Employment Clause Example with 53 Variations from Business Contracts

This page contains 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.
Employment. (a) General. Effective as of the Effective Date, the Company shall continue to employ Executive and Executive shall remain in the employ of the Company, for the period and in the positions set forth in this Section 1, and subject to the other terms and conditions herein provided. (b) At-Will Employment. The Company and Executive acknowledge that Executive's employment is and shall continue to be at-will, as defined under applicable law, and that Executive's employment with the Company may be ter...minated by either Party at any time for any or no reason (subject to the notice requirements of Section 3(b)). This "at-will" nature of Executive's employment shall remain unchanged during Executive's tenure as an employee and may not be changed, except in an express writing signed by Executive and a duly authorized officer of the Company. If Executive's employment terminates for any reason, Executive shall not be entitled to any payments, benefits, damages, award or compensation other than as provided in this Agreement or otherwise agreed to in writing by the Company or as provided by applicable law. The term of this Agreement (the "Term") shall commence on the Effective Date and end on the date this Agreement is terminated under Section 3. (c) Positions and Duties. During the Term, Executive shall serve as President and Chief Executive Officer of the Company with such responsibilities, duties and authority normally associated with such positions and as may from time to time be assigned to Executive by the Board of Directors of the Company or an authorized committee of the Board (in either case, the "Board"). Executive shall devote substantially all of Executive's working time and efforts to the business and affairs of the Company (which shall include service to its affiliates, if applicable) and shall not engage in outside business activities (including serving on outside boards or committees) without the consent of the Board, provided that Executive shall be permitted to (i) manage Executive's personal, financial and legal affairs, (ii) participate in trade associations, and (iii) serve on the board of directors of not-for-profit or tax-exempt charitable organizations, in each case, subject to compliance with this Agreement and provided that such activities do not materially interfere with Executive's performance of Executive's duties and responsibilities hereunder. Executive agrees to observe and comply with the rules and policies of the Company as adopted by the Company from time to time, in each case as amended from time to time, as set forth in writing, and as delivered or made available to Executive (each, a "Policy"). View More
Found in Seres Therapeutics, Inc. contract

Variations of a "Employment" Clause from Business Contracts

Employment. (a) General. Effective as of the Effective Date, the Company shall continue to employ Executive and Executive shall remain in the employ of the Company, for the period and in the positions position set forth in this Section 1, and subject to upon the other terms and conditions herein provided. (b) At-Will Employment. The Company and Executive acknowledge that Executive's employment is and shall continue to be at-will, as defined under applicable law, and that Executive's employment with the Comp...any may be terminated by either Party at any time for any or no reason (subject to the notice requirements of Section 3(b)). This "at-will" nature of Executive's employment shall remain unchanged during Executive's tenure as an employee and may not be changed, except in an express writing signed by Executive and a duly authorized officer of the Company. If Executive's employment terminates for any reason, Executive shall not be entitled to any payments, benefits, damages, award or compensation other than as provided in this Agreement or otherwise agreed to in writing by the Company or as provided by applicable law. Employment Term. The term of employment under this Agreement (the "Term") shall commence be for the period beginning on the Effective Date Date, and end ending on the second anniversary thereof, subject to earlier termination as provided in Section 3. The Term shall automatically renew for additional one (1) year periods unless no later than forty-five (45) days prior to the end of the applicable Term either Party gives written notice of non-renewal ("Notice of Non-Renewal") to the other, in which case Executive's employment will terminate at the end of the then-applicable Term or any other date this Agreement is terminated under set by the Company in accordance with Section 3 and subject to earlier termination as provided in Section 3. (c) Positions Position and Duties. During the Term, Executive shall serve as President and Chief Executive Technology Officer of the Company with such customary responsibilities, duties and authority normally associated with such positions and as may from time to time be assigned to Executive by the Board of Directors of the Company or an authorized committee of the Board (in either case, the "Board"). Chief Executive Officer. Executive shall devote substantially all of Executive's working time and efforts to the business and affairs of the Company (which shall include service to its affiliates, if applicable) and applicable); provided that the foregoing shall not engage be construed as preventing Executive from engaging in outside business activities (including the following activities: (i) accepting speaking or presentation engagements in exchange for honoraria, (ii) making passive investments in privately held companies and/or serving on outside no more than five (5) boards or committees) without the consent of the Board, provided that Executive shall be permitted to (i) manage Executive's personal, financial and legal affairs, (ii) participate in trade associations, and (iii) serve on the board of directors of not-for-profit or tax-exempt charitable organizations, in each case, subject to compliance with this Agreement and provided privately held companies at any given time (provided that such privately held companies do not compete, either directly or indirectly, with the Business (as defined