Common use of Performance and Attendance Clause in Contracts

Performance and Attendance. (A) Xx. Xxxxx will serve on DELTA board of directors using his best efforts on behalf of DELTA and its stockholders. (B) Xx. Xxxxx shall use his best efforts to participate in a timely manner in all meetings of DELTA board of directors or of committees thereof to which he has been appointed or elected, and if unavailable in person, to make arrangements to participate by teleconference or any legally available means. (C) In the event that Xx. Xxxxx fails to participate in a meeting of DELTA board of directors or of committees thereof to which he has been appointed or elected, Xx. Xxxxx shall promptly acquaint himself with all matters transacted at such meeting and if practical, shall provide the board of directors or committee involved with supplemental input and advice on all such matters, and if appropriate and possible, shall request reconsideration of any material matters as to which his participation would have affected the result of actions taken. (D) In the event that Xx. Xxxxx misses three (3) of the regular monthly meetings of DELTA board of directors, or three (3) consecutive special meetings of the board of directors, or three (3) consecutive meetings of any committee to which he has been appointed or elected, Xx. Xxxxx will be deemed to have resigned from the board of directors prior to the expiration of the term of this Agreement based on an inability to dedicate required time to the affairs of DELTA, and this Agreement shall be presumptively be deemed the instrument of such resignation. (E) Xx. Xxxxx shall be responsible, together with the other members of the board of directors, for review and approval prior to filing of all data that DELTA is required to file with the Commission, with the United States Internal Revenue Service (the “Service”) and with comparable state and local agencies. (F) If serving as a member of the regulatory affairs or audit committees, Xx. Xxxxx shall be responsible for using reasonable efforts to assist its chairman to assure that DELTA and all of its subsidiaries develop and implement information gathering, retention and transmittal procedures that comply with all applicable legal and auditing requirements, that DELTA and its subsidiaries promptly transmit required data to DELTA auditors and legal counsel and that DELTA auditors and legal counsel prepare and pass upon materials that DELTA is required to file with the Commission or the Service, on a timely basis, adequate for review, comment and correction by all appropriate personnel, including management of DELTA and its subsidiaries, as well as the members of their boards of directors, attorneys and advisors, at least three business days prior to the legally mandated filing dates. (G) If serving as a member of the audit committee, Xx. Xxxxx shall be responsible, together with the other members of the audit committee, for suggesting auditor candidates to DELTA board of directors and stockholders and for rejecting any auditors that any member of the audit committee deems unsatisfactory based on their qualifications, reputation, prices or geographic location, provided that such member must specify in writing all reasons for such rejection and the committee, voting as a whole, must pass upon such rejection by majority vote, forwarding such result to the board of directors for appropriate action.

Performance and Attendance. (A) Xx. Xxxxx Xxxxxx will serve on DELTA board of directors using his best efforts on behalf of DELTA and its stockholders. (B) Xx. Xxxxx Xxxxxx shall use his best efforts to participate in a timely manner in all meetings of DELTA board of directors or of committees thereof to which he she has been appointed or elected, and if unavailable in person, to make arrangements to participate by teleconference or any legally available means. (C) In the event that Xx. Xxxxx Xxxxxx fails to participate in a meeting of DELTA board of directors or of committees thereof to which he has been appointed or elected, Xx. Xxxxx Xxxxxx shall promptly acquaint himself with all matters transacted at such meeting and if practical, shall provide the board of directors or committee involved with supplemental input and advice on all such matters, and if appropriate and possible, shall request reconsideration of any material matters as to which his participation would have affected the result of actions taken. (D) In the event that Xx. Xxxxx Xxxxxx misses three (3) of the regular monthly meetings of DELTA board of directors, or three (3) consecutive special meetings of the board of directors, or three (3) consecutive meetings of any committee to which he she has been appointed or elected, Xx. Xxxxx Xxxxxx will be deemed to have resigned from the board of directors prior to the expiration of the term of this Agreement based on an inability to dedicate required time to the affairs of DELTA, and this Agreement shall be presumptively be deemed the instrument of such resignation. (E) Xx. Xxxxx Xxxxxx shall be responsible, together with the other members of the board of directors, for review and approval prior to filing of all data that DELTA is required to file with the Commission, with the United States Internal Revenue Service (the “Service”) and with comparable state and local agencies. (F) If serving as a member of the regulatory affairs or audit committees, Xx. Xxxxx Xxxxxx shall be responsible for using reasonable efforts to assist its chairman to assure that DELTA and all of its subsidiaries develop and implement information gathering, retention and transmittal procedures that comply with all applicable legal and auditing requirements, that DELTA and its subsidiaries promptly transmit required data to DELTA auditors and legal counsel and that DELTA auditors and legal counsel prepare and pass upon materials that DELTA is required to file with the Commission or the Service, on a timely basis, adequate for review, comment and correction by all appropriate personnel, including management of DELTA and its subsidiaries, as well as the members of their boards of directors, attorneys and advisors, at least three business days prior to the legally mandated filing dates. (G) If serving as a member of the audit committee, Xx. Xxxxx Xxxxxx shall be responsible, together with the other members of the audit committee, for suggesting auditor candidates to DELTA board of directors and stockholders and for rejecting any auditors that any member of the audit committee deems unsatisfactory based on their qualifications, reputation, prices or geographic location, provided that such member must specify in writing all reasons for such rejection and the committee, voting as a whole, must pass upon such rejection by majority vote, forwarding such result to the board of directors for appropriate action.

