Duties and Scope of Employment Clause Example with 17 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) At-Will Employment. Executive will continue as a full-time employee with the Company under the terms of which will be governed by this Agreement. Executive's Employment with the Company is for no specified period and constitutes "at will" employment. As a result, Executive is free to terminate Employment at any time, with or without advance notice, and for any reason or for no reason. Similarly, the Company is free to terminate Executive's Employment at any time, with or without advance noti...ce, and with or without Cause (as defined below). Furthermore, although the terms and conditions of Executive's Employment with the Company may change over time, nothing shall change the at-will nature of Executive's Employment. (b) Position and Responsibilities. During the Employment Period, the Company agrees to continue to employ Executive in the position of Chief Executive Officer. Executive will report to the Company's Board of Directors (the "Board"), or to such other Person as the Company subsequently may determine (your "Supervisor"), and Executive will be working out of the Company's office in Berkeley, CA. Executive will perform the duties and have the responsibilities and authority customarily performed and held by an employee in Executive's position or as otherwise may be assigned or delegated to Executive by the Board. (c) Obligations to the Company. During the Employment Period, Executive shall perform Executive's duties faithfully and to the best of Executive's ability and will devote Executive's full business efforts and time to the Company. During the Employment Period, without the prior written approval of your Supervisor, Executive shall not render services in any capacity to any other Person and shall not act as a sole proprietor or partner of any other Person or own more than five percent (5%) of the stock of any other corporation. Notwithstanding the foregoing, Executive may serve on civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, teach at educational institutions, or manage personal investments without advance written consent of your Supervisor; provided that such activities do not individually or in the aggregate interfere with the performance of Executive's duties under this Agreement or create a potential business or fiduciary conflict. Executive shall comply with the Company's policies and rules, as they may be in effect from time to time during Executive's Employment. (d) Business Opportunities. During Executive's Employment, Executive shall promptly disclose to the Company each business opportunity of a type, which based upon its prospects and relationship to the business of the Company or its affiliates, the Company might reasonably consider pursuing. In the event that Executive's Employment is terminated for any reason, the Company or its affiliates shall have the exclusive right to participate in or undertake any such opportunity on their own behalf without any involvement by or compensation to Executive under this Agreement. (e) No Conflicting Obligations. Executive represents and warrants to the Company that Executive is under no obligations or commitments, whether contractual or otherwise, that are inconsistent with Executive's obligations under this Agreement or that would otherwise prohibit Executive from performing Executive's duties with the Company. In connection with Executive's Employment, Executive shall not use or disclose any trade secrets or other proprietary information or intellectual property in which Executive or any other Person has any right, title or interest and Executive's Employment will not infringe or violate the rights of any other Person. Executive represents and warrants to the Company that Executive has 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) At-Will Employment. Executive will continue Term. Executive's full-time Employment shall commence for an initial term effective as of the Effective Date and continuing for a full-time employee three (3)-year period (the "Initial Term"), unless sooner terminated in accordance with the Company under provisions of Section 6; with such employment to automatically continue following the Initial Term for additional one (1)-year periods in accordance with the terms of which will this Agreement (sub...ject to termination as aforesaid) unless either party notifies the other party in writing of its intention not to renew this Agreement at least 60 days prior to the expiration of the Initial Term or any applicable extension period of employment hereunder (the Initial Term, together with any such extension period of employment hereunder, shall hereinafter be governed by this Agreement. Executive's Employment with referred to as the Company is for no specified period and constitutes "at will" employment. As a result, Executive is free to terminate Employment at any time, with or without advance notice, and for any reason or for no reason. Similarly, the Company is free to terminate Executive's Employment at any time, with or without advance notice, and with or without Cause (as defined below). Furthermore, although the terms and conditions of Executive's Employment with the Company may change over time, nothing shall change the at-will nature of Executive's Employment. "Employment Period"). (b) Position and Responsibilities. During the Employment Period, the Company agrees to continue to employ Executive in the position of Chief Executive Officer. Executive will report to the Company's Board of Directors (the "Board"), or to such other Person as the Company subsequently may determine (your "Supervisor"), and Executive will be working work out of the Company's office in Berkeley, CA. Texas. Executive will perform the duties and have the responsibilities and authority customarily performed and held by an employee in Executive's position or as otherwise may be assigned or delegated to Executive by the Board. Board consistent with Executive's position. (c) Obligations to the Company. During the Employment Period, Executive shall perform Executive's duties faithfully and to the best of Executive's ability and will devote Executive's full business efforts and time to the Company. During the Employment Period, without the prior written approval of your Supervisor, the Board, Executive shall not render services in any capacity to any other Person and shall not act as a sole proprietor or partner of any other Person or own more than five ten percent (5%) (10%) of the stock of any other corporation. corporation, except as set forth on Schedule A hereto Notwithstanding the foregoing, Executive may serve on (1) civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, teach at educational institutions, or manage personal investments without advance written consent