Duties and Scope of Employment Clause Example with 26 Variations from Business Contracts
This page contains Duties and Scope of Employment 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.
Duties and Scope of Employment. (a) Position. For the term of your employment under this Agreement (your "Employment"), the Company agrees to employ you in the position of Chief Financial Officer. You shall report to the Company's Chief Executive Officer. You shall perform the duties and have the responsibilities and authority customarily performed and held by an employee in your position or as otherwise may be assigned or delegated to you by the Company's Chief Executive Officer. (b) Obligations to the Company. During your Em...ployment, you shall devote your full business efforts and time to the Company and shall not assist any person or entity in competing with the Company or in preparing to compete with the Company. During your Employment, without the prior written approval of the Company's Board of Directors (the "Board"), you shall not render services in any capacity to any other person or entity and shall not act as a sole proprietor or partner of any other person or entity or own more than five percent (5%) of the stock of any other corporation. Notwithstanding the foregoing, you may serve on corporate, civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, teach at educational institutions, or manage personal investments without such advance written consent, provided that such activities do not individually or in the aggregate interfere with the performance of your duties under this Agreement. You shall comply with the Company's policies and rules, as they may be in effect from time to time during your Employment. (c) No Conflicting Obligations. You represent and warrant to the Company that you are under no obligations or commitments, whether contractual or otherwise, that are inconsistent with your obligations under this Agreement. In connection with your Employment, you shall not use or disclose any trade secrets or other proprietary information or intellectual property in which you or any other person has any right, title or interest and your Employment shall not infringe or violate the rights of any other person. You represent and warrant to the Company that you have returned all property and confidential information belonging to any prior employer.View More
Variations of a "Duties and Scope of Employment" Clause from Business Contracts
Duties and Scope of Employment. (a) Position. For the term of your employment under this Agreement (your "Employment"), the Company agrees to continue to employ you in the exempt position of Chief Financial Executive Officer. You shall will continue to report to the Company's Chief Executive Officer. Board of Directors (the "Board"). You shall will continue working out of the Company's office in Newark, California, it also being understood that the Company may require you to perform business travel to other locations from time... to time in connection with the Company's business. You will perform the duties and have the responsibilities and authority customarily performed and held by an employee in your position or position. During your tenure as otherwise may be assigned or delegated to Chief Executive Officer, you by will also participate as a member of the Company's Chief Executive Officer. Board. (b) Obligations to the Company. During the term of your Employment, you shall will devote your full business efforts and time to the Company and shall not assist any person or entity in competing with the Company or in preparing to compete with the Company. During your Employment, you agree that you will not engage in any other employment, occupation, consulting or other business activity without the prior written approval consent of the Company's Board of Directors (the "Board"), Company, nor will you shall not render services engage in any capacity other activities that conflict with your obligations to any other person or entity and shall not act as a sole proprietor or partner of any other person or entity or own more than five percent (5%) of the stock of any other corporation. Notwithstanding the foregoing, you may serve on corporate, civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, teach at educational institutions, or manage personal investments without such advance written consent, provided that such activities do not individually or in the aggregate interfere with the performance of your duties under this Agreement. Company. You shall comply with the Company's policies and rules, including those policies located in the Company's Handbook (and applicable State Supplement), if any, and the Employee Invention Assignment and Confidentiality Agreement (the "Confidentiality Agreement"), as they may be in effect from time to time during your Employment. (c) No Conflicting Obligations. You represent Employment at Will. Your Employment will be "at will," meaning that either you or the Company shall be entitled to terminate your Employment at any time and warrant for any reason, with or without cause. Any contrary representations that may have been made to you shall be superseded by this Agreement. This Agreement will constitute the full and complete agreement between you and the Company on the "at-will" nature of your Employment, which may only be changed in an express written agreement signed by you and a duly authorized officer of the Company. Except as otherwise herein expressly provided for, upon the termination of your employment, you will only be entitled to the compensation and benefits earned and the reimbursements described in this Agreement for the period preceding the effective date of the termination. -1- 2. Compensation; Business Expenses. (a) Base Wage. In this exempt position, the Company that will pay you are under no obligations as compensation for your Employment a base salary at a gross annual