Performance and Attendance. (A) Xx. Xxxxx Nxxxxx will serve on DELTA board Puget’s Board of directors Advisors and on such committees of Puget’s Board of Advisors as to which he is appointed and will discharge his duties thereunder in good faith, using his best efforts on behalf of DELTA Puget and its stockholders. (B) Xx. Xxxxx Nxxxxx shall use his best efforts to participate in a timely manner in all meetings of DELTA board Puget’s Board of directors Advisors or of committees thereof to which he has been appointed or elected, and if unavailable in person, to make arrangements to participate by teleconference or any other legally available means. (C) In the event that Xx. Xxxxx Nxxxxx fails to participate in a meeting of DELTA board Puget’s Board of directors Advisors or of committees thereof to which he has been appointed or elected, Xx. Xxxxx Nxxxxx shall promptly acquaint himself with all matters transacted at such meeting and if practical, shall provide the board Board of directors Advisors or committee involved with supplemental input and advice on all such matters, matters and if appropriate and possible, shall request reconsideration of any material matters as to which his participation would have affected the result of actions taken. (D) In the event that Xx. Xxxxx Nxxxxx misses three (3) more than 20% of the regular monthly meetings of DELTA board Puget’s Board of directors, Advisors or three (3) consecutive special meetings of the board of directors, or three (3) consecutive meetings of any committee committees thereof to which he has been appointed or elected, Xx. Xxxxx will Nxxxxx will, at the option of Puget’s board of directors, be deemed presumed to have resigned from the board Board of directors Advisors prior to the expiration of the term of this Agreement based on an inability to dedicate required time to the affairs of DELTA, Puget and this Agreement shall be presumptively be deemed the instrument of such resignation. (E) Xx. Xxxxx shall be responsible, together with the other members of the board of directors, for review and approval prior to filing of all data that DELTA is required to file with the Commission, with the United States Internal Revenue Service (the “Service”) and with comparable state and local agencies. (F) If serving as a member of the regulatory affairs or audit committees, Xx. Xxxxx shall be responsible for using reasonable efforts to assist its chairman to assure that DELTA and all of its subsidiaries develop and implement information gathering, retention and transmittal procedures that comply with all applicable legal and auditing requirements, that DELTA and its subsidiaries promptly transmit required data to DELTA auditors and legal counsel and that DELTA auditors and legal counsel prepare and pass upon materials that DELTA is required to file with the Commission or the Service, on a timely basis, adequate for review, comment and correction by all appropriate personnel, including management of DELTA and its subsidiaries, as well as the members of their boards of directors, attorneys and advisors, at least three business days prior to the legally mandated filing dates. (G) If serving as a member of the audit committee, Xx. Xxxxx shall be responsible, together with the other members of the audit committee, for suggesting auditor candidates to DELTA board of directors and stockholders and for rejecting any auditors that any member of the audit committee deems unsatisfactory based on their qualifications, reputation, prices or geographic location, provided that such member must specify in writing all reasons for such rejection and the committee, voting as a whole, must pass upon such rejection by majority vote, forwarding such result to the board of directors for appropriate action.

