Employment and Duties Clause Example with 7 Variations from Business Contracts
This page contains Employment and Duties 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.
Employment and Duties. (a)General. The Executive's employment under this Agreement shall commence on the Effective Date and continue until the date of the Executive's termination of employment. For the avoidance of doubt, the Executive's employment with the Company shall at all times be on an at-will basis and nothing in this Agreement shall provide the Executive the right to employment for any specified period. (b)Position and Duties. Subject to the terms and conditions hereof, the Executive shall continue to serve a...s Chief Executive Officer of the Company, reporting to the Board of Directors of the Company (the "Board"). The Executive shall have such duties and responsibilities commensurate with those typically provided by a chief executive officer of a company that is required to file reports with the Securities and Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended, as may be assigned to the Executive from time to time by the Board. The Executive's principal place of employment shall be the principal offices of the Company currently located in Palo Alto, California, subject to travel in the performance of the Executive's duties and the business of the Company. (c)Exclusive Services. For so long as the Executive is employed by the Company, the Executive shall devote the Executive's full business working time, attention and efforts to the Executive's duties hereunder, shall faithfully serve the Company, shall in all respects conform to and comply with the lawful and good faith directions and instructions given to the Executive by the Board and shall use the Executive's best efforts to promote and serve the interests of the Company. Further, the Executive shall not, directly or indirectly, render services to any other person or organization without the prior written consent of the Company (which shall not be unreasonably withheld) or otherwise engage in activities that would interfere significantly with the faithful performance of the Executive's duties hereunder. Notwithstanding the foregoing, the Executive may (i) serve on corporate, civic or charitable boards, provided that the Executive receives the prior written consent of the Board to serve on such boards; (ii) manage personal investments or engage in charitable activities; (iii) make passive investments in venture funds; provided, that, the Executive shall not provide services to, or advise in any capacity, any company in which the investments are made if the company competes with the Company; and (iv) be a passive owner of not more than 2% of the outstanding equity interest in any entity that is publicly traded, so long as the Executive has no active participation in the business of such entity; provided that each of the foregoing activities do not contravene the first sentence of this Section 1(c).View More
Variations of a "Employment and Duties" Clause from Business Contracts
Employment and Duties. (a)General. The Executive's employment under this Agreement shall commence on the Effective Date and continue until the date of the Executive's termination of employment. For the avoidance of doubt, the Executive's employment with the Company shall at all times be on an at-will basis and nothing in this Agreement shall provide the Executive the right to employment for any specified period. (b)Position and Duties. (a) General. Subject to the terms and conditions hereof, the Executive shall contin...ue to serve as Chief Executive Technology Officer of the Company, reporting to the Board of Directors Chief Executive Officer of the Company (the "Board"). "CEO"). The Executive shall have such duties and responsibilities commensurate with those typically provided by a chief executive technology officer of a company that is required to file reports with the Securities and Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended, amended (a "Public Company"), as may be assigned to the Executive from time to time by the Board. CEO. The Executive's principal place places of employment shall be the principal offices of the Company Microvast, currently located in Palo Alto, California, Stafford and Houston, Texas, and Microvast's offices in Orlando, Florida, subject to (i) remote working during the current pandemic; (ii) periodic travel in to Microvast's other worldwide locations; and (iii) such other reasonable travel as the performance of the Executive's duties and the business of the Company. (c)Exclusive Company may require. (b) Exclusive Services. For so long as the Executive is employed by any of the Company, Microvast and their subsidiaries (the "Company Group"), the Executive shall devote the Executive's full business working time, attention and efforts time to the Executive's duties hereunder, shall faithfully serve the Company, Company Group, shall in all respects conform to and comply with the lawful and good faith directions and instructions given to the Executive by the Board CEO, and shall use the Executive's best efforts to promote and serve the interests of the Company. Company Group. Further, the Executive shall not, directly or indirectly, render material services to any other person or organization without the prior written consent of the Company (which shall not be unreasonably withheld) pursuant to authority granted by the lead independent director of the Board of Directors of the Company (the "Board") or