the Board shall appoint Executive as aggregate, interfere with the Chief Financial Officer (f)Executive shall be employed to perform his performance of the Executive's duties under this Agreement Agreement, are not in conflict with the business interests of the Company or any of its Affiliates or Affiliated Physician Practices and do not violate any provision of Section 7, 8 or 9 hereof. (d) During the term hereof, the Executive shall comply with all Company policies, practices and procedures and all codes of ethics or business conduct applicable to the Executive's position, as in effect from time to time. (e) The principal place of the Executive's employment shall be the Company's principal office, currently located 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 1717 Main Street, Suite 5850, Dallas, TX 75201; provided, that the Executive shall may be required to travel a reasonable amount of time in on Company business during the performance of his duties under this Agreement. term hereof. View More
Capacity and Performance. (a)During (a) During the Term, term hereof, the Executive shall be employed by the Company on a full-time basis and shall serve the Company as its Chief Financial Officer. President. In such capacity, the Executive shall perform such duties and responsibilities as directed by report to the Board of Directors of the Company (the "Board"), and the Executive shall have such duties as are consistent with the Executive's position on behalf of Company. (b)Executive shall devote his full business time,... attention, skill, and best efforts as may from time to time be assigned to the performance Executive by the Board. Without limitation of the foregoing, the Executive will be in charge of all of the Company's centers and their employees and for all clinical functions of the Company. The Chief Medical Officer of the Company, the Chief People Officer of the Company, the Chief Technology Officer of the Company, all employees involved in center operations, all sales and marketing employees and all personnel responsible for developing new sites will report to the Executive. The Chief Financial Officer of the Company, the General Counsel of the Company, all employees involved in investor relations and all personnel solely responsible for acquisitions will not report to the Executive. Notwithstanding anything to the contrary in the foregoing, the Executive will take on additional responsibilities and direct reports in his duties under this Agreement first role of operations, such that, by the end of the Executive's first nine (9) months of employment, the Executive will have responsibility for the finance, legal, investor relations and shall not engage in any other business or occupation during the Term of Employment, mergers and acquisitions functions, including, without limitation, any activity that: (x) conflicts with having 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 related employees report 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 Executive. (b) During the Term, term hereof, the Executive shall devote substantially all of the Executive's full business time and the Executive's reasonable best efforts, business judgment, skill and knowledge to the advancement of the business and interests of the Company and its Affiliates (as defined below) 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 the Executive's duties and responsibilities hereunder. (d)During The Executive shall not engage in any other business activity or serve in any industry, trade, professional, governmental or academic position during the Term, term of this Agreement, except as may be expressly approved in advance by the Board in writing, which approval shall not be unreasonably withheld; provided, however, that the Executive will report directly to may, without advance consent, participate in charitable activities and passive personal investment activities, provided that such activities do not, individually or in the Chief Executive Officer. (e)On aggregate, interfere with the Effective Date, performance of the Board shall appoint Executive as the Chief Financial Officer (f)Executive shall be employed to perform his Executive's duties under this Agreement at Agreement, are not in conflict with the primary office location business interests of Company, the Company or at such other location any of its Affiliates and do not violate Sections 7, 8 or locations as may be mutually agreeable to Executive 9 of this Agreement. The Company acknowledges and Company. Notwithstanding this, it is expected agrees that the Executive currently serves on the Board of Directors of Kepro and may continue such service subject to the foregoing limitations. (c) During the term hereof, the Executive shall be required comply with all of the Company's written policies, practices and codes of conduct applicable to travel a reasonable amount the Executive's position and made available to the Executive, as in effect from time to time. (d) The Executive acknowledges and agrees that the Executive must reside within driving distance of time the Company's headquarters in Denver, Colorado during the performance of his duties under this Agreement. term hereof. View More
Capacity and Performance. (a)During (a) During the Term, term hereof, the Executive shall serve the Company as its Chief Operating Officer. (b) During the term hereof, the Executive shall be employed by the Company on a full-time basis as its Chief Financial Officer. Executive and shall perform such the duties and responsibilities of the Executive's position and such other duties and responsibilities consistent with the Executive's title and position on behalf of the Company and its Affiliates as directed reasonably may ...be designated from time to time by the Board board of Directors managers of the Company (the "Board"), consistent with Executive's position on behalf of Company. (b)Executive "Board") or its designees. (c) During the term hereof, the Executive shall devote his the Executive's full business time, attention, skill, attention and best efforts to the performance 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 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 the Company and its Affiliates and Affiliated Physician Practices 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 or academic position during the term of this Agreement that would conflict or interfere with the performance of the 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, as may be expressly approved in each case such activities shall not interfere advance by the Board in any material respect with Executive's duties and responsibilities hereunder. (d)During the Term, writing; provided, however, that the Executive will report directly to may, without the Chief Board's advance consent, (i) act or serve as a director, trustee, committee member, or principal of, or otherwise participate in the activities of, any type of civic or charitable organization, and (ii) purchase or own less than two percent (2%) of the publicly traded securities of any corporation; provided, that, such ownership represents a passive investment and that the Executive Officer. (e)On is not a controlling person of, or a member of a group that controls, such corporation; provided, further, that the Effective Date, activities described in clauses (i) and (ii) above do not, individually or in the Board shall appoint Executive as aggregate, interfere with the Chief Financial Officer (f)Executive shall be employed to perform his performance of the Executive's duties under this Agreement at Agreement, are not in conflict with the primary office location business interests of Company, the Company or at such other location any of its Affiliates or locations Affiliated Physician Practices and do not violate any provision of Section 7, 8 or 9 hereof. (d) During the term hereof, the Executive shall comply with all Company policies, practices and procedures and all codes of ethics or business conduct applicable to the Executive's position, as in effect from time to time. (e) The Executive may be mutually agreeable to work remotely from the Company's principal office, as long as he complies with the Company's personnel handbook provisions regarding working remotely. The Executive and Company. Notwithstanding this, it is expected acknowledges that the Executive shall may be required to travel a reasonable amount of time in on Company business during the performance of his duties under this Agreement. term hereof. View More