Performance and Attendance. (A) Xx. Xxxxx Mr. Freeman will serve on DELTA board of directors boaxx xx xxxxxtors using his best efforts on behalf of DELTA and its stockholders. (B) Xx. Xxxxx Mr. Freeman shall use his best efforts to participate effoxxx xx xxxxicipate in a timely manner in all meetings of DELTA board of directors or of committees thereof to which he she has been appointed or elected, and if unavailable in person, to make arrangements to participate by teleconference or any legally available means. (C) In the event that Xx. Xxxxx Mr. Freeman fails to participate in a meeting x xxxxxxx of DELTA board of directors or of committees thereof to which he has been appointed or elected, Xx. Xxxxx Mr. Freeman shall promptly acquaint himself with xxxxxxx xxth all matters transacted at such meeting and if practical, shall provide the board of directors or committee involved with supplemental input and advice on all such matters, and if appropriate and possible, shall request reconsideration of any material matters as to which his participation would have affected the result of actions taken. (D) In the event that Xx. Xxxxx Mr. Freeman misses three (3) of the regular monthly xxxxxxx xxnthly meetings of DELTA board of directors, or three (3) consecutive special meetings of the board of directors, or three (3) consecutive meetings of any committee to which he she has been appointed or elected, Xx. Xxxxx Mr. Freeman will be deemed to have resigned from xxxxxxxx xxom the board of directors prior to the expiration of the term of this Agreement based on an inability to dedicate required time to the affairs of DELTA, and this Agreement shall be presumptively be deemed the instrument of such resignation. (E) Xx. Xxxxx Mr. Freeman shall be responsible, together with txxxxxxx xxxh the other members of the board of directors, for review and approval prior to filing of all data that DELTA is required to file with the Commission, with the United States Internal Revenue Service (the “"Service”") and with comparable state and local agencies. (F) If serving as a member of the regulatory affairs or audit committees, Xx. Xxxxx Mr. Freeman shall be responsible for using reasonable fox xxxxx xxxsonable efforts to assist its chairman to assure that DELTA and all of its subsidiaries develop and implement information gathering, retention and transmittal procedures that comply with all applicable legal and auditing requirements, that DELTA and its subsidiaries promptly transmit required data to DELTA auditors and legal counsel and that DELTA auditors and legal counsel prepare and pass upon materials that DELTA is required to file with the Commission or the Service, on a timely basis, adequate for review, comment and correction by all appropriate personnel, including management of DELTA and its subsidiaries, as well as the members of their boards of directors, attorneys and advisors, at least three business days prior to the legally mandated filing dates. (G) If serving as a member of the audit committee, Xx. Xxxxx Mr. Freeman shall be responsible, together with txxxxxxx xxxh the other members of the audit committee, for suggesting auditor candidates to DELTA board of directors and stockholders and for rejecting any auditors that any member of the audit committee deems unsatisfactory based on their qualifications, reputation, prices or geographic location, provided that such member must specify in writing all reasons for such rejection and the committee, voting as a whole, must pass upon such rejection by majority vote, forwarding such result to the board of directors for appropriate action.