of your Supervisor; the Board, and (2) boards of for-profit companies with the consent of the Board (which consent shall not be unreasonably withheld); provided that such activities do not individually or in the aggregate interfere with the performance of Executive's duties under this Agreement or create a potential business or fiduciary conflict. Executive shall comply with the Company's written policies and rules, rules that have been provided or made available to Executive, as they may be in effect from time to time during Executive's Employment. (d) Business Opportunities. During Executive's Employment, Executive shall promptly disclose to the Company each business opportunity of a type, which based upon its prospects and relationship to the business of the Company or its affiliates, the Company might reasonably consider pursuing. In the event that Executive's Employment is terminated for any reason, the Company or its affiliates shall have the exclusive right to participate in or undertake any such opportunity on their own behalf without any involvement by or compensation to Executive under this Agreement. (e) No Conflicting Obligations. Executive represents and warrants to the Company that Executive is under no obligations or commitments, whether contractual or otherwise, that are inconsistent with Executive's obligations under this Agreement or that would otherwise prohibit Executive from performing Executive's duties with the Company. In connection with Executive's Employment, Executive shall not use or disclose any trade secrets or other proprietary information or intellectual property in which Executive or any other Person has any right, title or interest and Executive's Employment will not infringe or violate the rights of any other Person. Executive represents and warrants to the Company that prior to the Effective Date Executive has shall have returned all property and confidential information belonging to any prior employer. View More
Duties and Scope of Employment. (a) At-Will Employment. Executive will continue Term. Executive's full-time Employment shall commence for an initial term effective as of the Effective Date and continuing for a full-time employee three (3)-year period (the "Initial Term"), unless sooner terminated in accordance with the Company under provisions of Section 6; with such employment to automatically continue following the Initial Term for additional one (1)-year periods in accordance with the terms of which will this Agreement (sub...ject to termination as aforesaid) unless either party notifies the other party in writing of its intention not to renew this Agreement at least 60 days prior to the expiration of the Initial Term or any applicable extension period of employment hereunder (the Initial Term, together with any such extension period of employment hereunder, shall hereinafter be governed by this Agreement. Executive's Employment with referred to as the Company is for no specified period and constitutes "at will" employment. As a result, Executive is free to terminate Employment at any time, with or without advance notice, and for any reason or for no reason. Similarly, the Company is free to terminate Executive's Employment at any time, with or without advance notice, and with or without Cause (as defined below). Furthermore, although the terms and conditions of Executive's Employment with the Company may change over time, nothing shall change the at-will nature of Executive's Employment. "Employment Period"). (b) Position and Responsibilities. During the Employment Period, the Company agrees to continue to employ Executive in the position of Chief Executive Operating Officer. Executive will report to the Company's Board of Directors (the "Board"), or to such other Person as the Company subsequently may determine (your Chief Executive Officer (Executive's "Supervisor"), and Executive will be working work out of the Company's office in Berkeley, CA. Texas. Executive will perform the duties and have the responsibilities and authority customarily performed and held by an employee in Executive's position or as otherwise may be assigned or delegated to Executive by the Board. Executive's Supervisor consistent with Executive's position. (c) Obligations to the Company. During the Employment Period, Executive shall perform Executive's duties faithfully and to the best of Executive's ability and will devote Executive's full business efforts and time to the Company. During the Employment Period, without the prior written approval of your Supervisor, the Chief Executive Officer of the Company, Executive shall not render services in any capacity to any other Person and shall not act as a sole proprietor or partner of any other Person or own more than five ten percent (5%) (10%) of the stock of any other corporation. Notwithstanding the foregoing, Executive may serve on (1) civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, teach at educational institutions, or manage personal investments without advance written consent of your Supervisor; the Board, and (2) boards of for-profit companies with the consent of the Board (which consent shall not be unreasonably withheld); provided that such activities do not individually or in the aggregate interfere with the performance of Executive's duties under this Agreement or create a potential business or fiduciary conflict. Executive shall comply with the Company's written policies and rules, rules that have been provided or made available to Executive, as they may be in effect from time to time during Executive's Employment. (d) Business Opportunities. During Executive's Employment, Executive shall promptly disclose to the Company each business opportunity of a type, which based upon its prospects and relationship to the business of the Company or its affiliates, the Company might reasonably consider pursuing. In the event that Executive's Employment is terminated for any reason, the Company or its affiliates shall have the exclusive right to participate in or undertake any such opportunity on their own behalf without any involvement by or compensation to Executive under this Agreement. (e) No Conflicting Obligations. Executive represents and warrants to the Company that Executive is under no obligations or commitments, whether contractual or otherwise, that are inconsistent with Executive's obligations under this Agreement or that would otherwise prohibit Executive from performing Executive's duties with the Company. In connection with Executive's Employment, Executive shall not use or disclose any trade secrets or other proprietary information or intellectual property in which Executive or any other Person has any right, title or interest and Executive's Employment will not infringe or violate the rights of any other Person. Executive represents and warrants to the Company that prior to the Effective Date Executive has shall have returned all property and confidential information belonging to any prior employer. View More