otherwise engage in activities that would interfere significantly with the faithful performance of the Executive's her duties hereunder. Notwithstanding the foregoing, the Executive may (i) serve on corporate, civic or charitable boards, boards provided that that, on and after the Effective Time, the Executive provides the lead independent director of the Board, in writing, with a list of such boards and receives the prior written consent of the lead independent director of the Board to serve on such boards; boards and (ii) manage personal investments or engage in charitable activities; (iii) make passive investments in venture funds; provided, that, the Executive shall not provide services to, or advise in any capacity, any company in which the investments are made if the company competes with the Company; and (iv) be a passive owner of not more than 2% of the outstanding equity interest in any entity that is publicly traded, so long as the Executive has no active participation in the business of such entity; activities, provided that each of the foregoing activities do such activity does not contravene the first sentence of this Section 1(c). 1(b). It is anticipated that the Executive shall continue to be an employee of, and receive compensation under this Agreement from, Microvast or one of its subsidiaries. View More
Employment and Duties. (a)General. The Executive's employment under this Agreement shall commence on the Effective Date and continue until the date of the Executive's termination of employment. For the avoidance of doubt, the Executive's employment with the Company shall at all times be on an at-will basis and nothing in this Agreement shall provide the Executive the right to employment for any specified period. (b)Position and Duties. (a) General. Subject to the terms and conditions hereof, the Executive shall contin...ue to serve as Chief Executive Financial Officer of the Company, reporting to the Board of Directors Chief Executive Officer of the Company (the "Board"). "CEO"). The Executive shall have such duties and responsibilities commensurate with those typically provided by a chief executive financial officer of a company that is required to file reports with the Securities and Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended, amended (a "Public Company"), as may be assigned to the Executive from time to time by the Board. CEO. The Executive's principal place places of employment shall be the principal offices of the Company Microvast, currently located in Palo Alto, California, Stafford and Houston, Texas, and Microvast's offices in Orlando, Florida, subject to (i) remote working during the current pandemic; (ii) periodic travel in to Microvast's other worldwide locations; and (iii) such other reasonable travel as the performance of the Executive's duties and the business of the Company. (c)Exclusive Company may require. (b) Exclusive Services. For so long as the Executive is employed by any of the Company, Microvast and their subsidiaries (the "Company Group"), the Executive shall devote the Executive's full business working time, attention and efforts time to the Executive's duties hereunder, shall faithfully serve the Company, Company Group, shall in all respects conform to and comply with the lawful and good faith directions and instructions given to the Executive by the Board CEO, and shall use the Executive's best efforts to promote and serve the interests of the Company. Company Group. Further, the Executive shall not, directly or indirectly, render material services to any other person or organization without the prior written consent of the Company (which shall not be unreasonably withheld) pursuant to authority granted by the lead independent director of the Board of Directors of the Company (the "Board") or otherwise engage in activities that would interfere significantly with the faithful performance of the Executive's his duties hereunder. Notwithstanding the foregoing, the Executive may (i) serve on corporate, civic or charitable boards, boards provided that that, on and after the Effective Time, the Executive provides the lead independent director of the Board, in writing, with a list of such boards and receives the prior written consent of the lead independent director of the Board to serve on such boards; boards and (ii) manage personal investments or engage in charitable activities; (iii) make passive investments in venture funds; provided, that, the Executive shall not provide services to, or advise in any capacity, any company in which the investments are made if the company competes with the Company; and (iv) be a passive owner of not more than 2% of the outstanding equity interest in any entity that is publicly traded, so long as the Executive has no active participation in the business of such entity; activities, provided that each of the foregoing activities do such activity does not contravene the first sentence of this Section 1(c). 1(b). It is anticipated that the Executive shall continue to be an employee of, and receive compensation under this Agreement from, Microvast or one of its subsidiaries. View More