in Section 5(d)), (iii) making passive investments in venture funds, regardless as to whether such funds invest in companies that compete with the Business; provided, that, Executive shall not provide services to, or advise in any capacity, any company in which the investments are made if the company competes, directly or indirectly, with the Business, or (iv) being a passive owner of not more than 2% of the outstanding equity interest in any entity that is publicly traded, so long as Executive has no active participation in the business of such entity; provided further that, in the aggregate, the preceding activities do not materially interfere with Executive's performance of Executive's duties and responsibilities hereunder. obligations set forth in this Agreement. Executive agrees to observe and comply with the rules and policies of the Company as adopted by the Company from time to time, in each case as amended from time to time, as set forth in writing, and as delivered or made available to Executive (each, a "Policy"). "Policy" and collectively, the "Policies"). View More
Found in Intapp, Inc. contract
Employment. (a) General. Effective as of the Effective Date, the Company shall continue to employ Executive and Executive shall remain in the employ of the Company, for the period and in the positions position set forth in this Section 1, and subject to the other terms and conditions herein provided. (b) At-Will Employment. The Company and Executive acknowledge that Executive's employment is and shall continue to be at-will, as defined under applicable law, and that Executive's employment with the Company m...ay be terminated by either Party at any time for any or no reason (subject to the notice requirements of Section 3(b)). This "at-will" nature of Executive's employment shall remain unchanged during Executive's tenure as an employee and may not be changed, except in an express writing signed by Executive and a duly authorized officer of the Company. If Executive's employment terminates for any reason, Executive shall not be entitled to any payments, benefits, damages, award or compensation other than as provided in this Agreement or otherwise agreed to in writing by the Company or as provided by applicable law. Employment Term. The term of employment under this Agreement (the "Term") shall commence be on the Effective Date an at will basis and end on the date this Agreement is continue until terminated under as provided in Section 3 hereof. (c) Positions Position and Duties. (i) During the Term, Executive shall serve as President and Chief the Executive Officer Chairman of the Company with such responsibilities, duties and authority normally associated with such positions position and as may from time to time be assigned to Executive by the Board (as defined below). Executive shall report directly to the board of Directors directors of the Company or an authorized committee (the "Board"). In connection with Executive's service as Executive Chairman of the Company, Executive shall support the Company's Chief Executive Officer (the "CEO") in the leadership of the Company's business and will cooperate in all reasonable respects with the CEO, and shall take direction from the Board, in each case in regard to the division of leadership responsibilities between the Executive and the CEO. Subject to the foregoing and consultation with the CEO, the Company and the Executive presently expect that the functional responsibilities of the Executive and the CEO shall initially be as set forth in Exhibit A hereto, it being understood that such functional responsibilities may be modified from time to time by the Board (in either case, with the "Board"). prior written consent of the Executive (not to be unreasonably withheld, conditioned, or delayed) and the CEO. (ii) During the Term, Executive shall devote substantially all such amount of Executive's working time and efforts to the business and affairs of the Company (which shall include service to its affiliates, if applicable) direct and indirect subsidiaries) as is necessary for the Executive to carry out his duties and responsibilities hereunder. Executive shall not be permitted to engage in outside business activities (including serving on outside boards or committees) without so long as such activities do not materially interfere with Executive's performance of his duties and responsibilities hereunder. Without limiting the consent generality of the Board, provided that foregoing, Executive shall be permitted to (i) manage Executive's personal, financial and legal affairs, (ii) participate in trade associations, and (iii) serve on the board of directors of for-profit organizations as well as not-for-profit or tax-exempt charitable organizations, (iv) serve as a member of the board of directors of Cyxtera Technologies, Inc. ("Cyxtera"), (v) continue to serve in the Executive's existing role with respect to the management of Medina Capital Advisors, LLC, Medina Capital Fund, L.P. (it being understood that no new investments will be made with respect to this Fund), and Medina Capital Fund II, LLC, eMerge Americas, LLC and Innovation Center of the Americas, LLC (together the "Existing Funds"), and (vi) form and/or operate one or more private equity funds, venture capital funds, investment funds or other similar business or entities (whether or not managed by Medina Capital Advisors, LLC) (together, the "Other Funds"), in each case, subject to compliance with this Agreement and provided that such activities do not materially interfere with Executive's performance of Executive's duties and responsibilities hereunder. For the avoidance of doubt, Executive may not invest (whether through any Existing Fund, Other Fund or otherwise) at any time during the Term or during the Restriction Period (as defined in Section 5) in any business which competes with the Business (as defined below) without the approval of the Board. Executive agrees to observe and comply with the rules and policies of the Company as adopted by the Company Board from time to time, in each case as amended from time to time, as set forth in writing, writing and as delivered or made available to Executive (each, a "Policy"). View More
Found in NEWTOWN LANE MARKETING INC contract
