Position, Duties and Authority. (a) During the Employment Term, Executive shall serve as Executive Vice President and the Company’s Chief Investment Officer. In such position, Executive shall report directly to, and only to, the Chief Executive Officer of the Company or such other officer identified by the Board of Directors of the Company (the “Board”) from time to time, and shall have such duties, functions, responsibilities and authority as shall be determined from time to time by the Chief Executive Officer or other officer identified by the Chief Executive Officer (subject to Board approval). Effective as of the Effective Date, Executive shall be appointed to serve as a member of the Board without additional compensation. Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with the performance of his duties. (b) During the Employment Term, Executive will devote substantially all of his business time and reasonable best efforts (except for permitted vacation periods and reasonable periods of illness or incapacity) to the business and affairs of the Company and will not engage in any other business, profession or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere with the rendition of such services either directly or indirectly; provided that nothing herein shall preclude Executive from (i) managing personal and family investments, (ii) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board (such approval not to be unreasonably withheld) (x) accepting appointment to serve on any board of directors or trustees of any business corporation, or (y) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizations; provided, however, that any such activities as described in (i) and (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with this Agreement or conflict with Section 6. “Schedule A Services” means those services performed for one or more of the entities set forth on Schedule A hereto (the “Schedule A Entities”); provided, however, that with respect to single family homes, such services shall be limited to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”).
Appears in 2 contracts
Samples: Employment Agreement (Invitation Homes Inc.), Employment Agreement (Invitation Homes Inc.)
Position, Duties and Authority. (a) During the Employment TermTerm (as defined below), Executive Employee shall serve as Executive Vice President and the Company’s Chief Investment Officer. In such position, Executive shall report directly to, and only to, the Chief Executive Officer of the Company or Employer. In such other officer identified capacity, Employee shall have such responsibilities, duties and authority (collectively “functions”) as may, from time to time, be assigned by the Employer’s Board of Directors of the Company (the “Board”) from time ); provided, such functions shall be commensurate with the integrity and status of Employee’s office and position with Employer. Employee shall report directly to timethe Board. During the Term, Employee shall serve Employer, faithfully and to the best of Employee’s ability, and shall have such dutiesdevote substantially all of Employee’s business time, functionsattention, responsibilities skill and authority as shall be determined from time efforts to time by the Chief Executive Officer or other officer identified by the Chief Executive Officer business and affairs of Employer (subject to Board approvalincluding its subsidiaries and affiliates). Effective as Notwithstanding the foregoing, during the Term, Employee may (i) engage in charitable, educational, religious, civic and other types of the Effective Dateactivities, Executive shall be appointed to and (ii) serve as a member of the Board without additional compensationboard of directors of, or as an advisor (on a paid or unpaid basis) to, other companies as specified on Appendix A hereto (which list may be amended with the prior written consent of the Board) (such activities the “Permitted Activities”) and only to the extent that such Permitted Activities do not unreasonably interfere with the performance of Employee’s duties hereunder or materially conflict with the business of Employer, its subsidiaries and affiliates. Executive’s principal place Employee may serve as a member of employment the board of directors or similar governing body of another company or advise other companies subject to prior approval of the Board. Employee shall be Dallaspermitted to retain as Employee’s sole and exclusive property, Texasany and all compensation, and Executive acknowledges thatremuneration, from time proceeds, profits, assets or other consideration of any nature received or payable to time, Executive will be required to travel Employee for or in connection with the Permitted Activities hereunder. Employee’s principal base of operation for the performance of his duties.
(b) During the Employment Term, Executive will devote substantially all of his business time and reasonable best efforts (except for permitted vacation periods and reasonable periods of illness or incapacity) to the business and affairs of the Company and will not engage Employee’s duties under this Agreement shall be in any other business, profession or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere with the rendition of such services either directly or indirectly; provided that nothing herein shall preclude Executive from (i) managing personal and family investments, (ii) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board (such approval not to be unreasonably withheld) (x) accepting appointment to serve on any board of directors or trustees of any business corporation, or (y) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizationsNew York; provided, however, that any Employee shall temporarily travel in the course of performing such activities as described in (i) and (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with shall from time to time be reasonably necessary to fulfill Employee’s obligations under this Agreement or conflict with Section 6. “Schedule A Services” means those services performed for one or more of the entities set forth on Schedule A hereto (the “Schedule A Entities”); provided, however, that with respect to single family homes, such services shall be limited to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)Agreement.
Appears in 2 contracts
Samples: Employment Agreement (DoubleVerify Holdings, Inc.), Employment Agreement (DoubleVerify Holdings, Inc.)
Position, Duties and Authority. (a) During the Employment TermTerm (as defined below), Executive Employee shall continue to serve as Executive Vice President and the Company’s Chief Investment OfficerOperating Officer of Employer. In such positioncapacity, Executive Employee shall report directly tohave such responsibilities, duties and only to, the Chief Executive Officer of the Company or such other officer identified by the Board of Directors of the Company authority (the collectively “Boardfunctions”) as may, from time to time, and shall have such duties, functions, responsibilities and authority as shall be determined from time to time assigned by the Chief Executive Officer or other officer identified by the Employer’s Chief Executive Officer (subject “CEO”); provided, such functions shall be commensurate with the integrity and status of Employee’s office and position with Employer. Employee shall report directly to Board approvalthe CEO. During the Term, Employee shall serve Employer, faithfully and to the best of Employee’s ability, and shall devote substantially all of Employee’s business time, attention, skill and efforts to the business and affairs of Employer (including its subsidiaries and affiliates). Effective as Notwithstanding the foregoing, during the Term, Employee may (i) engage in charitable, educational, religious, civic and other types of the Effective Dateactivities, Executive shall be appointed to and (ii) serve as a member of the Board without additional compensationboard of directors or other similar governing body of one company that does not engage in the Business (as hereinafter defined) in competition with Employer or advise companies (on a paid or unpaid basis) provided such company does not engage in the Business in competition with Employer (such activities the “Permitted Activities”) to the extent that such Permitted Activities do not unreasonably interfere with the performance of Employee’s duties hereunder or materially conflict with the business of Employer, its subsidiaries and affiliates. Executive’s principal place Employee may serve as a member of employment the board of directors or similar governing body of another company subject to prior approval of the Board. Employee shall be Dallaspermitted to retain as Employee’s sole and exclusive property, Texasany and all compensation, and Executive acknowledges thatremuneration, from time proceeds, profits, assets or other consideration of any nature received or payable to time, Executive will be required to travel Employee for or in connection with the Permitted Activities hereunder. Employee’s principal base of operation for the performance of his duties.
(b) During the Employment Term, Executive will devote substantially all of his business time and reasonable best efforts (except for permitted vacation periods and reasonable periods of illness or incapacity) to the business and affairs of the Company and will not engage Employee’s duties under this Agreement shall be in any other business, profession or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere with the rendition of such services either directly or indirectly; provided that nothing herein shall preclude Executive from (i) managing personal and family investments, (ii) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board (such approval not to be unreasonably withheld) (x) accepting appointment to serve on any board of directors or trustees of any business corporation, or (y) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizationsNew York; provided, however, that any Employee shall temporarily travel in the course of performing such activities as described in (i) and (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with shall from time to time be reasonably necessary to fulfill Employee’s obligations under this Agreement or conflict with Section 6. “Schedule A Services” means those services performed for one or more of the entities set forth on Schedule A hereto (the “Schedule A Entities”); provided, however, that with respect to single family homes, such services shall be limited to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)Agreement.
Appears in 2 contracts
Samples: Employment Agreement (DoubleVerify Holdings, Inc.), Employment Agreement (DoubleVerify Holdings, Inc.)
Position, Duties and Authority. (a) During the Employment TermTerm (as defined below), Executive Employee shall serve as Executive Vice President and the Company’s Chief Investment OfficerFinancial Officer of Employer. In such positioncapacity, Executive Employee shall report directly tohave such responsibilities, duties and only to, the Chief Executive Officer of the Company or such other officer identified by the Board of Directors of the Company authority (the collectively “Boardfunctions”) as may, from time to time, and shall have such duties, functions, responsibilities and authority as shall be determined from time to time assigned by the Chief Executive Officer or other officer identified by the Employer’s Chief Executive Officer (subject to Board approval“CEO”). Effective as of the Effective Dateprovided, Executive such functions shall be appointed commensurate with the integrity and status of Employee’s office and position with Employer. Employee shall report directly to the CEO. During the Term, Employee shall serve Employer, faithfully and to the best of Employee’s ability, and shall devote substantially all of Employee’s business time, attention, skill and efforts to the business and affairs of Employer (including its subsidiaries and affiliates). Notwithstanding the foregoing, during the Term, Employee may (i) engage in charitable, educational, religious, civic and other types of activities, and (ii) serve as a member of the Board without additional compensationboard of directors or other similar governing body of one company that does not engage in the Business (as hereinafter defined) in competition with Employer or advise companies (on a paid or unpaid basis) provided such company does not engage in the Business in competition with Employer (such activities the “Permitted Activities”) to the extent that such Permitted Activities do not unreasonably interfere with the performance of Employee’s duties hereunder or materially conflict with the business of Employer, its subsidiaries and affiliates. Executive’s principal place Employee may serve as a member of employment the board of directors or similar governing body of another company subject to prior approval of the Board. Employee shall be Dallaspermitted to retain as Employee’s sole and exclusive property, Texasany and all compensation, and Executive acknowledges thatremuneration, from time proceeds, profits, assets or other consideration of any nature received or payable to time, Executive will be required to travel Employee for or in connection with the Permitted Activities hereunder. Employee’s principal base of operation for the performance of his duties.
(b) During the Employment Term, Executive will devote substantially all of his business time and reasonable best efforts (except for permitted vacation periods and reasonable periods of illness or incapacity) to the business and affairs of the Company and will not engage Employee’s duties under this Agreement shall be in any other business, profession or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere with the rendition of such services either directly or indirectly; provided that nothing herein shall preclude Executive from (i) managing personal and family investments, (ii) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board (such approval not to be unreasonably withheld) (x) accepting appointment to serve on any board of directors or trustees of any business corporation, or (y) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizationsNew York; provided, however, that any Employee shall temporarily travel in the course of performing such activities as described in (i) and (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with shall from time to time be reasonably necessary to fulfill Employee’s obligations under this Agreement or conflict with Section 6. “Schedule A Services” means those services performed for one or more of the entities set forth on Schedule A hereto (the “Schedule A Entities”); provided, however, that with respect to single family homes, such services shall be limited to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)Agreement.
Appears in 2 contracts
Samples: Employment Agreement (DoubleVerify Holdings, Inc.), Employment Agreement (DoubleVerify Holdings, Inc.)
