Common use of Duties of the Executive Clause in Contracts

Duties of the Executive. The Executive shall serve as the Chairman and Chief Executive Officer of the Company, shall diligently perform all services as may be reasonably assigned to him by the Company’s Board of Directors (the “Board”), and shall exercise such power and authority as may from time to time be delegated to him by the Board. During his employment, the Executive shall devote his full business time, energy, and ability exclusively to the business and interests of the Company, and shall not, without the Company’s prior written consent, render to others services of any kind for compensation, or engage in any other business activity that would in any way materially interfere with the Executive’s performance of his duties under this Agreement. In his capacity as Chairman and Chief Executive Officer, the Executive shall do and perform all services, acts, or things necessary or advisable to manage and conduct the business of the Company, subject to the policies and procedures set by the Company. It shall not be a violation of this Agreement for the Executive, and the Executive shall be permitted, to (a) serve on corporate, civic, or charitable boards or committees; provided, however, that other than any such boards or committees that the Executive serves on as of the Effective Date, the Executive shall not serve on any such boards or committees without the prior approval of the Company, which approval shall not be unreasonably withheld; (b) deliver lectures, fulfill speaking engagements, or teach at educational institutions; and (c) manage personal investments, in each case as 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.

Duties of the Executive. The Executive shall serve as the Chairman and Chairman, Chief Executive Officer Officer, and President of the Company, shall diligently perform all services as may be reasonably assigned to him by the Company’s Board of Directors (the “Board”), and shall exercise such power and authority as may from time to time be delegated to him by the Board. During his employment, the Executive shall devote his full business time, energy, and ability exclusively to the business and interests of the Company, and shall not, without the Company’s prior written consent, render to others services of any kind for compensation, or engage in any other business activity that would in any way materially interfere with the Executive’s performance of his duties under this Agreement. In his capacity as Chairman and Chairman, Chief Executive Officer, and President, the Executive shall do and perform all services, acts, or things necessary or advisable to manage and conduct the business of the Company, subject to the policies and procedures set by the Company. It shall not be a violation of this Agreement for the Executive, and the Executive shall be permitted, to (a) serve on corporate, civic, or charitable boards or committees; provided, however, that other than any such boards or committees that the Executive serves on as of the Effective Date, the Executive shall not serve on any such boards or committees without the prior approval of the Company, which approval shall not be unreasonably withheld; (b) deliver lectures, fulfill speaking engagements, or teach at educational institutions; and (c) manage personal investments, in each case as 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.

Duties of the Executive. The Executive shall serve as the Chairman and Chief Executive Technology Officer of the Company, shall diligently perform all services as may be reasonably assigned to him by the Company’s Board of Directors (the “Board”) and the Company’s Chief Executive Officer (the “CEO”), and shall exercise such power and authority as may from time to time be delegated to him by the BoardBoard or the CEO. During his employment, the Executive shall devote his full business time, energy, and ability exclusively to the business and interests of the Company, and shall not, without the Company’s prior written consent, render to others services of any kind for compensation, or engage in any other business activity that would in any way materially interfere with the Executive’s performance of his duties under this Agreement. In his capacity as Chairman and Chief Executive Technology Officer, the Executive shall do and perform all services, acts, or things necessary or advisable to manage and conduct the business of the Company, subject to the policies and procedures set by the Company. It shall not be a violation of this Agreement for the Executive, and the Executive shall be permitted, to (a) serve on corporate, civic, or charitable boards or committees; provided, however, that other than any such boards or committees that the Executive serves served on as of January 11, 2010 (the Effective “Start Date”), and such other boards or committees approved by the Company since the Start Date, the Executive shall not serve on any such boards or committees without the prior approval of the Company, which approval shall not be unreasonably withheld; (b) deliver lectures, fulfill speaking engagements, or teach at educational institutions; and (c) manage personal investments, in each case as 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.

Duties of the Executive. The Executive shall serve as the Chairman and Chief Executive Officer President of the Company, shall diligently perform all services as may be reasonably assigned to him her by the Company’s Board of Directors (the “Board”) and the Company’s Chief Executive Officer (the “CEO”), and shall exercise such power and authority as may from time to time be delegated to him her by the BoardBoard or the CEO, provided that the Executive shall have responsibility for all operations of the Company other than legal, financial, governmental affairs, and corporate development matters. During his her employment, the Executive shall devote his her full business time, energy, and ability exclusively to the business and interests of the Company, and shall not, without the Company’s prior written consent, render to others services of any kind for compensation, or engage in any other business activity that would in any way materially interfere with the Executive’s performance of his her duties under this Agreement. In his her capacity as Chairman and Chief Executive OfficerPresident, the Executive shall do and perform all services, acts, or things necessary or advisable to manage and conduct the business of the Company, subject to the policies and procedures set by the Company. It shall not be a violation of this Agreement for the Executive, and the Executive shall be permitted, to (a) serve on corporate, civic, or charitable boards or committees; provided, however, that other than any such boards or committees that the Executive serves on as of the Effective Date, the Executive shall not serve on any such boards or committees without the prior approval of the Company, which approval shall not be unreasonably withheld; (b) continue to serve in an advisory capacity to TPG Capital (provided, that such advisory relationship shall not require the Executive to advise on transactions or other activities that are directly competitive to, or that could reasonably be expected to harm, the Company’s business); (c) deliver lectures, fulfill speaking engagements, or teach at educational institutions; and (cd) manage personal investments, in each case as 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.

