Common use of Employment by the Company Clause in Contracts

Employment by the Company. 1.1 Executive is currently employed as of the Company. 1.2 This Agreement shall remain in full force and effect commencing on the Effective Date so long as Executive is employed by Company; provided, however, that the rights and obligations of the parties hereto contained in Articles III through VIII shall survive any termination for the longer of (i) twelve (12) months following a Termination Event (as hereinafter defined) (the “Term”) or (ii) such longer period provided for in this Agreement. 1.3 The Company and Executive each agree and acknowledge that Executive is employed by the Company as an “at-will” employee and that either Executive or the Company has the right at any time to terminate Executive’s employment with the Company, with or without cause or advance notice, for any reason or for no reason. The Company and Executive wish to set forth the compensation and benefits which Executive shall be entitled to receive in the event that Executive’s employment with the Company terminates under the circumstances described in Article II of this Agreement. 1.4 The duties and obligations of the Company to Executive under this Agreement shall be in consideration for Executive’s past services to the Company, Executive’s continued employment with the Company, Executive’s compliance with the obligations described in Section 4.2, and Executive’s execution of the general waiver and release described in Section 4.3. The Company and Executive agree that Executive’s compliance with the obligations described in Section 4.2 and Executive’s execution of the general waiver and release described in Section 4.3 are preconditions to Executive’s entitlement to the receipt of benefits under this Agreement and that these benefits shall not be earned unless all such conditions have been satisfied through the scheduled date of payment. The Company hereby declares that it has relied upon Executive’s commitments under this Agreement to comply with the requirements of Article IV, and would not have been induced to enter into this Agreement or to execute this Agreement in the absence of such commitments.

Employment by the Company. 1.1 Executive is currently employed as President and Chief Executive Officer of the Company. 1.2 This Agreement shall remain in full force and effect commencing on the Effective Date so long as Executive is employed by Company; provided, however, that the rights and obligations of the parties hereto contained in Articles III through VIII shall survive any termination for the longer of (i) twelve thirty-six (1236) months following a Termination Event (as hereinafter defined) (the “Term”) or (ii) such longer period provided for in this Agreement. 1.3 The Company and Executive each agree and acknowledge that Executive is employed by the Company as an “at-will” employee and that either Executive or the Company has the right at any time to terminate Executive’s employment with the Company, with or without cause or advance notice, for any reason or for no reason. The Company and Executive wish to set forth the compensation and benefits which Executive shall be entitled to receive in the event that Executive’s employment with the Company terminates under the circumstances described in Article II of this Agreement. 1.4 The duties and obligations of the Company to Executive under this Agreement shall be in consideration for Executive’s past services to the Company, Executive’s continued employment with the Company, Executive’s compliance with the obligations described in Section 4.2, and Executive’s execution of the general waiver and release described in Section 4.3. The Company and Executive agree that Executive’s compliance with the obligations described in Section 4.2 and Executive’s execution of the general waiver and release described in Section 4.3 are preconditions to Executive’s entitlement to the receipt of benefits under this Agreement and that these benefits shall not be earned unless all such conditions have been satisfied through the scheduled date of payment. The Company hereby declares that it has relied upon Executive’s commitments under this Agreement to comply with the requirements of Article IV, and would not have been induced to enter into this Agreement or to execute this Agreement in the absence of such commitments.