Position, Duties and Authority. (a) During the Employment Term, Executive shall serve as Executive Vice President and the Company’s Chief Investment Executive Officer. In such position, Executive shall report directly to, and only to, the Chief Executive Officer of the Company or such other officer identified by the Board of Directors of the Company (the “Board”) from time to time, and shall have such duties, functions, responsibilities and authority as shall be determined from time to time by the Chief Executive Officer or other officer identified by the Chief Executive Officer (subject to Board approval). Effective as of Directors of the Effective DateCompany (the “Board”) and be consistent with the duties, functions, responsibilities and authority of an individual in Executive’s position. Executive shall be appointed report directly and solely to the Board. Executive shall also serve as a member of the Board without additional compensation. Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with the performance of his duties.
(b) During the Employment Term, Executive will devote substantially all of his Executive’s business time and reasonable best efforts to the operation and oversight of the Company’s businesses and performance of Executive’s duties hereunder (except for permitted vacation periods and reasonable excluding periods of illness or incapacityvacation and sick leave) to the business and affairs of the Company and will not engage in any other business, profession business activities that could conflict with his duties or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere with services to the rendition of such services either directly or indirectlyCompany; provided that nothing herein shall preclude Executive from (i) managing personal and family investmentsExecutive, (ii) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval obtaining consent of the Board (such approval not to be unreasonably withheld) ), from (xi) accepting appointment to or continuing to serve on any board of directors or trustees of any business corporation, or (yii) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizations, (iii) managing Executive’s personal investments, (iv) continuing to sit on the boards of SavATree, Xxxxxxx, and the national advisory board of Xxxxxxx Young University, and (v) continuing to provide limited advisory time to another chief executive officer as previously disclosed to and approved by the Board; provided, however, that any such activities as described in do not (ix) and (iii) of violate the preceding provisions terms of this paragraph do not materially conflict Agreement, (y) interfere, either individually or materially interfere in the aggregate, with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with under this Agreement or conflict with Section 6. “Schedule A Services” means those services performed for one (z) create a potential business or more of the entities set forth on Schedule A hereto (the “Schedule A Entities”); provided, however, that with respect to single family homes, such services shall be limited to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)fiduciary conflict.
Appears in 1 contract
Position, Duties and Authority. (a) During the Employment Term, Executive shall serve as Executive Vice President and the Company’s President and Chief Investment Financial Officer. In such position, Executive shall report directly to, and only to, the Chief Executive Officer of the Company or such other officer identified by the Board of Directors of the Company (the “Board”) from time to time, and shall have such duties, functions, responsibilities and authority as shall be determined from time to time by the Chief Executive Officer or other officer identified by (the Chief Executive Officer (subject to Board approval). Effective as “CEO”) of the Effective DateCompany and be consistent with the duties, functions, responsibilities and authority of a president and chief financial officer of a portfolio company of a private equity firm. Executive shall be appointed report directly to serve as a member of the Board without additional compensation. Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with the performance of his dutiesCEO.
(b) During With respect to each full fiscal year during the Employment Term, Executive will devote substantially all of his full business time and reasonable best efforts to the performance of Executive’s duties hereunder (except for permitted vacation periods and reasonable excluding periods of illness or incapacityvacation and sick leave) to the business and affairs of the Company and will not engage in any other business, profession or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere with the rendition of such services either directly or indirectly, without the prior written consent of the Board of Directors of the Company (the “Board”); provided that nothing herein shall preclude Executive from (i) managing personal and family investmentsExecutive, (ii) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board Board, from (such approval not to be unreasonably withheld) (xi) accepting appointment to or continuing to serve on any board of directors or trustees of any business corporation, or (yii) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizations, including, without limitation, all such positions and participation in effect as of the Effective Date, and (iii) managing personal and family investments; provided, however, that any such activities as described in (i), (ii) and or (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with this Agreement or conflict with Section 6. “Schedule A Services” means those services performed for one or more Executive shall be permitted to retain all compensation in respect of any of the entities set forth on Schedule A hereto services or activities referred to in the first proviso of the first sentence of this Section 2(b).
(c) As of the “Schedule A Entities”); providedstart of the Employment Term, however, that with respect to single family homes, such services Executive’s principal place of employment shall be limited the Company’s offices located at 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, subject to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)required travel.
Appears in 1 contract
Position, Duties and Authority. (a) During the Employment Term, Executive shall serve as Executive Vice President and the Company’s Executive Vice President, Chief Investment Officer. In such position, Executive shall report directly to, and only to, the Chief Executive Officer of the Company or such other officer identified by the Board of Directors of the Company (the “Board”) from time to time, and shall have such duties, functions, responsibilities and authority as shall be determined from time to time by the Chief Executive Officer of the Company and be consistent with the duties, functions, responsibilities and authority of an executive vice president, chief investment officer of a publicly-traded real estate investment trust. Executive shall report directly to the Chief Executive Officer of the Company or such other senior officer identified of the Company as directed by the Chief Executive Officer (subject to Board approval). Effective as of the Effective Date, Executive shall be appointed to serve as a member of the Board without additional compensation. Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with the performance of his dutiesOfficer.
(b) During the Employment Term, Executive will devote substantially all of his full business time and reasonable best efforts to the performance of Executive’s duties hereunder (except for permitted vacation periods and reasonable excluding periods of illness or incapacityvacation and sick leave) to the business and affairs of the Company and will not engage in any other business, profession or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere with the rendition of such services services, either directly or indirectly, without the prior written consent of the Chief Executive Officer; provided that nothing herein shall preclude Executive from Executive, subject (in the case of (i) managing personal and family investments, (iibelow) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board Chief Executive Officer (such which approval shall not to be unreasonably withheld) ), from (xi) accepting appointment to or continuing to serve on any the board of directors or trustees of any up to two other business corporationcorporations (but not more than one audit committee), or (yii) serving as an officer or director of or otherwise participating in non-profit educational, welfare, social, religious and civil organizations, including, without limitation, all such positions and participation in effect as of the Effective Date, and (iii) managing personal and family investments; provided, however, that any such activities as described in (i), (ii) and or (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with this Agreement or conflict with Section 6. “Schedule A Services” means those services performed for one or more Executive shall be permitted to retain all compensation in respect of any of the entities set forth on Schedule A hereto services or activities referred to in the first proviso of the first sentence of this Section 2(b).
(c) As of the “Schedule A Entities”); providedstart of the Employment Term, however, that with respect to single family homes, such services Executive’s principal place of employment shall be limited the Company’s offices located at 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, subject to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)required travel.
Appears in 1 contract
Samples: Employment Agreement (Brixmor Operating Partnership LP)
Position, Duties and Authority. (a) During the Employment Term, Executive shall serve as Executive Vice President and the Company’s Chief Investment OfficerExecutive Vice President, General Counsel and Secretary. In such position, Executive shall report directly to, and only to, the Chief Executive Officer of the Company or such other officer identified by the Board of Directors of the Company (the “Board”) from time to time, and shall have such duties, functions, responsibilities and authority as shall be determined from time to time by the Chief Executive Officer or other officer identified by the Chief Executive Officer (subject to Board approval). Effective as of the Effective DateCompany (the “CEO”) and be consistent with the duties, functions, responsibilities and authority of an individual in Executive’s position at a portfolio company of a private equity firm. Executive shall be appointed report directly to serve as a member of the Board without additional compensation. Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with the performance of his dutiesCEO.
(b) During With respect to each full fiscal year during the Employment Term, Executive will devote substantially all of his full business time and reasonable best efforts to the performance of Executive’s duties hereunder (except for permitted vacation periods and reasonable excluding periods of illness or incapacityvacation and sick leave) to the business and affairs of the Company and will not engage in any other business, profession or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere with the rendition of such services either directly or indirectly, without the prior written consent of the Board; provided that nothing herein shall preclude Executive from (i) managing personal and family investmentsExecutive, (ii) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board Board, from (such approval not to be unreasonably withheld) (xi) accepting appointment to or continuing to serve on any board of directors or trustees of any business corporation, or (yii) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizations, including, without limitation, all such positions and participation in effect as of the Effective Date, and (iii) managing personal and family investments; provided, however, that any such activities as described in (i), (ii) and or (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with this Agreement or conflict with Section 6. “Schedule A Services” means those services performed for one or more Executive shall be permitted to retain all compensation in respect of any of the entities set forth on Schedule A hereto services or activities referred to in the first proviso of the first sentence of this Section 2(b).
(c) As of the “Schedule A Entities”); providedstart of the Employment Term, however, that with respect to single family homes, such services Executive’s principal place of employment shall be limited the Company’s offices located at 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, subject to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)required travel.
Appears in 1 contract
Position, Duties and Authority. (ai) During the Employment TermPeriod, the Executive shall serve the Company as Executive Vice its President and the Company’s Chief Investment Officer. In such position, Executive shall report directly to, and only to, the Chief Executive Officer of Officer, shall perform customary and appropriate duties for the Company or such other officer identified and the Partnership as may be reasonably assigned to the Executive from time to time by the Executive Chairman of the Board of Directors of the Company (the “Board”) from time to timeor the Board, and shall have such report to the Executive Chairman and the Board. The Executive's primary office will be in the Phoenix, Arizona metropolitan area, and the Executive will be expected to travel as reasonably required in order to perform his duties, functions, responsibilities and authority as shall . The location of the Executive's primary office may be determined from time to time changed by the Chief Executive Officer or other officer identified by the Chief Executive Officer (subject to Board approval). Effective as of the Effective Date, Executive shall be appointed to serve as a member mutual written consent of the Board without additional compensation. and the Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with the performance of his duties.
(bii) During the Employment TermPeriod, the Executive will agrees to devote substantially all of his attention and time during normal business time and reasonable best efforts (except for permitted vacation periods and reasonable periods of illness or incapacity) hours to the business and affairs of the Company and will the Partnership and, to the extent necessary to discharge the responsibilities assigned to the Executive hereunder, to perform faithfully and efficiently such responsibilities. During the Employment Period, the Executive shall not engage be permitted to participate or invest in or manage any other business, profession for-profit business activity or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere venture not arising in connection with the rendition performance of such services either directly or indirectly; provided that nothing herein shall preclude Executive from (i) managing personal and family investments, (ii) providing Schedule A Services his duties pursuant to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board (such approval not to be unreasonably withheld) (x) accepting appointment to serve on any board of directors or trustees of any business corporation, or (y) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizationsthis Agreement; provided, however, that it shall not be a violation of this Agreement for the Executive to (i) with the prior written approval of the Board, serve on the boards of directors of for-profit companies, (ii) serve on civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, or teach at educational institutions and manage personal investments and (iii) manage, use, allocate or invest any such personal or family assets or investments, so long as, in the case of activities as described in the preceding clauses (i), (ii) and (iii) of the preceding provisions of this paragraph ), such activities do not materially conflict or materially significantly interfere with the performance and fulfillment of the Executive’s duties and 's responsibilities as an executive or director of the Company in accordance with this Agreement or otherwise create a conflict with Section 6. “Schedule A Services” means those services performed for one of interest or more breach of the entities set forth on Schedule A hereto (the “Schedule A Entities”); provided, however, that with respect to single family homes, such services shall be limited to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Cole Credit Property Trust III, Inc.)
