Common use of Capacity and Performance Clause in Contracts

Capacity and Performance. (a) During the term hereof, the Employee shall serve as the President of Acquisition. In addition, and without further compensation, the Employee shall serve as a director and/or officer of Acquisition and/or one or more of Acquisition's Affiliates if so elected or appointed from time to time. (b) During the term hereof, the Employee shall be employed by Acquisition on a full-time basis, shall have all powers and duties consistent with her position, subject to the direction and control of Acquisition's Board of Directors (the "Board"), and shall perform such other duties and responsibilities on behalf of Acquisition and its Affiliates as may reasonably be designated from time to time by the Board or by its designees. (c) During the term hereof, the Employee shall devote her full business time and her best efforts, business judgment, skill and knowledge exclusively to the advancement of the business and interests of Acquisition and its Affiliates and to the discharge of her duties and responsibilities hereunder. The Employee shall not engage in any other business activity or serve in any industry, trade, professional, governmental or academic position during the term of this Agreement, except as may be expressly approved in advance by the Board in writing or to the extent that any such activity or service does not materially and adversely affect the discharge of her duties and responsibilities hereunder.

Capacity and Performance. (a) During the term hereof, the Employee Executive shall serve as the President Chief Executive Officer of Acquisitionthe Company and Holdings, reporting to the Boards of Directors of Holdings and the Company (the “Board”) and the Chairman thereof. At all times during the term hereof, the Executive shall be a member of the Executive Committee of the Board. In addition, and without further compensation, the Employee Executive shall serve as a director and/or officer of Acquisition and/or one or more of Acquisition's Affiliates the Company’s Affiliates, if so elected or appointed from time to time. (b) During the term hereof, the Employee Executive shall be employed by Acquisition the Company on a full-time basis, basis and shall have all powers and perform the duties consistent with her positionhis position for the Company, subject to the direction and control of Acquisition's Board of Directors (the "Board")for Holdings, and shall perform such other duties and responsibilities on behalf of Acquisition and its Affiliates as may reasonably be designated from time to time by the Board or by its designeesfor their Affiliates. (c) During the term hereof, the Employee Executive shall devote her full substantially all of his business time and her best efforts, business judgment, skill and knowledge exclusively to the advancement performance of his duties hereunder; provided, however, that the business and interests Executive may devote reasonable amounts of Acquisition and its Affiliates and time to the discharge serving (i) as a director or a member of her duties and responsibilities hereunder. The Employee shall not engage in any other business activity or serve in any industry, trade, professional, governmental governmental, religious, educational or charitable organization; (ii) in any academic position during the term of this Agreement, except position; (iii) in such activities and positions as set out on Exhibit A; or (iv) in such activities and positions as may be expressly approved in advance by the Board Board; so long as, in writing or to each case, the extent that any such activity or service does services do not materially and adversely affect interfere with the discharge performance of her duties and responsibilities the Executive’s services hereunder.

Capacity and Performance. (a) During the term hereof, the Employee Executive shall serve as the President and Chief Executive Officer of Acquisitionthe Company. In addition, and without further compensation, the Employee Executive shall serve as a director and/or officer of Acquisition and/or one or more of Acquisition's Affiliates if so the Company to the extent elected or appointed from time to time. (b) During the term hereof, the Employee Executive shall be employed by Acquisition the Company on a full-time basis, shall have all powers and duties consistent with her his position, subject to the direction and control of Acquisition's the Company’s Board of Directors (the "“Board")”) and its designees, and shall perform such other duties and responsibilities on behalf of Acquisition and its Affiliates the Company as may reasonably be designated from time to time by the Board or by and its designees. (c) During the term hereof, the Employee Executive shall devote her substantially all of his full business time and her his best efforts, business judgment, skill and knowledge exclusively to the advancement of the business and interests of Acquisition and its Affiliates the Company and to the discharge of her his duties and responsibilities hereunder. The Employee Executive shall comply with all written policies of the Company in effect from time to time. The Executive shall not engage in any other business activity or serve in any industry, trade, professional, governmental or academic position during the term of this Agreement, except as may be expressly approved in advance by the Board in writing or to the extent that any such activity or service does not materially and adversely affect the discharge performance of her his duties and responsibilities hereunder.

