Term Contract Clauses (29,504)

Grouped Into 454 Collections of Similar Clauses From Business Contracts

This page contains Term clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Term. You may not exercise your option before the Date of Grant or after the expiration of the option's term. The term of your option expires, subject to the provisions of Section 5(h) of the Plan, upon the earliest of the following: (a) immediately upon the termination of your Continuous Service for Cause; (b) three months after the termination of your Continuous Service for any reason other than Cause, your Disability or your death (except as otherwise provided in Section 8(d) below); provided,... however, that if during any part of such three month period your option is not exercisable solely because of the condition set forth in the section above relating to 4. "Securities Law Compliance," your option will not expire until the earlier of the Expiration Date or until it has been exercisable for an aggregate period of three months after the termination of your Continuous Service; provided further, if during any part of such three (3) month period, the sale of any Common Stock received upon exercise of your option would violate the Company's insider trading policy, then your option will not expire until the earlier of the Expiration Date or until it has been exercisable for an aggregate period of three (3) months after the termination of your Continuous Service during which the sale of the Common Stock received upon exercise of your option would not be in violation of the Company's insider trading policy. Notwithstanding the foregoing, if (i) you are a Non-Exempt Employee, (ii) your Continuous Service terminates within six months after the Date of Grant, and (iii) you have vested in a portion of your option at the time of your termination of Continuous Service, your option will not expire until the earlier of (x) the later of (A) the date that is seven months after the Date of Grant, and (B) the date that is three months after the termination of your Continuous Service, and (y) the Expiration Date; (c) 12 months after the termination of your Continuous Service due to your Disability (except as otherwise provided in Section 8(d)) below; (d) 18 months after your death if you die either during your Continuous Service or within three months after your Continuous Service terminates for any reason other than Cause; (e) the Expiration Date indicated in your Grant Notice; or (f) the day before the 10th anniversary of the Date of Grant. If your option is an Incentive Stock Option, note that to obtain the federal income tax advantages associated with an Incentive Stock Option, the Code requires that at all times beginning on the Date of Grant and ending on the day three months before the date of your option's exercise, you must be an employee of the Company or an Affiliate, except in the event of your death or Disability. The Company has provided for extended exercisability of your option under certain circumstances for your benefit but cannot guarantee that your option will necessarily be treated as an Incentive Stock Option if you continue to provide services to the Company or an Affiliate as a Consultant or Director after your employment terminates or if you otherwise exercise your option more than three months after the date your employment with the Company or an Affiliate terminates. View More Arrow
Term. You may not exercise your option before the Date of Grant or after the expiration of the option's its term. The term of your option expires, subject to the provisions terms of Section 5(h) of the Plan, upon the earliest of the following: (a) immediately upon the termination of your Continuous Service for Cause; (b) three months after the termination of your Continuous Service for any reason other than Cause, your Disability or your death (except as otherwise provided in Section 8(d) below); 8(d)); provided, however, that if during any part of such three month period your option is not exercisable solely because of the condition set forth in the section above relating to 4. "Securities Law Compliance," your option will not expire until the earlier of the Expiration Date or until it has been exercisable for an aggregate period of three months after the termination of your Continuous Service; provided further, if during any part of such three (3) month period, the sale of any Common Stock received upon exercise of your option would violate the Company's insider trading policy, then your option will not expire until the earlier of the Expiration Date or until it has been exercisable for an aggregate period of three (3) months after the termination of your Continuous Service during which the sale of the Common Stock received upon exercise of your option would not be in violation of the Company's insider trading policy. Notwithstanding the foregoing, if (i) you are a Non-Exempt Employee, (ii) your Continuous Service terminates within six months after the Date of Grant, and (iii) you have vested in a portion of your option at the time of your the termination of your Continuous Service, your option will not expire until the earlier of (x) (A) the later of (A) (1) the date that is seven months after the Date of Grant, and (B) (2) the date that is three months after the termination of your Continuous Service, and (y) (B) the Expiration Date; Date set forth in your Grant Notice; (c) 12 twelve months after the termination of your Continuous Service due to your Disability (except as otherwise provided in Section 8(d)) below; 8(d)); (d) 18 eighteen months after your death if you die either (i) during your Continuous Service or Service, (ii) within three months after the termination of your Continuous Service terminates for any reason other than Cause; Cause or your Disability, or (iii) within twelve months after the termination of your Continuous Service for your Disability; (e) the Expiration Date indicated in your Grant Notice; or (f) the day before the 10th tenth anniversary of the Date of Grant. If your option is an Incentive Stock Option, note that to obtain the federal income tax advantages associated with an Incentive Stock Option, the Code requires that at all times beginning on the Date of Grant and ending on the day three months before the date of you exercise your option's exercise, option, you must be an employee of the Company or an Affiliate, except in the event of your death or your permanent and total Disability. The Company has provided for extended exercisability of your option under certain some circumstances for your benefit but cannot guarantee that your option will necessarily be treated as an Incentive Stock Option if you continue to provide services to the Company or an Affiliate as a Consultant or Director after your employment terminates or if you otherwise exercise your option more than three months after the date your employment with the Company or an Affiliate terminates. View More Arrow
Term. You may not exercise your option before the Date of Grant or after the expiration of the option's term. The term of your option expires, subject to the provisions of Section 5(h) of the Plan, expires upon the earliest of the following: (a) if your Continuous Service is terminated for Cause, then immediately upon the date on which the event giving rise to the termination of your Continuous Service for Cause; Cause first occurred; (b) three (3) months after the termination of your Continuous... Service for any reason other than Cause, your Disability or your death (except as otherwise provided in Section 8(d) below); provided, however, that if during any part of such three (3) month period your option is not exercisable solely because of the condition set forth in the section above relating to 4. "Securities Law Compliance," your option will not expire until the earlier of the Expiration Date or until it has been exercisable for an aggregate period of three months after the termination of your Continuous Service; provided further, if during any part of such three (3) month period, the sale of any Common Stock received upon exercise of your option would violate the Company's insider trading policy, then your option will not expire until the earlier of the Expiration Date or until it has been exercisable for an aggregate period of three (3) months after the termination of your Continuous Service during which the sale of the Common Stock received upon exercise of your option would not be in violation of the Company's insider trading policy. Notwithstanding the foregoing, if (i) you are a Non-Exempt Employee, (ii) your Continuous Service terminates within six months after the Date of Grant, and (iii) you have vested in a portion of your option at the time of your termination of Continuous Service, your option will not expire until the earlier of (x) the later of (A) the date that is seven months after the Date of Grant, and (B) the date that is three months after the termination of your Continuous Service, and (y) the Expiration Date; Service; (c) 12 twelve (12) months after the termination of your Continuous Service due to your Disability (except as otherwise provided in Section 8(d)) 6(d)) below; (d) 18 eighteen (18) months after your death if you die either during your Continuous Service or within three (3) months after your Continuous Service terminates for any reason other than Cause; (e) the Expiration Date indicated in your Grant Notice; or (f) the day before the 10th tenth (10th) anniversary of the Date of Grant. If and to the extent your option is an Incentive Stock Option, note that to obtain the federal income tax advantages associated with an Incentive Stock Option, the Code requires that at all times beginning on the Date of Grant and ending on the day three (3) months before the date of your option's exercise, you must be an employee of the Company or an Affiliate, except in the event of your death or Disability. The Company has provided for extended exercisability of your option under certain circumstances for your benefit but cannot guarantee that your option will necessarily be treated as an Incentive Stock Option if you continue to provide services to the Company or an Affiliate as a Consultant or Director after your employment terminates or if you otherwise exercise your option more than three (3) months after the date your employment with the Company or an Affiliate terminates. View More Arrow
Term. You may not exercise your option before the Date of Grant or after the expiration of the option's term. The term of your option expires, subject to the provisions of Section Sections 5(h) and 9(c) of the Plan, upon the earliest of the following: (a) immediately (a)immediately upon the termination of your Continuous Service for Cause; (b) three (b)thirty-six (36) months after the termination of your Continuous Service for any reason other than Cause, your Disability or your death (except as... otherwise provided in Section 8(d) 6(d) below); provided, however, that if during any part of such three thirty-six (36) month period your option is not exercisable solely because of the condition set forth in the section above relating to 4. "Securities Law Compliance," your option will not expire until the earlier of the Expiration Date or until it has been exercisable for an aggregate period of three thirty-six (36) months after the termination of your Continuous Service; provided further, if during any part of such three (3) month period, the sale of any Common Stock received upon exercise of your option would violate the Company's insider trading policy, then your option will not expire until the earlier of the Expiration Date or until it has been exercisable for an aggregate period of three (3) months after the termination of your Continuous Service during which the sale of the Common Stock received upon exercise of your option would not be in violation of the Company's insider trading policy. Notwithstanding the foregoing, if (i) you are a Non-Exempt Employee, (ii) your Continuous Service terminates within six months after the Date of Grant, and (iii) you have vested in a portion of your option at the time of your termination of Continuous Service, your option will not expire until the earlier of (x) the later of (A) the date that is seven months after the Date of Grant, and (B) the date that is three months after the termination of your Continuous Service, and (y) the Expiration Date; (c) 12 (c)thirty-six (36) months after the termination of your Continuous Service due to your Disability (except as otherwise provided in Section 8(d)) 6(d)) below; (d) 18 (d)thirty-six (36) months after your death if you die either during your Continuous Service or within three (3) months after your Continuous Service terminates for any reason other than Cause; (e) the (e)the Expiration Date indicated in your Grant Notice; or (f) the (f)the day before the 10th tenth (10th) anniversary of the Date of Grant. If your option is an Incentive Stock Option, note that to obtain the federal income tax advantages associated with an Incentive Stock Option, the Code requires that at all times beginning on the Date of Grant and ending on the day three months before the date of your option's exercise, you must be an employee of the Company or an Affiliate, except in the event of your death or Disability. The Company has provided for extended exercisability of your option under certain circumstances for your benefit but cannot guarantee that your option will necessarily be treated as an Incentive Stock Option if you continue to provide services to the Company or an Affiliate as a Consultant or Director after your employment terminates or if you otherwise exercise your option more than three months after the date your employment with the Company or an Affiliate terminates. View More Arrow
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Term. For value received, the Regen BioPharrna, Inc., a Nevada corporation (the "Company") hereby absolutely and unconditionally promises to pay to the order of ___________--("Lender") ON DEMAND AT ANY TIME AFTER February 28th, 2021 (the "Maturity Date"), the principal amount of Thirty Thousand Dollars ($30,000) and interest on the whole amount of said principal sum outstanding and remaining from time to time unpaid (the "Note"), commencing from the date hereof and continuing until payment in full of... this Note or conversion as hereinafter provided, at an annual rate equal to ten percent ( 10%) simple interest. Interest shall be payable quarterly upon demand or upon conversion pursuant to Section 2 hereunder. Interest shall be computed on the basis of the actual number of days elapsed divided by 365. Principal and interest shall be payable in lawful money of the United States of America, at the principal place of business of the Lender or at such other place as the Lender may have designated from time to time in writing to the Company. View More Arrow
Term. For value received, the Regen BioPharrna, BioPharma, Inc., a Nevada corporation (the "Company") hereby absolutely and unconditionally promises to pay to the order of ___________--("Lender") Caven Investments LLC (the "Lender") ON DEMAND AT ANY TIME AFTER February 28th, May 4, 2021 (the "Maturity Date"), the principal amount of Thirty Thousand Dollars ($30,000) eleven thousand five hundred dollars ($11,500.00) and interest on the whole amount of said principal sum outstanding and remaining from... time to time unpaid (the "Note"), ''Note"), commencing from the date hereof and continuing until payment in full of this Note or conversion as hereinafter provided, at an annual rate equal to ten percent ( 10%) (10%) simple interest. Interest shall be payable quarterly upon demand or upon conversion pursuant to Section 2 hereunder. Interest shall be computed on the basis of the actual number of days elapsed divided by 365. Principal and interest shall be payable in lawful money of the United States of America, at the principal place of business of the Lender or at such other place as the Lender may have designated from time to time in writing to the Company. View More Arrow
Term. For value received, the Regen BioPharrna, BioPharma, Inc., a Nevada corporation (the "Company") hereby absolutely and unconditionally promises to pay to the order of ___________--("Lender") ________ ON DEMAND AT ANY TIME THREE YEARS AFTER February 28th, 2021 (the "Maturity Date"), THE Issue Date, the principal amount of Thirty One Hundred Thousand Dollars ($30,000) ($100,000) and interest on the whole amount of said principal sum outstanding and remaining from time to time unpaid (the "Note"),... commencing from the date hereof and continuing until payment in full of this Note or conversion as hereinafter provided, at an annual rate equal to ten eight percent ( 10%) (8%) simple interest. Interest shall be payable quarterly upon demand or upon conversion pursuant to Section 2 hereunder. Interest shall be computed on the basis of the actual number of days elapsed divided by 365. Principal and interest shall be payable in lawful money of the United States of America, at the principal place of business of the Lender or at such other place as the Lender may have designated from time to time in writing to the Company. View More Arrow
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Term. The Executive's employment hereunder shall be effective as of the Effective Date and shall continue until the second anniversary thereof, unless terminated earlier pursuant to Section 5 of this Agreement; provided that, on such first anniversary of the Effective Date and each annual anniversary thereafter (such date and each annual anniversary thereof, a "Renewal Date"), the Agreement shall be deemed to be automatically extended, upon the same terms and conditions, for successive periods of one... year, unless either party provides written notice of its intention not to extend the term of the Agreement at least 90 days' prior to the applicable Renewal Date. The period during which the Executive is employed by the Company hereunder is hereinafter referred to as the "Employment Term." View More Arrow