Position, Duties and Authority. (a) During the Employment Term, Executive shall serve as Executive Vice President and the Company’s Chief Investment OfficerExecutive Officer and President. In such position, Executive shall report directly to, and only to, the Chief Executive Officer of the Company or such other officer identified by the Board of Directors of the Company (the “Board”) from time to time, and shall have such duties, functions, responsibilities and authority as shall be determined from time to time by the Chief Executive Officer or other officer identified by the Chief Executive Officer (subject to Board approval). Effective as of Directors of the Effective DateCompany (the “Board”) and be consistent with the duties, functions, responsibilities and authority of a chief executive officer and president of a publicly-traded real estate investment trust. Executive shall report directly to the Board. On or about June 16, 2016, the Company shall cause Executive to be appointed to serve as a member of the Board without additional compensation. compensation and shall nominate Executive for election and re-election to the Board as and when Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with Board term expires during the performance of his dutiesEmployment Term.
(b) During the Employment Term, Executive will devote substantially all of his full business time and reasonable best efforts to the performance of Executive’s duties hereunder (except for permitted vacation periods and reasonable excluding periods of illness or incapacityvacation and sick leave) to the business and affairs of the Company and will not engage in any other business, profession or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere with the rendition of such services services, either directly or indirectly, without the prior written consent of the Board; provided that nothing herein shall preclude Executive from Executive, subject (in the case of (i) managing personal and family investments, (iibelow) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board (such which approval shall not to be unreasonably withheld) ), from (xi) accepting appointment to or continuing to serve on any the board of directors or trustees of any up to two other business corporationcorporations, or (yii) serving as an officer or director of or otherwise participating in non-profit educational, welfare, social, religious and civil organizations, including, without limitation, all such positions and participation in effect as of the Effective Date, and (iii) managing personal and family investments; provided, however, that any such activities as described in (i), (ii) and or (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with this Agreement or conflict with Section 6. “Schedule A Services” means those services performed for one or more Executive shall be permitted to retain all compensation in respect of any of the entities set forth on Schedule A hereto services or activities referred to in the first proviso of the first sentence of this Section 2(b).
(c) As of the “Schedule A Entities”); providedstart of the Employment Term, however, that with respect to single family homes, such services Executive’s principal place of employment shall be limited the Company’s offices located at 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, subject to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)required travel.
Appears in 1 contract
Samples: Employment Agreement (Brixmor Operating Partnership LP)
Position, Duties and Authority. (a) During the Employment Term, Executive shall serve as Executive Vice President and the Company’s Chief Investment OfficerExecutive Vice President, Acquisitions and Dispositions. In such position, Executive shall report directly to, and only to, the Chief Executive Officer of the Company or such other officer identified by the Board of Directors of the Company (the “Board”) from time to time, and shall have such duties, functions, responsibilities and authority as shall be determined from time to time by the Chief Executive Officer or other officer identified by the Chief Executive Officer (subject to Board approval). Effective as of the Effective DateCompany (the “CEO”) and be consistent with the duties, functions, responsibilities and authority of an individual in Executive’s position at a portfolio company of a private equity firm. Executive shall be appointed report directly to serve as a member of the Board without additional compensation. Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with the performance of his dutiesCEO.
(b) During With respect to each full fiscal year during the Employment Term, Executive will devote substantially all of his full business time and reasonable best efforts to the performance of Executive’s duties hereunder (except for permitted vacation periods and reasonable excluding periods of illness or incapacityvacation and sick leave) to the business and affairs of the Company and will not engage in any other business, profession or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere with the rendition of such services either directly or indirectly, without the prior written consent of the Board; provided that nothing herein shall preclude Executive from (i) managing personal and family investmentsExecutive, (ii) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board Board, from (such approval not to be unreasonably withheld) (xi) accepting appointment to or continuing to serve on any board of directors or trustees of any business corporation, or (yii) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizations, including, without limitation, all such positions and participation in effect as of the Effective Date, and (iii) managing personal and family investments; provided, however, that any such activities as described in (i), (ii) and or (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with this Agreement or conflict with Section 6. “Schedule A Services” means those services performed for one or more Executive shall be permitted to retain all compensation in respect of any of the entities set forth on Schedule A hereto services or activities referred to in the first proviso of the first sentence of this Section 2(b).
(c) As of the “Schedule A Entities”); providedstart of the Employment Term, however, that with respect to single family homes, such services Executive’s principal place of employment shall be limited the Company’s offices located at 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, subject to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)required travel.
Appears in 1 contract
Position, Duties and Authority. (a) During the Employment Term, Executive shall serve as Executive Vice President and the Company’s Executive Vice President, Chief Investment OfficerFinancial Officer and Treasurer. In such position, Executive shall report directly to, and only to, the Chief Executive Officer of the Company or such other officer identified by the Board of Directors of the Company (the “Board”) from time to time, and shall have such duties, functions, responsibilities and authority as shall be determined from time to time by the Chief Executive Officer or other officer identified by of the Company. Executive shall report directly to the Chief Executive Officer (subject to Board approval). Effective as of the Effective Date, Executive shall be appointed to serve as a member of the Board without additional compensation. Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with the performance of his dutiesCompany.
(b) During the Employment Term, Executive will devote substantially all of his Executive’s full business time and reasonable best efforts to the performance of Executive’s duties hereunder (except for permitted vacation periods and reasonable excluding periods of illness or incapacityvacation and sick leave) to the business and affairs of the Company and will not engage in any other business, profession or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere with the rendition of such services services, either directly or indirectly; provided that nothing herein shall preclude Executive from Executive, subject (in the case of (i) managing personal and family investments, (ii) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iiibelow) subject to the prior approval of the Board Chief Executive Officer (such which approval shall not to be unreasonably withheld) ), from (xi) accepting appointment to serve on any the board of directors or trustees of any one other business corporationcorporations (including the audit committee thereof), or (yii) serving as an officer or director of or otherwise participating in non-profit educational, welfare, social, religious and civil organizations, and (iii) managing personal and family investments; provided, however, that any such activities as described in (i), (ii) and or (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with this Agreement or conflict with Section 6. “Schedule A Services” means those services performed for one or more Executive shall be permitted to retain all compensation in respect of any of the entities set forth on Schedule A hereto services or activities referred to in the first proviso of the first sentence of this Section 2(b).
(c) As of the “Schedule A Entities”)start of the Employment Term, Executive’s principal place of employment shall be the Company’s offices located at 000 Xxxxx Xxxx, Xxxxxxxxxxxx, XX; provided, however, that with respect to single family homes, such services Executive shall be limited to managing investments in single family homes in which such entities have a financial interest (as requested by the “Permitted Single Family Home Services”)Chief Executive Officer work from the Company’s New York office.
Appears in 1 contract
Samples: Employment Agreement (Brixmor Operating Partnership LP)
Position, Duties and Authority. (a) During the Employment Term, Executive shall serve as Executive Vice President and the Company’s Chief Investment OfficerExecutive Vice President, Leasing. In such position, Executive shall report directly to, and only to, the Chief Executive Officer of the Company or such other officer identified by the Board of Directors of the Company (the “Board”) from time to time, and shall have such duties, functions, responsibilities and authority as shall be determined from time to time by the Chief Executive Officer or other officer identified by the Chief Executive Officer (subject to Board approval). Effective as of the Effective DateCompany (the “CEO”) and be consistent with the duties, functions, responsibilities and authority of an individual in Executive’s position at a public real estate company. Executive shall be appointed report directly to serve as a member of the Board without additional compensation. Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with the performance of his dutiesCEO.
(b) During With respect to each full fiscal year during the Employment Term, Executive will devote substantially all of his full business time and reasonable best efforts to the performance of Executive’s duties hereunder (except for permitted vacation periods and reasonable excluding periods of illness or incapacityvacation and sick leave) to the business and affairs of the Company and will not engage in any other business, profession or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere with the rendition of such services either directly or indirectly, without the prior written consent of the Board; provided that nothing herein shall preclude Executive from (i) managing personal and family investmentsExecutive, (ii) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board Board, from (such approval not to be unreasonably withheld) (xi) accepting appointment to or continuing to serve on any board of directors or trustees of any business corporation, or (yii) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizations, including, without limitation, all such positions and participation in effect as of the Effective Date, and (iii) managing personal and family investments; provided, however, that any such activities as described in (i), (ii) and or (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with this Agreement or conflict with Section 6. “Schedule A Services” means those services performed for one or more Executive shall be permitted to retain all compensation in respect of any of the entities set forth on Schedule A hereto services or activities referred to in the first proviso of the first sentence of this Section 2(b).
(c) As of the “Schedule A Entities”); providedstart of the Employment Term, however, that with respect to single family homes, such services Executive’s principal place of employment shall be limited the Company’s offices located at 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, subject to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)required travel.
Appears in 1 contract
Samples: Employment Agreement (Brixmor Operating Partnership LP)
Position, Duties and Authority. (a) During the Employment TermTerm (as defined below), Executive Employee shall serve as Executive Vice President President, Sales and the Company’s Chief Investment Officer. In such position, Executive shall report directly toMarketing, and only to, the Chief Executive Business Development Officer of the Company or such other officer identified by the Board of Directors of the Company (the “Board”) from time to timeEmployer, and shall have such dutiesresponsibilities, functions, responsibilities duties and authority as shall be determined from time to time by the Chief Executive Officer or other officer identified by the Chief Executive Officer (subject to Board approval). Effective are consistent with such positions and as of the Effective Date, Executive shall be appointed to serve as a member of the Board without additional compensation. Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges thatmay, from time to time, be reasonably assigned by the Chief Executive will Officer of Employer. Any substantial changes to such responsibilities, duties and authority shall be required provided to travel Employee in connection with the performance of his duties.