Employment. (a) General. Effective as of the Effective Date, the The Company shall continue to employ Executive and Executive shall remain be in the employ of the Company, for the period and in the positions set forth in this Section 1, and subject to the other terms and conditions herein provided. herein. (b) At-Will Employment. The Company and Executive acknowledge that Executive's employment is and shall continue to be at-will, as defined under applicable law, and that Executive's employment with the Com...pany may be terminated by either Party at any time for any or no reason (subject to the notice requirements of Section 3(b)). This "at-will" nature of Executive's employment shall remain unchanged during Executive's tenure as an employee and may not be changed, except in an express writing signed by Executive and a duly authorized officer of the Company. If Executive's employment terminates for any reason, Executive shall not be entitled to any payments, benefits, damages, award or compensation other than as provided in this Agreement or otherwise agreed to in writing by the Company or as provided by applicable law. Employment Term. The term of employment under this Agreement (the "Term") shall commence on the Effective Date and end on the date this Agreement Executive's employment is terminated under Section 3 below. (c) Positions and Duties. During the Term, Positions. Executive shall initially serve as President and the Chief Executive Officer of the Company Company's subsidiary, US Home Rentals, LLC ("Position") with such responsibilities, duties and authority normally associated with such positions Position and as may from time to time be reasonably assigned (commensurate with the Position) to Executive by the Company's Board of Directors (the "Board"). Executive shall report to the Company's interim Chief Executive Officer. Provided Executive's employment is not earlier terminated, Executive shall transition to the role of Chief Executive Officer of the Company or an authorized committee no later than 30 days following the resumption of trading of the Company's common stock on the over-the-counter market (the "OTC"). In addition, as soon as practicable following commencement as Chief Executive Officer for the Company, Executive shall be appointed to the Board (in either case, for no additional consideration. The Board shall use best efforts to designate and nominate the "Board"). Executive as a director of the Company upon each expiration of his Board term and, if elected by the stockholders of the Company, the Executive shall accept such position and diligently perform the duties arising from such position. (d) Duties. Executive shall devote substantially all of Executive's working time time, attention and efforts to the business and affairs of the Company (which shall include service to its affiliates, if applicable) and shall affiliates), except during any paid vacation or other excused absence periods. Executive may not engage in outside business activities (including activities, except serving on outside boards or committees) without the consent of the Board, provided that Executive shall be permitted to (i) manage Executive's personal, financial and legal affairs, (ii) participate in trade associations, and (iii) serve on the board of directors of not-for-profit or tax-exempt charitable organizations, in each case, committees, subject to compliance with this Agreement and provided that such activities do not materially interfere with Executive's performance of Executive's duties and responsibilities hereunder. hereunder or violate the terms of any confidentiality or other restrictive covenants applicable to Executive. Executive agrees to observe and comply with the rules Policies (as defined below). Executive shall be permitted to manage his personal investments, including through 29 Willow Street LLC and policies of the Company as adopted by the Company additional properties Executive may invest in from time to time, time. (e) Location. Executive shall, subject to reasonably required travel in each case as amended from time connection with the performance of Executive's duties, including (subject to time, as set forth COVID-19 restrictions) travel to the Company's offices in writing, Columbia, South Carolina, perform the services required by this Agreement at Executive's home office in New Jersey. The Board and as delivered the Executive will consider whether the Executive needs to relocate to the Company's offices to be established in New York City or made available to Executive (each, a "Policy"). New Jersey by the first anniversary of the Effective Date; provided, that, such relocation may only occur upon mutual agreement of the parties. View More
Found in FTE Networks, Inc. contract
Employment. (a) General. Effective as of the Effective Date, the The Company shall continue to employ Executive and Executive shall remain be in the employ of the Company, for the period and in the positions set forth in this Section 1, and subject to the other terms and conditions herein provided. (b) At-Will Employment. The Company and Executive acknowledge that Executive's employment is and shall continue to be at-will, as defined under applicable law, and that Executive's employment with the Company may... be terminated by either Party at any time for any or no reason (subject to the notice requirements of Section 3(b)). This "at-will" nature of Executive's employment shall remain unchanged during Executive's tenure as an employee and may not be changed, except in an express writing signed by Executive and a duly authorized officer of the Company. If Executive's employment terminates for any reason, Executive shall not be entitled to any payments, benefits, damages, award or compensation other than as provided in this Agreement or otherwise agreed to in writing by the Company or as provided by applicable law. herein. Employment Term. The term of employment under this Agreement (the "Term") shall commence begin on the Effective Date February 7, 2022 (the "Effective Date") and end continue for four (4) years, ending on the date this Agreement is terminated under February 6, 2026, subject to earlier termination as provided in Section 3 (c) Positions and Duties. During the Term, below. Positions. Executive shall initially serve as President and Special Advisor to