Term. The Executive's employment hereunder shall be effective as of commence on the Effective Date and shall continue until the second third anniversary thereof, of the Effective Date, unless terminated earlier pursuant to Section 5 4 of this Agreement; Agreement (the "Initial Term"); provided that, on such first third anniversary of the Effective Date and each annual anniversary thereof thereafter (such date and each annual anniversary thereof, thereof thereafter, a "Renewal Date"), the Agreement... shall be deemed to be automatically extended, upon the same terms and conditions, for successive periods of one year, unless either party provides written notice of its intention not to extend the term of the Agreement at least 90 days' prior to the expiration of the Initial Term or the applicable Renewal Date. Date, as the case may be. Each successive one-year renewal is referred to in this agreement as a "Renewal Term." The period during which the Executive is employed by the Company hereunder is Initial Term together with any Renewal Terms are hereinafter referred to collectively as the "Employment Term." View More Arrow
Term. The Executive's employment hereunder shall be effective as of the Effective Date date both Parties have executed this Agreement (the "Effective Date") and shall continue until the second fifth (5th) anniversary thereof, thereof (the "Initial Term"), unless terminated earlier pursuant to Section 5 the terms of this Agreement; provided that, on such first fifth (5th) anniversary of the Effective Date and each third (3rd) annual anniversary thereafter (such date and each annual anniversary... thereof, a "Renewal Date"), the Agreement shall be deemed to be automatically extended, upon the same terms and conditions, for successive periods of one year, three (3) years (each "Renewal Term"), unless either party provides written notice of its intention not to extend the term of the Agreement at least 90 days' days prior to the applicable Renewal Date. The period during which the Executive is employed by the Company hereunder Initial Term and each Renewal Term is hereinafter referred to as the "Employment Term." "Term." View More Arrow
Term. The Executive's employment hereunder shall be effective as of July 1, 2021 or such earlier date as shall be agreed to by the Effective Date Executive and the Company (the "Effective Date"), and shall continue until the second third (3rd) anniversary thereof, unless terminated earlier pursuant to Section 5 of this Agreement; provided that, on such first third (3rd) anniversary of the Effective Date and each annual anniversary thereafter (such date and each annual anniversary thereof, a "Renewal... Date"), the Agreement shall be deemed to be automatically extended, upon the same terms and conditions, extended for successive periods of one year, unless either party provides written notice of its intention not to extend the term of the Agreement at least 90 ninety (90) days' prior to the applicable Renewal Date. The period during which the Executive is employed by the Company hereunder is hereinafter referred to as the "Employment Term." "Term". View More Arrow
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Term. The term of this Agreement shall commence on the Effective Date and shall continue for a period of three (3) years following the Effective Date and shall be automatically renewed for successive one (1) year periods thereafter unless either party provides the other party with written notice of his or its intention not to renew this Agreement at least three (3) months prior to the expiration of the initial term or any renewal term of this Agreement. "Employment Period" shall mean the initial... three (3)-year term plus one (1)-year renewals, if any. View More Arrow
Term. The term of this Agreement shall commence on the Effective Date and shall continue for a period of three (3) two (2) years following the Effective Date (such initial two (2) year term, the "Initial Term") and shall be automatically renewed for successive one (1) year periods thereafter unless either party provides the other party with written notice of his or its intention not to renew this Agreement at least three (3) months prior to the expiration of the initial term or any renewal term of... this Agreement. "Employment Period" shall mean the initial three (3)-year two (2) year term plus one (1)-year renewals, if any. View More Arrow
Term. The term of this Agreement shall commence on the Effective Date and shall continue for a period of three (3) years one (1) year following the Effective Date and shall be automatically renewed for successive one (1) year periods thereafter unless either party provides the other party with written notice of his or its intention not to renew this Agreement at least three (3) months prior to the expiration of the initial term or any renewal term of this Agreement. "Employment Period" shall mean the... initial three (3)-year one (1) year term plus one (1)-year renewals, if any. View More Arrow
Term. The term of this Agreement shall commence on the Effective Date and shall continue for a period of three (3) years one (1) year following the Effective Date and shall be automatically renewed for successive one (1) year periods thereafter unless either party provides the other party with written notice of his or its intention not to renew this Agreement at least three (3) months prior to the expiration of the initial term or any renewal term of this Agreement. "Employment Period" shall mean the... initial three (3)-year one (1)-year term plus one (1)-year renewals, if any. View More Arrow
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Term. The maximum term of each stock option granted to a Non-Employee Director hereunder shall be ten (10) years from the date the option is granted. * * * * * EX-10.4 12 d816354dex104.htm EX-10.4 EX-10.4 Exhibit 10.4 SERES THERAPEUTICS, INC. NON-EMPLOYEE DIRECTOR COMPENSATION PROGRAM Non-employee members of the board of directors (the "Board") of Seres Therapeutics, Inc. (the "Company") shall receive cash and equity compensation as set forth in this Non-Employee Director Compensation Program (this... "Program"). The cash and equity compensation described in this Program shall be paid or be made, as applicable, automatically and without further action of the Board, to each member of the Board who is not an employee of the Company or any parent or subsidiary of the Company (each, a "Non-Employee Director") who is entitled to receive such cash or equity compensation, unless such Non-Employee Director declines the receipt of such cash or equity compensation by written notice to the Company. This Program shall remain in effect until it is revised or rescinded by further action of the Board. This Program may be amended, modified or terminated by the Board at any time in its sole discretion. The terms and conditions of this Program shall supersede any prior cash and/or equity compensation arrangements for service as a member of the Board between the Company and any of its Non-Employee Directors. No Non-Employee Director shall have any rights hereunder, except with respect to stock options granted pursuant to the Program. This Program shall become effective on the date of the effectiveness of the Company's Registration Statement on Form S-1 relating to the initial public offering of common stock (the "Effective Date"). I. CASH COMPENSATION A. Annual Retainers. Each Non-Employee Director shall receive an annual retainer of $35,000 for service on the Board. B. Additional Annual Retainers. In addition, each Non-Employee Director shall receive the following annual retainers: 1. Chairman of the Board or Lead Independent Director. A Non-Employee Director serving as Chairman of the Board or Lead Independent Director shall receive an additional annual retainer of $20,000 for such service. View More Arrow