Duties and Scope of Employment. (a) At-Will Employment. Executive will continue as a commenced full-time employee Employment with the Company under on March 25, 2021 (the actual date Executive commences employment, the "Start Date"), the terms of which will be governed by this Agreement. Executive's Employment with the Company is for no specified period and constitutes "at will" employment. As a result, Executive is free to terminate Employment at any time, with or without advance notice, and for any reason or for no reason. S...imilarly, the Company is free to terminate Executive's Employment at any time, with or without advance notice, and with or without Cause (as defined below). below); provided, however, prior to terminating Executive for Cause, the Company will provide Executive with written notice detailing the reasons that the Company is terminating Executive for Cause. Furthermore, although the terms and conditions of Executive's Employment with the Company may change over time, nothing shall change the at-will nature of Executive's Employment. (b) Position and Responsibilities. During the Employment Period, the Company agrees to continue to employ Executive in the position of Chief Executive Officer. Executive will report to the Company's Board of Directors (the "Board"), or to such other Person as the Company subsequently may determine (your "Supervisor"), and Executive's primary work location shall be his primary residence in California (the "Designated Work Location"); provided that Executive will be working out of required to be on site regularly as needed by the Company at the Company's office in Berkeley, CA. Wilsonville, Oregon (the "Oregon Office") and will be required to travel for business reasons as reasonably required by the Company. Executive will perform the duties and have the responsibilities and authority customarily performed and held by an employee in Executive's position or as otherwise may be assigned or delegated to Executive by the Board. Board consistent with Executive's position. (c) Term of Agreement. This Agreement will have an initial term commencing on the Start Date and will continue through the four (4) year anniversary of your Start Date (the "Initial Term Expiration Date"); provided that upon the Initial Term Expiration Date, and each subsequent anniversary of such date, if applicable, the term of your employment under this Agreement will automatically by extended by one (1) year, unless either party hereto provides the other party with written notice as least sixty (60) days before the Initial Term Expiration Date, or such subsequent anniversary of such date, if applicable, of such party's decision not to extend the term of employment under this Agreement any further. Notwithstanding the forgoing, your employment under this Agreement may be terminated at any time before or after the Initial Term Expiration Date, in accordance with Section 1(a) above. Non-renewal of the Agreement by the Company shall constitute a termination without Cause (as defined below). (d) Obligations to the Company. During the Employment Period, Executive shall perform Executive's duties faithfully and to the best of Executive's ability and will devote Executive's full business efforts and time to the Company. During the Employment Period, without the prior written approval of your Supervisor, Board, except as listed on Exhibit A, Executive shall not render services in any capacity to any other Person and shall not act as a sole proprietor or partner of any other Person or own more than five percent (5%) of the stock of any other corporation. Notwithstanding the foregoing, Executive may serve on civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, teach at educational institutions, or manage personal investments without advance written consent of your Supervisor; Board; provided that such activities do not individually or in the aggregate interfere with the performance of Executive's duties under this Agreement or create a potential business or fiduciary conflict. Executive shall comply with the Company's policies and rules, as they may be in effect from time to time during Executive's Employment. (d) (e) Business Opportunities. During Executive's Employment, Executive shall promptly disclose to the Company each business opportunity of a type, which based upon its prospects and relationship to the business of the Company or its affiliates, the Company might reasonably consider pursuing. In the event that Executive's Employment is terminated for any reason, the Company or its affiliates shall have the exclusive right to participate in or undertake any such opportunity on their own behalf without any involvement by or compensation to Executive under this Agreement. (e) No Conflicting Obligations. Executive represents and warrants to the Company that Executive is under no obligations or commitments, whether contractual or otherwise, that are inconsistent with Executive's obligations under this Agreement or that would otherwise prohibit Executive from performing Executive's duties with the Company. In connection with Executive's Employment, Executive shall not use or disclose any trade secrets or other proprietary information or intellectual property in which Executive or any other Person has any right, title or interest and Executive's Employment will not infringe or violate the rights of any other Person. Executive represents and warrants to the Company that Executive has returned all property and confidential information belonging to any prior employer.View More
Duties and Scope of Employment. (a) At-Will Employment. Executive The Agreement will continue as a full-time employee with become effective on or about May 23, 2021 (the date this Agreement is fully executed, the Company under "Effective Date") and shall govern the terms of which will be governed by this Agreement. Executive's Employment after the Effective Date. Executive's Employment with the Company is for no specified period and constitutes "at will" employment. As a result, Executive is free to terminate Employment at any... time, with or without advance notice, and for any reason or for no reason. reason, subject to the termination provisions in Section 6 below. Similarly, the Company is free to terminate Executive's Employment at any time, with or without advance notice, and with or without Cause (as defined below). below); provided, however, prior to terminating Executive for Cause, the Company will provide Executive with written notice detailing the reasons that the Company is terminating Executive for Cause. Furthermore, although the terms and conditions of Executive's Employment with the Company may change over time, nothing