Performance and Attendance. (A) XxXxx. Xxxxx Xxxxxxx will serve on DELTA Explorations' board of directors, on Explorations' audit committee, as chairman, on Explorations' regulatory affairs committees, or on such committees of Explorations' board of directors as to which she is appointed and will discharge her duties thereunder in good faith, using his her best efforts on behalf of DELTA Explorations and its stockholders. (B) XxXxx. Xxxxx Xxxxxxx shall use his her best efforts to participate in a timely manner in all meetings of DELTA Explorations' board of directors or of committees thereof to which he she has been appointed or elected, and if unavailable in person, to make arrangements to participate by teleconference or any other legally available means. (C) In the event that XxXxx. Xxxxx Xxxxxxx fails to participate in a meeting of DELTA Explorations' board of directors or of committees thereof to which he she has been appointed or elected, XxXxx. Xxxxx Xxxxxxx shall promptly acquaint himself with all matters transacted at such meeting and if practical, shall provide the board of directors or committee involved with supplemental input and advice on all such matters, and if appropriate and possible, shall request reconsideration of any material matters as to which his her participation would have affected the result of actions taken. (D) In the event that XxXxx. Xxxxx Xxxxxxx misses three (3) of the regular monthly meetings of DELTA Explorations' board of directors, or three (3) consecutive special meetings of the board of directors, or three (3) consecutive meetings of any committee to which he she has been appointed or elected, XxXxx. Xxxxx Xxxxxxx will be deemed to have resigned from the board of directors prior to the expiration of the term of this Agreement based on an inability to dedicate required time to the affairs of DELTAExplorations, and this Agreement shall be presumptively be deemed the instrument of such resignation.. Explorations Group, Inc. Agreement to Serve as Director - 3 (E) XxXxx. Xxxxx Xxxxxxx shall be responsible, together with the other members of the board of directors, for review and approval prior to filing of all data that DELTA Explorations is required to file with the Commission, with the United States Internal Revenue Service (the “"Service”") and with comparable state and local agencies. (F) If serving as a member of the regulatory affairs or audit committees, XxXxx. Xxxxx Xxxxxxx shall be responsible for using reasonable efforts to assist its chairman to assure that DELTA Explorations and all of its subsidiaries develop and implement information gathering, retention and transmittal procedures that comply with all applicable legal and auditing requirements, that DELTA Explorations and its subsidiaries promptly transmit required data to DELTA Explorations' auditors and legal counsel and that DELTA Explorations' auditors and legal counsel prepare and pass upon materials that DELTA Explorations is required to file with the Commission or the Service, on a timely basis, adequate for review, comment and correction by all appropriate personnel, including management of DELTA Explorations and its subsidiaries, as well as the members of their boards of directors, attorneys and advisors, at least three business days prior to the legally mandated filing dates. (G) If serving as a member of the audit committee, XxXxx. Xxxxx Xxxxxxx shall be responsible, together with the other members of the audit committee, for suggesting auditor candidates to DELTA Explorations' board of directors and stockholders and for rejecting any auditors that any member of the audit committee deems unsatisfactory based on their qualifications, reputation, prices or geographic location, provided that such member must specify in writing all reasons for such rejection and the committee, voting as a whole, must pass upon such rejection by majority vote, forwarding such result to the board of directors for appropriate action.

Performance and Attendance. (A) Xx. Xxxxx Mr. Collins will serve on DELTA board of directors FAMOUS boxxx xx xxxxctors using his best efforts on behalf of DELTA FAMOUS and its stockholders. (B) Xx. Xxxxx Mr. Collins shall use his best efforts to participate effoxxx xx xxxxicipate in a timely manner in all meetings of DELTA FAMOUS board of directors or of committees thereof to which he has been appointed or elected, and if unavailable in person, to make arrangements to participate by teleconference or any legally available means. (C) In the event that Xx. Xxxxx Mr. Collins fails to participate in a meeting x xxxxxxx of DELTA FAMOUS board of directors or of committees thereof to which he has been appointed or elected, Xx. Xxxxx Mr. Collins shall promptly acquaint himself with xxxxxxx xxth all matters transacted at such meeting and if practical, shall provide the board of directors or committee involved with supplemental input and advice on all such matters, and if appropriate and possible, shall request reconsideration of any material matters as to which his participation would have affected the result of actions taken. (D) In the event that Xx. Xxxxx Mr. Collins misses three (3) of the regular monthly xxxxxxx xxnthly meetings of DELTA FAMOUS board of directors, or three (3) consecutive special meetings of the board of directors, or three (3) consecutive meetings of any committee to which he she has been appointed or elected, Xx. Xxxxx Mr. Collins will be deemed to have resigned from xxxxxxxx xxom the board of directors prior to the expiration of the term of this Agreement based on an inability to dedicate required time to the affairs of DELTAFAMOUS, and this Agreement shall be presumptively be deemed the instrument of such resignation. (E) Xx. Xxxxx Mr. Collins shall be responsible, together with txxxxxxx xxxh the other members of the board of directors, for review and approval prior to filing of all data that DELTA FAMOUS is required to file with the Commission, with the United States Internal Revenue Service (the “"Service”") and with comparable state and local agencies. (F) If serving as a member of the regulatory affairs or audit committees, Xx. Xxxxx Mr. Collins shall be responsible for using reasonable fox xxxxx xxxsonable efforts to assist its chairman to assure that DELTA FAMOUS and all of its subsidiaries develop and implement information gathering, retention and transmittal procedures that comply with all applicable legal and auditing requirements, that DELTA FAMOUS and its subsidiaries promptly transmit required data to DELTA FAMOUS auditors and legal counsel and that DELTA FAMOUS auditors and legal counsel prepare and pass upon materials that DELTA FAMOUS is required to file with the Commission or the Service, on a timely basis, adequate for review, comment and correction by all appropriate personnel, including management of DELTA FAMOUS and its subsidiaries, as well as the members of their boards of directors, attorneys and advisors, at least three business days prior to the legally mandated filing dates. (G) If serving as a member of the audit committee, Xx. Xxxxx Mr. Collins shall be responsible, together with txxxxxxx xxxh the other members of the audit committee, for suggesting auditor candidates to DELTA FAMOUS board of directors and stockholders and for rejecting any auditors that any member of the audit committee deems unsatisfactory based on their qualifications, reputation, prices or geographic location, provided that such member must specify in writing all reasons for such rejection and the committee, voting as a whole, must pass upon such rejection by majority vote, forwarding such result to the board of directors for appropriate action.