the Chief Executive Officer until the filing of the Company with such Company's annual report on Form 10-K for the year ended December 31, 2021 and its related earnings release after which Executive will become the Company's Chief Financial Officer, effective as of the later of the Form 10-K filing date and March 1, 2022. Executive's responsibilities, duties and authority shall include those normally associated with such positions and as may from time to time be assigned to Executive by the Board of Directors of Chief Executive Officer. Executive shall report directly to the Chief Executive Officer. At the Company's request, Executive shall serve the Company and/or its subsidiaries and affiliates in such other capacities in addition to the foregoing as the Chief Executive Officer may reasonably designate; provided that such additional capacities are consistent with Executive's position as the Company's Chief Financial Officer. In the event that Executive serves in any one or an authorized committee more of the Board (in either case, the "Board"). such additional capacities, Executive's compensation shall not be increased on account of such additional service. Duties. Executive shall devote substantially all of Executive's his full working time time, attention and efforts to the business and affairs of the Company (which shall include service to its affiliates, if applicable) subsidiaries), and shall use his best efforts, skills and abilities to promote the interests of the Company, and to diligently and competently perform the duties of his positions except during any paid vacation or other excused absence periods. Executive shall not engage in outside business activities (including serving on outside boards or committees) without the prior written consent of the Board, Chief Executive Officer (which the Chief Executive Officer may grant or withhold in its sole and absolute discretion); provided that Executive shall be permitted to (i) manage Executive's personal, financial and legal affairs, have a direct and/or indirect ownership interest in any company that is not a competitor of the Company; (ii) participate in trade associations, and (iii) serve on the board of directors of, or work for, any charitable, non-profit or community organization other than a competitor of not-for-profit the Company or tax-exempt charitable organizations, where the Chief Executive Officer reasonably determines there is an actual conflict of interest; or (iii) pursue his personal financial and legal affairs, in each case, subject to compliance with this Agreement and provided that such activities do not materially interfere with Executive's performance of Executive's duties and responsibilities hereunder. hereunder or violate any restrictive covenants applicable to Executive pursuant to any written agreement with the Company (including, without limitation, the restrictive covenants set forth in Section 5). Executive agrees to observe and comply with the rules and policies of the Company as adopted by the Company from time to time, in each case as amended from time to time, as set forth in writing, and as delivered or made available to Executive (each, a "Policy"). in advance of the effectiveness thereof. Location. Executive shall perform his duties hereunder from Atlanta, Georgia, and agrees to travel for business purposes in such amount as is necessary in order for Executive to fully and competently perform his duties hereunder, including, but not limited to, periodic travel to the Company's headquarters in Bainbridge, Georgia. View More
Found in Live Oak Acquisition Corp contract
Employment. (a) General. Effective as of the Effective Date, the Company shall continue to employ Executive and Executive shall remain in the employ of the Company, Company for the period and in the positions position set forth in this Section 1, and subject to the other terms and conditions herein provided. 1. (b) At-Will Employment. The Company and Executive acknowledge that Executive's employment is and shall continue to be at-will, as defined under applicable law, and that Executive's employment with th...e Company may be terminated by either Party at any time for any or no reason (subject to the notice requirements of Section 3(b)). This "at-will" nature of Executive's employment shall remain unchanged during Executive's tenure as an employee and may not be changed, except in an express writing signed by Executive and a duly authorized officer of the Company. If Executive's employment terminates for any reason, Executive shall not be entitled to any payments, benefits, damages, award or compensation other than as provided in this Agreement or otherwise agreed to in writing by the Company or as provided by applicable law. Employment Term. The term of employment under this Agreement (the "Term") shall commence be for the period beginning on the Effective Date and end ending on the date this Agreement is terminated under third anniversary of the Effective Date, subject to earlier termination as provided in Section 3. The Term shall automatically renew for additional twelve (12) month periods unless, no later than sixty (60) days prior to the end of the applicable Term, either Party gives written notice of non-renewal ("Notice of Non-Renewal") to the other, in which case Executive's employment will terminate at the end of the then-applicable Term, subject to earlier termination as provided in Section 3. For the avoidance of doubt, in the event the Company provides a Notice of Non-Renewal and terminates the Executive's employment upon or following the expiration of the Term, the Executive will not be entitled to receive the payments and benefits set forth in Section 4(b) of this Agreement; however, the provisions of Section 6, 7, 8, 9 and 11 shall survive the expiration or non-renewal of the Term. The provisions of Section 5 shall also survive the expiration or non-renewal of the Term, unless such expiration or non-renewal results from the delivery of a Notice of Non-Renewal by the Company to Executive (a "Company Non-Renewal"). (c) Positions Principal Location of Employment. Executive's employment location will be at the Company's corporate headquarters, currently located at 2333 Ponce De Leon Blvd., Coral Gables, Florida 33134, or at such other location where such