rate of $275,000, pro-rated for any partial year. Your annual base salary will be subject to review and adjustment based upon the Company's normal performance review practices. Your base salary will continue to be payable in accordance with the Company's standard payroll procedures. The annual base salary specified in this Section 2(a), together with any modifications, is referred to in this Agreement as "Base Salary." (b) Incentive Compensation. At the discretion of the Board, you will be eligible to earn a discretionary, annual end-of-year incentive bonus in an amount of up to 40% of your Base Salary, commencing with the 2022 calendar year (payable in the first quarter, 2023). The exact amount of the incentive bonus you may receive will be dependent on the achievement of Company milestones and profitability, and such other milestones as the Board deems appropriate. Payment of your incentive bonus, if earned, will be paid to you as soon as practical following the end of the calendar year, contingent upon final financial results from the prior year and Board approval of meeting performance objectives whether plan or commitments, whether contractual or otherwise, that are inconsistent with individual, and in any event, within 60 days therefrom. You will not earn any incentive bonus (including a prorated bonus) if your obligations under this Agreement. In employment terminates for any reason before December 31, for the year in question. (c) Business Expenses. The Company will reimburse you for your necessary and reasonable business expenses incurred in connection with your Employment, you shall not use duties hereunder upon presentation of an itemized account and appropriate supporting documentation, all in accordance with the Company's generally applicable policies currently in effect or disclose any trade secrets or other proprietary information or intellectual property in which you or any other person has any right, title or interest and your Employment shall not infringe or violate to be adopted after the rights of any other person. You represent and warrant date hereof, as may be amended from time to the Company that you have returned all property and confidential information belonging to any prior employer. time. View More
Duties and Scope of Employment. (a) Position. For the term of your employment under this Agreement (your "Employment"), the Company agrees to employ you in the new exempt position of Chief Financial Operating Officer. You shall will report to the Company's Chief Executive Officer. Officer or to such other person as the Company subsequently may determine. You will continue working out of your home office, and you shall travel to and work from the Company's office in Hayward, California on a regular basis, it also being understo...od that the Company may require you to perform business travel to other locations from time to time in connection with the Company's business. You will perform the duties and have the responsibilities and authority customarily performed and held by an employee in your position or as otherwise may be assigned or delegated to you by the Company's Chief Executive Officer. Company. (b) Obligations to the Company. During the term of your Employment, you shall will devote your full business efforts and time to the Company and shall not assist any person or entity in competing with the Company or in preparing to compete with the Company. During your Employment, you agree that you will not engage in any other employment, occupation, consulting, advisory or other business activity without the prior written approval consent of the Company's Board of Directors (the "Board"), Company, nor will you shall not render services engage in any capacity other activities that conflict with your obligations to any other person or entity and shall not act as a sole proprietor or partner of any other person or entity or own more than five percent (5%) of the stock of any other corporation. Notwithstanding the foregoing, you may serve on corporate, civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, teach at educational institutions, or manage personal investments without such advance written consent, provided that such activities do not individually or in the aggregate interfere with the performance of your duties under this Agreement. Company. You shall comply with the Company's policies and rules, including those policies located in the Company's Handbook (and applicable State Supplement), if any, and the Employee Invention Assignment and Confidentiality Agreement (the "Confidentiality Agreement"), as they may be in effect from time to time during your Employment. (c) No Conflicting Obligations. You represent Employment at Will. Your Employment will be "at will," meaning that either you or the Company shall be entitled to terminate your Employment at any time and warrant for any reason, with or without cause. Any contrary representations that may have been made to you shall be superseded by this Agreement. This Agreement will constitute the full and complete agreement between you and the Company on the "at-will" nature of your Employment, which may only be changed in an express written agreement signed by you and a duly authorized officer of the Company. Except as otherwise herein expressly provided for, upon the termination of your employment, you will only be entitled to the compensation and benefits earned and the reimbursements described in this Agreement for the period preceding the effective date of the termination. -1- 2. Compensation; Business Expenses. (a) Base Wage. In this exempt position, the Company that will pay you are under no obligations as compensation for your Employment a base salary at a gross annual rate of $250,000, pro-rated for any partial year. Your annual base salary will be subject to review and adjustment based upon the Company's normal performance review practices. Your base salary will