Common use of Employment Terms and Duties Clause in Contracts

Employment Terms and Duties. 1.1 The Corporation hereby agrees to employ the Executive and the Executive agrees to provide services for the Corporation as its Executive Vice President, Operations. The Executive shall serve as and perform the duties of Executive Vice President, Operations of the Corporation during the Term (defined hereinafter) of this Agreement. 1.2 The Executive agrees to devote his full business time during regular business hours to working for the Corporation and performing such duties as shall from time to time be assigned to him by the Board of Directors of the Corporation or the Chief Executive Officer of the Corporation consistent with his position as Executive Vice President, Operations. During the Term of his employment hereunder, the Executive shall have no interest in, or perform any services during regular business hours for any other company, whether or not such company is competitive with the Corporation, except that this prohibition shall not be deemed to apply to passive investments in businesses not competitive with the business of the Corporation or to investments of 5% or less of the outstanding stock of public companies whose stock is traded on a national securities exchange or in the over-the-counter market. For purposes of this Paragraph l.2, a "passive investment" shall be deemed to mean investment in a business which does not require or result in the participation of the Executive in the management or operations of such business except during times other than regular business hours and which does not interfere with his duties and responsibilities to the Corporation. Nothing contained herein shall limit the right of the Executive to make speeches, write articles or participate in public debate and discussions in and by means of any medium of communication or serve as a director or trustee of any non-competing corporation or organization, provided that such activities are not inconsistent with the Executive's obligations hereunder.

Appears in 2 contracts

Samples: Employment Agreement (Nuco2 Inc /Fl), Employment Agreement (Nuco2 Inc /Fl)

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Employment Terms and Duties. 1.1 The Corporation hereby agrees to employ the Executive and the Executive agrees to provide services for the Corporation as its Executive Vice President, OperationsSales and Marketing. The Executive shall serve as and perform the duties of Executive Vice President, Operations Sales and Marketing of the Corporation during the Term (defined hereinafter) of this Agreement. 1.2 The Executive agrees to devote his full business time during regular business hours to working for the Corporation and performing such duties as shall from time to time be assigned to him by the Board of Directors of the Corporation or the Chief Executive Officer of the Corporation consistent with his position as Executive Vice President, OperationsSales and Marketing. During the Term of his employment hereunder, the Executive shall have no interest in, or perform any services during regular business hours for any other company, whether or not such company is competitive with the Corporation, except that this prohibition shall not be deemed to apply to passive investments in businesses not competitive with the business of the Corporation or to investments of 5% or less of the outstanding stock of public companies whose stock is traded on a national securities exchange or in the over-the-counter market. For purposes of this Paragraph l.2, a "passive investment" shall be deemed to mean investment in a business which does not require or result in the participation of the Executive in the management or operations of such business except during times other than regular business hours and which does not interfere with his duties and responsibilities to the Corporation. Nothing contained herein shall limit the right of the Executive to make speeches, write articles or participate in public debate and discussions in and by means of any medium of communication or serve as a director or trustee of any non-competing corporation or organization, provided that such activities are not inconsistent with the Executive's obligations hereunder.

Appears in 1 contract

Samples: Employment Agreement (Nuco2 Inc /Fl)

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Employment Terms and Duties. 1.1 The Corporation hereby agrees to employ the Executive and the Executive agrees to provide services work for the Corporation as its Chief Executive Vice PresidentOfficer (the “CEO”); as such, Operationshe will be responsible for the overall management of the Corporation’s business. The Executive shall serve as and perform the duties of Executive Vice President, Operations CEO of the Corporation during the Term (defined hereinafter) of this Agreement. In addition, the Executive shall be a member and Chairman of the Board of Directors of the Corporation (the “Board”) and of the Board of Directors of NUCO2 Parent Inc., a Delaware corporation (“Parent”) during the Term of this Agreement. 1.2 The Executive agrees to devote his full business time during regular business hours to working for the Corporation and performing the aforesaid duties and such other duties as shall from time to time be assigned to him by the Board of Directors of the Corporation or the Chief Executive Officer of the Corporation consistent with his position as Executive Vice President, OperationsCEO. During the Term of his employment hereunder, the Executive shall have no interest in, or perform any services during regular business hours for any other company, whether or not such company is competitive with the Corporation, except that this prohibition shall not be deemed to apply to passive investments in businesses not competitive with the business of the Corporation or to investments of 5% or less of the outstanding stock of public companies whose stock is traded on a national securities exchange or in the over-the-counter market. For purposes of this Paragraph l.21.2, a "passive investment" shall be deemed to mean investment in a business which does not require or result in the participation of the Executive in the management or operations of such business except during times other than regular business hours and which does not interfere with his duties and responsibilities to the Corporation. Nothing contained herein shall limit the right of the Executive to make speeches, write articles or participate in public debate and discussions in and by means of any medium of communication or serve as a director or trustee of any non-competing corporation or organization, provided that such activities are not inconsistent with the Executive's ’s obligations hereunder. 1.3 Consistent with the Executive’s aforesaid duties the Executive shall, at all times during the Term hereof, be subject to the supervision and direction of the Board with respect to his duties, responsibilities and the exercise of his powers. 1.4 The services of the Executive hereunder shall be rendered primarily at the Corporation’s principal executive office currently in Stuart, Florida; provided, however, that the Executive shall make such trips outside of Stuart, Florida as shall be reasonably necessary in connection with the Executive’s duties hereunder. 1.5 The term of the Executive’s employment hereunder shall commence upon the date of this Agreement and such employment shall continue, except as otherwise provided herein, through May 28, 2013 (the “Term”).

Appears in 1 contract

Samples: Employment Agreement (Nuco2 Inc /Fl)

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