Term. The maximum term of each stock option granted to a Non-Employee Director hereunder shall be ten (10) years from the date the option is granted. * * * * * EX-10.4 12 d816354dex104.htm EX-10.4 EX-10.4 Exhibit 10.4 SERES THERAPEUTICS, INC. NON-EMPLOYEE DIRECTOR COMPENSATION PROGRAM Non-employee members of the board of directors (the "Board") of Seres Therapeutics, Inc. (the "Company") shall receive cash and equity compensation as set forth in this Non-Employee Director Compensation Program (this... "Program"). The cash and equity compensation described in this Program shall be paid or be made, as applicable, automatically and without further action of the Board, to each member of the Board who is not an employee of the Company or any parent or subsidiary of the Company (each, a "Non-Employee Director") who is entitled to receive such cash or equity compensation, unless such Non-Employee Director declines the receipt of such cash or equity compensation by written notice to the Company. This Program shall remain in effect until it is revised or rescinded by further action of the Board. This Program may be amended, modified or terminated by the Board at any time in its sole discretion. The terms and conditions of this Program shall supersede any prior cash and/or equity compensation arrangements for service as a member of the Board between the Company and any of its Non-Employee Directors. No Non-Employee Director shall have any rights hereunder, except with respect to stock options granted pursuant to the Program. This Program shall will become effective on the date of the effectiveness of the Company's Registration Statement on Form S-1 relating to the initial public offering of common stock March 1, 2019 (the "Effective Date"). As of the Effective Date, the terms and conditions of this Program will supersede any prior cash and/or equity compensation arrangements for service as a member of the Board that are not legally binding contracts between the Company and any of its Non-Employee Directors. I. CASH COMPENSATION A. Annual Retainers. Each Non-Employee Director shall receive an annual retainer of $35,000 $40,000 for service on the Board. B. Additional Annual Retainers. In addition, each Non-Employee Director shall receive the following annual retainers: 1. Chairman of the Board or Lead Independent Director. Board. A Non-Employee Director serving as Chairman of the Board or Lead Independent Director shall receive an additional annual retainer of $20,000 $45,000 for such service. View More Arrow
Term. The maximum term of each stock option granted to a Non-Employee Director hereunder shall be ten (10) years from the date the option is granted. * * * * * EX-10.4 12 d816354dex104.htm EX-10.4 EX-10.4 EX-10.3 9 d72917dex103.htm EX-10.3 EX-10.3 Exhibit 10.4 SERES 10.3 FREQUENCY THERAPEUTICS, INC. NON-EMPLOYEE DIRECTOR COMPENSATION PROGRAM Non-employee members of the board of directors (the "Board") of Seres Frequency Therapeutics, Inc. (the "Company") shall receive cash and equity compensation as... set forth in this Non-Employee Director Compensation Program (this "Program"). The cash and equity compensation described in this Program shall be paid or be made, as applicable, automatically and without further action of the Board, to each member of the Board who is not an employee of the Company or any parent or subsidiary of the Company (each, a "Non-Employee Director") who is entitled to receive such cash or equity compensation, unless such Non-Employee Director declines the receipt of such cash or equity compensation by written notice to the Company. This Program shall remain in effect until it is revised or rescinded by further action of the Board. This Program may be amended, modified or terminated by the Board at any time in its sole discretion. The terms and conditions of this Program shall supersede any prior cash and/or equity compensation arrangements for service as a member of the Board between the Company and any of its Non-Employee Directors. No Non-Employee Director shall have any rights hereunder, except with respect to stock options granted pursuant to the Program. This Program shall become effective on the date of the effectiveness of the Company's Registration Statement on Form S-1 relating to the initial public offering of common stock (the "Effective Date"). I. CASH COMPENSATION Cash Compensation A. Annual Retainers. Each Non-Employee Director shall receive an annual retainer of $35,000 for service on the Board. B. Additional Annual Retainers. In addition, each Non-Employee Director shall receive the following annual retainers: 1. Chairman of the Board or Lead Independent Director. A Non-Employee Director serving as Chairman of the Board or Lead Independent Director shall receive an additional annual retainer of $20,000 $30,000 for such service. View More Arrow
Term. The maximum term of each stock share option granted to a Non-Employee Director hereunder shall be ten (10) years from the date the option is granted. * * * * * EX-10.4 12 d816354dex104.htm EX-10.4 EX-10.4 3 EX-10.1 2 knsa-20190930ex101435496.htm EX-10.1 knsa_Ex10_1 Exhibit 10.4 SERES THERAPEUTICS, INC. 10.1 KINIKSA PHARMACEUTICALS, LTD. NON-EMPLOYEE DIRECTOR COMPENSATION PROGRAM Non-employee members of the board of directors (the "Board") of Seres Therapeutics, Inc. Kiniksa Pharmaceuticals,... Ltd. (the "Company") shall receive cash and equity compensation as set forth in this Non-Employee Director Compensation Program (this (as amended effective as of October 1, 2019, this "Program"). The cash and equity compensation described in this Program shall be paid or be made, as applicable, automatically and without further action of the Board, to each member of the Board who is not an employee of the Company or any parent or subsidiary of the Company (each, a "Non-Employee Director") who is entitled to receive such cash or equity compensation, unless such Non-Employee Director declines the receipt of such cash or equity compensation by written notice to the Company. This Program shall remain in effect until it is revised or rescinded by further action of the Board. This Program may be amended, modified or terminated by the Board at any time in its sole discretion. The terms and conditions of this Program shall supersede any prior cash and/or equity compensation arrangements for service as a member of the Board between the Company and any of its Non-Employee Directors. No Non-Employee Director shall have any rights hereunder, except with respect to stock options granted pursuant to the Program. This Program shall become effective on the date of the effectiveness of the Company's Registration Statement on Form S-1 relating to the initial public offering of common stock (the "Effective Date"). hereunder. I. CASH COMPENSATION A. Annual Retainers. Each Non-Employee Director shall receive an annual retainer of $35,000 $40,000 for service on the Board. B. Additional Annual Retainers. In addition, each Non-Employee Director shall receive the following annual retainers: 1. Chairman of the Board or Lead Independent Director. A Non-Employee Director serving as Chairman of the Board or Lead Independent Director shall receive an additional annual retainer of $20,000 $30,000 for such service. View More Arrow
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Term. The term of employment under this Agreement shall be for a period beginning on August 8, 2018 (the "Effective Date"), and ending on the fifth anniversary thereof, unless sooner terminated as hereinafter set forth; provided that, on such fifth anniversary of the Effective Date and on each annual anniversary thereafter (such date and each annual anniversary thereof, a "Renewal Date"), the Agreement shall be deemed to be automatically extended upon the same terms and conditions (except for such... terms and conditions that expire prior to any extension period), for successive periods of one year, unless the Company or the Executive provides written notice of its intention not to extend the term of the Agreement at least 90 days prior to the applicable Renewal Date. The period during which the Executive is employed by the Company hereunder is hereinafter referred to as the "Employment Period." 1 3. Position and Duties. During the Employment Period, the Executive shall serve as the President and Chief Executive Officer of the Company. In such capacity, the Executive shall report directly to the Board of Directors of the Company (the "Board"). During the Employment Period, the Executive shall have the duties, responsibilities and authority as shall be consistent with the Executive's position and such other duties, responsibilities and authority as may be assigned to the Executive from time to time by the Board. For the avoidance of doubt, the Executive's duties hereunder may include, without limitation, performing work for, and participating in activities related to, Enfission, LLC ("Enfission"). During the Employment Period, the Executive shall devote substantially all of the Executive's business efforts to the performance of the Executive's duties hereunder and the advancement of the business and affairs of the Company and Enfission, provided that in no event shall this sentence prohibit the Executive from creating and managing his personal and family investments or participating in activities involving professional, charitable, educational or religious organizations, so long as such personal or family investments and other activities (i) do not interfere with the Executive's duties hereunder or violate any of the provisions of Section 8 herein, and (ii) comply with the Company's Code of Business Conduct and Ethics and other policies of the Company as in effect from time to time. The Executive may serve on the board of directors of other publicly-traded companies with the prior written approval of the Board, provided that the Executive agrees to resign such service in the event the Board reasonably determines that such service interferes with the Executive's duties hereunder. During the Employment Period, the Company shall cause the Executive to be nominated for election to the Board at each meeting of the shareholders of the Company where the election of the members of the Board is included in the purposes of such meeting, unless the Executive has otherwise notified the Company that the Executive does not intend to stand for re-election to the Board. The Executive shall not receive any additional compensation for services as a member of the Board. The Executive shall, if requested by the Board, also serve as an officer or director of any affiliate of the Company for no additional compensation. View More Arrow