Employment and Duties. (a)General. The Executive's employment under this Agreement shall commence on the Effective Date and continue until the date of the Executive's termination of employment. For the avoidance of doubt, the Executive's employment with the Company shall at all times be on an at-will basis and nothing in this Agreement shall provide the Executive the right to employment for any specified period. (b)Position and Duties. (a) Employment. Subject to the terms and conditions hereof, set forth in this Agree...ment, the Company hereby agrees to continue to employ the Executive, and the Executive shall continue hereby accepts continued employment, to serve as the Company's President, Chief Executive Officer of the Company, reporting to the Board of Directors of the Company (the "Board"). The Executive shall have Officer, and Chief Financial Officer, and will serve in such other positions, and perform and execute such duties and responsibilities commensurate with those typically provided by a chief executive officer of a company that is required to file reports with the Securities and Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended, as may be assigned to the Executive from time to time by the Board. Company's Board of Directors (the "Board of Directors"). Additionally, the Executive shall continue to serve, during the term of this Agreement, as a member of the Company's Board of Directors. (b) Performance of Duties. In performance of the Executive's duties, the Executive shall be subject to the direction of, and be reporting directly to, the Company's Board of Directors; anything herein to the contrary notwithstanding, if requested by the Board, the Executive will immediately resign from any Executive Positions in which the Executive may be serving at such time. The Executive's principal place execution of this Agreement constitutes the Executive's acceptance of his continuing appointment as the Company's President Chief Executive Officer, and Chief Financial Officer. The Executive agrees to perform his duties and discharge his responsibilities in a faithful manner and to the best of his ability and to use all reasonable efforts to promote the interests of the Company. It is understood and agreed by the Executive that the Executive's title and scope of duties and responsibilities may, from time to time, change, but that any such changes shall not constitute a basis for the termination of this Agreement by the Executive. (c) Full Time Efforts. The Executive may not accept other gainful employment except with the prior consent of the Board of Directors of the Company. With the prior consent of the Board of Directors of the Company, the Executive may become a director, trustee or other fiduciary of other corporations, trusts or entities. Except during vacations, holidays and other leave time, the Executive agrees to devote the Executive's full time efforts, professional attention, knowledge, and experience as may be necessary to carry on the Executive's duties pursuant to this agreement and the fulfillment of the Executive's responsibilities in accordance with the Executive Positions. For purposes of clarity, except with respect to subsidiaries of the Company, the Executive may not render executive services to, or serve as a director or officer of any other Company without the prior approval of the Board of Directors. However, nothing in this Section 1 shall be construed as preventing the principal offices Executive from pursuing any of the following: (i) investing and managing the Executive's personal assets and investments, so long as such assets and investments are not in businesses which are in direct competition with the Company currently located or otherwise present a conflict of interest with the Company; and (ii) participating in Palo Alto, California, subject to travel in civic, charitable, religious, industry and professional organizations and functions so long as they do not materially interfere with the performance of the Executive's duties and hereunder. 1 (d) Travel. The Executive shall be available to travel as the business needs of the Company. (c)Exclusive Services. For so long as Company's Business require. (e) Code of Ethics. During the term of this Agreement and at any time during which the Executive is employed by the Company, serving in the Executive shall devote Positions with the Executive's full business working time, attention and efforts Company the Executive agrees to adhere to the Executive's duties hereunder, shall faithfully serve Company's Code of Ethics and Business Conduct, as may be amended from time to time, which the Company, shall in all respects conform to Executive previously signed and comply with the lawful and good faith directions and instructions given provided to the Executive by the Board and shall use the Executive's best efforts to promote and serve the interests of the Company. Further, the Executive shall not, directly or indirectly, render services to any other person or organization without the prior written consent of the Company (which shall not be unreasonably withheld) or otherwise engage in activities that would interfere significantly with the faithful performance of the Executive's duties hereunder. Notwithstanding the foregoing, the Executive may (i) serve on corporate, civic or charitable boards, provided that the Executive receives the prior written consent of the Board to serve on such boards; (ii) manage personal investments or engage in charitable activities; (iii) make passive investments in venture funds; provided, that, the Executive shall not provide services to, or advise in any capacity, any company in which the investments are made if the company competes with the Company; and (iv) be a passive owner of not more than 2% of the outstanding equity interest in any entity that is publicly traded, so long as the Executive has no active participation in the business of such entity; provided that each of the foregoing activities do not contravene the first sentence of this Section 1(c).View More