(b) writing and agreed to between Employer and Employee. During the Employment Term, Employee shall report directly to the Chief Executive will Officer of Employer. During the Term, Employee shall serve Employer, faithfully and to the best of Employee's ability, and shall devote substantially all a majority of his Employee's business time time, attention, skill and reasonable best efforts (except for permitted vacation periods and reasonable periods of illness or incapacity) exclusively to the business and affairs of Employer (including its subsidiaries and affiliates) and the Company and will not promotion of its interests. Notwithstanding the foregoing, Employee may engage in any other businesscharitable, profession educational, religious, civic and similar types of activities (all of which shall be deemed to benefit Employer) to the extent that such activities do not inhibit or occupation for compensation prohibit the performance of Employee's duties hereunder or otherwise which would unreasonably inhibit or conflict or unreasonably interfere with the rendition business of such services either directly Employer, its subsidiaries and affiliates. In no event may Employee serve on boards of directors or indirectly; provided that nothing herein shall preclude Executive from (i) managing personal and family investments, (ii) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to advisory committees without the prior approval written consent of the Board of Directors of Employer (such approval the "Board"), which consent shall not to be unreasonably withheld) (x) accepting appointment . During the Term, Employee shall perform his duties from Employer's primary business offices that are located in Los Angeles, California, subject to serve on any board of directors or trustees of any business corporation, or (y) serving as an officer or director or otherwise participating normal and reasonable travel requirements in non-profit educational, welfare, social, religious and civil organizations; provided, however, that any such activities as described in (i) and (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere connection with the performance and fulfillment of the Executive’s his duties and responsibilities as an executive or director of the Company in accordance with this Agreement or conflict with Section 6. “Schedule A Services” means those services performed for one or more of the entities set forth on Schedule A hereto (the “Schedule A Entities”); provided, however, that with respect to single family homes, such services shall be limited to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)hereunder.
Appears in 1 contract
Position, Duties and Authority. (a) During the Employment Term, Executive shall serve as Executive Vice President and the Company’s Executive Vice President, Chief Investment Officer. In such position, Executive shall report directly to, and only to, the Chief Executive Officer of the Company or such other officer identified by the Board of Directors of the Company (the “Board”) from time to time, and shall have such duties, functions, responsibilities and authority as shall be determined from time to time by either the Chief Executive Officer or other officer identified by the Chief Executive Officer (subject to Board approval). Effective as of the Effective DateCompany (the “CEO”) or the President of the Company (the “President”) and shall be consistent with the duties, functions, responsibilities and authority of an individual in Executive’s position at a public real estate company. Executive shall be appointed report to serve as a member of both the Board without additional compensation. Executive’s principal place of employment shall be Dallas, Texas, CEO and Executive acknowledges that, from time to time, Executive will be required to travel in connection with the performance of his dutiesPresident.
(b) During the Employment Term, Executive will devote substantially all of his full business time and reasonable best efforts to the performance of Executive’s duties hereunder (except for permitted vacation periods and reasonable excluding periods of illness or incapacityvacation and sick leave) to the business and affairs of the Company and will not engage in any other business, profession or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere with the rendition of such services either directly or indirectly, without the prior written consent of the Board of Directors of the Company (the “Board”); provided that nothing herein shall preclude Executive from (i) managing personal and family investmentsExecutive, (ii) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board Board, from (such approval not to be unreasonably withheld) (xi) accepting appointment to or continuing to serve on any board of directors or trustees of any business corporation, or (yii) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizations, including, without limitation, all such positions and participation in effect as of the Effective Date, and (iii) managing personal and family investments; provided, however, that any such activities as described in (i), (ii) and or (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with this Agreement or conflict with Section 6. “Schedule A Services” means those services performed for one or more Executive shall be permitted to retain all compensation in respect of any of the entities set forth on Schedule A hereto services or activities referred to in the first proviso of the first sentence of this Section 2(b).
(c) As of the “Schedule A Entities”); providedstart of the Employment Term, however, that with respect to single family homes, such services Executive’s principal place of employment shall be limited the Company’s offices located at 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, subject to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)required travel.
Appears in 1 contract
Samples: Employment Agreement (Brixmor Operating Partnership LP)
Position, Duties and Authority. (a) During the Employment Term, Executive shall serve as Executive Vice President and the Company’s Chief Investment Executive Officer. In such position, Executive shall report directly to, and only to, the Chief Executive Officer of the Company or such other officer identified by the Board of Directors of the Company (the “Board”) from time to time, and shall have such duties, functions, responsibilities and authority as shall be determined from time to time by the Chief Board of Directors of the Company (the “Board”) and be consistent with the duties, functions, responsibilities and authority of a chief executive officer of a portfolio company of a private equity firm. Executive Officer or other officer identified by shall report directly to the Chief Executive Officer (subject to Board approval)Board. Effective as of No later than 30 days following the Effective Date, the Company shall cause Executive shall to be appointed to serve as a member of the Board without additional compensation. , and shall nominate Executive for election and re-election to the Board as and when Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with Board term expires during the performance of his dutiesEmployment Term.
(b) During With respect to each full fiscal year during the Employment Term, Executive will devote substantially all of his full business time and reasonable best efforts to the performance of Executive’s duties hereunder (except for permitted vacation periods and reasonable excluding periods of illness or incapacityvacation and sick leave) to the business and affairs of the Company and will not engage in any other business, profession or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere with the rendition of such services either directly or indirectly, without the prior written consent of the Board; provided that nothing herein shall preclude Executive from (i) managing personal and family investmentsExecutive, (ii) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board Board, from (such approval not to be unreasonably withheld) (xi) accepting appointment to or continuing to serve on any board of directors or trustees of any business corporation, or (yii) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizations, including, without limitation, all such positions and participation in effect as of the Effective Date, and (iii) managing personal and family investments; provided, however, that any such activities as described in (i), (ii) and or (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with this Agreement or conflict with Section 6. “Schedule A Services” means those services performed for one or more Executive shall be permitted to retain all compensation in respect of any of the entities set forth on Schedule A hereto services or activities referred to in the first proviso of the first sentence of this Section 2(b).
(c) As of the “Schedule A Entities”); providedstart of the Employment Term, however, that with respect to single family homes, such services Executive’s principal place of employment shall be limited the Company’s offices located at 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, subject to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)required travel.
Appears in 1 contract
Position, Duties and Authority. (a) During the Employment TermTerm (as defined below), Executive shall serve as Executive Vice President Chief Strategic Officer of Employer and the Company’s Chief Investment Officer. In such positionits subsidiary, Executive shall report directly toAcies, Inc., and only to, the Chief Executive Officer of the Company or in such other officer identified by position or capacity for Employer and/or its affiliates and subsidiaries as Employer may request, and shall have such responsibilities, duties and authority that are customary for the positions of Chief Strategic Officer, subject at all times to the control and direction of the Board of Directors of the Company Employer (the “"Employer Board”") from time to timeand the Board of Directors of Acies, Inc. (the "Acies, Inc. Board," and together with the Employer Board, the "Boards") and shall have perform such dutiesservices as customarily are provided by the Chief Strategic Officer of a corporation and such other services consistent with his positions, functions, responsibilities and authority as shall be determined assigned to him from time to time by the Chief Boards. During the Term, Employer shall take reasonable and lawful actions to cause Executive Officer or other officer identified by to be re-nominated to serve on the Chief Executive Officer (subject to Board approval)Boards. Effective as of During the Effective DateTerm, Executive shall be appointed (A) report to the Boards, (B) serve as a member Employer and its affiliates and subsidiaries faithfully and to the best of the Board without additional compensation. Executive’s principal place of employment shall be Dallas, Texas's ability, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with the performance of his duties.
(bC) During the Employment Term, Executive will devote substantially all of his business time and reasonable best efforts (except for permitted vacation periods and reasonable periods during any period of illness or incapacity) incapacity or vacation to which he is entitled, devote Executive's business time, attention, skill and efforts to the business and affairs of Employer and its affiliates and subsidiaries and the Company promotion of their interests. Executive shall perform his duties in a diligent manner; and will not engage shall observe and comply with all laws, customs, standards of business ethics and honest business practices, and policies and procedures of Employer and its affiliates and subsidiaries in any other businessplace from time to time. Executive's principal base of operation for the performance of Executive's duties under this Agreement shall be in Boston, profession or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere with the rendition of such services either directly or indirectly; provided that nothing herein shall preclude Executive from (i) managing personal and family investments, (ii) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board (such approval not to be unreasonably withheld) (x) accepting appointment to serve on any board of directors or trustees of any business corporation, or (y) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizationsMassachusetts; provided, however, that any Executive shall perform such activities as described in (i) and (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere with the performance and fulfillment of the Executive’s duties and responsibilities at such other places as an executive or director of the Company in accordance with shall from time to time be reasonably necessary to fulfill Executive's obligations under this Agreement in the discretion of Employer. Furthermore, Executive shall not be precluded from serving on the Board of Directors of and/or performing services for Prime Portfolios, LLC, SOL Enterprises, LLC or conflict such other entities, which entities the Employer acknowledges currently provide services in competition with Section 6. “Schedule A Services” means those services performed for one or more of the entities set forth on Schedule A hereto Employer (the “Schedule A Entities”); provided, however, that with respect to single family homes, such services shall be limited to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”"Excluded Businesses").
Appears in 1 contract
Samples: Employment Agreement (Acies Corp)
Position, Duties and Authority. (a) During the Employment TermTerm (as defined below), Executive shall serve as Executive Vice President President, Chief Financial Officer and the Company’s Chief Investment Officer. In such positionTreasurer of Employer and its subsidiary, Executive shall report directly toAcies, Inc., and only to, the Chief Executive Officer of the Company or in such other officer identified by position or capacity for Employer and/or its affiliates and subsidiaries as Employer may request, and shall have such responsibilities, duties and authority that are customary for the positions of Executive Vice President, Chief Financial Officer and Treasurer, subject at all times to the control and direction of the Board of Directors of the Company Employer (the “"Employer Board”") from time to timeand the Board of Directors of Acies, Inc. (the "Acies, Inc. Board," and together with the Employer Board, the "Boards") and shall have perform such dutiesservices as customarily are provided by the Executive Vice President, functions, responsibilities Chief Financial Officer and authority Treasurer of a corporation and such other services consistent with his positions as shall be determined assigned to him from time to time by the Chief Executive Officer or other officer identified by Boards and the Chief Executive Officer (subject to Board approval)Officer. Effective as of During the Effective DateTerm, Executive shall be appointed (A) report to the Boards and the Chief Executive Officer, (B) serve Employer and its affiliates and subsidiaries faithfully and to the best of Executive's ability, and (C) except during any period of illness or incapacity or vacation to which he is entitled, devote all of Executive's business time, attention, skill and efforts exclusively to the business and affairs of Employer and its affiliates and subsidiaries and the promotion of their interests; provided, however, Executive may engage in charitable, educational, religious, civic and similar types of activities and serve as a member of the Board without additional compensationboard of directors of other entities to the extent that such activities and/or memberships do not inhibit or prohibit the performance of Executive's duties hereunder, inhibit, conflict with or compete with the business of Employer or its affiliates and subsidiaries, or otherwise violate the terms of Article V below and provided that Executive promptly discloses such activities and/or memberships to the Boards. Executive’s principal place of employment Nothing in this Section 2.01 shall be Dallasdeemed to preclude Executive from making passive investments (constituting ownership of less than five (5%) percent of any class of equity interest) in a publicly held corporation, Texasor passive investments (constituting ownership of less than a controlling interest) in a non-public business, firm or entity, so long as such investment does not interfere with Executive's duties to Employer or its affiliates ore subsidiaries or otherwise violate the terms of the provisions set forth in Article V hereof. Executive shall perform his duties in a diligent manner; shall not engage in activities that are or could be detrimental to the existing or future business or reputation of Employer or its affiliates and subsidiaries; and shall observe and comply with all laws, customs, standards of business ethics and honest business practices, and Executive acknowledges that, policies and procedures of Employer and its affiliates and subsidiaries in place from time to time, Executive will be required to travel in connection with . Executive's principal base of operation for the performance of his duties.