Term. The term Executive's employment shall continue until terminated pursuant to Section 5 of employment under this Agreement shall be for a period beginning on August 8, 2018 (the "Effective Date"), and ending on the fifth anniversary thereof, unless sooner terminated as hereinafter set forth; provided that, on such fifth anniversary of the Effective Date and on each annual anniversary thereafter (such date and each annual anniversary thereof, a "Renewal Date"), the Agreement shall be deemed to be... automatically extended upon the same terms and conditions (except for such terms and conditions that expire prior to any extension period), for successive periods of one year, unless the Company or the Executive provides written notice of its intention not to extend the term of the Agreement at least 90 days prior to the applicable Renewal Date. Agreement. The period during which the Executive is employed by the Company hereunder is hereinafter referred to as the "Employment Period." 1 3. Term." 2. Position and Duties. 2.1 Position. During the Employment Period, Term, the Executive shall continue to serve as the President and Chief Executive Officer of the Company. In such capacity, the Executive shall report directly Company, reporting to the Board of Directors of the Company (the "Board"). During the Employment Period, In such position, the Executive shall have the such duties, responsibilities authority and authority responsibility as shall be consistent with the Executive's position and such other duties, responsibilities and authority as may be assigned to the Executive determined from time to time by the Board. For the avoidance of doubt, the Executive's duties hereunder may include, without limitation, performing work for, Board, which duties, authority and participating in activities related to, Enfission, LLC ("Enfission"). During the Employment Period, the Executive shall devote substantially all of the Executive's business efforts to the performance of the Executive's duties hereunder and the advancement of the business and affairs of the Company and Enfission, provided that in no event shall this sentence prohibit the Executive from creating and managing his personal and family investments or participating in activities involving professional, charitable, educational or religious organizations, so long as such personal or family investments and other activities (i) do not interfere responsibility are consistent with the Executive's duties hereunder or violate any of the provisions of Section 8 herein, and (ii) comply with the Company's Code of Business Conduct and Ethics and other policies of the Company as in effect from time to time. position. The Executive may shall also continue to serve on the board Board through the remainder of directors of other publicly-traded companies with the prior written approval his existing director term; provided, however, that following an initial public offering of the Board, provided that Company's shares, during the Executive Employment Term, the Company agrees to resign such service in the event the Board reasonably determines that such service interferes with the Executive's duties hereunder. During the Employment Period, the Company shall cause the Executive propose to be nominated for election to the Board at each meeting of the shareholders of the Company where at each applicable annual meeting the Executive's election of the members of the Board is included in the purposes of such meeting, unless the Executive has otherwise notified the Company that the Executive does not intend to stand for re-election to the Board. The Executive shall not receive any additional compensation for services as a member of the Board. Board for so long as the Executive remains President and Chief Executive Officer of the Company. The Executive shall, if requested by will resign from the Board, also serve Board effectively immediately upon termination of his employment for any reason. The Company may appoint the Executive as an officer or director of any affiliate of the Company Company, and the Executive will undertake any such roles for no additional compensation. 2.2 Duties. During the Employment Term, the Executive shall devote all of his business time and attention to the performance of the Executive's duties hereunder, and will not engage in any other business, profession or occupation, for compensation or otherwise, which would conflict or interfere with the performance of such services either directly or indirectly without the prior written consent of the Board. Notwithstanding the foregoing, the Executive will be permitted to (a) with the prior written consent of the Board (which consent can be withheld by the Board in its discretion), act or serve as a director, trustee, committee member or principal of any type of business, civic or charitable organization, and (b) purchase or own less than two percent (2%) of the publicly traded securities of any corporation; provided that, such ownership represents a passive investment and that the Executive is not a controlling person of, or a member of a group that controls, such corporation; provided further that, the activities described in clauses (a) and (b) do not unreasonably interfere with the performance of the Executive's duties and responsibilities to the Company as provided hereunder, including, but not limited to, the obligations set forth in Section 7 hereof. 1 Execution Version 3. Place of Performance. The principal place of Executive's employment shall be the Company's principal executive office; provided, however, the Executive may be required to travel on Company business during the Employment Term. View More Arrow
Term. The term of Executive's employment under this Agreement hereunder shall be for a period beginning on effective as of as of August 8, 29, 2018 (the "Effective Date"), Date") and ending on shall continue until the fifth first anniversary thereof, unless sooner terminated as hereinafter set forth; earlier pursuant to Section 5 of this Agreement; provided that, on such fifth first anniversary of the Effective Date and on each annual anniversary thereafter (such date and each annual anniversary... thereof, a "Renewal Date"), the Agreement shall be deemed to be automatically extended extended, upon the same terms and conditions (except for such terms and conditions that expire prior to any extension period), conditions, for successive periods of one year, unless the Company or the Executive either party provides written notice of its intention not to extend the term of the Agreement at least 90 days 60 days' prior to the applicable Renewal Date. The period during which the Executive is employed by the Company hereunder is hereinafter referred to as the "Employment Period." 1 3. Term." 2. Position and Duties. 2.1 Position. During the Employment Period, Term, the Executive shall serve as Chief Medical Officer, reporting directly to the President and Chief Executive Officer of the Company. In such capacity, the Executive shall report directly to Company (the "CEO") and the Board of Directors of the Company (the "Board"). During For purposes of this Agreement, it is expressly recognized that the Employment Period, Board may delegate its authority in a particular matter to one or more committees of the Board, including but not limited to the Compensation Committee, as provided by the governing documents of the Company. In such position, the Executive shall have the such duties, responsibilities authority and authority responsibility as shall be are consistent with the Executive's position and such other duties, responsibilities and authority as may be assigned to the Executive from time to time by the Board. For the avoidance of doubt, the Executive's duties hereunder may include, without limitation, performing work for, and participating in activities related to, Enfission, LLC ("Enfission"). position. 