Employment and Duties. (a)General. The Executive's employment under this Agreement shall commence (a) General. Commencing on the Effective Date and continue until the date of the Executive's termination of employment. For the avoidance of doubt, the Executive's employment with the Company shall at all times be on an at-will basis and nothing in this Agreement shall provide the Executive the right to employment for any specified period. (b)Position and Duties. Subject to the terms and conditions hereof, July 1, 2020 (t...he "Effective Date"), the Executive shall continue to serve as Chief Executive Officer and President of the Company, reporting directly to the Board of Directors of the Company (the "Board"). The Executive shall be appointed to the Board effective with, and subject to, his commencement of service as Chief Executive Officer and President of the Company as of the Effective Date. Thereafter, during the Executive's term of employment, the Board shall nominate the Executive for re-election as a member of the Board at the expiration of the then current term, provided that the foregoing shall not be required to the extent prohibited by legal or regulatory requirements. Commencing on the Effective Date, (i) Executive shall have such duties the duties, responsibilities, and responsibilities commensurate with those typically provided authority customarily held by a the chief executive officer and president of a company that is required to file reports with corporation the Securities and Exchange Commission pursuant to Section 13 or 15(d) equity securities of which are publicly traded, (ii) all employees of the Securities Exchange Act of 1934, as amended, as may be assigned Company shall report to the Executive or one of his designees, and (iii) Executive shall perform such other duties as the Board may reasonably require from time to time by as long as they are consistent with the Board. types of duties and responsibilities associated with the position of Chief Executive Officer and President (the "Other Duties"). The Executive's principal place of employment shall be the principal offices of the Company Company, currently located in Palo Alto, California, subject the Holmdel, New Jersey area; provided, however, that the Executive understands and agrees that he shall be required to travel in the performance of the Executive's duties and the from time to time for business of the Company. (c)Exclusive reasons. (b) Exclusive Services. For so long as the Executive is employed by the Company, the Executive shall devote the Executive's full business his full-time working time, attention and efforts time to the Executive's his duties hereunder, shall faithfully serve the Company, shall in all respects conform to and use his good faith efforts to comply with the lawful and good faith directions and instructions given to the Executive him by the Board Board, and shall use the Executive's best his good faith efforts to promote and serve the interests of the Company. Further, the Executive shall not, directly or indirectly, render services to any other person or organization without the prior written consent of the Company (which shall not be unreasonably withheld) or otherwise engage in activities that would interfere significantly with the faithful performance of the Executive's his duties hereunder. Notwithstanding the foregoing, subject to and in accordance with the Company's policies (including, without limitation, the Company's Code of Conduct and Corporate Governance Principles) as may be in effect from time to time, the Executive may (i) serve on corporate, corporate boards, with the prior consent of the Board, (ii) serve on civic or charitable boards, provided that the Executive receives the prior written consent of the Board to serve on such boards; (ii) manage personal investments boards or engage in charitable activities; activities without remuneration therefor, and (iii) make passive manage his personal investments and affairs, and serve as an executor, trustee, or in venture funds; provided, that, a similar fiduciary capacity in connection therewith, provided that such activities do not, individually or in the Executive shall not provide services to, or advise in any capacity, any company in which the investments are made if the company competes aggregate, (i) conflict materially with the Company; and (iv) be a passive owner of not more than 2% performance of the outstanding equity interest Executive's duties under this Agreement, (ii) conflict with the Executive's fiduciary duties to the Company, or (iii) result in any entity that is publicly traded, so long as the Executive has no active participation in the business of such entity; provided that each a breach of the foregoing activities do restrictive covenants to which Executive is bound. (c) Former Employers and Other Agreements. The Executive represents and warrants that he is not contravene subject to any restrictions by a former employer or under any other agreement that would prevent him from accepting the first sentence position of Chief Executive Officer and President of the Company or performing his duties under this Agreement without limitation.2. Employment "At-Will". The Executive's employment shall commence effective as of the Effective Date and shall continue through July 1, 2023 unless earlier terminated pursuant to the terms of this Section 1(c). Agreement (the "Term"). Continuation of the Executive's employment with the Company throughout the Term shall be deemed an employment "at will" and the Executive's employment may be terminated "at will" by either Executive or the Company. View More