offices may be relocated from time to time. Executive may work remotely so long as such arrangement does not materially interfere with Executive's performance of Executive's duties and responsibilities hereunder. (d) Position and Duties. During the Term, Executive shall serve as President and Chief Executive Officer of the Company with such responsibilities, duties and authority normally associated with such positions and as may from time to time be assigned to Executive by the Board board of Directors directors of the Company or an authorized committee of the Board (in either case, the (the "Board"). Executive shall devote substantially all of Executive's working time and efforts to the business and affairs of the Company (which shall include service to and its affiliates, if applicable) direct and indirect subsidiaries and controlled affiliates and shall not engage in outside business activities (including serving on outside boards or committees) without the consent of the Board, Board; provided that Executive shall be permitted to (i) engage in the outside business activities disclosed on Exhibit B hereto, (ii) manage Executive's personal, financial and legal affairs, (ii) (iii) participate in trade associations, and (iii) (iv) serve on the board of directors of not-for-profit or tax-exempt charitable organizations, in each case, subject to compliance with this Agreement and provided that such activities do not materially interfere with Executive's performance of Executive's duties and responsibilities hereunder. Executive agrees to observe and comply with the rules and policies of the Company as adopted by the Company Board from time to time, in each case as amended from time to time, as set forth in writing, writing and as delivered or made available to Executive (each, a "Policy"). View More
Found in NEWTOWN LANE MARKETING INC contract
Employment. (a) General. (a)General. Effective as of the Effective Date, the Company shall continue to employ Executive and Executive shall remain in accept the employ of employment by the Company, for the period and in the positions position set forth in this Section 1, and subject to upon the other terms and conditions herein provided. (b) At-Will Employment. The Company and Executive acknowledge that Executive's employment is and shall continue to be at-will, as defined under applicable law, and that Exe...cutive's employment with the Company may be terminated by either Party at any time for any or no reason (subject to the notice requirements of Section 3(b)). This "at-will" nature of Executive's employment shall remain unchanged during Executive's tenure as an employee and may not be changed, except in an express writing signed by Executive and a duly authorized officer of the Company. If Executive's employment terminates for any reason, Executive shall not be entitled to any payments, benefits, damages, award or compensation other than as provided in this Agreement or otherwise agreed to in writing by the Company or as provided by applicable law. (b)Employment Term. The term of employment under this Agreement (the "Term") shall commence be for the period beginning on the Effective Date Date, and end ending on the date this Agreement is terminated under first anniversary thereof, subject to earlier termination as provided in Section 3. (c) Positions The Term shall automatically renew for additional one (1) year periods unless no later than ninety (90) days prior to the end of the applicable Term either Party gives written notice of non-renewal ("Notice of Non-Renewal") to the other, in which case Executive's employment will terminate at the end of the then-applicable Term or any other date set by the Company in accordance with Section 3) and subject to earlier termination as provided in Section 3. (c)Position and Duties. During the Term, Executive shall serve as President Executive Vice President, Partnerships and Chief Executive Officer General Counsel of the Company with such customary responsibilities, duties and authority normally associated with such positions and as may from time to time be assigned to Executive by the Board of Directors Chief Executive Officer of the Company or an authorized committee of the Board (in either case, the "Board"). (the "CEO"). Executive shall devote substantially all of Executive's working time and efforts to the business and affairs of the Company (which shall include (including service to its affiliates, if applicable) and shall not engage in outside business activities (including serving on outside boards or committees) without the consent of the Board, applicable), provided that Executive shall be permitted to (i) manage Executive's personal, financial may engage in charitable, community service, religious, educational and legal affairs, (ii) participate in trade associations, and (iii) serve on industry association activities and, with the board prior written approval of the CEO, advisory boards or boards of directors of not-for-profit or tax-exempt charitable organizations, companies that are not in each case, subject to compliance competition with this Agreement and provided that such the Company as long as long as the foregoing activities do not materially interfere with Executive's performance of Executive's duties and responsibilities hereunder. under this Agreement. Executive agrees to observe and comply with the rules and policies of the Company as adopted by the Company from time to time, in each case as amended from time to time, as set forth in writing, and as delivered or made available to Executive (each, a "Policy"). "Policy" and, collectively, the "Policies"). View More
Found in YogaWorks, Inc. contract
