Employment Contract Clauses (4,827)

Employment. The Company shall employ the Executive, for the period set forth in this Section 2, in the position(s) set forth in Section 3 and upon the other terms and conditions herein provided. The term of employment under this Agreement (the "Term") shall be for the period beginning on the Effective Date and ending on October 1, 2019 unless earlier terminated as provided in Section 5.

Employment. The Company shall employ Executive, and Executive hereby accepts employment with the Company, upon the terms and conditions set forth in this Agreement. The initial term of employment under this Agreement (the "Initial Term") shall be for the period beginning on the Effective Date and ending on the third (3rd) anniversary thereof, unless earlier terminated as provided in Section 4. The employment term hereunder shall be automatically renewed for successive one-year periods (each an "Extension Te...rm" and together with the Initial Term, the "Employment Period"), unless either party hereto gives written notice of non-renewal to the other no later than ninety (90) days prior to the expiration of the Initial Term or any Extension Term, as applicable. View More

Employment. During the Employment Term: (a) Executive shall be employed as Chief Executive Officer of the Company. Executive shall report directly to the Board in his capacity as Chief Executive Officer of the Company. Executive shall perform the duties, undertake the responsibilities and exercise the authority customarily performed, undertaken and exercised by persons situated in similar executive capacities. (b) During the Employment Term the Company shall nominate and re-nominate Executive for election t...o the Board of Directors of the Company (the "Board") and Executive shall not receive separate or additional compensation for such service. On the initial election or appointment to the Board, Executive shall be appointed to serve as the Chairman of the Board and shall serve in such position at the pleasure of the Board. At, or any time after, the time of his termination of employment with the Company for any reason, Executive shall resign from the Board if 1 requested to do so by the Company. The preceding sentence shall survive any termination of the Employment Term. (c) Excluding periods of vacation and sick leave to which Executive is entitled and other service outside of the Company contemplated in this Section 2(c), Executive shall devote his full professional time and attention to the business and affairs of the Company to discharge the responsibilities of Executive hereunder. Prior to joining or agreeing to serve on corporate, civil or charitable boards or committees, Executive shall obtain approval of the Board. Executive may manage personal and family investments, participate in industry organizations and deliver lectures at educational institutions, so long as such activities do not interfere with the performance of Executive's responsibilities hereunder. (d) Executive shall be subject to and shall abide by each of the personnel policies applicable to senior executives, including but not limited to, any policy restricting pledging and hedging investments in Company equity by Company executives, any policy the Company adopts regarding the recovery of incentive compensation (sometimes referred to as "clawback") and any additional clawback provisions as required by law and applicable listing rules. This Section 2(d) shall survive the termination of the Employment Term. View More

Employment. As of the Effective Date, the Company hereby continues to employ the Executive and Executive hereby accepts employment as the President and Chief Executive Officer of the Company upon the terms and conditions of this Agreement. As of the Effective Date, the parties agree that the Prior Agreement shall terminate.

Employment. The Bank agrees to continue to employ Executive, and Executive agrees to continue to be employed as Executive Vice President & Chief Legal Officer of the Bank and Executive Vice President of Bancorp (as defined below), subject to the terms and provisions of this Agreement.

Employment. (a) Term. This Agreement is contingent upon the consummation of the Merger and shall commence on the Effective Date and shall continue until terminated pursuant to the terms of this Agreement (the "Term"). (b) Duties. During the Term, the Executive shall continue to be employed by Shift and shall be Shift and the Company's Co-Chief Executive Officer and shall serve the Company faithfully and to the best of the Executive's ability. The Executive shall devote the Executive's full business time, at...tention, skill and efforts to the performance of the duties required by or appropriate for the Executive's position with the Company. The Executive shall report to the Board of Directors of the Company (the "Board") and shall perform such duties commensurate with the Executive's office as contained in the bylaws of the Company or as the Executive shall reasonably be directed by the Board, including if requested, providing services to any parent, subsidiary or affiliate of the Company (collectively with the Company, the "Company Entities" and each a "Company Entity"). The Executive's primary work location shall be at the Company's headquarters (i.e., the primary work location of the senior management team, currently in San Francisco, California), subject to applicable work-from-home policies and mandates and any other reasonable accommodations as may be necessary or appropriate under the totality of the facts and circumstances as are not inconsistent with the Executive's ability to perform the essential functions of Executive's employment. In addition, should the Company transition to a materially different location for its headquarters, the Executive shall be permitted, but not required, to work remotely, provided that, (i) such remote work situation shall not materially interfere with the Executive's ability to perform the Executive's duties under this Agreement, and (ii) the Executive's working hours shall be substantially aligned with the working hours of the Shift workforce generally. The Executive shall engage in such reasonable business travel as may be required to perform the Executive's duties. References to Company throughout this Agreement shall refer to the Company Entities except where the context clearly indicates otherwise. (c) Best Efforts. Except for vacation, absences due to temporary illness and absences resulting from Disability (as defined below), the Executive shall devote the Executive's business time, attention and energies on a full-time basis to the performance of the duties and responsibilities referred to in subsection (b) above. The Executive shall not during the Term be engaged in any other business activity which, in the reasonable judgment of the Board, would conflict with the ability of the Executive to perform the Executive's duties under this Agreement, whether or not such activity is pursued for gain, profit or other pecuniary advantage. Nothing in this Section shall prevent Executive from engaging in additional activities in connection with personal investments and community affairs, including serving on corporate, civic, or charitable boards, or as a non-employee member of the boards of directors of up to two (2) publicly traded or privately held companies and may continue to serve on any board of which the Executive was a member as of the Effective Date; provided, however, that no such service or activities are materially inconsistent with Executive's duties under this Agreement. View More

Employment. The Company agrees to employ Executive and Executive agrees to provide services to the Company pursuant to this Agreement from January 1, 2021 ("Commencement of Employment") until the termination of Executive's employment hereunder pursuant to Section 5. The period from Commencement of Employment through the date of Executive's termination of employment shall be referred to as the "Employment Period."

