Duties and Scope of Employment Clause Example from Business Contracts

Duties and Scope of Employment. Position. The Company will continue to employ you in the position of Chief Operating Officer. You will perform the duties and have the responsibilities and authority customarily performed and held by an employee in your position and such additional duties commensurate with the position as may be assigned or delegated to 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 Compa...ny. This is a full-time, exempt position. Principal Work Location. Your principal place of employment will be the Company's headquarters office, which is currently located at 6185 Kimball Avenue, Chino, California 91708. c. Obligations to the Company. During your employment, you shall devote your full business efforts and time to the Company, except as provided herein. Without express written consent of the Company's 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, board member, or partner of any other person or entity 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, 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, in the case of each of clauses (i), (ii), and (iii) of this sentence, without such advance written consent; provided that such activities do not individually or in the aggregate interfere with the performance of your obligations and duties hereunder. You will comply with the Company's policies and rules, as they may be in effect from time to time during your employment. No Conflicting Obligations. You represent and warrant that you are under no contractual or other obligations or commitments that are inconsistent with your obligations under this 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, 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, or interest. You further represent and warrant that your employment will not infringe or violate the rights of any other 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 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 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 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