shall change the at-will nature of Executive's Employment. The Agreement supersedes all prior written and verbal agreements, arrangements or understandings concerning Executive's provision of services to the Company. (b) Position and Responsibilities. During the Employment Period, the Company agrees to continue to employ Executive in the position of Chief Executive Officer. President and Founder. Executive will report to the Company's Board of Directors (the "Board"), or to such other Person as the Company subsequently may determine (your "Supervisor"), Chief Executive Officer, and Executive will Executive's primary work location shall be working out of the Company's office in Berkeley, CA. Wilsonville, Oregon (the "Oregon Office"); provided that Executive will be required to travel for business reasons as reasonably required by the Company. Executive will perform the duties and have the responsibilities and authority customarily performed and held by an employee in Executive's position or as otherwise may be assigned or delegated to Executive by the Board. Chief Executive Officer or Board of Directors (the "Board") consistent with Executive's position. (c) Term of Agreement. This Agreement will have an initial term commencing on the Effective Date and will continue through the three (3) year anniversary of your Effective Date (the "Initial Term Expiration Date"); provided that upon the Initial Term Expiration Date, and each subsequent anniversary of such date, if applicable, the term of your employment under this Agreement will automatically by extended by one (1) year, unless either party hereto provides the other party with written notice as least sixty (60) days before the Initial Term Expiration Date, or such subsequent anniversary of such date, if applicable, of such party's decision not to extend the term of employment under this Agreement any further. Notwithstanding the forgoing, your employment under this Agreement may be terminated at any time before or after the Initial Term Expiration Date, in accordance with Section 1(a) above. Non-renewal of the Agreement by the Company shall constitute a termination without Cause (as defined below). (d) Obligations to the Company. During the Employment Period, Executive shall perform Executive's duties faithfully and to the best of Executive's ability and will devote Executive's full business efforts and time to the Company. During the Employment Period, without the prior written approval of your Supervisor, Board, except as listed on Exhibit A, Executive shall not render services in any capacity to any other Person and shall not act as a sole proprietor or partner of any other Person or own more than five percent (5%) of the stock of any other corporation. Notwithstanding the foregoing, Executive may serve on civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, teach at educational institutions, or manage personal investments without advance written consent of your Supervisor; Board; provided that such activities do not individually or in the aggregate interfere with the performance of Executive's duties under this Agreement or create a potential business or fiduciary conflict. Executive shall comply with the Company's policies and rules, as they may be in effect from time to time during Executive's Employment. (d) (e) Business Opportunities. During Executive's Employment, Executive shall promptly disclose to the Company each business opportunity of a type, which based upon its prospects and relationship to the business of the Company or its affiliates, the Company might reasonably consider pursuing. In the event that Executive's Employment is terminated for any reason, the Company or its affiliates shall have the exclusive right to participate in or undertake any such opportunity on their own behalf without any involvement by or compensation to Executive under this Agreement. (e) No Conflicting Obligations. Executive represents and warrants to the Company that Executive is under no obligations or commitments, whether contractual or otherwise, that are inconsistent with Executive's obligations under this Agreement or that would otherwise prohibit Executive from performing Executive's duties with the Company. In connection with Executive's Employment, Executive shall not use or disclose any trade secrets or other proprietary information or intellectual property in which Executive or any other Person has any right, title or interest and Executive's Employment will not infringe or violate the rights of any other Person. Executive represents and warrants to the Company that Executive has returned all property and confidential information belonging to any prior employer.View More
Duties and Scope of Employment. (a) At-Will Employment. Executive will continue Term. Executive's full-time Employment shall commence for an initial term effective as of the Effective Date and continuing for a full-time employee three (3)-year period (the "Initial Term"), unless sooner terminated in accordance with the Company under provisions of Section 6; with such employment to automatically continue following the Initial Term for additional one (1)-year periods in accordance with the terms of which will this Agreement (sub...ject to termination as aforesaid) unless either party notifies the other party in writing of its intention not to renew this Agreement at least 60 days prior to the expiration of the Initial Term or any applicable extension period of employment hereunder (the Initial Term, together with any such extension period of employment hereunder, shall hereinafter be governed by this Agreement. Executive's Employment with referred to as the Company is for no specified period and constitutes "at will" employment. As a result, Executive is free to terminate Employment at any time, with or without advance notice, and for any reason or for no reason. Similarly, the Company is free to terminate Executive's Employment at any time, with or without advance notice, and with or without Cause (as defined below). Furthermore, although the terms and conditions of Executive's Employment with the Company may change over time, nothing shall change the at-will nature of Executive's Employment. "Employment Period"). (b) Position and Responsibilities. During the Employment Period, the Company agrees to continue to employ Executive in the position of Chief Executive Financial Officer. Executive will report to the Company's Board of Directors (the "Board"), or to such other Person as the Company subsequently may determine (your Chief Executive Officer (Executive's "Supervisor"), and Executive will be working work out of the Company's office in Berkeley, CA. Virginia or, as directed by the Company from time to time, remotely. Due to the pandemic situation, Executive will be allowed to work remotely through October 31, 2022. Executive will