Employment. 1.1 Title. The Executive is employed as the Chief Executive Officer and President of the Company and the Bank. In this capacity, the Executive shall have such duties and responsibilities as may be designated by the Board of Directors of the Company and the Bank in accordance with the objectives or policies of the Board of Directors of the Company and the Bank, from time to time, in connection with the business activities of the Company and the Bank. 1.2 Devotion to Bank Business. The Executive s...hall devote Executive's full business time, ability, and attention to the business of the Company and the Bank during the term of this Agreement and shall not during the term of this Agreement engage in any other business activities, duties, or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, without the prior written consent of the Board of Directors of the Company and the Bank. It shall not be a violation of this Agreement for the Executive to (i) serve on corporate, civic or charitable boards or committees, (ii) deliver lectures, fulfill speaking engagements or teach at educational institutions and (iii) manage personal investments, so long as such activities do not 1 significantly interfere with the performance of the Executive's responsibilities as an employee of the Company and the Bank in accordance with this Agreement. Nothing in this Agreement shall be interpreted to prohibit the Executive from making passive personal investments. However, the Executive shall not directly or indirectly acquire, hold, or retain any interest in any business competing with or similar in nature to the business of the Bank and the Company, except as permitted by Company policies or authorized by the Board of Directors of the Company and the Bank. 1.3 Standard. The Executive will set a high standard of professional conduct given the Executive's role with the Company and the Bank and the Executive's responsibility relative to the Company's and the Bank's presence and stature in the community. The Executive will, at all times, emulate this high professional standard of conduct in order to develop and enhance the Company's and the Bank's reputation and image. The Executive will comply with all applicable rules, policies and procedures of the Company and the Bank and any of its subsidiaries and all pertinent regulatory standards as may affect the Company and the Bank. 1.4 Location. The Executive shall provide services for the Company and the Bank at their principal executive offices located in San Jose, California. The Executive agrees that the Executive will be regularly present at the Company's principal executive offices and that the Executive may be required to travel from time to time in the course of performing the Executive's duties for the Company and the Bank. 1.5 No Breach of Contract. The Executive hereby represents to the Company and the Bank that: (i) the execution and delivery of this Agreement by the Executive and the performance by the Executive of the Executive's duties hereunder shall not constitute a breach of, or otherwise contravene, the terms of any other agreement or policy to which the Executive is a party or by which the Executive is otherwise bound; (ii) that the Executive has no information (including, without limitation, confidential information or trade secrets) of any other person or entity which the Executive is not legally and contractually free to disclose the Company and the Bank; and (iii) that except as disclosed (and provided copies) the Executive is not bound by any confidentiality, trade secret or similar agreement (other than this Agreement) with any other person or entity. View More

Employment. Company agrees to employ Executive as its Chief Operating Officer during the "Term" defined in Section 2 of this Agreement. Executive shall report to and be subject to the direction of the Chief Executive Officer of the Company. Executive shall have the powers and authority ordinarily given to the position described above as provided under the Bylaws of the Company. Executive will have such duties as normally apply to such position. Executive shall devote all of his working time, abilities and a...ttention to the business of the Company, and will fulfill all of the duties required of him as Chief Operating Officer. The services of Executive shall be rendered principally in Pennsylvania but Executive shall undertake such traveling on behalf of Company as may be reasonably required. View More

Employment. 1.1 Employment and Term. The Corporation hereby agrees to employ the Executive as its Vice President and Chief Financial Officer, in such capacity, agrees to provide services to the Corporation for the period which began on October 7, 2016 and shall end on November 1, 2017 (the "Termination Date ") (or such later date as may be agreed to by the parties within 120 days prior to the Termination Date) (the "Employment Period "). 1.2 Duties of Executive. The Executive shall serve as the Chief Financ...ial Officer of the Company and, unless otherwise specified by the Board each of the Company's subsidiaries. Subject to the preceding sentence, during the Employment Period, the Executive shall diligently perform all services as may be reasonably assigned to her by the Board, and shall exercise such power and authority as may from time to time be delegated to her by the Board. The Executive shall be required to report solely to, and shall be subject solely to the supervision and direction of the Board at duly called meetings thereof, and no other person or group shall be given authority to supervise or direct Executive in the performance of her duties. In addition, the Executive shall regularly consult with the Board with respect to the Company's business and affairs. The Executive shall devote such portion of her working time and attention as she deems appropriate to the business and affairs of the Company (excluding any vacation and sick leave to which the Executive is entitled), render such services to the best of her ability, and use her reasonable best efforts to promote the interests of the Company. It shall not be a violation of this Agreement for the Executive to (A) serve on corporate, civic or charitable boards or committees, (B) deliver lectures, fulfill speaking engagements or teach at educational institutions, and (C) manage personal investments, so long as such activities do not significantly interfere with the performance of the Executive's responsibilities as an employee of the Company in accordance with this Agreement. 1.3 Place of Performance. In connection with her employment by the Company, the Executive shall be based at the Company's principal executive offices in Las Vegas, Nevada. View More