Employment. (a) General. Effective as of the Effective Date, the The Company shall continue to employ Executive and Executive shall remain in the employ of the Company, for the period and in the positions position set forth in this Section 1, and subject to the other terms and conditions herein provided. (b) At-Will Employment. The Company This Agreement shall supersede and Executive acknowledge that Executive's employment is replace the Employment Agreement made as of January 1, 2012 between DENTSPLY Inter...national Inc. ("DENTSPLY") and Executive, as amended through the date hereof (the "Prior Agreement"), which shall continue to terminate and no longer be at-will, effective as defined under applicable law, and that Executive's employment with the Company may be terminated by either Party at any time for any or no reason (subject to the notice requirements of Section 3(b)). This "at-will" nature of Executive's employment shall remain unchanged during Executive's tenure as an employee and may not be changed, except in an express writing signed by Executive and a duly authorized officer of the Company. If Executive's employment terminates for any reason, Executive shall not be entitled to any payments, benefits, damages, award or compensation other than as provided in this Agreement or otherwise agreed to in writing by the Company or as provided by applicable law. Effective Date. (c) Employment Term. The term of employment under this Agreement (the "Term") shall commence be for the period beginning on the Effective Date Date, and shall automatically renew for twelve (12) month periods unless no later than ninety (90) days prior to the end of the applicable Term either party gives written notice of non-renewal ("Notice of Non-Renewal") to the other in which case Executive's employment will terminate at the end of the then-applicable Term, subject to earlier termination as provided in Section 3. Notwithstanding the foregoing, in the event that any Notice of Non-Renewal given by the Company indicates that the Company is willing to continue Executive's employment under the terms of a new agreement, then Executive and the Company shall negotiate in good faith regarding the terms of such new agreement. If Executive and the Company have not agreed on the terms of a new agreement within 150 days following the date this Agreement is terminated under Section 3. (c) Positions of such Notice of Non-Renewal (the "Negotiation Term"), then Executive's employment shall terminate upon expiration of the Negotiation Term, unless otherwise agreed by the Company and Executive. (d) Position and Duties. During the Term, Executive shall serve as President the Senior Vice President, Endodontics, Restoratives, Preventives and Chief Executive Officer of the Company Instruments with such responsibilities, duties and authority normally associated with such positions and as may from time to time be for activities assigned to Executive by the Board of Directors President and Chief Operating Officer of the Company Company, or an authorized committee his/her designee, depending on the needs and demands of the Board (in either case, business and the "Board"). availability of other personnel, provided that such services shall generally be similar in level of position and responsibility as those set forth in this Agreement. Executive shall devote substantially all of Executive's working time and efforts to the business and affairs of the Company (which shall include service to its affiliates, if applicable) Affiliates) and shall not engage in outside business activities (including serving on outside boards or committees) without the consent of the Board, President and Chief Operating Officer, provided that Executive shall be permitted to (i) manage Executive's personal, financial and legal affairs, (ii) participate in trade associations, and (iii) serve on the board of directors of not-for-profit or tax-exempt charitable organizations, and (iv) with President and Chief Operating Officer approval, serve on the board of directors or similar board of for-profit organizations, in each case, subject to compliance with this Agreement and provided that such activities do not materially interfere with Executive's performance of Executive's duties and responsibilities hereunder. Executive agrees to observe and comply with the rules and policies of the Company and its subsidiaries as adopted by the Company or its Affiliates from time to time, in each case as amended from time to time, as set forth in writing, and as delivered or made available to Executive (each, a "Policy"). (e) Principal Place of Employment. The Parties agree that Executive's principal office will be the Company's headquarters or such other principal office or offices, as appropriate for the performance of his duties, as mutually agreed by both parties and determined in consultation with the President and Chief Operating Officer. The Parties understand that given the nature of Executive's duties, Executive will be required to travel and perform services at locations other than his principal office from time to time. View More
Found in Dentsply Sirona contract
Employment. (a) General. Effective as of the Effective Date, "Start Date," (as defined below) the Company shall continue to employ Executive and Executive shall remain in the employ of the Company, for the period and in the positions position set forth in this Section 1, and subject to the other terms and conditions herein provided. (b) At-Will Employment. Employment Term. The Company and Executive acknowledge that Executive's term of employment is and under this Agreement (the "Term") shall continue to be ...at-will, for the period beginning on the Effective Date or such later date as defined under applicable law, and that the Parties may mutually agree (the date on which Executive's employment with the Company may be terminated by either Party at any time for any or no reason (subject to actually commences, the notice requirements of Section 3(b)). This "at-will" nature of Executive's employment shall remain unchanged during Executive's tenure as an employee "Start Date"), and may not be changed, except in an express writing signed by Executive and a duly authorized officer ending on the fourth anniversary of the Company. If Executive's employment terminates for any reason, Executive shall not be entitled Effective Date, subject to any payments, benefits, damages, award or compensation other than earlier termination as provided in this Agreement or otherwise agreed Section 3. The Term shall automatically renew for additional twelve (12) month periods unless no later than sixty (60) days prior to the end of the applicable Term either Party gives written notice of non-renewal to the other, in writing by which case Executive's employment will terminate at the Company or end of the then-applicable Term, subject to earlier termination as provided by applicable law. The term