Common use of Employment by Company Clause in Contracts

Employment by Company. (a) EMPLOYEE shall be employed by EMPLOYER in the position of Vice President, General Counsel and Secretary, hereinafter referred to as “General Counsel”. EMPLOYEE shall be responsible to direct and control all legal activity with final authority on legal policies and procedures as well as other duties, which shall be assigned at the sole discretion of EMPLOYER. EMPLOYEE shall report to the Chief Executive Officer of EMPLOYER. (b) EMPLOYEE warrants and agrees that he has the skill, aptitude, and ability to perform the services for which he is being employed, and that he will adhere to the standards of performance for the fulfillment of those duties, which EMPLOYER shall in its discretion from time to time prescribe. EMPLOYEE represents that he has not entered into any agreements which are effective at the time of the execution of this Agreement which would prevent him from performing his duties as General Counsel, including but not limited to, any non-competition or non-disclosure agreement with former employers. (c) EMPLOYEE hereby agrees that he will devote all of his working time and attention and give his diligent effort and skill exclusively to the business and interests of EMPLOYER, and that he will perform such services, as may from time to time be assigned to him, and shall do his utmost to further enhance and develop the best interests and welfare of EMPLOYER in all respects. EMPLOYEE agrees that he will give full attention and fully comply with the rules and procedures as may from time to time be promulgated by EMPLOYER in its sole discretion. (d) EMPLOYEE shall not, without prior written consent of EMPLOYER, at any time during the term of this Agreement: (a) accept employment with, or render services of a business, professional or commercial nature to any person other than EMPLOYER; (b) engage in, own or provide legal or other assistance to any person, venture or activity which EMPLOYER may in good faith consider to be competitive with or adverse to EMPLOYER, whether directly or indirectly, alone or with any other person as a principle, agent, shareholder, participant, partner, promoter, director, officer, manager, employee, consultant, sales representative or otherwise; or (c) engage in any venture or activity which the Chief Executive Officer of EMPLOYER may in good faith consider to interfere with EMPLOYEE’S performance of his duties.

Employment by Company. (ai) EMPLOYEE shall The Company hereby employs the Employee, and the Employee hereby agrees to be employed by EMPLOYER in the position Company, as an employee of Vice President, General Counsel and Secretary, hereinafter referred the Company to as “General Counsel”. EMPLOYEE shall be responsible manage the Signature Business and/or perform other services related to direct and control all legal activity with final authority on legal policies and procedures as well as other dutiesthe Signature Business, which shall be assigned at are reasonably requested by the sole discretion Chief Executive Officer of EMPLOYERthe Company (or his designee). EMPLOYEE During the Employee’s employment with the Company, the Employee shall report to the Chief Executive Employee Officer of EMPLOYERthe Company, or his designee. The Employee agrees to abide by the rules, regulations, instructions, personnel practices and other policies of the Company as may be adopted from time to time. (bii) EMPLOYEE warrants and agrees that he has the skill, aptitude, and ability to perform the services for which he is being employed, and that he will adhere to the standards of performance for the fulfillment of those duties, which EMPLOYER shall in its discretion from time to time prescribe. EMPLOYEE represents that he has not entered into any agreements which are effective at the time of the execution of this Agreement which would prevent him from performing his duties as General Counsel, including but not limited to, any non-competition or non-disclosure agreement with former employers. (c) EMPLOYEE hereby agrees that he will devote all of his working time and attention and give his diligent effort and skill exclusively to the business and interests of EMPLOYER, and that he will perform such services, as may from time to time be assigned to him, and The Employee shall do his utmost to further enhance and develop perform all services and acts necessary or advisable in the best interests and welfare opinion of EMPLOYER in all respects. EMPLOYEE agrees that he will give full attention and fully comply with the rules and procedures as may from time to time be promulgated by EMPLOYER in its sole discretion. (d) EMPLOYEE shall not, without prior written consent of EMPLOYER, at any time during the term of this Agreement: (a) accept employment with, or render services of a business, professional or commercial nature to any person other than EMPLOYER; (b) engage in, own or provide legal or other assistance to any person, venture or activity which EMPLOYER may in good faith consider to be competitive with or adverse to EMPLOYER, whether directly or indirectly, alone or with any other person as a principle, agent, shareholder, participant, partner, promoter, director, officer, manager, employee, consultant, sales representative or otherwise; or (c) engage in any venture or activity which the Chief Executive Officer of EMPLOYER may the Company (or his designee) to fulfill his duties and responsibilities as are commensurate and consistent with the Employee’s position and such other services as reasonably requested from time to time (collectively, the “Services”). The Employee agrees to devote, with undivided loyalty, all of Employee’s working time, attention and efforts to the Company; provided that, the Employee shall be permitted to engage in good faith consider to such limited and non-competitive outside business activities that do not interfere with EMPLOYEE’S the performance of his dutiesduties hereunder only as may be expressly approved in writing by the Company in advance and in accordance with the business and ethical standards of the Company adopted from time to time; provided further that, subject to the Non-compete Obligations set forth herein, real estate investment activity and the management of other investments that are primarily passive in nature that are owned from time to time by Employee that do not interfere with the performance of his duties hereunder are hereby expressly permitted by the Company. The Employee’s principal place of employment shall be the Company’s offices located in the state of Maryland.

