Common use of Position and Term of Employment Clause in Contracts

Position and Term of Employment. Executive's employment hereunder shall commence as of January 1, 1999 and shall end December 31, 2001, unless terminated sooner pursuant to Section 7 of this Agreement or extended by the mutual agreement of the parties. During the term hereof, Executive shall be employed as Executive Vice President, General Counsel and Chief Administrative Officer of the Company and shall devote his full business time, skill, attention and best efforts in carrying out his duties and promoting the best interests of the Company. Executive shall also serve as a director and/or officer of one or more of the Company's subsidiaries as may be requested from time to time by the Board of Directors. Subject always to the instructions and control of the Board of Directors of the Company, Executive shall report to the Chief Executive Officer of the Company and shall be responsible for the day-to-day administrative affairs of the Company. Executive shall not at any time while employed by the Company or any of its affiliates (as defined in the Severance Protection Agreement between the Company and Executive dated as of March 1, 1996, as amended by an Amendment dated as of January 1, 1999, (the "SPA")), without the prior consent of the Board of Directors, knowingly acquire any financial interests, directly or indirectly, in or perform any services for or on behalf of any business, person or enterprise which undertakes any business in substantial competition with 2 the business of the Company and its affiliates or sells to or buys from or otherwise transacts business with the Company and its affiliates; provided that Executive may acquire and own not more than five percent (5%) of the outstanding capital stock of any public corporation which sells or buys from or otherwise transacts business with the Company and its affiliates.

Position and Term of Employment. Executive's employment hereunder shall commence as of January 123, 1999 2006, and shall end December 31, 20012008, unless terminated sooner pursuant to Section 7 of this Agreement or extended by the mutual agreement of the parties. During the term hereof, Executive shall be employed as the Executive Vice President, General Counsel President and Chief Administrative Financial Officer of the Company and shall devote his full business time, skill, attention and best efforts in carrying out his duties and promoting the best interests of the Company. Executive shall also serve as a director and/or officer of one or more of the Company's subsidiaries as may be requested from time to time by the Board of Directors. Subject always to the instructions and control of the Board of Directors of the Company, Executive shall report to the Chief Executive Officer of the Company and shall be responsible for the day-to-day administrative to day financial affairs of the company and for the development of the Company's short and long term financial plans. Executive shall not at any time while employed by the Company or any of its affiliates (as defined in the Severance Protection Agreement between the Company and Executive dated as of March 1January 23, 1996, as amended by an Amendment dated as of January 1, 19992006, (the "SPA"), incorporated in this Agreement by this reference), without the prior consent of the Board of Directors, knowingly acquire any financial interests, directly or indirectly, in or perform any services for or on behalf of any business, person or enterprise which undertakes any business in substantial competition with 2 the business of the Company and its affiliates or sells to or buys from or otherwise transacts business with the Company and its affiliates; provided that Executive may acquire and own not more than five percent (5%) a de minimus amount of the outstanding capital stock of any public corporation which sells or buys from or otherwise transacts business with the Company and its affiliates.

Position and Term of Employment. Executive's ’s employment hereunder shall commence as of January 1October 14, 1999 2003, and shall end December 31, 20012005, unless terminated sooner pursuant to Section 7 of this Agreement or extended by the mutual agreement of the parties. During the term hereof, Executive shall be employed as Executive Vice President, General Counsel President and Chief Administrative Operating Officer of the Company and shall devote his full business time, skill, attention and best efforts in carrying out his duties and promoting the best interests of the Company. Executive shall also serve as a director and/or officer of one or more of the Company's ’s subsidiaries as may be requested from time to time by the Board of Directors. Subject always to the instructions and control of the Board of Directors of the Company, Executive shall report to the Chief Executive Officer of the Company and shall be responsible for the day-to-day administrative affairs operations of the Company and implementation of the Company’s short and long-range operating and capital plans. Executive shall not at any time while employed by the Company or any of its affiliates (as defined in the Amended and Restated Severance Protection Agreement between the Company and Executive dated as of March 1October 14, 1996, as amended by an Amendment dated as of January 1, 19992003, (the "“SPA"”), incorporated herein by this reference), without the prior consent of the Board of Directors, knowingly acquire any financial interests, directly or indirectly, in or perform any services for or on behalf of any business, person or enterprise which undertakes any business in substantial competition with 2 the business of the Company and its affiliates or sells to or buys from or otherwise transacts business with the Company and its affiliates; provided that Executive may acquire and own not more than five percent (5%) of the outstanding capital stock of any public corporation which sells or buys from or otherwise transacts business with the Company and its affiliates.

Position and Term of Employment. Executive's employment hereunder shall commence as of January 1, 1999 2002, and shall end December 31, 20012004, unless terminated sooner pursuant to Section 7 of this Agreement or extended by the mutual agreement of the parties. During the term hereof, Executive shall be employed as Executive Vice President, General Counsel and Chief Administrative Officer of the Company and shall devote his full business time, skill, attention and best efforts in carrying out his duties and promoting the best interests of the Company. Executive shall also serve as a director and/or officer of one or more of the Company's subsidiaries as may be requested from time to time by the Board of Directors. Subject always to the instructions and control of the Board of Directors of the Company, Executive shall report to the Chief Executive Officer of the Company and shall be responsible for all legal matters and for the day-to-day administrative affairs of the Company. Executive shall not at any time while employed by the Company or any of its affiliates (as defined in the Amended and Restated Severance Protection Agreement between the Company and Executive dated as of March 1, 1996, as amended by an Amendment dated as of January 1, 19992002, (the "SPA"), incorporated herein by this reference), without the prior consent of the Board of Directors, knowingly acquire any financial interests, directly or indirectly, in or perform any services for or on behalf of any business, person or enterprise which undertakes any business in substantial competition with 2 the business of the Company and its affiliates or sells to or buys from or otherwise transacts business with the Company and its affiliates; provided that Executive may acquire and own not more than five percent (5%) of the outstanding capital stock of any public corporation which sells or buys from or otherwise transacts business with the Company and its affiliates.