continue to be payable in accordance with the Company's standard payroll procedures. The annual base salary specified in this Section 2(a), together with any modifications, is referred to in this Agreement as "Base Salary." (b) Incentive Compensation. At the discretion of the Board, you will be eligible to earn a discretionary, annual end-of-year incentive bonus in an amount of up to 25% of your Base Salary. The exact amount of the incentive bonus you may receive will be dependent on the achievement of Company milestones and profitability, and such other milestones as the Board deems appropriate. Payment of your incentive bonus, if earned, will be paid to you as soon as practical following the end of the calendar year, contingent upon final financial results from the prior year and Board approval of meeting performance objectives whether plan or commitments, whether contractual or otherwise, that are inconsistent with individual, and in any event, within 60 days therefrom. You will not earn any incentive bonus (including a prorated bonus) if your obligations under this Agreement. In employment terminates for any reason before December 31, for the year in question. (c) Business Expenses. The Company will reimburse you for your necessary and reasonable business expenses incurred in connection with your Employment, you shall not use duties hereunder upon presentation of an itemized account and appropriate supporting documentation, all in accordance with the Company's generally applicable policies currently in effect or disclose any trade secrets or other proprietary information or intellectual property in which you or any other person has any right, title or interest and your Employment shall not infringe or violate to be adopted after the rights of any other person. You represent and warrant date hereof, as may be amended from time to the Company that you have returned all property and confidential information belonging to any prior employer. time. View More
Duties and Scope of Employment. (a) Position. For the term of your employment under this Agreement (your "Employment"), the Company agrees to employ you in the exempt position of Chief Financial Officer. You shall will report to the Company's Chief Executive Officer. Officer or to such other person as the Company subsequently may determine. You shall will be working out of the Company's office in Newark, California, although you may initially be permitted to work remotely, as determined by the Company, it also being understood... that the Company may require you to perform business travel to other locations from time to time in connection with the Company's business. You will perform the duties and have the responsibilities and authority customarily performed and held by an employee in your position or as otherwise may be assigned or delegated to you by the Company's Chief Executive Officer. Company. (b) Obligations to the Company. During the term of your Employment, you shall will devote your full business efforts and time to the Company and shall not assist any person or entity in competing with the Company or in preparing to compete with the Company. During your Employment, you agree that you will not engage in any other employment, occupation, consulting or other business activity without the prior written approval consent of the Company's Board of Directors (the "Board"), Company, nor will you shall not render services engage in any capacity other activities that conflict with your obligations to any other person or entity and shall not act as a sole proprietor or partner of any other person or entity or own more than five percent (5%) of the stock of any other corporation. Notwithstanding the foregoing, you may serve on corporate, civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, teach at educational institutions, or manage personal investments without such advance written consent, provided that such activities do not individually or in the aggregate interfere with the performance of your duties under this Agreement. Company. You shall comply with the Company's policies and rules, including those policies located in the Company's Handbook (and applicable State Supplement), if any, and the Employee Invention Assignment and Confidentiality Agreement (the "Confidentiality Agreement"), as they may be in effect from time to time during your Employment. (c) No Conflicting Obligations. You represent Employment at Will. Your Employment will be "at will," meaning that either you or the Company shall be entitled to terminate your Employment at any time and warrant for any reason, with or without cause. Any contrary representations that may have been made to you shall be superseded by this Agreement. This Agreement will constitute the full and complete agreement between you and the Company on the "at-will" nature of your Employment, which may only be changed in an express written agreement signed by you and a duly authorized officer of the Company. Except as otherwise herein expressly provided for, upon the termination of your employment, you will only be entitled to the Company that you are under no obligations or commitments, whether contractual or otherwise, that are inconsistent with compensation and benefits earned and the reimbursements described in this Agreement for the period preceding the effective date of the termination. -1- (d) Commencement Date. Assuming your obligations under acceptance of this Agreement. In connection with Agreement, as evidenced by your Employment, you shall not use or disclose any trade secrets or other proprietary information or intellectual property in which you or any other person has any right, title or interest and signature below, your full-time Employment shall not infringe or violate the rights of any other person. You represent and warrant will be deemed to the Company that you have returned all property and confidential information belonging to any prior employer. commenced on July 16, 2021. View More