2.2 Duties. During the Employment Period, Term, the Executive shall devote substantially all of the Executive's his business efforts time and attention to the performance of the Executive's duties hereunder and will not engage in any other business, profession, occupation, duties, or activities, for compensation or otherwise, which would conflict or interfere with the advancement performance of such services to the Company, either directly or indirectly, without the prior written consent of the CEO. Notwithstanding the foregoing, the Executive will be permitted to (a) act or serve as a director, trustee, or committee member of a civic or charitable organization (but not of any business and affairs or any other type of organization, without prior written consent of the Company CEO), and Enfission, (b) purchase or own less than three percent (3%) of the publicly traded securities of any corporation; provided that in no event shall this sentence prohibit such ownership represents a passive investment and that the Executive from creating is not a controlling person of, or a member of a group that controls, such corporation; provided further that the activities described in clauses (a) and managing his personal and family investments or participating in activities involving professional, charitable, educational or religious organizations, so long as such personal or family investments and other activities (i) (b) do not interfere in any material way with the performance of the Executive's duties hereunder or violate any of the provisions of Section 8 herein, and (ii) comply with the Company's Code of Business Conduct and Ethics and other policies of responsibilities to the Company as provided hereunder, including, but not limited to, the obligations set forth in effect from time to time. The Executive may serve on the board of directors of other publicly-traded companies with the prior written approval of the Board, provided that the Executive agrees to resign such service in the event the Board reasonably determines that such service interferes with the Executive's duties hereunder. During the Employment Period, the Company shall cause the Executive to be nominated for election to the Board at each meeting of the shareholders of the Company where the election of the members of the Board is included in the purposes of such meeting, unless the Executive has otherwise notified the Company that the Executive does not intend to stand for re-election to the Board. The Executive shall not receive any additional compensation for services as a member of the Board. The Executive shall, if requested by the Board, also serve as an officer or director of any affiliate of the Company for no additional compensation. Section 2 hereof. View More Arrow
Term. The term of employment under this This Agreement shall be for a period beginning on August 8, 2018 (the "Effective Date"), and ending effective commencing on the fifth Effective Date and Executive's employment shall continue hereunder until the second anniversary thereof, of the Effective Date, unless sooner terminated as hereinafter set forth; provided earlier pursuant to Section 5 of this Agreement; provided, that, on such fifth second anniversary of the Effective Date and on each annual... anniversary of the Effective Date thereafter (such second anniversary date and each annual anniversary thereof, thereafter, being a "Renewal Date"), the this Agreement shall be deemed to be automatically extended extended, upon the same terms and conditions (except for such terms and conditions that expire prior to any extension period), conditions, for successive periods of one year, (1) year each, unless the Company or the Executive either party provides written notice to the other party of its intention not to extend the term of the this Agreement at least 90 days prior to the applicable Renewal Date. The period during which the Executive is employed by the Company hereunder is hereinafter referred to as the "Employment Period." 1 3. Term." 2. Position and Duties. 2.1 Position. During the Employment Period, the Term, Executive shall serve as the Executive Vice President – Commercial Operations. Executive shall have such duties, authority and responsibility as shall be determined from time to time by the Board, which duties, authority and responsibility shall be customary for persons occupying such positions in companies of like size and type. Executive shall report directly to the Chief Executive Officer of the Company. In such capacity, the Executive shall report directly to the Board of Directors of the Company (the "Board"). During the Employment Period, the Executive shall have the duties, responsibilities and authority as shall be consistent with the Executive's position and such other duties, responsibilities and authority as may be assigned to the Executive from time to time by the Board. For the avoidance of doubt, the Executive's duties hereunder may include, without limitation, performing work for, and participating in activities related to, Enfission, LLC ("Enfission"). During the Employment Period, the Executive shall devote substantially all of the Executive's business efforts to the performance of the Executive's duties hereunder and the advancement of the business and affairs of the Company and Enfission, provided that in no event shall this sentence prohibit the Executive from creating and managing his personal and family investments or participating in activities involving professional, charitable, educational or religious organizations, so long as such personal or family investments and other activities (i) do not interfere with the Executive's duties hereunder or violate any of the provisions of Section 8 herein, and (ii) comply with the Company's Code of Business Conduct and Ethics and other policies of the Company as in effect from time to time. The Executive may serve on the board of directors of other publicly-traded companies with the prior written approval of the Board, provided that the Executive agrees to resign such service in the event the Board reasonably determines that such service interferes with the Executive's duties hereunder. During the Employment Period, the Company shall cause the Executive to be nominated for election to the Board at each meeting of the shareholders of the Company where the election of the members of the Board is included in the purposes of such meeting, unless the Executive has otherwise notified the Company that the Executive does not intend to stand for re-election to the Board. The Executive shall not receive any additional compensation for services as a member of the Board. The Executive shall, if requested by the Board, requested, also serve as an officer or director of any affiliate of the Company for no additional compensation. 2.2 Duties. Executive shall devote substantially all of Executive's business time and attention to the performance of Executive's duties hereunder and will not engage in any other business, profession or occupation for compensation or otherwise which would conflict or materially interfere with the performance of such services either directly or indirectly without the prior written consent of the Chief Executive Officer. Notwithstanding the foregoing, Executive will be permitted to (a) with the prior written consent of the Board of Directors (the "Board") (not to be unreasonably withheld) act or serve as a director, trustee, committee member or principal of any type of business, civic or charitable organization as long as such activities are disclosed in writing to the Board in accordance with Company's conflict of interest policy, and (b) purchase or own less than two percent (2%) of the publicly traded securities of any entity; provided, that such ownership represents a passive investment and that Executive is not a controlling person of, or a member of a group that controls, such entity; and provided further, that the activities described in clauses (a) and (b) of this Section 2.2, in each case and in the aggregate, do not materially interfere with the performance of Executive's material duties and responsibilities to Company as provided hereunder, including, but not limited to, the obligations set forth in this Section 2. Executive has no such business, civic and charitable organizations for which he serves as a director, trustee, committee member or principal as of the date of this Agreement. View More Arrow
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Term. This Agreement is effective upon your acceptance and signature below. Your term as director shall continue subject to the provisions in Section 9 below or until your successor is duly elected and qualified. The position shall be up for re-election each year at the annual shareholder's meeting and upon re-election, the terms and provisions of this Agreement shall remain in full force and effect.