Performance and Attendance. (A) Xx. Xxxxx Mr. Freeman will serve on DELTA board of directors TNPS boarx xx xxxxxxors using his best efforts on behalf of DELTA TNPS and its stockholders. (B) Xx. Xxxxx Mr. Freeman shall use his best efforts to participate effoxxx xx xxxxicipate in a timely manner in all meetings of DELTA TNPS board of directors or of committees thereof to which he has been appointed or elected, and if unavailable in person, to make arrangements to participate by teleconference or any legally available means. (C) In the event that Xx. Xxxxx Mr. Freeman fails to participate in a meeting x xxxxxxx of DELTA TNPS board of directors or of committees thereof to which he has been appointed or elected, Xx. Xxxxx Mr. Freeman shall promptly acquaint himself with xxxxxxx xxth all matters transacted at such meeting and if practical, shall provide the board of directors or committee involved with supplemental input and advice on all such matters, and if appropriate and possible, shall request reconsideration of any material matters as to which his participation would have affected the result of actions taken. (D) In the event that Xx. Xxxxx Mr. Freeman misses three (3) of the regular monthly xxxxxxx xxnthly meetings of DELTA TNPS board of directors, or three (3) consecutive special meetings of the board of directors, or three (3) consecutive meetings of any committee to which he she has been appointed or elected, Xx. Xxxxx Mr. Freeman will be deemed to have resigned from xxxxxxxx xxom the board of directors prior to the expiration of the term of this Agreement based on an inability to dedicate required time to the affairs of DELTATNPS, and this Agreement shall be presumptively be deemed the instrument of such resignation. (E) Xx. Xxxxx Mr. Freeman shall be responsible, together with txxxxxxx xxxh the other members of the board of directors, for review and approval prior to filing of all data that DELTA TNPS is required to file with the Commission, with the United States Internal Revenue Service (the “"Service”") and with comparable state and local agencies. (F) If serving as a member of the regulatory affairs or audit committees, Xx. Xxxxx Mr. Freeman shall be responsible for using reasonable fox xxxxx xxxsonable efforts to assist its chairman to assure that DELTA TNPS and all of its subsidiaries develop and implement information gathering, retention and transmittal procedures that comply with all applicable legal and auditing requirements, that DELTA TNPS and its subsidiaries promptly transmit required data to DELTA TNPS auditors and legal counsel and that DELTA TNPS auditors and legal counsel prepare and pass upon materials that DELTA TNPS is required to file with the Commission or the Service, on a timely basis, adequate for review, comment and correction by all appropriate personnel, including management of DELTA TNPS and its subsidiaries, as well as the members of their boards of directors, attorneys and advisors, at least three business days prior to the legally mandated filing dates. (G) If serving as a member of the audit committee, Xx. Xxxxx Mr. Freeman shall be responsible, together with txxxxxxx xxxh the other members of the audit committee, for suggesting auditor candidates to DELTA TNPS board of directors and stockholders and for rejecting any auditors that any member of the audit committee deems unsatisfactory based on their qualifications, reputation, prices or geographic location, provided that such member must specify in writing all reasons for such rejection and the committee, voting as a whole, must pass upon such rejection by majority vote, forwarding such result to the board of directors for appropriate action.

