Common use of Employment and Services Clause in Contracts

Employment and Services. The Company shall employ you as Chief Operating Officer (“COO”) of the Company, for the period beginning on the Effective Date and ending upon termination pursuant to paragraph 4 (the “Employment Period”). Your responsibilities include those set forth on Schedule 1 hereto and other special projects and assignments as designated by the Company’s Board of Directors. You will report directly to the Board of Directors and shall render such services to the Company and its affiliates and subsidiaries as the Board of Directors shall reasonably designate from time to time. You shall devote your best efforts and all of your time and attention to the business of the Company; provided, however, that nothing herein contained shall prohibit or restrict you from devoting reasonable time to personal business matters, to sit on any for-profit Boards (or comparable bodies) and/or charitable activities to the extent that these activities do not relate to any Entity or Competitive Business (as defined in paragraph 9 below). In addition to the limitations set forth in paragraph 9 below, during the Employment Period, you agree not to be employed by, consult with or advise any Entity (as defined in paragraph 9 below), without the consent of the Board.

Employment and Services. The Company shall employ you as Chief Operating Executive Officer (“COOCEO”) of the Company, for the period beginning on the Effective Date and ending upon termination pursuant to paragraph 4 (the “Employment Period”). Your responsibilities include those set forth on Schedule 1 hereto and other special projects and assignments as designated by the Company’s Board of Directors. You will report directly to the Board of Directors and shall render such services to the Company and its affiliates and subsidiaries as the Board of Directors shall reasonably designate from time to time. You shall devote your best efforts and all of your time and attention to the business of the Company; provided, however, that nothing herein contained shall prohibit or restrict you from devoting reasonable time to personal business matters, to sit on any for-profit Boards (or comparable bodies) and/or charitable activities to the extent that these activities do not relate to any Entity or Competitive Business (as defined in paragraph 9 below). In addition to the limitations set forth in paragraph 9 below, during the Employment Period, you agree not to be employed by, consult with or advise any Entity (as defined in paragraph 9 below), without the consent of the Board.