Common use of Position Duties and Location Clause in Contracts

Position Duties and Location. During the Employment Period, Executive shall, subject to the provisions of Section 1 above, serve as Vice Chairman, Chief Financial Officer and Secretary of the Company and shall be nominated for election, and if so elected shall continue to serve, as a member of the Board of Directors of the Company and, unless the Company and Executive shall jointly determine otherwise, Vice Chairman of the Board of Directors of the Company (the "Board"). During the Employment Period, Executive shall have the duties, responsibilities and obligations (a) as are customarily assigned to individuals serving as the Vice Chairman, Chief Financial Officer and Secretary of comparable companies and (b) as have been assigned, exercised or assumed in accordance with past practice, together with such other duties, responsibilities and obligations consistent with such positions as the Board shall from time to time specify, provided that such additional duties, responsibilities and obligations are fair and reasonable under the circumstances, do not unreasonably increase the demands upon the Executive's time or energies, and are not inconsistent with the Executive's position as Vice Chairman, Chief Financial Officer and Secretary. The Executive shall devote such time and energy to the business and affairs of the Company as he deems reasonably necessary to perform the duties of these positions and shall use his best efforts, skills and abilities to improve and advance the business and interests of the Company and its subsidiaries. Without limiting the generality of the foregoing, the Company hereby acknowledges that the Executive has certain responsibilities to Xxxxxx Capital, M Capital and related companies, and, provided that the Executive otherwise has performed his duties on behalf of the Company hereunder, the Company agrees that nothing contained in this Agreement shall interfere with such responsibilities. Nothing contained in this Section 2 shall preclude Executive from (i) serving on the board of directors of any business corporation, unless such service would be contrary to applicable law, (ii) serving on the board of directors of, or working for, any charitable or community organization or (iii) pursuing his personal financial and legal affairs, so long as such activities, individually or collectively, do not interfere with the performance of Executive's duties hereunder or violate any of the provisions of Section 6 hereof. Executive's place of employment shall be at the Company's principal executive office in Rye, New York throughout the term of this Agreement.

Position Duties and Location. During the Employment Period, Executive shall, subject to the provisions of Section 1 above, serve as Vice Chairman, Chairman and Chief Financial Executive Officer and Secretary of the Company and shall be nominated for election, and if so elected shall continue to serve, as a member of the Board of Directors of the Company and, unless the Company and Executive shall jointly determine otherwise, Vice Chairman of the Board of Directors of the Company (the "Board"). During the Employment Period, Executive shall have the duties, responsibilities and obligations (a) as are customarily assigned to individuals serving as the Vice Chairman, Chairman and Chief Financial Executive Officer and Secretary of comparable companies and (b) as have been assigned, exercised or assumed in accordance with past practice, together with such other duties, responsibilities and obligations consistent with such positions as the Board shall from time to time specify, provided that such additional duties, responsibilities and obligations are fair and reasonable under the circumstances, do not unreasonably increase the demands upon the Executive's time or energies, and are not inconsistent with the Executive's position as Vice ChairmanChairman and Chief Executive Officer. During the Employment Period, Chief Financial Officer and Secretarythe Executive will be the most senior executive to report to the Board. The Executive shall devote such time and energy to the business and affairs of the Company as he deems reasonably necessary to perform the duties of these positions and shall use his best efforts, skills and abilities to improve and advance the business and interests of the Company and its subsidiaries. Without limiting the generality of the foregoing, the Company hereby acknowledges that the Executive has certain responsibilities to Xxxxxx Capital, M Capital and related companies, and, provided that the Executive otherwise has performed his duties on behalf of the Company hereunder, the Company agrees that nothing contained in this Agreement shall interfere with such responsibilities. Nothing contained in this Section 2 shall preclude Executive from (i) serving on the board of directors of any business corporation, unless such service would be contrary to applicable law, (ii) serving on the board of directors of, or working for, any charitable or community organization or (iii) pursuing his personal financial and legal affairs, so long as such activities, individually or collectively, do not interfere with the performance of Executive's duties hereunder or violate any of the provisions of Section 6 hereof. Executive's place of employment shall be at the Company's principal executive office in Rye, New York throughout the term of this Agreement.