(b) During the Employment TermExecutive's duties under this Agreement shall be in New York, Executive will devote substantially all of his business time and reasonable best efforts (except for permitted vacation periods and reasonable periods of illness or incapacity) to the business and affairs of the Company and will not engage in any other business, profession or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere with the rendition of such services either directly or indirectly; provided that nothing herein shall preclude Executive from (i) managing personal and family investments, (ii) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board (such approval not to be unreasonably withheld) (x) accepting appointment to serve on any board of directors or trustees of any business corporation, or (y) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizationsNew York; provided, however, that any Executive shall perform such activities as described in (i) and (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere with the performance and fulfillment of the Executive’s duties and responsibilities at such other places as an executive or director of the Company in accordance with shall from time to time be reasonably necessary to fulfill Executive's obligations under this Agreement or conflict with Section 6. “Schedule A Services” means those services performed for one or more in the discretion of the entities set forth on Schedule A hereto (the “Schedule A Entities”); provided, however, that with respect to single family homes, such services shall be limited to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)Employer.
Appears in 1 contract
Samples: Employment Agreement (Acies Corp)
Position, Duties and Authority. (a) During the Employment Term, Executive shall serve as Executive Vice President and the Company’s Executive Vice President, Chief Investment Financial Officer. In such position, Executive shall report directly to, and only to, the Chief Executive Officer of the Company or such other officer identified by the Board of Directors of the Company (the “Board”) from time to time, and shall have such duties, functions, responsibilities and authority as shall be determined from time to time by the Chief Executive Officer or other officer identified by the Chief Executive Officer (subject to Board approval). Effective as of the Effective DateCompany (the “CEO”) and be consistent with the duties, functions, responsibilities and authority of an individual in Executive’s position at a portfolio company of a private equity firm. Executive shall be appointed report directly to serve as a member of the Board without additional compensation. Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with the performance of his dutiesCEO.
(b) During With respect to each full fiscal year during the Employment Term, Executive will devote substantially all of his her full business time and reasonable best efforts to the performance of Executive’s duties hereunder (except for permitted vacation periods and reasonable excluding periods of illness or incapacityvacation and sick leave) to the business and affairs of the Company and will not engage in any other business, profession or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere with the rendition of such services either directly or indirectly, without the prior written consent of the Board; provided that nothing herein shall preclude Executive from (i) managing personal and family investmentsExecutive, (ii) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board Board, from (such approval not to be unreasonably withheld) (xi) accepting appointment to or continuing to serve on any board of directors or trustees of any business corporation, or (yii) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizations, including, without limitation, all such positions and participation in effect as of the Effective Date, and (iii) managing personal and family investments; provided, however, that any such activities as described in (i), (ii) and or (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with this Agreement or conflict with Section 6. “Schedule A Services” means those services performed for one or more Executive shall be permitted to retain all compensation in respect of any of the entities set forth on Schedule A hereto services or activities referred to in the first proviso of the first sentence of this Section 2(b).
(c) As of the “Schedule A Entities”); providedstart of the Employment Term, however, that with respect to single family homes, such services Executive’s principal place of employment shall be limited the Company’s offices located at 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, subject to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)required travel.
Appears in 1 contract
Position, Duties and Authority. (a) During the Employment Term, Executive shall serve as Executive Vice the President and Chief Executive Officer of the Company’s Chief Investment OfficerCosmopolitan of Las Vegas (the “Hotel”). In such position, Executive shall report directly to, and only to, to the Chief Executive Officer of the Company or such other officer identified by the Company’s Board of Directors of the Company (the “Board”) from time to time, and shall have such duties, functionsfunctions and responsibilities commensurate with such title, responsibilities including, without limitation, (i) managing all operations of the property including oversight of third party managed and authority as shall leased areas, (ii) developing community and gaming association relationships, (iii) implementing rigorous financial reporting standards, (iv) managing customer relationships, (v) implementing marketing and advertising strategies and (vi) any other duties that may be determined assigned from time to time by the Chief Executive Officer or other officer identified by the Chief Executive Officer (subject to Board approval). Effective as of the Effective Date, Executive shall be appointed to serve as a member of the Board without additional compensation. Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with the performance of his dutiesBoard.
(b) During the Employment Term, Executive will devote substantially all of his Executive’s full business time and reasonable best efforts to the performance of Executive’s duties hereunder (except for permitted vacation periods and reasonable excluding periods of illness or incapacityvacation and sick leave) to the business and affairs of the Company and will not engage in any other business, profession or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere with the rendition of such services either directly or indirectlyindirectly without the prior written consent of the Board; provided that nothing herein shall preclude Executive from (i) managing personal and family investments, (ii) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board (such approval not to be unreasonably withheld) (x) Board, accepting appointment to or continuing to serve on any board of directors or trustees of any business corporation, or (yii) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizations, including, without limitation, all such positions and participation in effect as of the Effective Date, and (iii) managing personal and family investments; provided, however, that any such activities as described in (i), (ii) and or (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with this Agreement or conflict with Section 6. “Schedule A Services” means those services performed for one or more of the entities set forth on Schedule A hereto (the “Schedule A Entities”); provided, however, that with respect to single family homes, such services shall be limited to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)7.
Appears in 1 contract
Position, Duties and Authority. (a) During the Employment Term, Executive shall serve as Executive Vice President and the Company’s Chief Investment OfficerExecutive Vice President, Leasing and Redevelopment. In such position, Executive shall report directly to, and only to, the Chief Executive Officer of the Company or such other officer identified by the Board of Directors of the Company (the “Board”) from time to time, and shall have such duties, functions, responsibilities and authority as shall be determined from time to time by the Chief Executive Officer or other officer identified by the Chief Executive Officer (subject to Board approval). Effective as of the Effective DateCompany (the “CEO”) and be consistent with the duties, functions, responsibilities and authority of an individual in Executive’s position at a portfolio company of a private equity firm. Executive shall be appointed report directly to serve as a member of the Board without additional compensation. Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with the performance of his dutiesCEO.
(b) During With respect to each full fiscal year during the Employment Term, Executive will devote substantially all of his full business time and reasonable best efforts to the performance of Executive’s duties hereunder (except for permitted vacation periods and reasonable excluding periods of illness or incapacityvacation and sick leave) to the business and affairs of the Company and will not engage in any other business, profession or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere with the rendition of such services either directly or indirectly, without the prior written consent of the Board; provided that nothing herein shall preclude Executive from (i) managing personal and family investmentsExecutive, (ii) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board Board, from (such approval not to be unreasonably withheld) (xi) accepting appointment to or continuing to serve on any board of directors or trustees of any business corporation, or (yii) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizations, including, without limitation, all such positions and participation in effect as of the Effective Date, and (iii) managing personal and family investments; provided, however, that any such activities as described in (i), (ii) and or (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with this Agreement or conflict with Section 6. “Schedule A Services” means those services performed for one or more Executive shall be permitted to retain all compensation in respect of any of the entities set forth on Schedule A hereto services or activities referred to in the first proviso of the first sentence of this Section 2(b).
(c) As of the “Schedule A Entities”); providedstart of the Employment Term, however, that with respect to single family homes, such services Executive’s principal place of employment shall be limited the Company’s offices located at 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, subject to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)required travel.
Appears in 1 contract
Position, Duties and Authority. (ai) During the Employment TermPeriod, the Executive shall serve as Executive Vice President and the Company’s Chief Investment Officer. In such position, Executive shall report directly to, and only to, the Chief Executive Officer of the Company or such other officer identified by as its Executive Chairman of the Board of Directors of the Company (the “Board”) from time ), shall perform customary and appropriate duties for the Company and the Partnership as may be reasonably assigned to time, and shall have such duties, functions, responsibilities and authority as shall be determined the Executive from time to time by the Chief Executive Officer or other officer identified by Board, shall have the Chief Executive Officer (subject authority to Board approval). Effective pursue the strategic direction of Holdings as contemplated as of the Effective Datedate of this Agreement and shall report only to the Board. The Executive's primary office will be in the Phoenix, Arizona metropolitan area, and the Executive shall will be appointed expected to serve travel as a member reasonably required in order to perform his duties. The location of the Executive's primary office may be changed by the mutual written consent of the Board without additional compensation. and the Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with the performance of his duties.
(bii) During the Employment TermPeriod, the Executive will agrees to devote substantially all of his attention and time during normal business time and reasonable best efforts (except for permitted vacation periods and reasonable periods of illness or incapacity) hours to the business and affairs of the Company and will the Partnership and, to the extent necessary to discharge the responsibilities assigned to the Executive hereunder, to perform faithfully and efficiently such responsibilities. During the Employment Period, the Executive shall not engage be permitted to participate or invest in or manage any other business, profession for-profit business activity or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere venture not arising in connection with the rendition performance of such services either directly or indirectly; provided that nothing herein shall preclude Executive from (i) managing personal and family investments, (ii) providing Schedule A Services his duties pursuant to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board (such approval not to be unreasonably withheld) (x) accepting appointment to serve on any board of directors or trustees of any business corporation, or (y) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizationsthis Agreement; provided, however, that it shall not be a violation of this Agreement for the Executive to (i) with the prior written approval of the Board, serve on the boards of directors of for-profit companies, (ii) serve on civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, or teach at educational institutions and manage personal investments and (iii) manage, use, allocate or invest any such personal or family assets or investments, so long as, in the case of activities as described in the preceding clauses (i), (ii) and (iii) of the preceding provisions of this paragraph ), such activities do not materially conflict or materially significantly interfere with the performance and fulfillment of the Executive’s duties and 's responsibilities as an executive or director of the Company in accordance with this Agreement or otherwise create a conflict with Section 6. “Schedule A Services” means those services performed for one of interest or more breach of the entities set forth on Schedule A hereto (the “Schedule A Entities”); provided, however, that with respect to single family homes, such services shall be limited to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Cole Credit Property Trust III, Inc.)