Employment by the Company. 1.1 Executive is currently employed as an Executive II level employee of the Company. 1.2 This Agreement shall remain in full force and effect commencing on the Effective Date so long as Executive is employed by Companythe Company as an Executive II level employee; provided, however, that the rights and obligations of the parties hereto contained in Articles III through VIII shall survive any termination for the longer of (i) twelve twenty-four (1224) months following a Termination Event (as hereinafter defined) (the “"Term”") or (ii) such longer period provided for in this Agreement. 1.3 The Company and Executive each agree and acknowledge that Executive is employed by the Company as an “"at-will” " employee and that either Executive or the Company has the right at any time to terminate Executive’s 's employment with the Company, with or without cause or advance notice, for any reason or for no reason. The Company and Executive wish to set forth the compensation and benefits which Executive shall be entitled to receive in the event that Executive’s 's employment with the Company terminates under the circumstances described in Article II of this Agreement. 1.4 The duties and obligations of the Company to Executive under this Agreement shall be in consideration for Executive’s 's past services to the Company, Executive’s 's continued employment with the Company, Executive’s 's compliance with the obligations described in Section 4.2, and Executive’s 's execution of the general waiver and release described in Section 4.3. The Company and Executive agree that Executive’s 's compliance with the obligations described in Section 4.2 and Executive’s 's execution of the general waiver and release described in Section 4.3 are preconditions to Executive’s 's entitlement to the receipt of benefits under this Agreement and that these benefits shall not be earned unless all such conditions have been satisfied through the scheduled date of payment. The Company hereby declares that it has relied upon Executive’s 's commitments under this Agreement to comply with the requirements of Article IV, and would not have been induced to enter into this Agreement or to execute this Agreement in the absence of such commitments.

Employment by the Company. 1.1 Executive is currently employed by the Company as of the Companyan Eligible Officer. 1.2 This Agreement Executive shall remain in full force and effect commencing on the Effective Date so long as Executive is employed by Company; provided, however, that be entitled to the rights and obligations benefits of the parties hereto contained this Agreement and this Agreement may not be terminated, except as otherwise provided in Articles III through VIII shall survive any Section 4.5, if Executive is an Eligible Officer as of immediately prior to a Change of Control, or, if earlier, immediately prior to a termination for the longer of (i) twelve (12) months following a Executive’s employment that results in an Anticipatory Termination Event (as hereinafter defined) (the “TermSection 1.2 Time”) or (ii) such longer period provided for in this Agreement). 1.3 The Company and Executive each agree and acknowledge that Executive is employed by the Company as an “at-will” employee and that either Executive or the Company has the right at any time to terminate or to change Executive’s employment with the Company, or to determine that Executive is no longer an Eligible Officer regardless of the continued employment of Executive with or without cause or advance notice, for any reason or for no reason. The Company and Executive wish to set forth the compensation and benefits which Executive shall be entitled to receive in the event that Executive’s employment with the Company terminates under the circumstances described in Article II of this Agreement. 1.4 The duties and obligations of the Company to Executive under this Agreement shall be in consideration for Executive’s past services to the Company, Executive’s continued employment with the Company, Executive’s compliance with the obligations described in Section 4.2, and Executive’s execution of the general waiver and release Release described in Section 4.3. The Company and Executive agree that Executive’s compliance with the obligations described in Section 4.2 and Executive’s execution and non-revocation of the general waiver and release Release described in Section 4.3 are preconditions to Executive’s entitlement to the receipt of benefits under this Agreement and that these benefits shall not be earned unless all such conditions have been satisfied through the scheduled date of payment. The Company hereby declares that it has relied upon Executive’s commitments under this Agreement to comply with the requirements of Article IV, and would not have been induced to enter entered into this Agreement or to execute this Agreement in the absence of such commitments.