be extended a relocation assistance stipend of $50,000 (net of tax withholding, it being understood by Executive that the gross amount thereof will be considered taxable compensation to Executive) to assist with moving personal belongings and temporary housing, subject to applicable Company policies (the "Relocation Stipend"). The Relocation Stipend will be paid to Executive on or around January 21, 2022 through the Company's standard payroll processes. If Executive elects to not relocate by the required date, Executive will be deemed to have voluntarily resigned without any entitlement to severance. If Executive resigns or is terminated for Cause (as defined in Attachment A) within one year of receipt of the Relocation Stipend, Executive agrees to refund the Company the full amount of the Relocation Stipend. Executive will perform the duties and have the responsibilities and authority customarily performed and held by an employee in Executive's position or as otherwise may be assigned or delegated to Executive by the Board. Executive's Supervisor. (c) Obligations to the Company. During the Employment Period, Executive shall perform Executive's duties faithfully and to the best of Executive's ability and will devote Executive's full business efforts and time to the Company. During the Employment Period, without the prior written approval of your Supervisor, the Chief Executive Officer of the Company, Executive shall not render services in any capacity to any other Person and shall not act as a sole proprietor or partner of any other Person or own more than five percent (5%) of the stock of any other corporation. Notwithstanding the foregoing, Executive may serve on civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, teach at educational institutions, or manage personal investments without advance written consent of your Supervisor; the Chief Executive Officer of the Company; provided that such activities do not individually or in the aggregate interfere with the performance of Executive's duties under this Agreement or create a potential business or fiduciary conflict. Executive shall comply with the Company's policies and rules, as they may be in effect from time to time during Executive's Employment. (d) Business Opportunities. During Executive's Employment, Executive shall promptly disclose to the Company each business opportunity of a type, which based upon its prospects and relationship to the business of the Company or its affiliates, the Company might reasonably consider pursuing. In the event that Executive's Employment is terminated for any reason, the Company or its affiliates shall have the exclusive right to participate in or undertake any such opportunity on their own behalf without any involvement by or compensation to Executive under this Agreement. (e) No Conflicting Obligations. Executive represents and warrants to the Company that Executive is under no obligations or commitments, whether contractual or otherwise, that are inconsistent with Executive's obligations under this Agreement or that would otherwise prohibit Executive from performing Executive's duties with the Company. In connection with Executive's Employment, Executive shall not use or disclose any trade secrets or other proprietary information or intellectual property in which Executive or any other Person has any right, title or interest and Executive's Employment will not infringe or violate the rights of any other Person. Executive represents and warrants to the Company that prior to the Effective Date Executive has shall have returned all property and confidential information belonging to any prior employer. View More
Duties and Scope of Employment. (a) At-Will Employment. Executive will continue as a full-time employee with the Company under the terms of which will be governed by this Agreement. Executive's Employment with the Company is for no specified period and constitutes "at will" employment. As a result, Except as otherwise set forth herein, Executive is free to terminate Employment at any time, with or without advance notice, and for any reason or for no reason. Similarly, the Company is free to terminate Executive's Employment at ...any time, with or without advance notice, and with or without Cause (as defined below). Furthermore, although the terms and conditions of Executive's Employment with the Company may change over time, nothing shall change the at-will nature of Executive's Employment. (b) Position and Responsibilities. During the Employment Period, the Company agrees to continue to employ Executive in the position of Chief Executive Officer. Executive will report to the Company's Board of Directors (the "Board"), or to such other Person as the Company subsequently may determine (your "Supervisor"), "Board") and Executive will be working remotely and based out of the Greater New York City Area until receiving further notice from the Company, at which time Executive will work out of the Company's office in Berkeley, CA. Jersey City, New Jersey. Executive will perform the duties and have the responsibilities and authority customarily performed and held by an employee in Executive's position or as otherwise may be assigned or delegated to Executive by the Board. (c) Obligations to the Company. During the Employment Period, Executive shall perform Executive's duties faithfully and to the best of Executive's ability and will devote Executive's full business efforts and time to the Company. During the Employment Period, without the prior written approval of your Supervisor, Executive shall not render services in any capacity to any other Person and shall not act as a sole proprietor or partner of any other Person or own more than five percent (5%) of the stock of any other corporation. Notwithstanding the foregoing, Executive may serve on civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, teach at educational institutions, or manage personal investments without advance written consent of your Supervisor; provided that such activities do not individually or in the aggregate interfere with the performance of Executive's duties under this Agreement or create a potential business or fiduciary conflict. Executive shall comply with the Company's policies and rules, as they may be in effect from time to time during Executive's Employment. (d) Business Opportunities. During Executive's Employment, Executive shall promptly disclose to the Company each business opportunity of a type, which based upon its prospects and relationship to the business of the Company or its affiliates, the Company might reasonably consider pursuing. In the event that Executive's Employment is terminated for any reason, the Company or its affiliates shall have the exclusive right to participate in or undertake any such opportunity on their own behalf without any involvement by or compensation to Executive under this Agreement. (e) (c) No Conflicting Obligations. Executive represents and warrants to the Company that Executive is under no obligations or commitments, whether contractual or otherwise, that are inconsistent with Executive's obligations under this Agreement or that would otherwise prohibit Executive from performing Executive's duties with the Company. In connection with Executive's Employment, Executive shall not use or disclose any trade secrets or other proprietary information or intellectual property in which Executive or any other Person has any right, title or interest and Executive's Employment will not infringe or violate the rights of any other Person. Executive represents and warrants to the Company that Executive has returned all property and confidential information belonging to any prior employer. View More