Capacity and Performance. (a) During the term hereof, the Employee Executive shall serve the Company as the President of Acquisitionits Chief Executive Officer. In addition, and without further compensation, during the Employee shall serve as a director and/or officer of Acquisition and/or one or more of Acquisition's Affiliates term hereof, if so elected or appointed from time to time, the Executive shall serve as a member of the Board of Directors of the Company (the “Board”) and, if so elected or appointed from time to time, also shall serve as a director and/or officer of one or more of the Company’s Affiliates. (b) During the term hereof, the Employee Executive shall be employed by Acquisition the Company on a full-time basis, shall have all powers and duties consistent with her position, subject to the direction and control of Acquisition's Board of Directors (the "Board"), basis and shall perform the duties of his position and such other duties and responsibilities on behalf of Acquisition the Company and its Affiliates Affiliates, reasonably consistent with his position, as may reasonably be designated from time to time by the Board or by its designeesdesignee. (c) During the term hereof, the Employee Executive shall devote her his full business time and her his best efforts, business judgment, skill and knowledge exclusively to the advancement of the business and interests of Acquisition the Company and its Affiliates and to the discharge of her his duties and responsibilities hereunder. The Employee Executive shall not engage in any other business activity or serve in any industry, trade, professional, governmental or academic position during the term of this Agreement, except as may be expressly approved in advance by the Board in writing or writing. Notwithstanding the foregoing, (i) Executive may serve as a consultant to Flarion Technologies, Inc. and any successor thereof for a period of up to 12 months from the extent that any Effective Date so long as such activity or service role does not materially interfere with his performance hereunder and adversely affect (ii) Executive may serve as a member of the discharge Board of her duties and responsibilities Directors of Enterasys Networks, Inc. so long as such role does not interfere with his performance hereunder.

Capacity and Performance. (a) During the term hereof, the Employee Executive shall serve as the President Chairman and Chief Executive Officer of Acquisitionthe Company and Holdings, reporting to the Boards of Directors of Holdings and the Company (the “Board”). At all times during the term hereof, the Executive shall be the Chairman of the Board and a member of the Executive Committee of the Board. In addition, and without further compensation, the Employee Executive shall serve as a director and/or officer of Acquisition and/or one or more of Acquisition's Affiliates the Company’s Affiliates, if so elected or appointed from time to timetime All executives of the Company shall report to the Executive. (b) During the term hereof, the Employee Executive shall be employed by Acquisition the Company on a full-time basis, basis and shall have all powers and perform the duties consistent with her position, subject to his position for the direction and control of Acquisition's Board of Directors (the "Board"), and shall perform such other duties and responsibilities on behalf of Acquisition Company and its Affiliates Affiliates, when and as may reasonably be designated from time to time requested by the Board or by its designeesBoard. (c) During the term hereof, the Employee Executive shall devote her full substantially all of his business time and her best efforts, business judgment, skill and knowledge exclusively to the advancement performance of his duties hereunder, provided, however, that the business and interests Executive may devote reasonable amounts of Acquisition and its Affiliates and time to the discharge serving as (i) as a director or a member of her duties and responsibilities hereunder. The Employee shall not engage in any other business activity or serve in any industry, trade, professional, governmental governmental, religious, educational or charitable organization; (ii) in any academic position during the term of this Agreement, except position; or (iii) in such activities and positions as may be expressly approved in advance by the Board of Directors of Holdings; so long as, in writing or to each case, the extent that any such activity or service does services do not materially and adversely affect interfere with the discharge performance of her duties and responsibilities Executive’s services hereunder.