Duties of the Executive. The Executive shall serve as the Chairman Chief Financial Officer (“CFO”) of the Company through the time that the Company publicly files Form 10-Q for its second fiscal quarter and then immediately thereafter (the “Transition Commencement Date”) shall move into a non-executive position reporting to the Chief Executive Officer (“CEO”) through the earlier of (i) December 31, 2016; or (ii) the Companyearlier termination of this Agreement in accordance with the terms hereof (the earlier of (i) and (ii) being the “Termination Date”). Throughout both roles, Executive shall diligently perform all services as may be reasonably assigned to him by the Company’s Board of Directors (the “Board”)) or the Company’s CEO, and shall exercise such power and authority as may from time to time be delegated to him by the BoardBoard or the CEO. During his employment, the Executive shall devote substantially all his full working time and attention to the above-mentioned business timeand affairs of the Company (excluding any vacation and sick leave to which the Executive is entitled), energyrender such services to the best of his ability, and ability exclusively use his reasonable best efforts to promote the business and interests of the Company, and shall not, without the Company’s prior written consent, render to others services of any kind for compensation, or engage in any other business activity that would in any way materially interfere with the Executive’s performance of his duties under this Agreement. In his capacity as Chairman and Chief Executive Officer, the Executive shall do and perform all services, acts, or things necessary or advisable to manage and conduct the business of the Company, subject to the policies and procedures set by the Company. It shall not be a violation of this Agreement for the Executive, and the Executive shall be permitted, to (a) serve on corporate, civic, or charitable boards or committees; provided, however, that other than any such boards or committees that the Executive serves on as of the Effective Date, the Executive shall not serve on any such boards or committees without the prior approval of the Company, which approval shall not be unreasonably withhelddecision the Company will make in good faith; (b) deliver lectures, fulfill speaking engagements, or teach at educational institutions; and (c) manage personal investments, in each case as 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.

Duties of the Executive. The Executive shall serve as the Chairman and Chief Executive Product Officer of the Company, shall diligently perform all services as may be reasonably assigned to him by the Company’s Board of Directors (the “Board”)) and the Company’s Chief Executive Officer (the “CEO”) or President, and shall exercise such power and authority as may from time to time be delegated to him by the BoardBoard or the CEO or President. During his employment, the Executive shall devote his full business time, energy, and ability exclusively to the business and interests of the Company, and shall not, without the Company’s prior written consent, render to others services of any kind for compensation, or engage in any other business activity that would in any way materially interfere with the Executive’s performance of his duties under this Agreement. In his capacity as Chairman and Chief Executive Product Officer, the Executive shall do and perform all services, acts, or things necessary or advisable to manage and conduct the business of the Company, subject to the policies and procedures set by the Company. It shall not be a violation of this Agreement for the Executive, and the Executive shall be permitted, to (a) serve on corporate, civic, or charitable boards or committees; provided, however, that other than any such boards or committees that the Executive serves on as of the Effective Date, the Executive shall not serve on any such boards or committees without the prior approval of the Company, which approval shall not be unreasonably withheld; (b) deliver lectures, fulfill speaking engagements, or teach at educational institutions; and (c) manage personal investments, in each case as 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.

Duties of the Executive. The Executive shall serve as the Chairman and Chief Executive Financial Officer of the Company, shall diligently perform all services as may be reasonably assigned to him by the Company’s Board of Directors (the “Board”) and the Company’s Chief Executive Officer (the “CEO”), and shall exercise such power and authority as may from time to time be delegated to him by the BoardBoard or the CEO. During his employment, the Executive shall devote his full business time, energy, and ability exclusively to the business and interests of the Company, shall be physically present at the Company’s offices in Tempe, Arizona during normal business hours each week (other than permitted vacations and on appropriate business travel for the benefit of the Company or upon the prior approval of the CEO), and shall not, without the Company’s prior written consent, render to others services of any kind for compensation, or engage in any other business activity that would in any way materially interfere with the Executive’s performance of his duties under this Agreement. In his capacity as Chairman and Chief Executive Financial Officer, the Executive shall do and perform all services, acts, or things necessary or advisable to manage and conduct the business of the Company, subject to the policies and procedures set by the Company. It shall not be a violation of this Agreement for the Executive, and the Executive shall be permitted, to (a) serve on corporate, civic, or charitable boards or committees; provided, however, that other than any such boards or committees that the Executive serves on as of the Effective Date, the Executive shall not serve on any such boards or committees without the prior approval of the Company, which approval shall not be unreasonably withheld; (b) deliver lectures, fulfill speaking engagements, or teach at educational institutions; and (c) manage personal investments, in each case as 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.