Duties and Scope of Employment. (a) a. Position. For the term of your employment under this Agreement (your "Employment"), the Company agrees to employ you as a senior executive officer in the position of the sole Chief Financial Officer. Operating Officer ("COO"). You shall will report solely to the Company's Chief Executive Officer. Officer ("CEO") and you will be working out of the Company's office in San Jose, CA, provided, however, that the Company agrees you may telecommute from your residence in New Jersey as much as pr...actical, provided such telecommuting does not materially interfere with your duties as COO, and provided you will be expected to regularly travel to the Company's San Jose office as well as engage in other business travel, as needed. You shall perform will be responsible for developing and executing the Company's strategies, achieving business objectives as set forth by the CEO, increasing the Company's stockholder value, and other duties commensurate with your position as COO. Your duties and have responsibilities always will be at least commensurate with those duties and responsibilities normally associated with and appropriate for someone in the responsibilities and authority customarily performed and held by an employee in your position or of COO. Effective on July 16, 2019, you will be appointed as otherwise may be assigned or delegated to you by the Company's Chief Executive Officer. (b) COO (the "Effective Date"). b. Obligations to the Company. During your Employment, While you shall devote your full business efforts and time render services to the Company Company, (1) you may deliver lectures, fulfill speaking engagements, and shall teach at educational institutions provided that such activities do not materially interfere with the performance of your duties to the Company, and (2) you agree that you will not engage in any other employment, consulting, or other outside business activity ("Outside Activities") except as set forth on the attached Exhibit A. Any additional Outside Activities must be authorized in writing in advance by the CEO. In addition, while you render services to the Company, you will not assist any other person or entity in competing with the Company or Company, in preparing to compete with the Company. During your Employment, without the prior written approval Company or in hiring any employees or consultants of the Company's Board of Directors (the "Board"), Company. As an employee, you shall not render services in any capacity will also be expected to any other person or entity and shall not act as a sole proprietor or partner of any other person or entity or own more than five percent (5%) of the stock of any other corporation. Notwithstanding the foregoing, you may serve on corporate, civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, teach at educational institutions, or manage personal investments without such advance written consent, provided that such activities do not individually or in the aggregate interfere with the performance of your duties under this Agreement. You shall comply with the Company's policies and rules, as they may be in effect from time to time during your Employment. (c) procedures. c. No Conflicting Obligations. You represent and warrant to the Company that you are under no obligations or commitments, whether contractual or otherwise, that are materially inconsistent with your obligations under this Agreement. In connection with your Employment, you shall not use or disclose any trade secrets or other proprietary information or intellectual property in which you or any other person has any right, title or interest and your Employment shall will not infringe or violate the rights of any other person. You represent and warrant to the Company that you have returned (or will return) all property and confidential information belonging to any prior employer. employer, other than confidential information that has become generally known to the public or within the relevant trade industry. View More
Duties and Scope of Employment. (a) Position. For the term of your employment under this Agreement (your "Employment"), the Company agrees to employ you in the exempt position of Chief Financial Officer. You shall will report to the Company's Chief Executive Officer. Officer or to such other person as the Company subsequently may determine. You shall will be working out of the Company's office in Hayward, California, it also being understood that the Company may require you to perform business travel to other locations from ti...me to time in connection with the Company's business. You will perform the duties and have the responsibilities and authority customarily performed and held by an employee in your position or as otherwise may be assigned or delegated to you by the Company's Chief Executive Officer. Company. (b) Obligations to the Company. During the term of your Employment, you shall will devote your full business efforts and time to the Company and shall not assist any person or entity in competing with the Company or in preparing to compete with the Company. During your Employment, you agree that you will not engage in any other employment, occupation, consulting, advisory or other business activity without the prior written approval consent of the Company's Board of Directors (the "Board"), Company, nor will you shall not render services engage in any capacity other activities that conflict with your obligations to any other person the Company, it being understood that you will be permitted to devote a reasonable amount of time and effort to providing service to, or entity and shall not act serving on governing boards or committees of civic and/or charitable organizations, but only to the extent that such activities, individually or taken as a sole proprietor whole, do not (A) require or partner involve your active participation