DUTIES OF XXXXXX. Subject to the general direction and control of the Board of Trustees of the Portfolio, Xxxxxx shall perform such financial, fund accounting oversight, administrative and related services as may from time to time be reasonably requested by the Portfolio, which shall include without limitation: a) preparing the Portfolio's tax returns and financial statements and other financial reports for review by the Portfolio's independent auditors; b) coordinating the Portfolio's annual audit; c) developing the Portfolio's budget and establishing its rate of expense accrual; d) preparing the tax information necessary for investors including the calculation of the allocated amount of income attributable to each investor, if any, which has been subject to withholding or other tax assessments or other governmental charges by non-United States tax jurisdictions; e) calculating the daily partnership allocation for the Portfolio from the financial information furnished to it by the Portfolio's custodian; f) overseeing the Portfolio's custodian and transfer agent, including monitoring the daily income accrual and collection, expense accrual and disbursement, and computation of the Portfolio's net asset value; verifying the calculation of performance data for the Portfolio; monitoring the trade reporting for portfolio securities transactions; monitoring the pricing of portfolio securities and compliance with amortized cost procedures, if applicable; and monitoring the computation of the Portfolio's income and capital gains and confirming that they have been properly allocated to the holders of record; and g) providing such other related services as the Portfolio may reasonably request, to the extent permitted by applicable law. Xxxxxx shall provide all personnel and facilities necessary in order for it to provide the services contemplated by this paragraph. Xxxxxx assumes no responsibilities under this Agreement other than to render the services called for hereunder, on the terms and conditions provided herein. In the performance of its duties under this Agreement, Xxxxxx will comply with the provisions of the Declaration of Trust and By-Laws of the Portfolio and the Portfolio's stated investment objective, policies and restrictions, and will use its best efforts to safeguard and promote the welfare of the Portfolio, and to comply with other policies which the Board of Trustees may from time to time determine.
DUTIES OF XXXXXX a. Brewing and Packaging of Products. Xxxxxx shall brew and package the Products according to Company's instructions/specifications. Xxxxxx possesses certain proprietary recipes, formulas, procedures and processes for production of clear malt, which shall be made available to the Company as part of this contractual agreement.
DUTIES OF XXXXXX. Xxxxxx shall be employed by the Company as Vice President and Chief Marketing Officer to perform such duties consistent with such a position as Vice President and Chief Marketing Officer as its Board of Directors shall assign Xxxxxx from time to time. Xxxxxx shall serve the Company faithfully and diligently, use his best efforts to promote the interests of the Company, and shall devote his full time and efforts to the business and affairs of the Company.
DUTIES OF XXXXXX. 1.1. Subject to the general direction and control of the Board of Trustees of the Trust, Xxxxxx shall perform such administrative and related services as may from time to time be reasonably requested by the Trust, which shall include without limitation: a) arranging for the preparation and filing of the Trust's tax returns and preparing financial statements and other financial reports for review by the Trust's independent auditors; b) coordinating the Trust's annual audits; c) developing the budget and establishing the rate of expense accrual for each Fund; d) overseeing the preparation by the Trust's transfer agent (the "Transfer Agent") of tax information for shareholders; e) overseeing the Trust's custodian (the "Custodian") and the Transfer Agent and other service providers, including expense disbursement; verifying the calculation of performance data for the Trust and its reporting to the appropriate tracking services; computing the amount and monitoring the frequency of distributing each Fund's dividends and capital gains distributions and confirming that they have been properly distributed to the shareholders of record; and monitoring calculation of net asset value of Shares by the
DUTIES OF XXXXXX. The duties of Xxxxxx shall include the performance of all of the duties typical of the position held by Plant Manager of an ethanol plant, to be described in the job description of Plant Manager, and such other duties and obligations as may be assigned or directed by the Company’s Board of Governors (the “Board”) and or the Chief Executive Officer of the Company. Xxxxxx shall perform all his duties in a professional, ethical and businesslike manner. Xxxxxx’x primary work location will be at the Company’s Fergus Falls Ethanol Plant, but training and other time maybe spent at other locations, and travel may be required to fulfill the responsibilities of the Plant Manager position. Xxxxxx’x employment is conditioned upon Xxxxxx relocating to the Fergus Falls, Minnesota area and having his residence within a 20-minute drive to the Company’s plant. Xxxxxx will report to the Company’s Chief Executive Officer. Xxxxxx agrees to serve the Company faithfully and to the best of his abilities, and to devote his full time, attention, and efforts to the business and affairs of the Company during the term of his employment with the Company. Xxxxxx will not, during the term of this Agreement or his employment with the Company, directly or indirectly engage in any other part time or full time employment or business, either as an employee, employer, consultant, principal, officer, director, advisor, or in any other capacity, either with or without compensation, without the prior written consent of the Board. Xxxxxx represents to the Company that he is under no contractual commitments that are inconsistent with his obligations set forth in this Agreement or that would preclude his employment with the Company.