of this Agreement (the "Term") shall commence on the Effective Date and end on the date this Agreement is terminated under in Section 3. (c) Positions Position and Duties. During the Term, Executive shall serve as President and the Chief Executive Commercial Officer of the Company Lindblad, with such responsibilities, duties and authority normally associated with such positions position and as may from time to time be assigned to Executive by the Chief Executive Officer of Lindblad or by the Board of Directors of the Company Holdings or an authorized committee thereof (in any case, the "Board") consistent with Executive's position as Chief Commercial Officer of Lindblad. Executive shall report to the Chief Executive Officer of Lindblad at the Company's executive offices located in New York, New York. The Parties acknowledge and agree that as of the Board (in either case, Start Date, Executive shall reside in Florida, provided, however, that the "Board"). Company may in the future require Executive to relocate his primary residence to the New York area, upon reasonable notice to him, which shall not constitute a breach of this Agreement. Until such time as the Company may request Executive to relocate, it is expected that Executive will report to work in the New York offices three times per week each week of the Term. Executive shall devote substantially all of Executive's working time and efforts to the business and affairs of the Company Lindblad (which shall include service to its affiliates, if applicable) subsidiaries without additional compensation therefor) and shall not engage in outside business activities (including serving on outside boards or committees) without the consent of the Board, provided that Executive shall be permitted to (i) manage Executive's personal, financial and legal affairs, (ii) participate in charitable, religious, civic, community, industry or trade organizations or associations, and (iii) serve on the board of directors of not-for-profit or tax-exempt charitable organizations, in each case, subject to compliance with this Agreement and any other agreement between Executive and Holdings, the Company and/or any of its subsidiaries, and provided that such activities activities, individually or in the aggregate, do not materially interfere with Executive's performance of Executive's duties and responsibilities hereunder. Executive agrees to observe and comply with the rules and policies of the Company as adopted by the Company from time to time, in each case as amended from time to time, as set forth in writing, and as delivered or made available to Executive (each, a "Policy"). View More
Found in LINDBLAD EXPEDITIONS HOLDINGS, INC. contract
Employment. (a) General. Effective as on the consummation of the Effective Date, transactions (including without limitation the merger ("Merger")) contemplated by the Agreement and Plan of Merger ("Merger Agreement") by and among DENTSPLY International Inc., Sirona Dental Systems, Inc. and Dawkins Merger Sub, Inc., dated September 15, 2015 (the "Effective Date"), the Company shall continue to employ Executive and Executive shall remain in the employ of the Company, for the period and in the positions positi...on set forth in this Section 1, and subject to the other terms and conditions herein provided. (b) At-Will Employment. The Company and Executive acknowledge that Executive's employment is and shall continue to be at-will, as defined under applicable law, and that Executive's employment with In the Company may be terminated by either Party at any time for any or no reason (subject to event the notice requirements of Section 3(b)). This "at-will" nature of Executive's employment shall remain unchanged during Executive's tenure as an employee and may above-mentioned closing does not be changed, except in an express writing signed by Executive and a duly authorized officer of the Company. If Executive's employment terminates occur for any reason, Executive this Agreement shall not become effective and shall be entitled to any payments, benefits, damages, award null and void and of no force or compensation other than effect. (b) This Agreement shall supersede and replace the Employment Agreement made as provided in this Agreement or otherwise agreed to in writing by of February 19, 2008 between the Company or and Executive, as provided by applicable law. amended through the date hereof (the "Prior Agreement"), which shall terminate and no longer be effective as of the Effective Date. (c) Employment Term. The term of employment under this Agreement (the "Term") shall commence be for the period beginning on the Effective Date Date, and end ending on the date this Agreement is terminated under third anniversary of the Effective Date, subject to earlier termination as provided in Section 3. (c) Positions The Term shall automatically renew for additional twelve (12) month periods unless no later than ninety (90) days prior to the end of the applicable Term either party gives written notice of non-renewal ("Notice of Non-Renewal") to the other in which case Executive's employment will terminate at the end of the then-applicable Term, subject to earlier termination as provided in Section 3. Notwithstanding the foregoing, in the event that any Notice of Non-Renewal given by the Company indicates that the Company is willing to continue Executive's employment under the terms of a new agreement, then Executive and the Company shall negotiate in good faith regarding the terms of such new agreement. If Executive and the Company have not agreed on the terms of a new agreement within 150 days following the date of such Notice of Non-Renewal (the "Negotiation Term"), then Executive's employment shall terminate upon expiration of the Negotiation Term, unless otherwise agreed by the Company and Executive. 