Position, Duties and Authority. (a) During the Employment Term, Executive shall serve as Executive Vice President and the Company’s Interim Chief Investment OfficerExecutive Officer and President. In such position, Executive shall report directly to, and only to, the Chief Executive Officer of the Company or such other officer identified by the Board of Directors of the Company (the “Board”) from time to time, and shall have such duties, functions, responsibilities and authority as shall be determined from time to time by the Chief Executive Officer or other officer identified by the Chief Executive Officer (subject to Board approval). Effective as of Directors of the Effective DateCompany (the “Board”) and be consistent with the duties, functions, responsibilities and authority of a chief executive officer and president of a publicly-traded real estate investment trust. Executive shall report to the Board. The Company shall cause Executive to be appointed to serve as a member of the Board without additional compensation. , and shall nominate Executive for election and re-election to the Board as and when Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with Board term expires during the performance of his dutiesEmployment Term.
(b) During the Employment Term, Executive will devote substantially all of his business time and reasonable best efforts (except for permitted vacation periods and reasonable periods of illness or incapacity) to the business and affairs performance of the Company Executive’s duties hereunder and will not engage in any other business, profession or occupation for compensation or otherwise which would unreasonably materially conflict or unreasonably interfere with the rendition of such services either directly or indirectly, without the prior written consent of the Board; provided provided, however, that nothing herein shall preclude Executive from (i) managing personal and family investmentsExecutive, (ii) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board Board, from (such approval not to be unreasonably withheld) (xi) accepting appointment to or continuing to serve on any board of directors or trustees of any business corporation, or (yii) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizations, including, without limitation, all such positions and participation in effect as of the Effective Date, and (iii) managing personal and family investments; provided, however, that any such activities as described in (i), (ii) and or (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with this Agreement or conflict with Section 6Agreement. “Schedule A Services” means those services performed for one or more Executive shall be permitted to retain all compensation in respect of any of the entities set forth on Schedule A hereto services or activities referred to in the first proviso of the first sentence of this Section 2(b). Notwithstanding the foregoing, the Company acknowledges and agrees that all of Executive’s professional, civic and charitable responsibilities and activities about which he has informed the Company are deemed approved by the Board and that Executive is determined to be in compliance with Executive’s obligations under this Section 2(b) if he continues such outside professional, civic and charitable responsibilities and activities during his employment.
(c) As of the “Schedule A Entities”); providedstart of the Employment Term, however, that with respect to single family homes, such services Executive’s principal place of employment shall be limited the Company’s offices located at 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, subject to managing investments required travel.
(d) Upon the appointment of a permanent chief executive officer and president by the Company, Executive, as reasonably requested by the Company, shall provide assistance in single family homes in transitioning his duties and responsibilities, and provide information relevant to matters as to which such entities have a financial interest (the “Permitted Single Family Home Services”)he gained knowledge during his employment. This Section 2(d) survives termination of this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Brixmor Operating Partnership LP)
Position, Duties and Authority. (a) During the Employment TermTerm (as defined below), Executive Employee shall serve as Executive Vice the President and the Company’s Chief Investment Officer. In such position, Executive shall report directly to, and only to, the Chief Executive Officer of the Company or Employer, and shall have such other officer identified responsibilities, duties and authority as are consistent with such positions and as may, from time to time, be reasonably assigned by the Board of Directors of the Company Employer (the “"Board”) from time to time"). In addition, and shall have such duties, functions, responsibilities and authority so long as shall be determined from time to time Employee is elected by the Chief Executive Officer or other officer identified by the Chief Executive Officer (subject to Board approval). Effective as shareholders of the Effective Date, Executive shall be appointed Employer to serve as a member director, Employee shall serve as the Chairman of the Board without additional compensationBoard. Executive’s principal place During the Term, Employee shall report directly to the Board. During the Term, Employee shall serve Employer, faithfully and to the best of employment shall be Dallas, TexasEmployee's ability, and Executive acknowledges that, from time to shall devote all of Employee's business time, Executive will be required to travel in connection with the performance of his duties.
(b) During the Employment Termattention, Executive will devote substantially all of his business time skill and reasonable best efforts (except for permitted vacation periods and reasonable periods of illness or incapacity) exclusively to the business and affairs of Employer (including its subsidiaries and affiliates) and the Company and will not promotion of its interests. Notwithstanding the foregoing, Employee may engage in any other businesscharitable, profession educational, religious, civic and similar types of activities (all of which shall be deemed to benefit Employer) to the extent that such activities do not inhibit or occupation for compensation prohibit the performance of Employee's duties hereunder or otherwise which would unreasonably inhibit or conflict or unreasonably interfere with the rendition business of such services either directly Employer, its subsidiaries and affiliates. In no event may Employee serve on boards of directors or indirectly; provided that nothing herein shall preclude Executive from (i) managing personal and family investments, (ii) providing Schedule A Services to substantially advisory committees without the same extent provided as prior written consent of the Original Effective DateBoard, or (iii) subject to the prior approval of the Board (such approval which consent shall not to be unreasonably withheld) (x) accepting appointment . During the Term, Employee shall perform his duties from Employer's primary business offices that are located in New York, New York, subject to serve on any board of directors or trustees of any business corporation, or (y) serving as an officer or director or otherwise participating normal and reasonable travel requirements in non-profit educational, welfare, social, religious and civil organizations; provided, however, that any such activities as described in (i) and (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere connection with the performance and fulfillment of the Executive’s his duties and responsibilities as an executive or director of the Company in accordance with this Agreement or conflict with Section 6. “Schedule A Services” means those services performed for one or more of the entities set forth on Schedule A hereto (the “Schedule A Entities”); provided, however, that with respect to single family homes, such services shall be limited to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)hereunder.
Appears in 1 contract
Position, Duties and Authority. (ai) During the Employment TermPeriod, the Executive shall serve the Company as Executive Vice its President and Chief Operating Officer and shall perform customary and appropriate duties for the Company’s Chief Investment Officer. In such position, Company and the Partnership as may be reasonably assigned to the Executive shall report directly to, and only to, from time to time by the Chief Executive Officer of the Company or such other officer identified by the Board of Directors of the Company (the “Board”) from time to time), and shall have such duties, functions, responsibilities and authority as shall be determined from time report to time by the Chief Executive Officer or other officer identified Officer. The Executive’s primary office will be in the Phoenix, Arizona metropolitan area, and the Executive will be expected to travel as reasonably required in order to perform his duties. The location of the Executive’s primary office may be changed by the Chief Executive Officer (subject to Board approval). Effective as of the Effective Date, Executive shall be appointed to serve as a member mutual written consent of the Board without additional compensation. and the Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with the performance of his duties.
(bii) During the Employment TermPeriod, the Executive will agrees to devote substantially all of his attention and time during normal business time and reasonable best efforts (except for permitted vacation periods and reasonable periods of illness or incapacity) hours to the business and affairs of the Company and will the Partnership and, to the extent necessary to discharge the responsibilities assigned to the Executive hereunder, to perform faithfully and efficiently such responsibilities. During the Employment Period, the Executive shall not engage be permitted to participate or invest in or manage any other business, profession for-profit business activity or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere venture not arising in connection with the rendition performance of such services either directly or indirectly; provided that nothing herein shall preclude Executive from (i) managing personal and family investments, (ii) providing Schedule A Services his duties pursuant to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board (such approval not to be unreasonably withheld) (x) accepting appointment to serve on any board of directors or trustees of any business corporation, or (y) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizationsthis Agreement; provided, however, that it shall not be a violation of this Agreement for the Executive to (i) with the prior written approval of the Board, serve on the boards of directors of for-profit companies, (ii) serve on civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, or teach at educational institutions and manage personal investments and (iii) manage, use, allocate or invest any such personal or family assets or investments, so long as, in the case of activities as described in the preceding clauses (i), (ii) and (iii) of the preceding provisions of this paragraph ), such activities do not materially conflict or materially significantly interfere with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with this Agreement or otherwise create a conflict with Section 6. “Schedule A Services” means those services performed for one of interest or more breach of the entities set forth on Schedule A hereto (the “Schedule A Entities”); provided, however, that with respect to single family homes, such services shall be limited to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Cole Real Estate Investments, Inc.)
Position, Duties and Authority. (ai) During the Employment TermPeriod, the Executive shall serve the Company as Executive Vice its President and the Company’s Chief Investment Officer. In such position, Executive shall report directly to, and only to, the Chief Executive Officer of Officer, shall perform customary and appropriate duties for the Company or such other officer identified and the Partnership as may be reasonably assigned to the Executive from time to time by the Executive Chairman of the Board of Directors of the Company (the “Board”) from time to timeor the Board, and shall have such report to the Executive Chairman and the Board. The Executive’s primary office will be in the Phoenix, Arizona metropolitan area, and the Executive will be expected to travel as reasonably required in order to perform his duties, functions, responsibilities and authority as shall . The location of the Executive’s primary office may be determined from time to time changed by the Chief Executive Officer or other officer identified by the Chief Executive Officer (subject to Board approval). Effective as of the Effective Date, Executive shall be appointed to serve as a member mutual written consent of the Board without additional compensation. and the Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with the performance of his duties.
(bii) During the Employment TermPeriod, the Executive will agrees to devote substantially all of his attention and time during normal business time and reasonable best efforts (except for permitted vacation periods and reasonable periods of illness or incapacity) hours to the business and affairs of the Company and will the Partnership and, to the extent necessary to discharge the responsibilities assigned to the Executive hereunder, to perform faithfully and efficiently such responsibilities. During the Employment Period, the Executive shall not engage be permitted to participate or invest in or manage any other business, profession for-profit business activity or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere venture not arising in connection with the rendition performance of such services either directly or indirectly; provided that nothing herein shall preclude Executive from (i) managing personal and family investments, (ii) providing Schedule A Services his duties pursuant to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board (such approval not to be unreasonably withheld) (x) accepting appointment to serve on any board of directors or trustees of any business corporation, or (y) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizationsthis Agreement; provided, however, that it shall not be a violation of this Agreement for the Executive to (i) with the prior written approval of the Board, serve on the boards of directors of for-profit companies, (ii) serve on civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, or teach at educational institutions and manage personal investments and (iii) manage, use, allocate or invest any such personal or family assets or investments, so long as, in the case of activities as described in the preceding clauses (i), (ii) and (iii) of the preceding provisions of this paragraph ), such activities do not materially conflict or materially significantly interfere with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with this Agreement or otherwise create a conflict with Section 6. “Schedule A Services” means those services performed for one of interest or more breach of the entities set forth on Schedule A hereto (the “Schedule A Entities”); provided, however, that with respect to single family homes, such services shall be limited to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Cole Credit Property Trust III, Inc.)