Duties and Scope of Employment. (a) At-Will a.At-Will Employment. Executive will continue as a full-time employee with the Company under the terms of which will be governed by this Agreement. Executive's Employment with the Company is for no specified period and constitutes "at will" employment. As a result, Except as otherwise set forth herein, Executive is free to terminate Employment at any time, with or without advance notice, and for any reason or for no reason. Similarly, the Company is free to terminate Executive's Empl...oyment at any time, with or without advance notice, and with or without Cause (as defined below). Furthermore, although the terms and conditions of Executive's Employment with the Company may change over time, nothing shall change the at-will nature of Executive's Employment. (b) Position b.Position and Responsibilities. During the Employment Period, the Company agrees to continue to employ Executive in the position of Chief Executive Officer. Officer, Home Care. Executive will report to the Company's Board of Directors (the "Board"), Chief Executive Officer, Vivek Garipalli, or to such other Person as the Company subsequently may determine (your (Executive's "Supervisor"), and Executive will be working remotely and based out of the Company's office in Berkeley, CA. Minnesota. Executive will perform the duties and have the responsibilities and authority customarily performed and held by an employee in Executive's position or as otherwise may be assigned or delegated to Executive by the Board. (c) Obligations Executive's Supervisor. 1 c.Obligations to the Company. During the Employment Period, Executive shall perform Executive's duties faithfully and to the best of Executive's ability and will devote Executive's full business efforts and time to the Company. During the Employment Period, without the prior written approval of your Executive's Supervisor, Executive shall not render services in any capacity to any other Person and shall not act as a sole proprietor proprietor, advisor or partner of any other Person or own more than five percent (5%) of the stock of any other corporation. Notwithstanding the foregoing, Executive may serve on civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, teach at educational institutions, or manage personal investments without advance written consent of your Executive's Supervisor; provided that such activities do not individually or in the aggregate interfere with the performance of Executive's duties under this Agreement or create a potential business or fiduciary conflict. Executive shall comply with the Company's policies and rules, as they may be in effect from time to time during Executive's Employment. (d) Business Opportunities. During Executive's Employment, Executive shall promptly disclose to the Company each business opportunity of a type, which based upon its prospects and relationship to the business of the Company or its affiliates, the Company might reasonably consider pursuing. In the event that Executive's Employment is terminated for any reason, the Company or its affiliates shall have the exclusive right to participate in or undertake any such opportunity on their own behalf without any involvement by or compensation to Executive under this Agreement. (e) No Conflicting Obligations. Executive represents and warrants to the Company that Executive is under no obligations or commitments, whether contractual or otherwise, that are inconsistent with Executive's obligations under this Agreement or that would otherwise prohibit Executive from performing Executive's duties with the Company. In connection with Executive's Employment, Executive shall not use or disclose any trade secrets or other proprietary information or intellectual property in which Executive or any other Person has any right, title or interest and Executive's Employment will not infringe or violate the rights of any other Person. Executive represents and warrants to the Company that Executive has returned all property and confidential information belonging to any prior employer. View More
Duties and Scope of Employment. (a) At-Will Employment. Executive will continue as a Term. Executive's full-time employee with the Company under the terms of which will be governed by this Agreement. Executive's Employment with the Company is shall continue for no specified period and constitutes "at will" employment. As a result, Executive is free to terminate Employment at any time, with or without advance notice, and for any reason or for no reason. Similarly, the Company is free to terminate Executive's Employment at any t...ime, with or without advance notice, and with or without Cause (as defined below). Furthermore, although the terms and conditions of Executive's Employment an initial term with the Company may change over time, nothing effective as of the Effective Date and continuing for a three (3)-year period (the "Initial Term"), unless sooner terminated in accordance with the provisions of Section 6; with such employment to automatically continue following the Initial Term for additional one (1)-year periods in accordance with the terms of this Agreement (subject to termination as aforesaid) unless either party notifies the other party in writing of its intention not to renew this Agreement at least 60 days prior to the expiration of the Initial Term or any applicable extension period of employment hereunder (the Initial Term, together with any such extension period of employment hereunder, shall change hereinafter be referred to as the at-will nature of Executive's Employment. "Employment Period"). (b) Position and Responsibilities. During the Employment Period, the Company agrees to continue to employ Executive in the position of Chief Executive Officer. [Position]. Executive will report initially to the Company's Board of Directors (the "Board"), or to such other Person as the Company subsequently may determine (your Chief Executive Officer (Executive's "Supervisor"), and