in the management of any corporation, partnership or other person entity, or entity or own more than five percent (5%) of the stock of any other corporation. Notwithstanding the foregoing, you may serve on corporate, civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, teach at educational institutions, or manage personal investments without such advance written consent, provided that such activities do not individually or in the aggregate interfere with the performance execution of your duties under this Agreement. Agreement; (B) otherwise violate any provision of this Agreement or the Confidentiality Agreement (hereinafter defined), or (C) impair your ability to perform your duties to the Company. You shall comply with the Company's policies and rules, including those policies located in the Company's Handbook (and applicable State Supplement), if any, and the Employee Invention Assignment and Confidentiality Agreement (the "Confidentiality Agreement"), as they may be in effect from time to time during your Employment. -1- (c) No Conflicting Obligations. You represent Employment at Will. Your Employment will be "at will," meaning that either you or the Company shall be entitled to terminate your Employment at any time and warrant for any reason, with or without cause. Any contrary representations that may have been made to you shall be superseded by this Agreement. This Agreement will constitute the full and complete agreement between you and the Company on the "at-will" nature of your Employment, which may only be changed in an express written agreement signed by you and a duly authorized officer of the Company. Except as otherwise herein expressly provided for, upon the termination of your employment, you will only be entitled to the Company that you are under no obligations or commitments, whether contractual or otherwise, that are inconsistent with compensation and benefits earned and the reimbursements described in this Agreement for the period preceding the effective date of the termination. (d) Commencement Date. Assuming your obligations under acceptance of this Agreement. In connection with Agreement, as evidenced by your Employment, you shall not use or disclose any trade secrets or other proprietary information or intellectual property in which you or any other person has any right, title or interest and signature below, your full-time Employment shall not infringe or violate the rights of any other person. You represent and warrant will be deemed to the Company that you have returned all property and confidential information belonging to any prior employer. commenced on April 1, 2022. View More
Duties and Scope of Employment. (a) a. Position. For the term of your employment under this Agreement (your "Employment"), the Company agrees to employ you as its most senior executive officer in the position of the sole Chief Financial Officer. Executive Officer ("CEO"). You shall will report solely to the Company's Chief Executive Officer. Board of Directors (the "Board") and you will be working out of the Company's office in Menlo Park, CA, provided, however, that the Company agrees you may telecommute from your residence i...n New Jersey as much as practical, provided such telecommuting does not materially interfere with your duties as CEO, and provided you will be expected to regularly travel to the Company's Menlo Park office as well as engage in other business travel, as needed. Subject to your initial appointment or election by the Board consistent with the Company's bylaws and subject to your subsequent re-election by the stockholders of the Company, you will also serve on the Board during your Employment. You shall perform will be responsible for developing and executing the Company's strategies, achieving business objectives, increasing the Company's stockholder value, presiding over the entire workforce, and other duties commensurate with your position as CEO. Your duties and have responsibilities always will be at least commensurate with those duties and responsibilities normally associated with and appropriate for someone in the responsibilities and authority customarily performed and held by an employee in your position or of CEO. Effective on September 11, 2018, you will be appointed as otherwise may be assigned or delegated to you by the Company's Chief Executive Officer. (b) CEO (the "Effective Date"). b. Obligations to the Company. During your Employment, While you shall devote your full business efforts and time render services to the Company Company, (1) you may deliver lectures, fulfill speaking engagements, and shall teach at educational institutions provided that such activities do not materially interfere with the performance of your duties to the Company, and (2) you agree that you will not engage in any other employment, consulting, or other outside business activity ("Outside Activities") except as set forth on the attached Exhibit A. Any additional Outside Activities must be authorized in writing in advance by the Board. In addition, while you render services to the Company, you will not assist any other person or entity in competing with the Company or Company, in preparing to compete with the Company. During your Employment, without the prior written approval Company or in hiring any employees or consultants of the Company's Board of Directors (the "Board"), Company. As an employee, you shall not render services in any capacity will also be expected to any other person or entity and shall not act as a sole proprietor or partner of any other person or entity or own more than five percent (5%) of the stock of any other corporation. Notwithstanding the foregoing, you may serve on corporate, civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, teach at educational institutions, or manage personal investments without such advance written consent, provided that such activities do not individually or in the aggregate