Position, Duties and Authority. (ai) During the Employment TermPeriod, the Executive shall serve the Company as its Executive Vice President, Chief Financial Officer and Treasurer and as President of Xxxx Capital Corporation and shall perform customary and appropriate duties for the Company and the Company’s Chief Investment Officer. In such position, Partnership as may be reasonably assigned to the Executive shall report directly to, and only to, from time to time by the Chief Executive Officer of the Company or such other officer identified by the Board of Directors of the Company (the “Board”) from time to time), and shall have such duties, functions, responsibilities and authority as shall be determined from time report to time by the Chief Executive Officer or other officer identified Officer. The Executive’s primary office will be in the Phoenix, Arizona metropolitan area, and the Executive will be expected to travel as reasonably required in order to perform his duties. The location of the Executive’s primary office may be changed by the Chief Executive Officer (subject to Board approval). Effective as of the Effective Date, Executive shall be appointed to serve as a member mutual written consent of the Board without additional compensation. and the Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with the performance of his duties.
(bii) During the Employment TermPeriod, the Executive will agrees to devote substantially all of his attention and time during normal business time and reasonable best efforts (except for permitted vacation periods and reasonable periods of illness or incapacity) hours to the business and affairs of the Company and will the Partnership and, to the extent necessary to discharge the responsibilities assigned to the Executive hereunder, to perform faithfully and efficiently such responsibilities. During the Employment Period, the Executive shall not engage be permitted to participate or invest in or manage any other business, profession for-profit business activity or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere venture not arising in connection with the rendition performance of such services either directly or indirectly; provided that nothing herein shall preclude Executive from (i) managing personal and family investments, (ii) providing Schedule A Services his duties pursuant to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board (such approval not to be unreasonably withheld) (x) accepting appointment to serve on any board of directors or trustees of any business corporation, or (y) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizationsthis Agreement; provided, however, that it shall not be a violation of this Agreement for the Executive to (i) with the prior written approval of the Board, serve on the boards of directors of for-profit companies, (ii) serve on civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, or teach at educational institutions and manage personal investments and (iii) manage, use, allocate or invest any such personal or family assets or investments, so long as, in the case of activities as described in the preceding clauses (i), (ii) and (iii) of the preceding provisions of this paragraph ), such activities do not materially conflict or materially significantly interfere with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with this Agreement or otherwise create a conflict with Section 6. “Schedule A Services” means those services performed for one of interest or more breach of the entities set forth on Schedule A hereto (the “Schedule A Entities”); provided, however, that with respect to single family homes, such services shall be limited to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Cole Real Estate Investments, Inc.)
Position, Duties and Authority. (a) During the Employment Term, Executive shall serve as the Company’s Executive Vice President and the Company’s Chief Investment Financial Officer. In such position, Executive shall report directly to, and only to, the Chief Executive Officer of the Company or such other officer identified by the Board of Directors of the Company (the “Board”) from time to time, and shall have such duties, functions, responsibilities and authority as shall be determined from time to time by the Chief Executive Officer or other of the Company and be consistent with the duties, functions, responsibilities and authority of an executive vice president and chief financial officer identified by of a publicly-traded real estate investment trust. Executive shall report directly to the Chief Executive Officer (subject to Board approval). Effective as of the Effective Date, Executive shall be appointed to serve as a member of the Board without additional compensation. Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with the performance of his dutiesCompany.
(b) During the Employment Term, Executive will devote substantially all of his her full business time and reasonable best efforts to the performance of Executive’s duties hereunder (except for permitted vacation periods and reasonable excluding periods of illness or incapacityvacation and sick leave) to the business and affairs of the Company and will not engage in any other business, profession or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere with the rendition of such services services, either directly or indirectly, without the prior written consent of the Chief Executive Officer; provided that nothing herein shall preclude Executive from Executive, subject (in the case of (i) managing personal and family investments, (iibelow) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board Chief Executive Officer (such which approval shall not to be unreasonably withheld) ), from (xi) accepting appointment to or continuing to serve on any the board of directors or trustees of any up to two other business corporationcorporations (but not more than one audit committee), or (yii) serving as an officer or director of or otherwise participating in non-profit educational, welfare, social, religious and civil organizations, including, without limitation, all such positions and participation in effect as of the Effective Date, and (iii) managing personal and family investments; provided, however, that any such activities as described in (i), (ii) and or (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with this Agreement or conflict with Section 6. “Schedule A Services” means those services performed for one or more Executive shall be permitted to retain all compensation in respect of any of the entities set forth on Schedule A hereto services or activities referred to in the first proviso of the first sentence of this Section 2(b).
(c) As of the “Schedule A Entities”); providedstart of the Employment Term, however, that with respect to single family homes, such services Executive’s principal place of employment shall be limited the Company’s offices located at 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, subject to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)required travel.
Appears in 1 contract
Samples: Employment Agreement (Brixmor Operating Partnership LP)
Position, Duties and Authority. (ai) During the Employment TermPeriod, the Executive shall serve as Executive Vice President and the Company’s Chief Investment Officer. In such position, Executive shall report directly to, and only to, the Chief Executive Officer of the Company or such other officer identified by as its Executive Chairman of the Board of Directors of the Company (the “Board”) from time ), shall perform customary and appropriate duties for the Company and the Partnership as may be reasonably assigned to time, and shall have such duties, functions, responsibilities and authority as shall be determined the Executive from time to time by the Chief Executive Officer or other officer identified by Board, shall have the Chief Executive Officer (subject authority to Board approval). Effective pursue the strategic direction of Holdings as contemplated as of the Effective Datedate of this Agreement and shall report only to the Board. The Executive’s primary office will be in the Phoenix, Arizona metropolitan area, and the Executive shall will be appointed expected to serve travel as a member reasonably required in order to perform his duties. The location of the Executive’s primary office may be changed by the mutual written consent of the Board without additional compensation. and the Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with the performance of his duties.
(bii) During the Employment TermPeriod, the Executive will agrees to devote substantially all of his attention and time during normal business time and reasonable best efforts (except for permitted vacation periods and reasonable periods of illness or incapacity) hours to the business and affairs of the Company and will the Partnership and, to the extent necessary to discharge the responsibilities assigned to the Executive hereunder, to perform faithfully and efficiently such responsibilities. During the Employment Period, the Executive shall not engage be permitted to participate or invest in or manage any other business, profession for-profit business activity or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere venture not arising in connection with the rendition performance of such services either directly or indirectly; provided that nothing herein shall preclude Executive from (i) managing personal and family investments, (ii) providing Schedule A Services his duties pursuant to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board (such approval not to be unreasonably withheld) (x) accepting appointment to serve on any board of directors or trustees of any business corporation, or (y) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizationsthis Agreement; provided, however, that it shall not be a violation of this Agreement for the Executive to (i) with the prior written approval of the Board, serve on the boards of directors of for-profit companies, (ii) serve on civic or charitable boards or committees, deliver lectures, fulfill speaking engagements, or teach at educational institutions and manage personal investments and (iii) manage, use, allocate or invest any such personal or family assets or investments, so long as, in the case of activities as described in the preceding clauses (i), (ii) and (iii) of the preceding provisions of this paragraph ), such activities do not materially conflict or materially significantly interfere with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with this Agreement or otherwise create a conflict with Section 6. “Schedule A Services” means those services performed for one of interest or more breach of the entities set forth on Schedule A hereto (the “Schedule A Entities”); provided, however, that with respect to single family homes, such services shall be limited to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Cole Credit Property Trust III, Inc.)
Position, Duties and Authority. (a) During the Employment TermTerm (as defined below), Executive Employee shall serve as Executive Vice President and the Company’s Chief Investment Executive Officer. In such positionEmployer must do all things reasonably necessary to assist Employee in the performance of his duties, Executive shall report directly toincluding the disclosure of information necessary to obtain investors, customers and only to, the Chief Executive Officer venders of the Company or such other officer identified by the Board of Directors of the Company (the “Board”) from time to time, Employer and shall have such dutiesresponsibilities, functions, responsibilities duties and authority as shall be determined from time to time by the Chief Executive Officer or other officer identified by the Chief Executive Officer (subject to Board approval). Effective are consistent with such position and as of the Effective Date, Executive shall be appointed to serve as a member of the Board without additional compensation. Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges thatmay, from time to time, Executive will be required reasonably assigned by Employer's Board of Directors (the "Board"). Employee shall also be elected to travel the board of directors. Any substantial changes to such responsibilities, duties and authority shall be provided to Employee in connection with the performance of his duties.
(b) writing or otherwise agreed to between Employer and Employee. During the Employment Term, Executive will Employee shall serve Employer, faithfully and to the best of Employee's ability, and shall devote substantially all an adequate amount of his Employee's business time time, attention, skill and reasonable best efforts (except for permitted vacation periods and reasonable periods of illness or incapacity) exclusively to the business and affairs of Employer (including its subsidiaries and affiliates) and the Company promotion of its interests as is necessary for the successful discharge of employees' duties and will not obligations. Notwithstanding the foregoing, Employee may engage in any other businessaircraft and avionics sales, profession or occupation for compensation or otherwise internet marketing except in the sale of gold and precious metals and financial services, charitable, educational, religious, civic and similar types of activities (all of which would unreasonably conflict or unreasonably interfere with the rendition of such services either directly or indirectly; provided that nothing herein shall preclude Executive from (ibe deemed to benefit Employer) managing personal and family investments, (ii) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board (such approval not to be unreasonably withheld) (x) accepting appointment to serve on any board of directors or trustees of any business corporation, or (y) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizations; provided, however, extent that any such activities as described in (i) and (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere with the performance and fulfillment of the Executive’s Employee's duties and responsibilities as an executive hereunder or director of the Company in accordance with this Agreement inhibit or conflict with Section 6the business of Employer, its subsidiaries and affiliates. “Schedule A Services” means those services performed for one In no event may Employee serve on boards of directors or more advisory committees without the prior written consent of the entities set forth on Schedule A hereto (the “Schedule A Entities”); providedBoard, however, that with respect to single family homes, such services which consent shall not be limited to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)unreasonably withheld.