Employment and Duties. (a)General. The Executive's employment under this Agreement shall commence on the Effective Date and continue until the date of the Executive's termination of employment. For the avoidance of doubt, the Executive's employment with the Company shall at all times be on an at-will basis and nothing in this Agreement shall provide the Executive the right to employment for any specified period. (b)Position and Duties. (a) General. Subject to the terms and conditions hereof, the Executive shall contin...ue to serve as Chief Executive Officer of the Company, reporting to the Board of Directors of the Company (the "Board"). The Executive shall have such duties and responsibilities commensurate with those typically provided by a chief executive officer of a company that is required to file reports with the Securities and Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended, amended (a "Public Company"), as may be assigned to the Executive from time to time by the Board. The Executive's principal place places of employment shall be the principal offices of the Company Microvast, currently located in Palo Alto, California, Stafford and Houston, Texas, and the Executive's home in Hawaii, subject to (i) remote working during the current pandemic; (ii) periodic travel in to Microvast's other worldwide locations, and (iii) such other reasonable travel as the performance of the Executive's duties and the business of the Company. (c)Exclusive Company may require. (b) Exclusive Services. For so long as the Executive is employed by any of the Company, Microvast and their subsidiaries (the "Company Group"), the Executive shall devote the Executive's full business working time, attention and efforts time to the Executive's duties hereunder, shall faithfully serve the Company, Company Group, shall in all respects conform to and comply with the lawful and good faith directions and instructions given to the Executive by the Board Board, and shall use the Executive's best efforts to promote and serve the interests of the Company. Company Group. Further, the Executive shall not, directly or indirectly, render material services to any other person or organization without the prior written consent of the Company (which shall not be unreasonably withheld) pursuant to authority granted by the lead independent director of the Board or otherwise engage in activities that would interfere significantly with the faithful performance of the Executive's his duties hereunder. Notwithstanding the foregoing, the Executive may (i) serve on corporate, civic or charitable boards, boards provided that that, on and after the Effective Time, the Executive provides the lead independent director of the Board, in writing, with a list of such boards and receives the prior written consent of the lead independent director of the Board to serve on such boards; boards and (ii) manage personal investments or engage in charitable activities; (iii) make passive investments in venture funds; provided, that, the Executive shall not provide services to, or advise in any capacity, any company in which the investments are made if the company competes with the Company; and (iv) be a passive owner of not more than 2% of the outstanding equity interest in any entity that is publicly traded, so long as the Executive has no active participation in the business of such entity; activities, provided that each of the foregoing activities do such activity does not contravene the first sentence of this Section 1(c). 1(b). It is anticipated that the Executive shall continue to be an employee of, and receive compensation under this Agreement from, Microvast or one of its subsidiaries. View More
Employment and Duties. (a)General. The Executive's employment under this Agreement shall commence on the Effective Date and continue until the date of the Executive's termination of employment. For the avoidance of doubt, the Executive's employment with the Company shall at all times be on an at-will basis and nothing in this Agreement shall provide the Executive the right to employment for any specified period. (b)Position and Duties. (a) General. Subject to the terms and conditions hereof, the Executive shall contin...ue to serve as Chief Executive Operating Officer of the Company, reporting to the Board of Directors Chief Executive Officer of the Company (the "Board"). "CEO"). The Executive shall have such duties and responsibilities commensurate with those typically provided by a chief executive operating officer of a company that is required to file reports with the Securities and Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended, amended (a "Public Company"), as may be assigned to the Executive from time to time by the Board. CEO. The Executive's principal place places of employment shall be the principal offices production facility of the Company currently located in Palo Alto, California, Clarksville, Tennessee, subject to (i) remote working during the current pandemic; (ii) periodic travel in to the Company's other worldwide locations; and (iii) such other reasonable travel as the performance of the Executive's duties and the business of the Company. (c)Exclusive Company may require. (b) Exclusive Services. For