Capacity and Performance. (a) During the term hereof, the Employee Executive shall serve the Company as the its President of Acquisitionand Chief Executive Officer. In addition, and without further compensation, during the Employee shall serve as a director and/or officer of Acquisition and/or one or more of Acquisition's Affiliates term hereof, if so elected or appointed from time to time, the Executive shall serve as a member of the Board of Directors of the Company (the “Board”) and, if so elected or appointed from time to time, also shall serve as a director and/or officer of one or more of the Company’s Affiliates. (b) During the term hereof, the Employee Executive shall be employed by Acquisition the Company on a full-time basis, shall have all powers and duties consistent with her position, subject to the direction and control of Acquisition's Board of Directors (the "Board"), basis and shall perform the duties of his position and such other duties and responsibilities on behalf of Acquisition the Company and its Affiliates Affiliates, reasonably consistent with his position, as may reasonably be designated from time to time by the Board or by its designeesdesignee. (c) During the term hereof, the Employee Executive shall devote her his full business time and her his best efforts, business judgment, skill and knowledge exclusively to the advancement of the business and interests of Acquisition the Company and its Affiliates and to the discharge of her his duties and responsibilities hereunder. The Employee Executive shall not engage in any other business activity or serve in any industry, trade, professional, governmental or academic position during the term of this Agreement, except as may be expressly approved in advance by the Board in writing or to writing. Notwithstanding the extent that any foregoing, Executive may serve as a member of the Board of Directors of Enterasys Networks, Inc. so long as such activity or service role does not materially and adversely affect the discharge of her duties and responsibilities interfere with his performance hereunder.

Capacity and Performance. (a) During the term hereof, the Employee shall serve as the President of Acquisition. In addition, and without further compensation, the Employee shall serve as a director and/or officer of Acquisition and/or one or more of Acquisition's Affiliates if so elected or appointed from time to time. (b) During the term hereof, the Employee shall be employed by Acquisition on a full-time basis, shall have all powers and duties consistent with her his position, subject to the direction and control of Acquisition's Board of Directors (the "Board"), and shall perform such other duties and responsibilities on behalf of Acquisition and its Affiliates as may reasonably be designated from time to time by the Board or by its designees. (c) During the term hereof, the Employee shall devote her his full business time and her his best efforts, business judgment, skill and knowledge exclusively to the advancement of the business and interests of Acquisition and its Affiliates and to the discharge of her his duties and responsibilities hereunder. The Employee shall not engage in any other business activity or serve in any industry, trade, professional, governmental or academic position during the term of this Agreement, except as may be expressly approved in advance by the Board in writing or to the extent that any such activity or service does not materially and adversely affect the discharge of her his duties and responsibilities hereunder.

Capacity and Performance. (a) During Subject to earlier termination as hereinafter provided, during the term hereofof this Agreement, the Employee Executive shall serve the Company as its President and Chief Executive Officer, reporting to the President Board of AcquisitionDirectors of the Company (the “Board”). In addition, and without further compensation, the Employee Executive shall serve as a member of the Board during the term hereof. In addition, during the term hereof, and without further compensation, the Executive shall serve as a director and/or officer of Acquisition and/or one or more of Acquisition's the Company’s Affiliates (as defined below) if so elected or appointed from time to time. (b) During the term hereof, the Employee Executive shall be employed by Acquisition the Company on a full-time basis, shall have all powers and duties consistent with her position, subject to the direction and control of Acquisition's Board of Directors (the "Board"), basis and shall perform such other duties and responsibilities on behalf of Acquisition the Company and its Affiliates consistent with the Executive’s position with the Company as may reasonably be designated from time to time by the Board or by its designees. In addition, all senior executives of the Company shall report to the Executive, unless the Executive chooses an alternate reporting relationship for any such senior executive. (c) During the term hereofof the Executive’s employment, the Employee Executive shall devote her the Executive’s full business time and her the Executive’s best efforts, business judgment, skill and knowledge exclusively to the advancement of the business and interests of Acquisition the Company and its Affiliates and to the discharge of her the Executive’s duties and responsibilities hereunder. The Employee Executive shall not engage in any other business activity or serve in any industry, trade, professional, governmental or academic position during the term of this Agreement, except as may be expressly approved in advance by the Board in writing or to the extent that any such activity or service does not materially and adversely affect the discharge of her duties and responsibilities hereunderwriting.