Appears in 1 contract
Samples: Executive Employment Agreement (PMX Communities, Inc.)
Position, Duties and Authority. (a) During the Employment Term, Executive shall serve as Executive Vice President and the Company’s President and Chief Investment Operating Officer. In such position, Executive shall report directly to, and only to, the Chief Executive Officer of the Company or such other officer identified by the Board of Directors of the Company (the “Board”) from time to time, and shall have such duties, functions, responsibilities and authority as shall be determined from time to time by the Chief Executive Officer or other officer identified by of the Company and be substantially consistent with the duties, functions, responsibilities and authority of an individual in Executive’s position at a public real estate company. Executive shall report directly to the Chief Executive Officer (subject to Board approval). Effective as of the Effective Date, Executive shall be appointed to serve as a member of the Board without additional compensation. Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with the performance of his dutiesCompany.
(b) During the Employment Term, Executive will devote substantially all of his Executive’s full business time and reasonable best efforts to the performance of Executive’s duties hereunder (except for permitted vacation periods and reasonable excluding periods of illness or incapacityvacation and sick leave) to the business and affairs of the Company and will not engage in any other business, profession or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere with the rendition of such services services, either directly or indirectly; provided that nothing herein shall preclude Executive from Executive, subject (in the case of (i) managing personal and family investments, (ii) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iiibelow) subject to the prior approval of the Board Chief Executive Officer (such which approval shall not to be unreasonably withheld) ), from (xi) accepting appointment to serve on any the board of directors or trustees of any one other business corporationcorporations (including the audit committee thereof), or (yii) serving as an officer or director of or otherwise participating in non-profit educational, welfare, social, religious and civil organizations, and (iii) managing personal and family investments; provided, however, that any such activities as described in (i), (ii) and or (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with this Agreement or conflict with Section 6. “Schedule A Services” means those services performed for one or more Executive shall be permitted to retain all compensation in respect of any of the entities set forth on Schedule A hereto services or activities referred to in the first proviso of the first sentence of this Section 2(b).
(c) As of the “Schedule A Entities”); providedstart of the Employment Term, however, that with respect to single family homes, such services Executive’s principal place of employment shall be limited to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)Company’s offices located at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000.
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Samples: Employment Agreement (Brixmor Operating Partnership LP)
Position, Duties and Authority. (a) During the Employment Term, Executive shall serve as Executive Vice President and the Company’s Interim Chief Investment Financial Officer. In such position, Executive shall report directly to, and only to, the Chief Executive Officer of the Company or such other officer identified by the Board of Directors of the Company (the “Board”) from time to time, and shall have such duties, functions, responsibilities and authority as shall be determined from time to time by the Chief Executive Officer or other and be consistent with the duties, functions, responsibilities and authority of a chief financial officer identified by of a publicly-traded real estate investment trust. Executive shall report to the Chief Executive Officer (subject to Board approval). Effective as of the Effective Date, Executive shall be appointed to serve as a member of the Board without additional compensation. Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with the performance of his dutiesOfficer.
(b) During the Employment Term, Executive will devote substantially all of his full business time and reasonable best efforts (except for permitted vacation periods and reasonable periods of illness or incapacity) to the business and affairs performance of the Company Executive’s duties hereunder and will not engage in any other business, profession or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere with the rendition of such services either directly or indirectly, without the prior written consent of the Board of Directors of the Company (the “Board”); provided provided, however, that nothing herein shall preclude Executive from (i) managing personal and family investments, (ii) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval of the Board (such approval not to be unreasonably withheld) (x) accepting appointment to or continuing to serve on any board of directors or trustees of any business corporation, or subject to the prior approval of the Board, (yii) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizations, including, without limitation, all such positions and participation in effect as of the Effective Date, and (iii) managing personal and family investments, as well Executive’s involvement in real estate investments; provided, however, that any such activities as described in (i), (ii) and or (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with this Agreement or conflict with Section 6Agreement. “Schedule A Services” means those services performed for one or more Executive shall be permitted to retain all compensation in respect of any of the entities set forth on Schedule A hereto services or activities referred to in the first proviso of the first sentence of this Section 2(b).
(the “Schedule A Entities”); provided, however, that with respect to single family homes, such services c) The Executive’s principal places of employment shall be limited at the Company’s offices located in New York, New York subject to managing investments required travel to the Company’s offices in single family homes Conshohocken, Pennsylvania and as otherwise necessary, with such travel to be reimbursed by the Company.
(d) Upon the appointment of a permanent chief financial officer by the Company, Executive, as reasonably requested by the Company, shall provide assistance in transitioning his duties and responsibilities, and provide information relevant to matters as to which such entities have a financial interest (the “Permitted Single Family Home Services”)he gained knowledge during his employment. This Section 2(d) survives termination of this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Brixmor Operating Partnership LP)
Position, Duties and Authority. (a) During the Employment Term, Executive shall serve as Executive Vice President and the Company’s Chief Investment Executive Officer. In such position, Executive shall report directly to, and only to, the Chief Executive Officer of the Company or such other officer identified by the Board of Directors of the Company (the “Board”) from time to time, and shall have such duties, functions, responsibilities and authority as shall be determined from time to time by the Chief Executive Officer or other officer identified by the Chief Executive Officer (subject to Board approval). Effective as of Directors of the Effective DateCompany (the “Board”) and be consistent with the duties, functions, responsibilities and authority of an individual in Executive’s position. Executive shall be appointed report directly and solely to the Board. Executive shall also serve as a member of the Board without additional compensation. Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges that, from time to time, Executive will be required to travel in connection with the performance of his duties.
(b) During the Employment Term, Executive will devote substantially all of his Executive’s business time and reasonable best efforts to the operation and oversight of the Company’s businesses and performance of Executive’s duties hereunder (except for permitted vacation periods and reasonable excluding periods of illness or incapacityvacation and sick leave) to the business and affairs of the Company and will not engage in any other business, profession business activities that could conflict with his duties or occupation for compensation or otherwise which would unreasonably conflict or unreasonably interfere with services to the rendition of such services either directly or indirectlyCompany; provided that nothing herein shall preclude Executive from (i) managing personal and family investmentsExecutive, (ii) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to the prior approval obtaining consent of the Board (such approval not to be unreasonably withheld) ), from (xi) accepting appointment to or continuing to serve on any board of directors or trustees of any business corporation, or (yii) serving as an officer or director or otherwise participating in non-profit educational, welfare, social, religious and civil organizations, (iii) managing Executive’s personal investments, (iv) continuing to sit on the boards of SavATree, Xxxxxxx, and the national advisory board of Xxxxxxx Xxxxx University, and (v) continuing to provide limited advisory time to another chief executive officer as previously disclosed to and approved by the Board; provided, however, that any such activities as described in do not (ix) and (iii) of violate the preceding provisions terms of this paragraph do not materially conflict Agreement, (y) interfere, either individually or materially interfere in the aggregate, with the performance and fulfillment of the Executive’s duties and responsibilities as an executive or director of the Company in accordance with under this Agreement or conflict with Section 6. “Schedule A Services” means those services performed for one (z) create a potential business or more of the entities set forth on Schedule A hereto (the “Schedule A Entities”); provided, however, that with respect to single family homes, such services shall be limited to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)fiduciary conflict.
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Position, Duties and Authority. (a) During the Employment TermTerm (as defined below), Executive Employee shall serve as Executive Vice President and the Company’s Chief Investment Officer. In such position, Executive shall report directly to, and only to, the Chief Executive Officer Chairman of the Company or such other officer identified by the Board of Directors Directors, Executive Vice President, Manufacturing and Technology, and Chief Technical Officer of the Company (the “Board”) from time to timeEmployer, and shall have such dutiesresponsibilities, functions, responsibilities duties and authority as shall be determined from time to time by the Chief Executive Officer or other officer identified by the Chief Executive Officer (subject to Board approval). Effective are consistent with such positions and as of the Effective Date, Executive shall be appointed to serve as a member of the Board without additional compensation. Executive’s principal place of employment shall be Dallas, Texas, and Executive acknowledges thatmay, from time to time, be reasonably assigned by the Chief Executive will Officer of Employer. Any substantial changes to such responsibilities, duties and authority shall be required provided to travel Employee in connection with the performance of his duties.
(b) writing and agreed to between Employer and Employee. During the Employment Term, Employee shall report directly to the Chief Executive will Officer of Employer. During the Term, Employee shall serve Employer, faithfully and to the best of Employee's ability, and shall devote substantially all a majority of his Employee's business time time, attention, skill and reasonable best efforts (except for permitted vacation periods and reasonable periods of illness or incapacity) exclusively to the business and affairs of Employer (including its subsidiaries and affiliates) and the Company and will not promotion of its interests. Notwithstanding the foregoing, Employee may engage in any other businesscharitable, profession educational, religious, civic and similar types of activities (all of which shall be deemed to benefit Employer) to the extent that such activities do not inhibit or occupation for compensation prohibit the performance of Employee's duties hereunder or otherwise which would unreasonably inhibit or conflict or unreasonably interfere with the rendition business of such services either directly Employer, its subsidiaries and affiliates. Further, nothing in this Agreement shall be deemed to prohibit Employee from continuing to serve in the capacity of Chief Executive Officer of ADM Tronics Unlimited, Inc. ("ADM Tronics"). In no event may Employee serve on boards of directors or indirectly; provided that nothing herein shall preclude Executive from (i) managing personal and family investments, (ii) providing Schedule A Services to substantially the same extent provided as of the Original Effective Date, or (iii) subject to advisory committees without the prior approval written consent of the Board of Directors of Employer (such approval the "Board"), which consent shall not to be unreasonably withheld) (x) accepting appointment . During the Term, Employee shall perform his duties from Employer's primary business offices that are located in Northvale, New Jersey, subject to serve on any board of directors or trustees of any business corporation, or (y) serving as an officer or director or otherwise participating normal and reasonable travel requirements in non-profit educational, welfare, social, religious and civil organizations; provided, however, that any such activities as described in (i) and (iii) of the preceding provisions of this paragraph do not materially conflict or materially interfere connection with the performance and fulfillment of the Executive’s his duties and responsibilities as an executive or director of the Company in accordance with this Agreement or conflict with Section 6. “Schedule A Services” means those services performed for one or more of the entities set forth on Schedule A hereto (the “Schedule A Entities”); provided, however, that with respect to single family homes, such services shall be limited to managing investments in single family homes in which such entities have a financial interest (the “Permitted Single Family Home Services”)hereunder.
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