Performance and Attendance. (A) Xx. Xxxxx The Director Nominee will serve on DELTA Puget’s board of directors and on such committees of Puget’s board of directors as to which he or she is appointed and will discharge his or her duties thereunder in good faith, using his or her best efforts on behalf of DELTA Puget and its stockholders. (B) Xx. Xxxxx The Director Nominee shall use his or her best efforts to participate in a timely manner in all meetings of DELTA Puget’s board of directors or of committees thereof to which he or she has been appointed or elected, and if unavailable in person, to make arrangements to participate by teleconference or any other legally available means. (C) In the event that Xx. Xxxxx the Director Nominee fails to participate in a meeting of DELTA Puget’s board of directors or of committees thereof to which he or she has been appointed or elected, Xx. Xxxxx the Director Nominee shall promptly acquaint himself or herself with all matters transacted at such meeting and if practical, shall provide the board of directors or committee involved with supplemental input and advice on all such matters, matters and if appropriate and possible, shall request reconsideration of any material matters as to which his or her participation would have affected the result of actions taken. (D) In the event that Xx. Xxxxx the Director Nominee misses three (3) more than 20% of the regular monthly meetings of DELTA Puget’s board of directors, directors or three (3) consecutive special meetings of the board of directors, or three (3) consecutive meetings of any committee committees thereof to which he or she has been appointed or elected, Xx. Xxxxx will the Director Nominee will, at the option of Puget’s board of directors, be deemed presumed to have resigned from the board of directors prior to the expiration of the term of this Agreement based on an inability to dedicate required time to the affairs of DELTA, Puget and this Agreement shall be presumptively be deemed the instrument of such resignation. (E) Xx. Xxxxx The Director Nominee shall be responsible, together with the other members of the board of directors, for review and approval prior to filing of all data that DELTA Puget is required to file with the Commission, with FINRA, with the United States Internal Revenue Service (the “Service”) and with comparable state and local agencies. (F) If serving as a member of the regulatory affairs or audit committees, Xx. Xxxxx the Director Nominee shall be responsible for using reasonable efforts to assist its chairman to assure that DELTA Puget and all of its subsidiaries develop and implement information gathering, retention and transmittal procedures that comply with all applicable legal and auditing requirements, that DELTA Puget and its subsidiaries promptly transmit required data to DELTA Puget’s auditors and legal counsel and that DELTA Puget’s auditors and legal counsel prepare and pass upon materials that DELTA Puget is required to file with the Commission Commission, FINRA or the Service, on a timely basis, adequate for review, comment and correction by all appropriate personnel, including management of DELTA Puget and its subsidiaries, as well as the members of their boards of directors, attorneys and advisors, at least three business days prior to the legally mandated filing dates. (G) If serving as a member of the audit committee, Xx. Xxxxx the Director Nominee shall be responsible, together with the other members of the audit committee, for suggesting auditor candidates to DELTA Puget’s board of directors and stockholders in compliance with applicable requirements of the PCAOB and for rejecting any auditors that any member of the audit committee deems unsatisfactory based on their qualifications, reputation, prices or geographic location, provided that such member must specify in writing writing, all reasons for such rejection and the committee, voting as a whole, must pass upon such rejection by majority vote, forwarding such result to the board of directors for appropriate action.