Term. This Agreement is effective upon your acceptance and signature below. as of the date of this Agreement. Your term as director shall continue subject to the provisions in Section 9 below or until your successor is duly elected and qualified. qualified or your earlier resignation. The position shall be up for re-election each year at the annual shareholder's stockholder's meeting and upon re-election, the terms and provisions of this Agreement shall remain in full force and effect.
Term. This Agreement is effective upon your acceptance and signature below. Your term as a director shall continue subject commence on July 1, 2019. Subject to the provisions in Section 9 below or 8 below, your term shall continue until your successor is duly elected and qualified. The position shall be up for re-election each year at the [●] annual shareholder's meeting of the Company and upon re-election, the terms and provisions of this Agreement shall remain in full force and effect.
Term. This Agreement is effective upon your acceptance and signature below. Your term as director shall continue subject Subject to the provisions in Section 9 below or 8 below, your term shall continue until your successor is duly elected and qualified. The position shall be up for re-election each year at the annual shareholder's meeting meeting, and upon re-election, the terms and provisions of this Agreement shall remain in full force and effect.
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Term. Subject to earlier termination pursuant to Section 5 of this Agreement, this Agreement and the employment relationship hereunder shall continue from the Effective Date until January 30, 2018 (the "Term Date"). As used in this Agreement, the "Term" shall refer to the period beginning on the Effective Date and ending on the date the Executive's employment terminates in accordance with this Section 2 or Section 5. In the event that the Executive's employment with the Company terminates, the... Company's obligation to continue to pay all base salary, as adjusted, bonus and other benefits then accrued shall terminate except as may be provided for in Section 5 of this Agreement. View More Arrow
Term. Subject to earlier termination pursuant to Section 5 of this Agreement, this Agreement and the employment relationship hereunder shall commence on the Start Date and continue from until the Effective third anniversary of the Start Date until January 30, 2018 (the "Term Date"). "Initial Term"); provided that, the term automatically will be extended for successive one-year periods unless either party gives written notice of non-renewal no later than one-hundred twenty (120) days prior to the... expiration of the then-remaining Term. As used in this Agreement, the "Term" shall refer to the period beginning on the Effective Start Date and ending on the date the Executive's employment hereunder terminates in accordance with this Section 2 or Section 5. In the event that the Executive's employment with the Company terminates, terminates (such date, the "Termination Date"), the Company's obligation to continue to pay all base salary, as adjusted, bonus and other benefits then accrued shall terminate except as may be provided for in Section 5 of this Agreement. View More Arrow
Term. Subject to earlier termination pursuant to Section 5 of this Agreement, this Agreement and the employment relationship hereunder shall continue from until August 6, 2021 (the "Initial Term") and shall automatically renew for one-year intervals thereafter (each, an "Extended Term") unless either Party shall have given written notice to the Effective Date until January 30, 2018 (the "Term Date"). other at least 90 days prior to the end of the Initial Term or an Extended Term, as applicable, that... it does not wish to extend the Term. As used in this Agreement, the "Term" shall refer to the period beginning on the Effective Date and ending on the date the Executive's employment terminates in accordance with this Section 2 or Section 5 (the date the Executive's employment terminates, the "Termination Date"). In the event that the Executive's employment with the Company terminates, the Company's obligation to continue to pay all base salary, as adjusted, bonus pay, after the Termination Date, Base Salary (as defined below), Bonus (as defined below) and other unaccrued benefits then accrued shall terminate except as may be provided for in Section 5 of this Agreement. below. View More Arrow
Term. Subject to earlier termination pursuant to Section 5 of this Agreement, this Agreement and the employment relationship hereunder shall continue from the Effective Date until January 30, 2018 (the "Term Date"). the third (3rd) anniversary of the Effective Date, and shall automatically renew for successive one (1) year intervals thereafter unless either Party shall have given at least sixty (60) days advance written notice prior to the expiration of the Term to the other that it does not wish to... extend the Term. As used in this Agreement, the "Term" shall refer to the period beginning on the Effective Date and ending on the date the Executive's employment this Agreement terminates in accordance with this Section 2 or Section 5. In the event that the Executive's employment with the Company terminates, the Company's obligation to continue to pay all base salary, as adjusted, bonus and other benefits then accrued shall terminate except as may be provided for in Section 5 of this Agreement. View More Arrow
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Term. 3.1 Term. The Commencement Date, Expiration Date and Original Term of this Lease are as specified in Paragraph 1.3. 3.2 Early Possession. Any provision herein granting Lessee Early Possession of the Premises is subject to and conditioned upon the Premises being available for such possession prior to the Commencement Date. Any grant of Early Possession only conveys a non -exclusive right to occupy the Premises. If Lessee totally or partially occupies the Premises prior to the Commencement Date,... the obligation to pay Base Rent shall be abated for the period of such Early Possession. All other terms of this Lease (including but not limited to the obligations to pay Lessee's Share of Common Area Operating Expenses, Real Property Taxes and insurance premiums and to maintain the Premises) shall be in effect during such period. Any such Early Possession shall not affect the Expiration Date. 3.3 Delay In Possession. Lessor agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession by such date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or change the Expiration Date. Lessee shall not, however, be obligated to pay Rent or perform its other obligations until Lessor delivers possession of the Premises and any period of rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Lessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Lessee. If possession is not delivered within 60 days after the Commencement Date, as the same may be extended under the terms of any Work Letter executed by Parties, Lessee may, at its option, by notice in writing within 10 days after the end of such 60 day period, cancel this Lease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Lessor within said 10 day period, Lessee's right to cancel shall terminate. If possession of the Premises is not delivered within 120 days after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing. 3.4 Lessee Compliance. Lessor shall not be required to tender possession of the Premises to Lessee until Lessee complies with its obligation to provide evidence of insurance (Paragraph 8.5). Pending delivery of such evidence, Lessee shall be required to perform all of its obligations under this Lease from and after the Start Date, including the payment of Rent, notwithstanding Lessor's election to withhold possession pending receipt of such evidence of insurance. Further, if Lessee is required to perform any other conditions prior to or concurrent with the Start Date, the Start Date shall occur but Lessor may elect to withhold possession until such conditions are satisfied. View More Arrow