Position Duties and Location. During the Employment Period, Executive shall, subject to the provisions of Section 1 above, shall serve as Vice Chairman, President and Chief Financial Executive Officer and Secretary of the Company and shall be nominated for election, and if so elected shall continue to serve, as a member of the Board of Directors of the Company and, unless the Company and Executive shall jointly determine otherwise, Vice Chairman of the Board of Directors of the Company (the "Board"). In addition, Executive shall serve in such other position or positions with the Company and its subsidiaries commensurate with his position and experience as the Board shall from time to time specify. During the Employment Period, Executive shall have the duties, responsibilities and obligations (a) as are customarily assigned to individuals serving as the Vice Chairman, Chief Financial Officer president and Secretary chief executive officer of comparable companies companies, and (b) as have been assigned, exercised or assumed in accordance with past practice, together with such other duties, responsibilities and obligations consistent with such positions as the Board shall from time to time specify. During the Employment Period, provided that such additional duties, responsibilities and obligations are fair and reasonable under the circumstances, do not unreasonably increase Executive will be the demands upon most senior executive to report to the Executive's time or energies, and are not inconsistent with the Executive's position as Vice Chairman, Chief Financial Officer and SecretaryBoard. The Executive shall devote such his full business time to the services required of him hereunder, except for vacation time and energy reasonable periods of absence due to the business sickness, personal injury or other disability, and affairs of the Company as he deems reasonably necessary shall use commercially reasonable efforts to perform such services in a manner consonant with the duties of these positions his position and shall use his best efforts, skills and abilities to improve and advance the business and interests of the Company and its subsidiaries. Without limiting the generality of the foregoing, the Company hereby acknowledges that the Executive has certain responsibilities to Xxxxxx Capital, M Capital and related companies, and, provided that the Executive otherwise has performed his duties on behalf of the Company hereunder, the Company agrees that nothing contained in this Agreement shall interfere with such responsibilities. Nothing contained in this Section 2 shall preclude Executive from (i) serving on the board of directors of any business corporation, unless such service would be contrary to applicable law, (ii) serving on the board of directors of, or working for, any charitable or community organization or (iii) pursuing his personal financial and legal affairs, so long as such activities, individually or collectively, do not interfere with the performance of Executive's duties hereunder or violate any of the provisions of Section 6 hereof. Executive's place of employment shall be at the Company's principal executive office in RyeUniondale, New York throughout the term of this AgreementYork.

Position Duties and Location. During the Employment Period, Executive shall, subject to the provisions of Section 1 above, serve as Vice Chairman, Chairman and Chief Financial Executive Officer and Secretary of the Company and shall be nominated for election, and if so elected shall continue to serve, as a member of the Board of Directors of the Company and, unless the Company and Executive shall jointly determine otherwise, Vice Chairman of the Board of Directors of the Company (the "“Board"”). During the Employment Period, Executive shall have the duties, responsibilities and obligations (a) as are customarily assigned to individuals serving as the Vice Chairman, Chairman and Chief Financial Executive Officer and Secretary of comparable companies and (b) as have been assigned, exercised or assumed in accordance with past practice, together with such other duties, responsibilities and obligations consistent with such positions as the Board shall from time to time specify, provided that such additional duties, responsibilities and obligations are fair and reasonable under the circumstances, do not unreasonably increase the demands upon the Executive's ’s time or energies, and are not inconsistent with the Executive's ’s position as Vice ChairmanChairman and Chief Executive Officer. During the Employment Period, Chief Financial Officer and Secretarythe Executive will be the most senior executive to report to the Board. The Executive shall devote such time and energy to the business and affairs of the Company as he deems reasonably necessary to perform the duties of these positions and shall use his best efforts, skills and abilities to improve and advance the business and interests of the Company and its subsidiaries. Without limiting the generality of the foregoing, the Company hereby acknowledges that the Executive has certain responsibilities to Freedom Acquisition Holdings, Inc., and the Xxxxxx Capital, M Capital and related group of companies, andand has a direct and/or indirect ownership interest in Freedom Acquisition Holdings, Inc., and provided that the Executive otherwise has performed his duties on behalf of the Company hereunder, the Company agrees that nothing contained in this Agreement shall prohibit or interfere with such ownership interest or responsibilities. Nothing contained in this Section 2 shall preclude Executive from (i) serving on the board of directors of any business corporation, unless such service would be contrary to applicable law, (ii) serving on the board of directors of, or working for, any charitable or community organization or (iii) pursuing his personal financial and legal affairs, so long as such activities, individually or collectively, do not interfere with the performance of Executive's ’s duties hereunder or violate any of the provisions of Section 6 hereof. Executive's place of employment shall be at the Company's principal executive office in Rye, New York throughout the term of this Agreement.