Employment by the Company. 1.1 Executive is currently employed by the Company as of the Companyan Eligible Officer. 1.2 This Agreement Executive shall remain in full force and effect commencing on the Effective Date so long as Executive is employed by Company; provided, however, that be entitled to the rights and obligations benefits of this Agreement and this Agreement may not be terminated, except as otherwise provided in Section 4.5, if Executive is an Eligible Officer as of immediately prior to the parties hereto contained occurrence of any event set forth in Articles III through VIII shall survive any termination for the longer of (iSection 2.1(a) twelve (12or Section 2.2(a) months following a Termination Event (as hereinafter defined) hereof (the “TermSection 1.2 Time”) or (ii) such longer period provided for in this Agreement). 1.3 The Company and Executive each agree and acknowledge that Executive is employed by the Company as an “at-will” employee and that either Executive or the Company has the right at any time to terminate or to change Executive’s employment with the Company, or to determine that Executive is no longer an Eligible Officer regardless of the continued employment of Executive with or without cause or advance notice, for any reason or for no reason. The Company and Executive wish to set forth the compensation and benefits which Executive shall be entitled to receive in the event that Executive’s employment with the Company terminates under the circumstances described in Article II of this Agreement. 1.4 The duties and obligations of the Company to Executive under this Agreement shall be in consideration for Executive’s past services to the Company, Executive’s continued employment with the Company, Executive’s compliance with the obligations described in Section 4.2, and Executive’s execution of the general waiver and release Release described in Section 4.3. The Company and Executive agree that Executive’s compliance with the obligations described in Section 4.2 and Executive’s execution and non-revocation of the general waiver and release Release described in Section 4.3 are preconditions to Executive’s entitlement to the receipt of benefits under this Agreement and that these benefits shall not be earned unless all such conditions have been satisfied through the scheduled date of payment. The Company hereby declares that it has relied upon Executive’s commitments under this Agreement to comply with the requirements of Article IV, and would not have been induced to enter entered into this Agreement or to execute this Agreement in the absence of such commitments.

Employment by the Company. 1.1 Executive is currently employed as of as_________________________of the Company. 1.2 This Agreement shall remain in full force and effect commencing on the Effective Date so long as Executive is employed by Company; provided, however, that the rights and obligations of the parties hereto contained in Articles III through VIII shall survive any termination for the longer of (i) twelve twenty-four (1224) months following a Termination Event (as hereinafter defined) (the “"Term”") or (ii) such longer period provided for in this Agreement. 1.3 The Company and Executive each agree and acknowledge that Executive is employed by the Company as an “"at-will” employee will"employee and that either Executive or the Company has the right at any time to terminate Executive’s 's employment with the Company, with or without cause or advance notice, for any reason or for no reason. The Company and Executive wish to set forth the compensation and benefits which Executive shall be entitled to receive in the event that Executive’s 's employment with the Company terminates under the circumstances described in Article II of this Agreement. 1.4 The duties and obligations of the Company to Executive under this Agreement shall be in consideration for Executive’s 's past services to the Company, Executive’s 's continued employment with the Company, Executive’s 's compliance with the obligations described in Section 4.2, and Executive’s 's execution of the general waiver and release described in Section 4.3. The Company and Executive agree that Executive’s 's compliance with the obligations described in Section 4.2 and Executive’s 's execution of the general waiver and release described in Section 4.3 are preconditions to Executive’s 's entitlement to the receipt of benefits under this Agreement and that these benefits shall not be earned unless all such conditions have been satisfied through the scheduled date of payment. The Company hereby declares that it has relied upon Executive’s 's commitments under this Agreement to comply with the requirements of Article IV, and would not have been induced to enter into this Agreement or to execute this Agreement in the absence of such commitments.

Employment by the Company. 1.1 Executive is currently employed as an Executive II level employee of the Company. 1.2 This Executive shall be entitled to the rights and benefits of this Agreement shall remain and this Agreement may not be terminated, except as otherwise provided in full force and effect commencing Section 4.5, if Executive is an Executive II level employee of the Company on the Effective Date so long as Executive is employed by Company; provided, however, that date of the occurrence of any event set forth in Section 2.1(a) or Section 2.2(a) hereof (the “Section 1.2 Date.”) The rights and obligations of the parties hereto contained in Articles III through VIII shall survive any termination for the longer of (i) twelve twenty-four (1224) months following a Termination Event (as hereinafter defined) (the “Term”) or (ii) such longer period provided for in this Agreement. 1.3 The Company and Executive each agree and acknowledge that Executive is employed by the Company as an “at-will” employee and that either Executive or the Company has the right at any time to terminate or to change Executive’s employment with the Company, including a change to a position that is no longer an Executive II level employee, with or without cause or advance notice, for any reason or for no reason. The Company and Executive wish to set forth the compensation and benefits which Executive shall be entitled to receive in the event that Executive’s employment with the Company terminates under the circumstances described in Article II of this Agreement. 1.4 The duties and obligations of the Company to Executive under this Agreement shall be in consideration for Executive’s past services to the Company, Executive’s continued employment with the Company, Executive’s compliance with the obligations described in Section 4.2, and Executive’s execution of the general waiver and release described in Section 4.3. The Company and Executive agree that Executive’s compliance with the obligations described in Section 4.2 and Executive’s execution of the general waiver and release described in Section 4.3 are preconditions to Executive’s entitlement to the receipt of benefits under this Agreement and that these benefits shall not be earned unless all such conditions have been satisfied through the scheduled date of payment. The Company hereby declares that it has relied upon Executive’s commitments under this Agreement to comply with the requirements of Article IV, and would not have been induced to enter into this Agreement or to execute this Agreement in the absence of such commitments.