DUTIES OF XXXXXX. During the Term, Xxxxxx will engage in the following activities in connection with the Program:
3.1 Fulfill its obligations under the mutually agreed upon Marketing Plan provided in Exhibit
3.2 Identify and acknowledge Xxxxx Xxxxxx as a Special Content Contributor; and
3.3 Include in Review of Myopia Management (RMM) website certain Xxxxx Xxxxxx assets as defined in Exhibit B.
DUTIES OF XXXXXX. Xxxxxx shall have the following duties under the terms of this Agreement:
2.1 Xxxxxx shall comply with all governmental laws, rules and regulations applicable to the services to be provided under this Agreement.
2.2 Xxxxxx will faithfully and diligently perform his duties required by this Agreement. Xxxxxx shall perform all work or services in a good and professional manner.
2.3 Xxxxxx is responsible for providing all equipment and supplies necessary to perform under this Agreement.
DUTIES OF XXXXXX. Upon execution of this Agreement and satisfaction of the insurance requirements set forth in this paragraph, Xxxxxx shall be entitled to take immediate possession of the Vehicle and shall be fully liable and responsible for its maintenance, repair, use and any liability incident to said use. Xxxxxx may, at its sole discretion, utilize the Vehicle for any lawful, official purpose in support of the West Plains Crisis Response Team. Xxxxxx is a member of the municipal risk pool known as the Washington Cities Insurance Authority (“WCIA”). Prior to taking possession of the Vehicle and as a condition precedent thereto, Xxxxxx shall provide Airway Heights with documentation acceptable to Airway Heights and WASPC demonstrating that the Vehicle is covered by Xxxxxx’x XXXX policy. Xxxxxx shall be financially responsible for all pertinent premiums and deductibles. Xxxxxx shall not cancel, materially change or reduce the limits of said insurance coverage without providing Airway Heights with at least thirty (30) days’ written notice.
DUTIES OF XXXXXX. During the period of his employment in the capacity of Secretary, Xxxxxx agrees to devote his professional skill and energy to the faithful and full satisfaction of his duties as Corporate Secretary. It is agreed and understood that Xxxxxx will perform all duties assigned to him, which shall be substantially the same as those performed by Xxxxxx as Secretary of the Company prior to the date of this Agreement (including status, offices, titles and reporting requirements), to the full satisfaction of the Board of Directors. The Company agrees that Xxxxxx shall have such authority and discretion as is necessary to fully and faithfully perform his duties in a proper and efficient manner, subject to review by the Board of Directors. During the period of his employment, it shall not be a violation of this Agreement for Xxxxxx to (i) serve on corporate, civil or charitable boards or committees, (ii) deliver lectures or fulfill speaking engagements and (iii) manage personal investments, so long as such activities do not significantly interfere with the performance of Xxxxxx'x responsibilities as an employee of the Company in accordance with this Agreement. It is expressly understood and agreed that to the extent that any such activities have been conducted by Xxxxxx prior to the date hereof, the continued conduct of such activities (or the conduct of activities similar in nature and scope thereto) subsequent to the date hereof shall not thereafter be deemed to interfere with the performance of Xxxxxx'x responsibilities to the Company.
DUTIES OF XXXXXX. 3.1 Xxxxxx shall serve under the terms of this Agreement as the COO of both Profire and FLOZ and the president of Profire and until and unless the parent corporation, FLOZ, is merged or combined with its wholly owned subsidiary, Profire, Xxxxxx shall discharge duties of COO for both the parent and the operating subsidiary. Xxxxxx acknowledges the duties are generally described in the By-laws of the Companies and as otherwise prescribed by the respective boards of directors. In the event of any merger or other combination, he shall assume such duties in the combined corporation. Xxxxxx shall further be responsible for supervision and management of any subordinate officer of either Profire or FLOZ as directed by the president and, consistent with their duties as prescribed by the board of directors and under the By-laws of the respective corporations. Xxxxxx shall have the right to conduct and enter into agreements related to or arising out of the day-to-day operations of the Companies and within the general authority to conduct all day-to-day operations as allowed or prescribed by the president. Provided, however, Xxxxxx shall not bind the Companies unilaterally into any agreement for acquisition, merger, sale of assets, or incur debts or liabilities other than in the ordinary course of business, or effect any change in the tax filing status, or organization of either Profire or FLOZ.