Duties of the Executive. The Executive shall serve as the Chairman and Chief Executive Administrative Officer of the Company(“CAO”), shall diligently perform all services as may be reasonably assigned to him by the Company’s Board of Directors (the “Board”), the Company’s Chairman, or the Company’s Chief Executive Officer (“CEO”), and shall exercise such power and authority as may from time to time be delegated to him by the Board, Chairman or CEO. During his employment, the Executive shall devote his full business time, energy, and ability exclusively to the business and interests of the Company, and shall not, without the Company’s prior written consent, render to others services of any kind for compensation, or engage in any other business activity that would in any way materially interfere with the Executive’s performance of his duties under this Agreement. In his capacity as Chairman and Chief Executive OfficerCAO, the Executive shall do and perform all services, acts, or things necessary or advisable to manage and conduct the business of the Company, subject to the policies and procedures set by the Company. It shall not be a violation of this Agreement for the Executive, and the Executive shall be permitted, to (a) serve on corporate, civic, or charitable boards or committees; provided, however, that other than any such boards or committees that the Executive serves on as of the Effective DateDate as specified on Exhibit A attached hereto, the Executive shall not serve on any such boards or committees without the prior approval of the Company, which approval determination shall not be unreasonably withheldmade in good faith after receiving input from the Executive; (b) deliver lectures, fulfill speaking engagements, or teach at educational institutions; and (c) manage personal investments, in each case as 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.

Duties of the Executive. The Executive shall serve as the Chairman President and Chief Executive Officer of the Company, and as such shall diligently perform have primary responsibility for the oversight, management and general operation of all services as may be reasonably assigned to him by of the operations of the Company’s . The Executive shall report solely to the Company's Board of Directors (the “"Board”)") and shall be assigned only those executive policy and management duties that are consistent with the Executive's position as President and Chief Executive Officer of the Company. The Executive shall devote substantially all of his working time and his best efforts, full attention and energies to the business of the Company, the responsibilities provided for the President and Chief Executive Officer in the Company's Bylaws, and shall exercise such power other related duties and authority responsibilities as may from time to time be delegated to him reasonably prescribed by the Board. During his employment; provided, the Executive shall devote his full business timehowever, energy, and ability exclusively to the business and interests of the Company, and shall not, without the Company’s prior written consent, render to others services of any kind for compensation, or engage in any other business activity that would in any way materially interfere with the Executive’s performance of his duties under this Agreement. In his capacity as Chairman and Chief Executive Officer, the Executive shall do and perform all services, acts, or things necessary or advisable to manage and conduct the business of the Company, subject to the policies and procedures set by the Company. It it shall not be a violation of this Agreement for the Executive, and the Executive shall be permitted, to (a) serve on corporate, civic, or devote reasonable periods of time to charitable boards or committees; provided, however, that and community activities (other than any such serving on boards of directors, trustees or committees that the Executive serves on as similar governing bodies of the Effective Datenot-for-profit entities ("Not-for-Profit Boards")) and, the Executive shall not serve on any such boards or committees without with the prior written approval of the CompanyBoard, which approval shall not be unreasonably withheld; devote reasonable periods of time to serving on Not-for-Profit Boards and engaging in industry or professional activities (including membership on the board of directors or governing body of other corporations or entities and participation on governmental panels and commissions), and/or (b) deliver lectures, fulfill speaking engagements, or teach at educational institutions; and (c) manage personal business interests and investments, in each case as so long as such activities do not significantly interfere with the performance of the Executive’s 's responsibilities as an employee of the Company in accordance with under this Agreement. The Company shall include the Executive in the management slate for election as a director at every stockholders' meeting during the Employment Term at which his term as a director would otherwise expire.

Duties of the Executive. The Executive shall serve as the Chairman and Chief Executive Officer Vice President, Corporate Development of the Company, shall diligently perform all services as may be reasonably assigned to him by the Company’s Board of Directors (the “Board”) and the Company’s Chief Executive Officer (the “CEO”), and shall exercise such power and authority as may from time to time be delegated to him by the BoardBoard or the CEO. During his employment, the Executive shall devote his full business time, energy, and ability exclusively to the business and interests of the Company, and shall not, without the Company’s prior written consent, render to others services of any kind for compensation, or engage in any other business activity that would in any way materially interfere with the Executive’s performance of his duties under this Agreement. In his capacity as Chairman and Chief Executive OfficerVice President, Corporate Development, the Executive shall do and perform all services, acts, or things necessary or advisable to manage and conduct the business of the Company, subject to the policies and procedures set by the Company. It shall not be a violation of this Agreement for the Executive, and the Executive shall be permitted, to (a) serve on corporate, civic, or charitable boards or committees; provided, however, that other than any such boards or committees that the Executive serves on as of the Effective Date, the Executive shall not serve on any such boards or committees without the prior approval of the Company, which approval shall not be unreasonably withheld; (b) deliver lectures, fulfill speaking engagements, or teach at educational institutions; and (c) manage personal investments, in each case as 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.