Performance and Attendance. (A) Xx. Xxxxx The Director will serve on DELTA PUGET’s board of directors and on such committees of PUGET’s board of directors as to which he or she is appointed and will discharge his or her duties thereunder in good faith, using his or her best efforts on behalf of DELTA PUGET and its stockholders. (B) Xx. Xxxxx The Director shall use his or her best efforts to participate in a timely manner in all meetings of DELTA PUGET’s board of directors or of committees thereof to which he or she has been appointed or elected, and if unavailable in person, to make arrangements to participate by teleconference or any other legally available means. (C) In the event that Xx. Xxxxx the Director fails to participate in a meeting of DELTA PUGET’s board of directors or of committees thereof to which he or she has been appointed or elected, Xx. Xxxxx the Director shall promptly acquaint himself with all matters transacted at such meeting and if practical, shall provide the board of directors or committee involved with supplemental input and advice on all such matters, matters and if appropriate and possible, shall request reconsideration of any material matters as to which his or her participation would have affected the result of actions taken. (D) In the event that Xx. Xxxxx the Director misses three (3) more than 20% of the regular monthly meetings of DELTA PUGET’s board of directors, directors or three (3) consecutive special meetings of the board of directors, or three (3) consecutive meetings of any committee committees thereof to which he or she has been appointed or elected, Xx. Xxxxx will the Director will, at the option of PUGET’s board of directors, be deemed presumed to have resigned from the board of directors prior to the expiration of the term of this Agreement based on an inability to dedicate required time to the affairs of DELTA, PUGET and this Agreement shall be presumptively be deemed the instrument of such resignation. (E) Xx. Xxxxx The Director shall be responsible, together with the other members of the board of directors, for review and approval prior to filing of all data that DELTA PUGET is required to file with the Commission, with FINRA, with the United States Internal Revenue Service (the “Service”) and with comparable state and local agencies. (F) If serving as a member of the regulatory affairs or audit committees, Xx. Xxxxx shall be responsible for using reasonable efforts to assist its chairman to assure that DELTA and all of its subsidiaries develop and implement information gathering, retention and transmittal procedures that comply with all applicable legal and auditing requirements, that DELTA and its subsidiaries promptly transmit required data to DELTA auditors and legal counsel and that DELTA auditors and legal counsel prepare and pass upon materials that DELTA is required to file with the Commission or the Service, on a timely basis, adequate for review, comment and correction by all appropriate personnel, including management of DELTA and its subsidiaries, as well as the members of their boards of directors, attorneys and advisors, at least three business days prior to the legally mandated filing dates. (G) If serving as a member of the audit committee, Xx. Xxxxx shall be responsible, together with the other members of the audit committee, for suggesting auditor candidates to DELTA board of directors and stockholders and for rejecting any auditors that any member of the audit committee deems unsatisfactory based on their qualifications, reputation, prices or geographic location, provided that such member must specify in writing all reasons for such rejection and the committee, voting as a whole, must pass upon such rejection by majority vote, forwarding such result to the board of directors for appropriate action.

Performance and Attendance. (A) Xx. Xxxxx Mr. _____ will serve on DELTA Pop Starz Records board of directors using his best efforts on behalf of DELTA Pop Starz Records and its stockholders. (B) Xx. Xxxxx Mr. _____ shall use his best efforts to participate in a timely manner in all meetings of DELTA Pop Starz Records board of directors or of committees thereof to which he has been appointed or elected, and if unavailable in person, to make arrangements to participate by teleconference or any legally available means. (C) In the event that Xx. Xxxxx Mr. _____ fails to participate in a meeting of DELTA Pop Starz Records board of directors or of committees thereof to which he has been appointed or elected, Xx. Xxxxx Mr. _____ shall promptly acquaint himself with all matters transacted at such meeting and if practical, shall provide the board of directors or committee involved with supplemental input and advice on all such matters, and if appropriate and possible, shall request reconsideration of any material matters as to which his participation would have affected the result of actions taken. (D) In the event that Xx. Xxxxx Mr. _____ misses three (3) of the regular monthly meetings of DELTA Pop Starz Records board of directors, or three (3) consecutive special meetings of the board of directors, or three (3) consecutive meetings of any committee to which he has been appointed or elected, Xx. Xxxxx Mr. _____ will be deemed to have resigned from the board of directors prior to the expiration of the term of this Agreement based on an inability to dedicate required time to the affairs of DELTAPop Starz Records, and this Agreement shall be presumptively be deemed the instrument of such resignation. (E) Xx. Xxxxx Mr. _____ shall be responsible, together with the other members of the board of directors, for review and approval prior to filing of all data that DELTA Pop Starz Records is required to file with the Commission, with the United States Internal Revenue Service (the “"Service”") and with comparable state and local agencies. (F) If serving as a member of the regulatory affairs or audit committees, Xx. Xxxxx Mr. _____ shall be responsible for using reasonable efforts to assist its chairman to assure that DELTA Pop Starz Records and all of its subsidiaries develop and implement information gathering, retention and transmittal procedures that comply with all applicable legal and auditing requirements, that DELTA Pop Starz Records and its subsidiaries promptly transmit required data to DELTA Pop Starz Records auditors and legal counsel and that DELTA Pop Starz Records auditors and legal counsel prepare and pass upon materials that DELTA Pop Starz Records is required to file with the Commission or the Service, on a timely basis, adequate for review, comment and correction by all appropriate personnel, including management of DELTA Pop Starz Records and its subsidiaries, as well as the members of their boards of directors, attorneys and advisors, at least three business days prior to the legally mandated filing dates. (G) If serving as a member of the audit committee, Xx. Xxxxx Mr. _____ shall be responsible, together with the other members of the audit committee, for suggesting auditor candidates to DELTA Pop Starz Records board of directors and stockholders and for rejecting any auditors that any member of the audit committee deems unsatisfactory based on their qualifications, reputation, prices or geographic location, provided that such member must specify in writing all reasons for such rejection and the committee, voting as a whole, must pass upon such rejection by majority vote, forwarding such result to the board of directors for appropriate action.