interfere with the performance of your duties under this Agreement. You shall comply with the Company's policies and rules, as they may be in effect from time to time during your Employment. (c) procedures. c. No Conflicting Obligations. You represent and warrant to the Company that you are under no obligations or commitments, whether contractual or otherwise, that are materially inconsistent with your obligations under this Agreement. In connection with your Employment, you shall not use or disclose any trade secrets or other proprietary information or intellectual property in which you or any other person has any right, title or interest and your Employment shall will not infringe or violate the rights of any other person. You represent and warrant to the Company that you have returned (or will return) all property and confidential information belonging to any prior employer. employer, other than confidential information that has become generally known to the public or within the relevant trade industry. View More
Duties and Scope of Employment. (a) Position. For the term of your employment under this Agreement (your "Employment"), the Company agrees to employ you in the position of Chief Financial Officer. President of the Company. You shall report will be responsible for the business and affairs of the Company, subject to the Company's Chief Executive Officer. You shall perform the duties and have the responsibilities and authority customarily performed and held by an employee in your position or as otherwise may be assigned or delega...ted to you by supervision of the Company's Chief Executive Officer. board of directors (the "Board"). (b) Obligations to the Company. During your Employment, While you shall devote your full are employed by the Company, you agree that you will not engage in any other employment, consulting, or other business efforts activity except as authorized by the Board, and time to the Company and shall you will not assist any person or entity in competing with the Company or Company, in preparing to compete with the Company. During your Employment, without the prior written approval Company or in hiring any employees or consultants of the Company's Board of Directors (the "Board"), Company. As an employee, you shall not render services in any capacity will also be expected to any other person or entity and shall not act as a sole proprietor or partner of any other person or entity or own more than five percent (5%) of the stock of any other corporation. Notwithstanding the foregoing, you may serve on corporate, civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, teach at educational institutions, or manage personal investments without such advance written consent, provided that such activities do not individually or in the aggregate interfere with the performance of your duties under this Agreement. You shall comply with the Company's policies and rules, as they may be in effect from time to time during your Employment. procedures. (c) No Conflicting Obligations. You represent and warrant to the Company that you are under no obligations or commitments, whether contractual or otherwise, that are materially inconsistent with your obligations under this Agreement. letter agreement. In connection with your Employment, you shall not use or disclose any trade secrets or other proprietary information or intellectual property in which you or any other person has any right, title or interest interest, and your Employment shall will not infringe or violate the rights of any other person. You represent and warrant to the Company that you have returned all property and confidential information belonging to any prior employer.View More
Duties and Scope of Employment. (a) Position. Term. This Agreement will be effective as of the date of the Company's up-listing onto the New York Stock Exchange (the "Effective Date") and will continue through the three (3) year anniversary of the Effective Date (the "Initial Term Expiration Date" and such period, the "Initial Term"); provided that upon the Initial Term Expiration Date, and each subsequent one (1) year anniversary of such date, if applicable, the term of your employment under this Agreement will automatically ...by extended by one (1) year (each such extension, an "Additional Term"), unless either party hereto provides the other party with written notice as least ninety (90) days before the Initial Term Expiration Date, or such subsequent one (1) year anniversary of such date, if applicable, of such party's decision not to extend the term of employment under this Agreement any further. For avoidance of doubt, the decision by either party (prior to a Change in Control) not to extend the term of employment under this Agreement will not by itself constitute a termination of employment by the Company other than for Cause (as defined below), and unless determined otherwise by you or the Company, after such non-renewal, your employment will continue on an at-will basis outside of this Agreement. (b) Position and Responsibilities. For the term of your employment under this Agreement (your "Employment"), (the "Employment Period"), the Company agrees to employ you in the position of Chief Financial Executive Officer. You shall will report to the Company's Chief Executive Officer. Board of Directors (the "Board"). You shall will perform the duties and have the responsibilities and authority customarily performed and held by an employee in your position the Chief Executive Officer or as otherwise may be assigned or delegated to you by the Company's Chief Executive Officer. (b) Board. (c) Obligations to the Company. During your Employment, the Employment Period, you shall perform your duties faithfully and to the best of your ability and will devote your full business efforts and time to the Company and shall not assist any person or entity in competing with the Company or in preparing to compete