Employment by the Company. 1.1 Executive is currently employed as of the CompanySenior Vice President, Finance, and Treasurer. 1.2 This Agreement shall remain in full force and effect commencing on the Effective Date so long as Executive is employed by Company; provided, however, that the rights and obligations of the parties hereto contained in Articles III through VIII shall survive any termination for the longer of (i) twelve twenty-four (1224) months following a Termination Event (as hereinafter defined) (the “Term”) or (ii) such longer period provided for in this Agreement. 1.3 The Company and Executive each agree and acknowledge that Executive is employed by the Company as an “at-will” employee and that either Executive or the Company has the right at any time to terminate Executive’s employment with the Company, with or without cause or advance notice, for any reason or for no reason. The Company and Executive wish to set forth the compensation and benefits which Executive shall be entitled to receive in the event that Executive’s employment with the Company terminates under the circumstances described in Article II of this Agreement. 1.4 The duties and obligations of the Company to Executive under this Agreement shall be in consideration for Executive’s past services to the Company, Executive’s continued employment with the Company, Executive’s compliance with the obligations described in Section 4.2, and Executive’s execution of the general waiver and release described in Section 4.3. The Company and Executive agree that Executive’s compliance with the obligations described in Section 4.2 and Executive’s execution of the general waiver and release described in Section 4.3 are preconditions to Executive’s entitlement to the receipt of benefits under this Agreement and that these benefits shall not be earned unless all such conditions have been satisfied through the scheduled date of payment. The Company hereby declares that it has relied upon Executive’s commitments under this Agreement to comply with the requirements of Article IV, and would not have been induced to enter into this Agreement or to execute this Agreement in the absence of such commitments.

Employment by the Company. 1.1 Executive is currently employed as of the Company. 1.2 This Agreement shall remain in full force and effect commencing on the Effective Date so long as Executive is employed by Company as an executive officer of the Company; provided, however, that the rights and obligations of the parties hereto contained in Articles III through VIII shall survive any termination for the longer of (i) twelve twenty-four (1224) months following a Termination Event (as hereinafter defined) (the “Term”) or (ii) such longer period provided for in this Agreement. 1.3 The Company and Executive each agree and acknowledge that Executive is employed by the Company as an “at-will” employee and that either Executive or the Company has the right at any time to terminate Executive’s employment with the Company, with or without cause or advance notice, for any reason or for no reason. The Company and Executive wish to set forth the compensation and benefits which Executive shall be entitled to receive in the event that Executive’s employment with the Company terminates under the circumstances described in Article II of this Agreement. 1.4 The duties and obligations of the Company to Executive under this Agreement shall be in consideration for Executive’s past services to the Company, Executive’s continued employment with the Company, Executive’s compliance with the obligations described in Section 4.2, and Executive’s execution of the general waiver and release described in Section 4.3. The Company and Executive agree that Executive’s compliance with the obligations described in Section 4.2 and Executive’s execution of the general waiver and release described in Section 4.3 are preconditions to Executive’s entitlement to the receipt of benefits under this Agreement and that these benefits shall not be earned unless all such conditions have been satisfied through the scheduled date of payment. The Company hereby declares that it has relied upon Executive’s commitments under this Agreement to comply with the requirements of Article IV, and would not have been induced to enter into this Agreement or to execute this Agreement in the absence of such commitments.