Performance and Attendance. (A) XxXxx. Xxxxx Xxxxxxx will serve on DELTA Explorations' board of directors, on Explorations' audit committee, as chairman, on Explorations' regulatory affairs committees, or on such committees of Explorations' board of directors as to which she is appointed and will discharge her duties thereunder in good faith, using his her best efforts on behalf of DELTA Explorations and its stockholders. (B) XxXxx. Xxxxx Xxxxxxx shall use his her best efforts to participate in a timely manner in all meetings of DELTA Explorations' board of directors or of committees thereof to which he she has been appointed or elected, and if unavailable in person, to make arrangements to participate by teleconference or any other legally available means. (C) In the event that XxXxx. Xxxxx Xxxxxxx fails to participate in a meeting of DELTA Explorations' board of directors or of committees thereof to which he she has been appointed or elected, XxXxx. Xxxxx Xxxxxxx shall promptly acquaint himself with all matters transacted at such meeting and if practical, shall provide the board of directors or committee involved with supplemental input and advice on all such matters, and if appropriate and possible, shall request reconsideration of any material matters as to which his her participation would have affected the result of actions taken. (D) In the event that XxXxx. Xxxxx Xxxxxxx misses three (3) of the regular monthly meetings of DELTA Explorations' board of directors, or three (3) consecutive special meetings of the board of directors, or three (3) consecutive meetings of any committee to which he she has been appointed or elected, XxXxx. Xxxxx Xxxxxxx will be deemed to have resigned from the board of directors prior to the expiration of the term of this Agreement based on an inability to dedicate required time to the affairs of DELTAExplorations, and this Agreement shall be presumptively be deemed the instrument of such resignation. (E) Xx. Xxxxx shall be responsibleExplorations Group, together with the other members of the board of directors, for review and approval prior Inc. Agreement to filing of all data that DELTA is required to file with the Commission, with the United States Internal Revenue Service (the “Service”) and with comparable state and local agencies. (F) If serving Serve as a member of the regulatory affairs or audit committees, Xx. Xxxxx shall be responsible for using reasonable efforts to assist its chairman to assure that DELTA and all of its subsidiaries develop and implement information gathering, retention and transmittal procedures that comply with all applicable legal and auditing requirements, that DELTA and its subsidiaries promptly transmit required data to DELTA auditors and legal counsel and that DELTA auditors and legal counsel prepare and pass upon materials that DELTA is required to file with the Commission or the Service, on a timely basis, adequate for review, comment and correction by all appropriate personnel, including management of DELTA and its subsidiaries, as well as the members of their boards of directors, attorneys and advisors, at least three business days prior to the legally mandated filing dates. (G) If serving as a member of the audit committee, Xx. Xxxxx shall be responsible, together with the other members of the audit committee, for suggesting auditor candidates to DELTA board of directors and stockholders and for rejecting any auditors that any member of the audit committee deems unsatisfactory based on their qualifications, reputation, prices or geographic location, provided that such member must specify in writing all reasons for such rejection and the committee, voting as a whole, must pass upon such rejection by majority vote, forwarding such result to the board of directors for appropriate action.Director - 3