with the Company. During your Employment, the Employment Period, without the prior written approval of the Company's Board of Directors (the "Board"), Board, you shall not render services in any capacity to any other person or entity and shall not act as a sole proprietor or partner of any other person or entity or own more than five percent (5%) of the stock of any other corporation. corporation, except that stock that you hold as a passive investment in a non-competitive company will be exempt from this limitation. Notwithstanding the foregoing, you may serve on corporate, civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, teach at educational institutions, or manage personal or family investments without such advance written consent, consent; provided that such activities do not individually or in the aggregate materially interfere with the performance of your duties under this Agreement. You shall comply with the Company's policies and rules, as they may be in effect from time to time and provided to you during your Employment. (c) the Employment Period. (d) No Conflicting Obligations. You represent and warrant to the Company that you are under no obligations or commitments, whether contractual or otherwise, that are inconsistent with your obligations under this Agreement. In connection with your Employment, employment, you shall not knowingly use or disclose any trade secrets or other proprietary information or intellectual property in which you or any other person has any right, title or interest and to the best of your knowledge, your employment during the Employment shall Period will not infringe or violate the rights of any other person. You represent and warrant to the Company that you have returned all property and confidential information belonging to any prior employer. View More
Duties and Scope of Employment. (a) Position. For the term of your employment under this Agreement (your "Employment"), the The Company agrees will continue to employ you in the position of Chief Financial Officer. Vice President – Manufacturing, and Secretary. You shall report to the Company's Chief Executive Officer. You shall will perform the duties and have the responsibilities and authority customarily performed and held by an employee in your position or and such additional duties commensurate with the position as otherw...ise may be assigned or delegated to you by you. You will act in the best interests of the Company during your employment and will comply with your fiduciary duties and duty of loyalty during your employment with the Company. This is a full-time, exempt position. Principal Work Location. Your principal place of employment will be the Company's Chief Executive Officer. (b) headquarters office, which is currently located at 6185 Kimball Avenue, Chino, California 91708. c. Obligations to the Company. During your Employment, employment, you shall devote your full business efforts and time to the Company and shall not assist any person or entity in competing with the Company or in preparing to compete with the Company. During your Employment, without the prior Company, except as provided herein. Without express written approval consent of the Company's Board of Directors (the "Board"), Chief Executive Officer, you shall not render services in any capacity to any other person or entity and shall not act as a sole proprietor proprietor, board member, or partner of any other person or entity or or, except as set forth on Attachment A, own more than five percent (5%) of the stock of any other corporation. Notwithstanding the foregoing, you may (i) serve on corporate, civic civic, or charitable boards or committees, including the corporate boards on which you currently serve as set forth on Attachment A; (ii) continue to provide advisory services to the entities set forth on Attachment A; or (iii) deliver lectures, fulfill speaking engagements, teach at educational institutions, or manage personal investments investments, in the case of each of clauses (i), (ii), and (iii) of this sentence, without such advance written consent, consent; provided that such activities do not individually or in the aggregate interfere with the performance of your obligations and duties under this Agreement. hereunder. You shall will comply with the Company's policies and rules, as they may be in effect from time to time during your Employment. (c) employment. No Conflicting Obligations. You represent and warrant to the Company that you are under no contractual or other obligations or commitments, whether contractual or otherwise, commitments that are inconsistent with your obligations under this Agreement. Agreement, including but not limited to any restrictions that would preclude you from providing services or fulfilling your duties to the Company. In connection with your Employment, employment, you shall not use or disclose any trade secrets or other proprietary information or intellectual property in which you or any other person or entity has any right, title title, or interest interest. You further represent and warrant that your Employment shall employment will not infringe or violate the rights of any other person. person or entity. You further represent and warrant that you have not removed or taken and will not remove or take any confidential documents or proprietary data or materials of any kind with you from any former employer to the Company without written authorization from that employer. You are hereby notified that you have returned all property may be entitled to immunity from liability for certain disclosures of trade secrets under the Defend Trade Secrets Act, 18 U.S.C. § 1833(b). e. Term. Your employment shall become effective as of the closing of the Company's initial public offering and confidential information belonging listing on the Nasdaq Stock Market ("Effective Date"). Your employment shall continue until one year after the Effective