Employment by the Company. 1.1 Executive is currently employed as Chief Executive Officer of the Company. 1.2 This Executive shall be entitled to the rights and benefits of this Agreement shall remain and this Agreement may not be terminated, except as otherwise provided in full force and effect commencing Section 4.5, if Executive is the CEO of the Company on the Effective Date so long as Executive is employed by Company; provided, however, that date of the occurrence of any event set forth in Section 2.1(a) or Section 2.2(a) hereof (the “Section 1.2 Date.”) The rights and obligations of the parties hereto contained in Articles III through VIII shall survive any termination for the longer of (i) twelve thirty-six (1236) months following a Termination Event (as hereinafter defined) (the “Term”) or (ii) such longer period provided for in this Agreement. 1.3 The Company and Executive each agree and acknowledge that Executive is employed by the Company as an “at-will” employee and that either Executive or the Company has the right at any time to terminate or to change Executive’s employment with the Company, including a change to a position that is no longer the Chief Executive Officer, with or without cause or advance notice, for any reason or for no reason. The Company and Executive wish to set forth the compensation and benefits which Executive shall be entitled to receive in the event that Executive’s employment with the Company terminates under the circumstances described in Article II of this Agreement. 1.4 The duties and obligations of the Company to Executive under this Agreement shall be in consideration for Executive’s past services to the Company, Executive’s continued employment with the Company, Executive’s compliance with the obligations described in Section 4.2, and Executive’s execution of the general waiver and release described in Section 4.3. The Company and Executive agree that Executive’s compliance with the obligations described in Section 4.2 and Executive’s execution of the general waiver and release described in Section 4.3 are preconditions to Executive’s entitlement to the receipt of benefits under this Agreement and that these benefits shall not be earned unless all such conditions have been satisfied through the scheduled date of payment. The Company hereby declares that it has relied upon Executive’s commitments under this Agreement to comply with the requirements of Article IV, and would not have been induced to enter into this Agreement or to execute this Agreement in the absence of such commitments.

Employment by the Company. 1.1 Executive is currently employed as _____________________________________________ of the Company. 1.2 This Agreement shall remain in full force and effect commencing on the Effective Date so long as Executive is employed by Company; provided, however, that the rights and obligations of the parties hereto contained in Articles III through VIII shall survive any termination for the longer of (i) twelve (12) months following a Termination Event (as hereinafter defined) (the “Term”) or (ii) such longer period provided for in this Agreement. 1.3 The Company and Executive each agree and acknowledge that Executive is employed by the Company as an “at-will” employee and that either Executive or the Company has the right at any time to terminate Executive’s employment with the Company, with or without cause or advance notice, for any reason or for no reason. The Company and Executive wish to set forth the compensation and benefits which Executive shall be entitled to receive in the event that Executive’s employment with the Company terminates under the circumstances described in Article II of this Agreement. 1.4 The duties and obligations of the Company to Executive under this Agreement shall be in consideration for Executive’s past services to the Company, Executive’s continued employment with the Company, Executive’s compliance with the obligations described in Section 4.2, and Executive’s execution of the general waiver and release described in Section 4.3. The Company and Executive agree that Executive’s compliance with the obligations described in Section 4.2 and Executive’s execution of the general waiver and release described in Section 4.3 are preconditions to Executive’s entitlement to the receipt of benefits under this Agreement and that these benefits shall not be earned unless all such conditions have been satisfied through the scheduled date of payment. The Company hereby declares that it has relied upon Executive’s commitments under this Agreement to comply with the requirements of Article IV, and would not have been induced to enter into this Agreement or to execute this Agreement in the absence of such commitments.