Executive will be working work out of the Company's office in Berkeley, CA. Virginia or, as directed by the Company from time to time, remotely. Executive will perform the duties and have the responsibilities and authority customarily performed and held by an employee in Executive's position or as otherwise may be assigned or delegated to Executive by the Board. Executive's Supervisor. (c) Obligations to the Company. During the Employment Period, Executive shall perform Executive's duties faithfully and to the best of Executive's ability and will devote Executive's full business efforts and time to the Company. During the Employment Period, without the prior written approval of your Supervisor, the Chief Executive Officer of the Company, Executive shall not render services in any capacity to any other Person and shall not act as a sole proprietor or partner of any other Person or own more than five percent (5%) of the stock of any other corporation. Notwithstanding the foregoing, Executive may serve on civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, teach at educational institutions, or manage personal investments without advance written consent of your Supervisor; the Chief Executive Officer of the Company; provided that such activities do not individually or in the aggregate interfere with the performance of Executive's duties under this Agreement or create a potential business or fiduciary conflict. Executive shall comply with the Company's policies and rules, as they may be in effect from time to time during Executive's Employment. (d) Business Opportunities. During Executive's Employment, Executive shall promptly disclose to the Company each business opportunity of a type, which based upon its prospects and relationship to the business of the Company or its affiliates, the Company might reasonably consider pursuing. In the event that Executive's Employment is terminated for any reason, the Company or its affiliates shall have the exclusive right to participate in or undertake any such opportunity on their own behalf without any involvement by or compensation to Executive under this Agreement. (e) No Conflicting Obligations. Executive represents and warrants to the Company that Executive is under no obligations or commitments, whether contractual or otherwise, that are inconsistent with Executive's obligations under this Agreement or that would otherwise prohibit Executive from performing Executive's duties with the Company. In connection with Executive's Employment, Executive shall not use or disclose any trade secrets or other proprietary information or intellectual property in which Executive or any other Person has any right, title or interest and Executive's Employment will not infringe or violate the rights of any other Person. Executive represents and warrants to the Company that prior to the Effective Date Executive has shall have returned all property and confidential information belonging to any prior employer. View More
Duties and Scope of Employment. (a) At-Will Employment. Executive will continue as a commence full-time employee Employment with the Company under effective as of the Start Date (as defined below), the terms of which will be governed by this Agreement. Executive's Employment with the Company is for no specified period and constitutes "at will" employment. As a result, Executive is free to terminate Employment at any time, with or without advance notice, and for any reason or for no reason. Similarly, the Company is free to ter...minate Executive's Employment at any time, with or without advance notice, and with or without Cause (as defined below). Furthermore, although the terms and conditions of Executive's Employment with the Company may change over time, time in accordance with the terms of this Agreement, nothing shall change the at-will nature of Executive's Employment. Employment (the period that Executive is employed with the Company, the "Employment Period"). For purposes of this Agreement, the term "Start Date" shall mean the effective date of the internalization agreement to be entered into between Pine River Capital Management L.P. ("Pine River") and the Company (the "Internalization Agreement"). (b) Position and Responsibilities. During the Employment Period, the Company agrees to continue to employ Executive in the position of President and Chief Executive Officer. Executive will report to the Company's Board of Directors (the "Board"), or to such other Person as the Company subsequently may determine "Board") (your "Supervisor"), and Executive will be working out of the Company's office in Berkeley, CA. Manhattan, New York. Executive will perform the duties and have the responsibilities and authority customarily performed and held by an employee in Executive's position or as otherwise may be assigned or delegated to Executive by the Board. position. -1- (c) Obligations to the Company. During the Employment Period, Executive shall perform Executive's duties faithfully and to the best of Executive's ability and will devote Executive's full business efforts and time to the Company. During the Employment Period, without the prior written approval of your Supervisor, the Board, Executive shall not render services in any capacity to any other Person and shall not act as a sole proprietor or partner of engage in any other Person business activities for himself, in each case, that individually or own more than five percent (5%) of in the stock of any other corporation. aggregate would materially impact Executive's ability to perform his duties hereunder. Notwithstanding the foregoing, Executive may serve on civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, teach at educational institutions, or and manage personal investments without advance written consent of your Supervisor; the Board; provided that such activities do not individually or in the aggregate materially interfere with the performance of Executive's duties under this Agreement or create a potential business or fiduciary conflict. Executive shall comply with the Company's policies and rules, as they may be in effect from time to time during Executive's Employment. It is expressly understood and agreed that, to the extent that any such activities have been conducted by Executive, and disclosed in writing to the Company, in each case, prior to the Start Date, the continued conduct of such activities subsequent to the Start Date, to the extent not competitive with the Company, shall not thereafter be deemed to interfere with the performance of Executive's responsibilities to the Company. (d) Business Opportunities. During Executive's Employment, Executive shall promptly disclose to the Company each business opportunity of a type, which based upon its prospects and relationship to the business of the Company or its affiliates, the Company might