Employment by Company. (a) EMPLOYEE shall be employed by the EMPLOYER in the position of Vice President, General Counsel and SecretaryExecutive Vice-President of Wholesale Operations, hereinafter referred to as “General CounselEVP-Wholesale”. EMPLOYEE shall be responsible to direct and control all legal corporate financial activity with final authority on legal financial policies and procedures as well as other duties/territories, which shall be assigned at the sole discretion of the EMPLOYER. EMPLOYEE shall report Reports to the Chief Executive Officer of EMPLOYER. (b) Officer. EMPLOYEE warrants and agrees that he he/she has the skill, aptitude, and ability to perform the services for which he he/she is being employed, and that he he/she will adhere to the standards of performance for the fulfillment of those duties, which EMPLOYER shall in its discretion from time to time prescribe. EMPLOYEE represents that he he/she has not entered into any agreements which are effective at the time of the execution of this Agreement which would prevent him him/her from performing his his/her duties as General CounselEVP-Wholesale, including but not limited to, any non-competition or non-disclosure agreement with former employers. (c) . EMPLOYEE hereby agrees that he he/she will devote all of his his/her working time and attention and give his his/her diligent effort and skill exclusively to the business and interests of EMPLOYER, and that he he/she will perform such services, as may from time to time be assigned to him/her, and shall do his his/her utmost to further enhance and develop the best interests and welfare of the EMPLOYER in all respects. EMPLOYEE agrees that he he/she will give full attention and fully comply with the rules and procedures as may from time to time be promulgated by EMPLOYER in its sole discretion. (d) . EMPLOYEE shall not, without prior written consent of the EMPLOYER, at any time during the term of this Agreement: (a) accept employment with, or render services of a business, professional or commercial nature to any person other than the EMPLOYER; (b) engage in, own or provide legal financial or other assistance to any person, venture or activity which the EMPLOYER may in good faith consider to be competitive with or adverse to the EMPLOYER, whether directly or indirectly, alone or with any other person as a principle, agent, shareholder, participant, partner, promoter, director, officer, manager, employee, consultant, sales representative or otherwise; or (c) engage in any venture or activity which the Chief Executive Officer Officers or the Board of Directors of the EMPLOYER may in good faith consider to interfere with EMPLOYEE’S performance of his duties.