Term. 3.1 Term. The Commencement Date, Expiration Date and Original Term of this Lease are as specified in Paragraph 1.3. 3.2 Early Possession. Any provision herein granting Lessee Early Possession of the Premises is subject to and conditioned upon the Premises being available for such possession prior to the Commencement Date. Any grant of Early Possession only conveys a non -exclusive right to occupy the Premises. If Lessee totally or partially occupies the Premises prior to the Commencement Date,... the obligation to pay Base Rent shall be abated for the period of such Early Possession. All other terms of this Lease (including but not limited to the obligations to pay Lessee's Share of Common Area Operating Expenses, Real Property Taxes and insurance premiums and to maintain the Premises) shall be in effect during such period. Any such Early Possession shall not affect the Expiration Date. 3.3 Delay In in Possession. Lessor agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Target Commencement Date. If, despite said efforts, Lessor is unable to deliver possession by such date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or change the Expiration Date. Lessee shall not, however, be obligated to pay Rent or perform its other obligations until Lessor delivers possession of the Premises and any period of rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Lessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Lessee. If possession is not delivered within 60 days after the Target Commencement Date, as the same may be extended under the terms of any Work Letter executed by be Parties, Lessee may, at its option, by notice in writing within 10 days after the end of such 60 day period, cancel this Lease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Lessor within said 10 day period, Lessee's right to cancel shall terminate. If possession of the Premises is not delivered within 120 days after the Target Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing. 3.4 Lessee Compliance. Lessor shall not be required to tender deliver possession of the Premises to Lessee until Lessee complies compiles with its obligation to provide evidence of insurance (Paragraph 8.5). Pending delivery of such evidence, Lessee shall be required to perform all of its obligations under this Lease from and after the Start Date, including the payment of Rent, notwithstanding Lessor's election to withhold possession pending receipt of such evidence of insurance. Further, if Lessee is required to perform any other conditions prior to or concurrent with the Start Date, the Start Date shall occur but Lessor may elect to withhold possession until such conditions are satisfied. View More Arrow
Term. 3.1 Term. The Commencement Date, Expiration Date and Original Term of this Lease are as specified in Paragraph 1.3. 3.2 Early Possession. Any provision herein granting Lessee Early Possession of the Premises is subject to and conditioned upon the Premises being available for such possession prior to the Commencement Date. Any grant of Early Possession only conveys a non -exclusive right to occupy the Premises. If Lessee totally or partially occupies the Premises prior to the Commencement Date,... the obligation to pay Base Rent shall be abated for the period of such Early Possession. All other terms of this Lease (including but not limited to the obligations to pay Lessee's Share of Common Area Operating Expenses, Real Property Taxes and insurance premiums and to maintain the Premises) shall be in effect during such period. Any such Early Possession shall not affect the Expiration Date. Intentionally Omitted. 3.3 Delay In Possession. Lessor agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession by such date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or change the Expiration Date. Lessee shall not, however, be obligated to pay Rent or perform its other obligations until Lessor delivers possession of the Premises and any period of rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Lessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Lessee. If possession is not delivered within 60 days after the Commencement Date, as the same may be extended under the terms of any Work Letter executed by the Parties, Lessee may, at its option, by notice in writing within 10 days after the end of such 60 day period, cancel this Lease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Lessor within said 10 day period, Lessee's right to cancel shall terminate. If possession of the Premises is not delivered within 120 days after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing. 3.4 Lessee Compliance. Lessor shall not be required to tender deliver possession of the Premises to Lessee until Lessee complies with its obligation to provide evidence of insurance (Paragraph 8.5). 8.6). Pending delivery of such evidence, Lessee shall be required to perform all of its obligations under this Lease from and after the Start Date, including the payment of Rent, notwithstanding Lessor's election to withhold possession pending receipt of such evidence of insurance. Further, if Lessee is required to perform any other conditions prior to or concurrent with the Start Date, the Start Date shall occur but Lessor may elect to withhold possession until such conditions are satisfied. View More Arrow
Term. 3.1 3.1. Term. The Commencement Date, Expiration Date and Original Term of this Lease are as specified in Paragraph 1.3. 3.2 Early Possession. Any provision herein granting Lessee Early Possession of the Premises is subject to and conditioned upon the Premises being available for such possession prior to the Commencement Date. Any grant of Early Possession only conveys a non -exclusive right to occupy the Premises. If Lessee totally or partially occupies the Premises prior to the Commencement... Date, the obligation to pay Base Rent shall be abated for the period of such Early Possession. All other terms of this Lease (including but not limited to the obligations to pay Lessee's Share of Common Area Operating Expenses, Real Property Taxes and insurance premiums and to maintain the Premises) shall be 3.2. Delay in effect during such period. Any such Early Possession shall not affect the Expiration Date. 3.3 Delay In Possession. Lessor agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession by such date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or change the Expiration Date. Lessee shall not, however, not be obligated to pay Rent or perform its other obligations until Lessor delivers possession of the Premises and any period of rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Lessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Lessee. hereof. If possession is not delivered within 60 days after the Commencement Date, as the same may be extended under the terms of any Work Letter executed by Parties, Lessee may, at its option, by notice in writing within 10 days after the end of such 60 day period, cancel this Lease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Lessor within said 10 day 10-day period, Lessee's right to cancel shall terminate. If possession of the Premises is not delivered within 120 days after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing. 3.4 Lessee Compliance. Lessor shall not be required to tender possession of the Premises to Lessee until Lessee complies with its obligation to provide evidence of insurance (Paragraph 8.5). Pending delivery of such evidence, Lessee shall be required to perform all of its obligations under this Lease from and after the Start Date, including the payment of Rent, notwithstanding Lessor's election to withhold possession pending receipt of such evidence of insurance. Further, if Lessee is required to perform any other conditions prior to or concurrent with the Start Date, the Start Date shall occur but Lessor may elect to withhold possession until such conditions are satisfied. View More Arrow
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Term. This Agreement shall terminate with respect to each Holder on the earlier of: (i) the date that is three (3) years from the SEC Effective Date and (ii) the date on which all Registrable Securities held by such Holder have been transferred other than to a Permitted Assignee (the "Term"). Notwithstanding the foregoing, Section 3(b), Section 6, Section 8, Section 9 and Section 10 shall survive the termination of this Agreement.
Term. This Agreement shall terminate with respect to each Holder on the earlier of: (i) the date that is three (3) five (5) years from the SEC Effective Date and (ii) the date on which all Registrable Securities Shares held by such Holder have been transferred other than to a Permitted Assignee (the "Term"). Assignee. Notwithstanding the foregoing, Section 3(b), Section 6, Section 8, Section 9 and Section 10 11 shall survive the termination of this Agreement.
Term. This Agreement shall terminate with respect to each Holder on the earlier of: (i) the date that is three (3) two (2) years from the SEC Effective Date and (ii) the date on which all Registrable Securities held by such Holder have been transferred other than to a Permitted Assignee (the "Term"). Assignee. Notwithstanding the foregoing, Section 3(b), Section 5(d), Section 6, Section 8, Section 9 and Section 10 11 shall survive the termination of this Agreement.
Term. This Agreement shall terminate with respect to each Holder on the earlier of: (i) the date that is three (3) years from the SEC Effective Date and Date; (ii) the date on which all Registrable Securities held by such Holder have been transferred other than to a Permitted Assignee Assignee; or (iii) the date on which all Registrable Securities held by such Holder may be sold under Rule 144 without restriction (including, without limitation, volume restrictions) during any ninety (90) day period... (the "Term"). Notwithstanding the foregoing, Section 3(b), Section 6, Section 8, Section 9 and Section 10 shall survive the termination of this Agreement. View More Arrow
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