so long as the Executive is employed by the Company, Company and its subsidiaries (the "Company Group"), the Executive shall devote the Executive's full business working time, attention and efforts time to the Executive's duties hereunder, shall faithfully serve the Company, Company Group, shall in all respects conform to and comply with the lawful and good faith directions and instructions given to the Executive by the Board CEO, and shall use the Executive's best efforts to promote and serve the interests of the Company. Company Group. Further, the Executive shall not, directly or indirectly, render material services to any other person or organization without the prior written consent of the Company (which shall not be unreasonably withheld) pursuant to authority granted by the lead independent director of the Board of Directors of the Company (the "Board") or otherwise engage in activities that would interfere significantly with the faithful performance of the Executive's his duties hereunder. Notwithstanding the foregoing, the Executive may (i) serve on corporate, civic or charitable boards, boards provided that that, on and after the Effective Time, the Executive provides the lead independent director of the Board, in writing, with a list of such boards and receives the prior written consent of the lead independent director of the Board to serve on such boards; boards and (ii) manage personal investments or engage in charitable activities; (iii) make passive investments in venture funds; provided, that, the Executive shall not provide services to, or advise in any capacity, any company in which the investments are made if the company competes with the Company; and (iv) be a passive owner of not more than 2% of the outstanding equity interest in any entity that is publicly traded, so long as the Executive has no active participation in the business of such entity; activities, provided that each of the foregoing activities do such activity does not contravene the first sentence of this Section 1(c). 1(b). It is anticipated that the Executive shall continue to be an employee of, and receive compensation under this Agreement from, one of its subsidiaries. View More
Employment and Duties. (a)General. The Executive's employment under this Agreement shall commence on the Effective Date and continue until the date of the Executive's termination of employment. For the avoidance of doubt, the Executive's employment with the Company shall at all times be on an at-will basis and nothing in this Agreement shall provide the Executive the right to employment for any specified period. (b)Position and Duties. (a) General. Subject to the terms and conditions hereof, the Executive shall contin...ue to serve as President and Chief Executive Officer of the Company, reporting to the Board of Directors (the "Board") of the Company (the "Board"). Company. The Executive shall have such duties and responsibilities commensurate with those typically provided by a chief executive officer President and Chief Executive Officer of a company that is required to file reports with the Securities and Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended, amended (a "Public Company"), as may be assigned to the Executive from time to time by the Board. The Executive's principal place of employment shall be the principal offices of the Company currently located in Palo Alto, California, Palm Beach Gardens, Florida, subject to such reasonable travel in as the performance of the Executive's his duties and the business of the Company. (c)Exclusive Company may require. (b) Exclusive Services. For so long as the Executive is employed by the Company, the Executive shall devote the Executive's his full business working time, attention and efforts time to the Executive's his duties hereunder, shall faithfully serve the Company, shall in all respects conform to and comply with the lawful and good faith directions and instructions given to the Executive him by the Board and shall use the Executive's his best efforts to promote and serve the interests of the Company. Further, the Executive shall not, directly or indirectly, render material services to any other person or organization without the prior written consent of the Company (which shall not be unreasonably withheld) pursuant to authority granted by the Lead Director of the Board or otherwise engage in activities that would interfere significantly with the faithful performance of the Executive's his duties hereunder. Notwithstanding the foregoing, the Executive may (i) serve on corporate, civic or charitable boards, boards provided that that, on and after the Effective Date hereof, the Executive provides the Lead Director of the Board, in writing, with a list of such boards and receives the prior written consent of the Lead Director of the Board to serve on such boards; boards and (ii) manage personal investments or engage in charitable activities; (iii) make passive investments in venture funds; provided, that, the Executive shall not provide services to, or advise in any capacity, any company in which the investments are made if the company competes with the Company; and (iv) be a passive owner of not more than 2% of the outstanding equity interest in any entity that is publicly traded, so long as the Executive has no active participation in the business of such entity; activities, provided that each of the foregoing activities do such activity does not contravene the first sentence of this Section 1(c). 1(b). View More