Capacity and Performance. (a)During (a) During the Term, term hereof, the Executive shall be employed by the Company on a full-time basis and shall serve the Company as its Chief Financial Officer. Operating Officer, In such capacity, the Executive shall perform report to the President and Chief Executive Officer of the Company (the "Chief Executive Officer"), and the Executive shall have such duties as are consistent with the Executive's position and responsibilities as directed may from time to time be assigned to the ...Executive by the Chief Executive Officer or 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 "Board"). (b) During the performance of his duties under this Agreement and shall not engage in any other business or occupation during term hereof, 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 substantially all of the Executive's full business time and the Executive's best efforts, business judgment, skill and knowledge to the advancement of the business and interests of the Company and its Affiliates (as defined below) 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 the Executive's duties and responsibilities hereunder. (d)During The Executive shall not engage in any other business activity or serve in any industry, trade, professional, governmental or academic position during the Term, the Executive will report directly to term of this Agreement, except as may be expressly approved in advance by the Chief Executive Officer. (e)On Officer in writing, which approval shall not be unreasonably withheld; provided, however, that the Effective Date, Executive may without advance consent participate in charitable activities and passive personal investment activities, provided that such activities do not, individually or in the Board shall appoint Executive as aggregate, interfere with the Chief Financial Officer (f)Executive shall be employed to perform his performance of the Executive's duties under this Agreement at Agreement, are not in conflict with the primary office location business interests of Company, the Company or at such other location any of its Affiliates and do not violate Sections 8, 9 or locations as may be mutually agreeable to Executive and Company. Notwithstanding this, it is expected that 10 of this Agreement. (c) During the term hereof, the Executive shall be required comply with all of the Company's written policies, practices and codes of conduct applicable to travel a reasonable amount of the Executive's position, as in effect from time in the performance of his duties under this Agreement. to time. View More
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
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
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 Executive Officer. The Executive shall perform such duties and responsibilities undertaken by persons situated in a similar capacity at a similar company. The Executive shall also perform such other duties, as directed requested by the Board of Directors of the Company (the "Board"), consistent with the Executive's position on behalf of the Company. (b)Executive 1 (b) The Exe...cutive shall devote his her full business time, attention, skill, and best efforts to the performance of his her duties under this Agreement and shall not engage in any other business or occupation during the Term of Employment, Term, including, without limitation, any activity that: (x) (i) conflicts with the interests of the Company or any other member of the Company Group, (y) (ii) interferes with the proper and efficient performance of the Executive's duties for the Company, or (z) (iii) interferes with the Executive's exercise of judgment in the Company's best interests. Notwithstanding the foregoing, nothing herein shall preclude the 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 any for-profit business and one or more charitable organizations, (ii) engaging in charitable activities and community affairs, and (iii) managing the 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 the Executive so as not to materially interfere, individually or in the aggregate, with the performance of his her duties and responsibilities hereunder. (c)Executive's (c) Subject to the provisions of Section 3(b) hereof, the Executive's employment with the Company shall be exclusive with respect to the business of the Company. Accordingly, during the Term, the Executive shall devote the Executive's full business time and the Executive's best efforts, business judgment, skill skill, and knowledge to the advancement of the business and interests of the Company and the discharge of the Executive's duties and responsibilities hereunder, except for (i) permitted vacation (and and other paid time off) off periods, (ii) reasonable periods of illness or incapacity, and reasonable and customary time spent on civic, charitable and religious activities, (iii) the activities set forth in each case such activities shall not interfere in any material respect with Executive's duties and responsibilities hereunder. (d)During Section 3(b) hereof. (d) During the Term, the Executive will report directly to the Chief Board. (e) The Executive Officer. (e)On acknowledges and agrees that the Effective Date, Executive is not entitled to any additional compensation serving as a director of the Board shall appoint Company. If during the Term, the Executive ceases to be a director of Company for any reason, the Executive's employment with the Company will continue (unless terminated under Section 5), and all terms of this Agreement (other than those relating to the Executive's position as a director of the Company) will continue in full force and effect. The Executive agrees to abide by all statutory, fiduciary, or common law duties arising under applicable law that apply to the Executive as a director of the Chief Financial Officer (f)Executive Company. (f) The Executive shall be employed to perform his her duties under this Agreement at the primary office location of the Company, or at such other location or locations as may be mutually agreeable to the Executive and Company. the 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 time, in Executive's discretion, in the performance of his her duties under this Agreement. View More
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
Capacity and Performance. (a)During the Term, the Executive shall be employed by Company on a full-time basis as its Chief Financial Technology Officer. Executive shall perform such duties and responsibilities as directed by the Board of Directors of the Company (the "Board"), "Board") and the Chief Executive Officer, 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 shal...l not engage in any 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 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; 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 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. Board. (e)On the Effective Date, the Board shall appoint Executive as a director (Chairman of the Chief Financial Officer Board) of Company and shall, during the 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, 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
Capacity and Performance. (a)During the Term, the Executive shall be employed by Company on a full-time basis as its 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 any other business or occup...ation 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 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; 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 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. Board. (e)On the Effective Date, the Board shall appoint Executive as a director (Chairman of the Chief Financial Officer Board) of Company and shall, during the 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, 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