1 (d) Position and Duties. During the Term, Executive shall serve as President and Chief Executive Officer Chairman of the Company with such responsibilities, duties and authority normally associated with such positions and as may from time to time be assigned to Executive by the Board of Directors of the Company or an authorized committee (the "Board") with such responsibilities, duties and authority established in the Company's bylaws, certificate of incorporation and Corporate Guidelines/Policies all as in effect on the Board (in either case, the "Board"). Effective Date, as they may be modified from time to time in accordance with their terms. Executive shall devote substantially all of Executive's working time and efforts to the business and affairs of the Company (which shall include service to its affiliates, if applicable) Affiliates) and shall not engage in outside business activities (including serving on outside boards or committees) without the consent of the Board, provided that Executive shall be permitted to (i) manage Executive's personal, financial and legal affairs, (ii) participate in trade associations, and (iii) serve on the board of directors of not-for-profit or tax-exempt charitable organizations, and (iv) with Board approval, serve on the board of directors or similar board of for-profit organizations, in each case, subject to compliance with this Agreement and provided that such activities do not materially interfere with Executive's performance of Executive's duties and responsibilities hereunder. Executive agrees to observe and comply with the rules and policies of the Company and its subsidiaries as adopted by the Company or its Affiliates from time to time, in each case as amended from time to time, as set forth in writing, and as delivered or made available to Executive (each, a "Policy"). (e) Principal Place of Employment. The Parties agree that Executive's principal office will be the Company's headquarters or such other principal office or offices, as appropriate for the performance of his duties, as determined in consultation with the Board. The Parties understand that given the nature of Executive's duties, Executive will be required to travel and perform services at locations other than his principal office from time to time. View More
Found in Dentsply Sirona contract
Employment. (a) General. Effective as of the Effective Date, the Company shall continue to employ Executive and Executive shall remain in the employ of the Company, for the period and in the positions set forth in this Section 1, and subject to the other terms and conditions herein provided. (b) At-Will Employment. The Company and Executive acknowledge that Executive's employment is and shall continue to be at-will, as defined under applicable law, and that Executive's employment with the Company may be ter...minated by either Party at any time for any or no reason (subject to the notice requirements of Section 3(b)). This "at-will" nature of Executive's employment shall remain unchanged during Executive's tenure as an employee and may not be changed, except in an express writing signed by Executive and a duly authorized officer of the Company. If Executive's employment terminates for any reason, Executive shall not be entitled to any payments, benefits, damages, award or compensation other than as provided in this Agreement or otherwise agreed to in writing by the Company or as provided by applicable law. Employment Term. The term of employment under this Agreement (the "Term") shall commence be for the period beginning on the Effective Date (as defined in the Plan) (the "Effective Date") and end ending on the date this Agreement is terminated under second anniversary of the Effective Date, subject to earlier termination as provided in Section 3. (c) Positions The Term may renew for additional periods upon mutual written agreement of Executive and the Board of Directors of the Company or an authorized committee (in any case, the "Board") prior to the end of the then-applicable Term (the "Expiration Date"). In the event Executive or the Board do not elect to renew the Term pursuant to this Section 1(a), Executive's employment will terminate on the Expiration Date, subject to earlier termination as provided in Section 3; provided, that such termination on the Expiration Date shall not constitute or be deemed to constitute a termination without Cause (as described in Section 3(a)(iv)) or a resignation from the Company for Good Reason (as described in Section 3(a)(v)). Notwithstanding the foregoing, in the event of a Change in Control (as defined below), the Term shall automatically renew until the second anniversary of the effective date of such Change in Control, subject to earlier termination as provided in Section 3. (b) Position and Duties. During the Term, Executive shall serve as President and Chief Executive Officer of the Company with such responsibilities, duties and authority normally associated with such positions position and as may from time to time be assigned to Executive by the Board of Directors Board. Executive shall also serve as a member of the Company or an authorized committee of the Board (in either case, the "Board"). Board. Executive shall devote substantially all of Executive's working time and efforts to the business and affairs of the Company (which shall include service to its affiliates, if applicable) affiliates but for no additional compensation) and shall not engage in outside business activities (including serving on outside boards or committees) without the consent of the Board, provided Board; provided, that Executive shall be permitted to (i) manage Executive's personal, financial and legal affairs, (ii) participate in trade associations, and (iii) serve on the board of directors of not-for-profit or tax-exempt charitable organizations, and (iv) additional for-profit entities (subject to the prior consent of the Board not to be unreasonably withheld), in each case, subject to compliance with this Agreement and provided that such activities do not result in a conflict of interest or materially interfere with Executive's performance of Executive's duties and responsibilities hereunder. Executive agrees to observe and comply with the rules and policies of the Company and its affiliates as adopted by the Company or its affiliates from time to time, in each case as amended from time to time, as set forth in writing, and as delivered or made available to Executive (each, a "Policy"). (c) Principal Place of Employment. Executive's principal place of employment shall be in Fort Worth, Texas, although Executive understands and agrees that Executive will be required to travel from time to time for business reasons. View More
Found in Lonestar Resources US Inc. contract