reasonably consider pursuing. In the event that Executive's Employment is terminated for any reason, the Company or its affiliates shall have the exclusive right to participate in or undertake any such opportunity on their own behalf without any involvement by or compensation to Executive under this Agreement. (e) No Conflicting Obligations. Excluding anything related to Executive's prior employment with Pine River as described in the Internalization Agreement, Executive represents and warrants to the Company that Executive is under no obligations or commitments, whether contractual or otherwise, that are inconsistent with Executive's obligations under this Agreement or that would otherwise prohibit Executive from performing Executive's duties with the Company. In connection with Executive's Employment, except as permitted under the Internalization Agreement, Executive shall not use or disclose any trade secrets or other proprietary information or intellectual property in which Executive or any other Person has any right, title or interest and Executive's Employment will not infringe or violate the rights of any other Person. Executive represents and warrants to the Company that Executive has returned all property and confidential information belonging to any prior employer. Nothing herein shall limit the Company's obligation to indemnify Executive pursuant to the Indemnification Agreement attached hereto as Attachment A (the "Indemnification Agreement"). View More
Duties and Scope of Employment. (a) At-Will Employment. Executive will continue as a commence full-time employee Employment with the Company under effective as of the Start Date (as defined below), the terms of which will be governed by this Agreement. Executive's Employment with the Company is for no specified period and constitutes "at will" employment. As a result, Executive is free to terminate Employment at any time, with or without advance notice, and for any reason or for no reason. Similarly, the Company is free to ter...minate Executive's Employment at any time, with or without advance notice, and with or without Cause (as defined below). Furthermore, although the terms and conditions of Executive's Employment with the Company may change over time, time in accordance with the terms of this Agreement, nothing shall change the at-will nature of Executive's Employment. Employment (the period that Executive is employed with the Company, the "Employment Period"). For purposes of this Agreement, the term "Start Date" shall mean the effective date of the internalization agreement to be entered into between Pine River Capital Management L.P. ("Pine River") and the Company (the "Internalization Agreement"). (b) Position and Responsibilities. During the Employment Period, the Company agrees to continue to employ Executive in the position of Chief Executive Officer. Investment Officer, Co-Head of Originations. Executive will report to the Company's Board of Directors (the "Board"), or to such other Person as the Company subsequently may determine Chief Executive Officer (your "Supervisor"), and Executive will be working out of the Company's office in Berkeley, CA. Manhattan, New York. Executive will perform the duties and have the responsibilities and authority customarily performed and held by an employee in Executive's position or as otherwise may be assigned or delegated to Executive by the Board. position. (c) Obligations to the Company. During the Employment Period, Executive shall perform Executive's duties faithfully and to the best of Executive's ability and will devote Executive's full business efforts and time to the Company. During the Employment Period, without the prior written approval of your Supervisor, Executive shall not render services in any capacity to any other Person and shall not act as a sole proprietor or partner of engage in any other Person business activities for himself, in each case, that individually or own more than five percent (5%) of in the stock of any other corporation. aggregate would materially impact Executive's ability to perform his duties hereunder. Notwithstanding the foregoing, Executive may serve on civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, teach at educational institutions, or and manage personal investments without advance written consent of your Supervisor; provided that such activities do not individually or in the aggregate materially interfere with the performance of Executive's duties under this Agreement or create a potential business or fiduciary conflict. Executive shall comply with the Company's policies and rules, as they may be in effect from time to time during Executive's Employment. It is expressly understood and agreed that, to the extent that any such activities have been conducted by Executive, and disclosed in writing to the Company, in each case, prior to the Start Date, the continued conduct of such activities subsequent to the Start Date, to the extent not competitive with the Company, shall not thereafter be deemed to interfere with the performance of Executive's responsibilities to the Company. 1 (d) Business Opportunities. During Executive's Employment, Executive shall promptly disclose to the Company each business opportunity of a type, which based upon its prospects and relationship to the business of the Company or its affiliates, the Company might reasonably consider pursuing. In the event that Executive's Employment is terminated for any reason, the Company or its affiliates shall have the exclusive right to participate in or undertake any such opportunity on their own behalf without any involvement by or compensation to Executive under this Agreement. (e) No Conflicting Obligations. Excluding anything related to Executive's prior employment with Pine River as described in the Internalization Agreement, Executive represents and warrants to the Company that Executive is under no obligations or commitments, whether contractual or otherwise, that are inconsistent with Executive's obligations under this Agreement or that would otherwise prohibit Executive from performing Executive's duties with the Company. In connection with Executive's Employment, except as permitted under the Internalization Agreement, Executive shall not use or disclose any trade secrets or other proprietary information or intellectual property in which Executive or any other Person has any right, title or interest and Executive's Employment will not infringe or violate the rights of any other Person. Executive represents and warrants to the Company that Executive has returned all property and confidential information belonging to any prior employer. Nothing herein shall limit the Company's obligation to indemnify Executive pursuant to the Indemnification Agreement attached hereto as Attachment A (the "Indemnification Agreement"). View More