Employment by Company. (a) EMPLOYEE shall be employed by the EMPLOYER in the position of Vice President, General Counsel and SecretaryChief Financial Officer, hereinafter referred to as “General CounselCFO”. EMPLOYEE shall be responsible to direct and control all legal corporate financial activity with final authority on legal financial policies and procedures as well as other duties/territories, which shall be assigned at the sole discretion of the EMPLOYER. EMPLOYEE shall report Reports to the Chief Executive Officer of EMPLOYER. (b) Officer. EMPLOYEE warrants and agrees that he he/she has the skill, aptitude, and ability to perform the services for which he he/she is being employed, and that he he/she will adhere to the standards of performance for the fulfillment of those duties, which EMPLOYER shall in its discretion from time to time prescribe. EMPLOYEE represents that he he/she has not entered into any agreements which are effective at the time of the execution of this Agreement which would prevent him him/her from performing his his/her duties as General CounselCFO, including but not limited to, any non-competition or non-disclosure agreement with former employers. (c) . EMPLOYEE hereby agrees that he he/she will devote all of his his/her working time and attention and give his his/her diligent effort and skill exclusively to the business and interests of EMPLOYER, and that he he/she will perform such services, as may from time to time be assigned to him/her, and shall do his his/her utmost to further enhance and develop the best interests and welfare of the EMPLOYER in all respects. EMPLOYEE agrees that he he/she will give full attention and fully comply with the rules and procedures as may from time to time be promulgated by EMPLOYER in its sole discretion. (d) . EMPLOYEE shall not, without prior written consent of the EMPLOYER, at any time during the term of this Agreement: (a) accept employment with, or render services of a business, professional or commercial nature to any person other than the EMPLOYER; (b) engage in, own or provide legal financial or other assistance to any person, venture or activity which the EMPLOYER may in good faith consider to be competitive with or adverse to the EMPLOYER, whether directly or indirectly, alone or with any other person as a principle, agent, shareholder, participant, partner, promoter, director, officer, manager, employee, consultant, sales representative or otherwise; or (c) engage in any venture or activity which the Chief Executive Officer Officers or the Board of Directors of the EMPLOYER may in good faith consider to interfere with EMPLOYEE’S performance of his duties.

Employment by Company. (a) EMPLOYEE shall be employed by the EMPLOYER in the position of Vice President, General Counsel Senior Vice-President and SecretaryChief Investment Officer, hereinafter referred to as “General CounselSVP, Chief Investment Officer”. EMPLOYEE shall be responsible to direct and control all legal corporate portfolio activity with final authority on legal portfolio policies and procedures as well as other duties/territories, which shall be assigned at the sole discretion of the EMPLOYER. EMPLOYEE shall report Reports to the Chief Executive Officer of EMPLOYER. (b) Officer. EMPLOYEE warrants and agrees that he he/she has the skill, aptitude, and ability to perform the services for which he he/she is being employed, and that he he/she will adhere to the standards of performance for the fulfillment of those duties, which EMPLOYER shall in its discretion from time to time prescribe. EMPLOYEE represents that he he/she has not entered into any agreements which are effective at the time of the execution of this Agreement which would prevent him him/her from performing his his/her duties as General CounselSVP-Chief Investment Officer, including but not limited to, any non-competition or non-disclosure agreement with former employers. (c) . EMPLOYEE hereby agrees that he he/she will devote all of his his/her working time and attention and give his his/her diligent effort and skill exclusively to the business and interests of EMPLOYER, and that he he/she will perform such services, as may from time to time be assigned to him/her, and shall do his his/her utmost to further enhance and develop the best interests and welfare of the EMPLOYER in all respects. EMPLOYEE agrees that he he/she will give full attention and fully comply with the rules and procedures as may from time to time be promulgated by EMPLOYER in its sole discretion. (d) . EMPLOYEE shall not, without prior written consent of the EMPLOYER, at any time during the term of this Agreement: (a) accept employment with, or render services of a business, professional or commercial nature to any person other than the EMPLOYER; (b) engage in, own or provide legal financial or other assistance to any person, venture or activity which the EMPLOYER may in good faith consider to be competitive with or adverse to the EMPLOYER, whether directly or indirectly, alone or with any other person as a principle, agent, shareholder, participant, partner, promoter, director, officer, manager, employee, consultant, sales representative or otherwise; or (c) engage in any venture or activity which the Chief Executive Officer Officers or the Board of Directors of the EMPLOYER may in good faith consider to interfere with EMPLOYEE’S performance of his duties.