Date, unless terminated earlier by you or the Company ("Renewal Date"). This Agreement shall be deemed to be automatically extended on the Renewal Date, upon the same terms and conditions, unless those conditions are otherwise changed by the Company, for successive periods of one year, unless either party provides written notice of its intention not to extend the term of the Agreement at least 60 days' prior to the applicable Renewal Date. The Company reserves the right to change existing conditions or impose new conditions on this Agreement at any prior employer. time, provided that those terms comply with applicable federal and state law. Despite the use of the word "term" and any Automatic Renewal described in this Section 1(e), your employment with the Company is at will, and the Company expressly reserves the right to terminate your employment at any time, with or without notice, and with or without cause. View More
Duties and Scope of Employment. (a) Position. For the term of your employment under this Agreement (your "Employment"), the The Company agrees will continue to employ you in the position of Chief Financial Operating Officer. You shall report to the Company's Chief Executive Officer. You shall will perform the duties and have the responsibilities and authority customarily performed and held by an employee in your position or and such additional duties commensurate with the position as otherwise may be assigned or delegated to y...ou by you. You will act in the best interests of the Company during your employment and will comply with your fiduciary duties and duty of loyalty during your employment with the Company. This is a full-time, exempt position. Principal Work Location. Your principal place of employment will be the Company's Chief Executive Officer. (b) headquarters office, which is currently located at 6185 Kimball Avenue, Chino, California 91708. c. Obligations to the Company. During your Employment, employment, you shall devote your full business efforts and time to the Company and shall not assist any person or entity in competing with the Company or in preparing to compete with the Company. During your Employment, without the prior Company, except as provided herein. Without express written approval consent of the Company's Board of Directors (the "Board"), Chief Executive Officer, you shall not render services in any capacity to any other person or entity and shall not act as a sole proprietor proprietor, board member, or partner of any other person or entity or or, except as set forth on Attachment A, own more than five percent (5%) of the stock of any other corporation. Notwithstanding the foregoing, you may (i) serve on corporate, civic civic, or charitable boards or committees, including the corporate boards on which you currently serve as set forth on Attachment A; (ii) continue to provide advisory services to the entities set forth on Attachment A; or (iii) deliver lectures, fulfill speaking engagements, teach at educational institutions, or manage personal investments investments, in the case of each of clauses (i), (ii), and (iii) of this sentence, without such advance written consent, consent; provided that such activities do not individually or in the aggregate interfere with the performance of your obligations and duties under this Agreement. hereunder. You shall will comply with the Company's policies and rules, as they may be in effect from time to time during your Employment. (c) employment. No Conflicting Obligations. You represent and warrant to the Company that you are under no contractual or other obligations or commitments, whether contractual or otherwise, commitments that are inconsistent with your obligations under this Agreement. Agreement, including but not limited to any restrictions that would preclude you from providing services or fulfilling your duties to the Company. In connection with your Employment, employment, you shall not use or disclose any trade secrets or other proprietary information or intellectual property in which you or any other person or entity has any right, title title, or interest interest. You further represent and warrant that your Employment shall employment will not infringe or violate the rights of any other person. person or entity. You further represent and warrant that you have not removed or taken and will not remove or take any confidential documents or proprietary data or materials of any kind with you from any former employer to the Company without written authorization from that employer. You are hereby notified that you have returned all property may be entitled to immunity from liability for certain disclosures of trade secrets under the Defend Trade Secrets Act, 18 U.S.C. § 1833(b). e. Term. Your employment shall become effective as of the closing of the Company's initial public offering and confidential information belonging listing on the Nasdaq Stock Market ("Effective Date"). Your employment shall continue until one year after the Effective Date, unless terminated earlier by you or the Company ("Renewal Date"). This Agreement shall be deemed to be automatically extended on the Renewal Date, upon the same terms and conditions, unless those conditions are otherwise changed by the Company, for successive periods of one year, unless either party provides written notice of its intention not to extend the term of the Agreement at least 60 days' prior to the applicable Renewal Date. The Company reserves the right to change existing conditions or impose new conditions on this Agreement at any prior employer. time, provided that those terms comply with applicable federal and state law. Despite the use of the word "term" and any Automatic Renewal described in this Section 1(e), your employment with the Company is at will, and the Company expressly reserves the right to terminate your employment at any time, with or without notice, and with or without cause. View More