Position Duties and Location. During (a) You shall serve, on a full-time basis, as the Employment Period, Company’s Chief Executive shallOfficer and President, subject to the provisions of Section 1 above, serve as Vice Chairman, Chief Financial Officer direction and Secretary of the Company and shall be nominated for electioncontrol of, and if so elected shall continue to servereporting to, as a member of the Board of Directors of the Company and, unless the Company and Executive shall jointly determine otherwise, Vice Chairman of the Board of Directors of the Company (the "“Board"”). During the Employment Period, Executive shall have the duties, responsibilities and obligations (a) as are customarily assigned In addition to individuals serving as the Vice Chairman, Company’s Chief Financial Executive Officer and Secretary President, you will be appointed to serve as a member of comparable companies the Board effective as of the Start Date. Thereafter, for so long as you remain employed by the Company as its Chief Executive Officer and President, at each annual meeting of the Company’s stockholders at which you are up for election or reelection as a member of the Board, the Board or a committee thereof shall nominate you to serve as a member of the Board and you shall so serve if elected or reelected, subject to receiving the required approval of the Company’s stockholders and compliance with the Company’s policies applicable to Board members generally; provided, however, that (i) the failure of the stockholders to so elect or reelect you will not constitute Good Reason for termination by you of your employment hereunder, (ii) you will serve without further compensation therefor, and (biii) as have been assigned, exercised or assumed in accordance with past practice, together with such other duties, responsibilities and obligations consistent with such positions as you will resign from the Board effectively immediately upon termination of your employment for any reason. In addition, and without further compensation, you shall serve as a director and/or officer of one or more of the Company’s Affiliates if so elected or appointed from time to time specify, provided that such additional duties, responsibilities and obligations are fair and reasonable under the circumstances, do not unreasonably increase the demands upon the Executive's time or energies, and are not inconsistent with the Executive's position as Vice Chairman, Chief Financial Officer and Secretarytime. The Executive shall devote such time and energy You agree to the business and affairs of the Company as he deems reasonably necessary continue to perform the duties of these positions your position and shall use his such other duties as reasonably may be assigned to you from time to time. You also agree that while employed by the Company, you will continue to devote your full business time and your reasonable best efforts, skills business judgment, skill and abilities knowledge exclusively to improve and advance the advancement of the business and interests of the Company and its subsidiariesto the discharge of your duties and responsibilities for it. Without limiting the generality of the foregoingFurther, the Company hereby acknowledges that the Executive has certain responsibilities you will be permitted to Xxxxxx Capital, M Capital and related companies, and, provided that the Executive otherwise has performed his duties on behalf of the Company hereunder, the Company agrees that nothing contained in this Agreement shall interfere with such responsibilities. Nothing contained in this Section 2 shall preclude Executive from (i) serving on with the board prior written consent of directors the Board or a committee thereof, act or serve as a director, trustee, committee member, or principal of any business corporationtype of business, unless such service would be contrary to applicable lawcivic, or charitable organization and (ii) serving on purchase or own less than five percent (5%) of the board publicly traded securities of directors ofany entity; provided that, or working forsuch ownership represents a passive ownership; provided further that, any charitable or community organization or the activities described in clauses (iiii) pursuing his personal financial and legal affairs, so long as such activities, individually or collectively, (ii) do not interfere with the performance of Executive's your duties hereunder or and responsibilities to the Company as provided hereunder, violate any of the provisions of Section 6 hereof. Executive's place of employment shall be at the Company's principal executive office in Rye, New York throughout the term provision of this AgreementAgreement or pose a conflict of interest.

Position Duties and Location. During the Employment Period, Executive shall, subject to the provisions of Section 1 above, serve as Vice Chairman, Chairman and Chief Financial Officer and Secretary of the Company and shall be nominated for election, and if so elected shall continue to serve, as a member of the Board of Directors of the Company and, unless the Company and Executive shall jointly determine otherwise, Vice Chairman of the Board of Directors of the Company (the "“Board"”). During the Employment Period, Executive shall have the duties, responsibilities and obligations (a) as are customarily assigned to individuals serving as the Vice Chairman, Chairman and Chief Financial Officer and Secretary of comparable companies and (b) as have been assigned, exercised or assumed in accordance with past practice, together with such other duties, responsibilities and obligations consistent with such positions as the Board shall from time to time specify, provided that such additional duties, responsibilities and obligations are fair and reasonable under the circumstances, do not unreasonably increase the demands upon the Executive's ’s time or energies, and are not inconsistent with the Executive's ’s position as Vice Chairman, Chairman and Chief Financial Officer and SecretaryOfficer. The Executive shall devote such time and energy to the business and affairs of the Company as he deems reasonably necessary to perform the duties of these positions and shall use his best efforts, skills and abilities to improve and advance the business and interests of the Company and its subsidiaries. Without limiting the generality of the foregoing, the Company hereby acknowledges that the Executive has certain responsibilities to the Xxxxxx Capital, M Capital and related group of companies, andand has a direct or indirect ownership interest in Freedom Acquisition Holdings, Inc., and provided that the Executive otherwise has performed his duties on behalf of the Company hereunder, the Company agrees that nothing contained in this Agreement shall prohibit or interfere with such ownership or responsibilities. Nothing contained in this Section 2 shall preclude Executive from (i) serving on the board of directors of any business corporation, unless such service would be contrary to applicable law, (ii) serving on the board of directors of, or working for, any charitable or community organization or (iii) pursuing his personal financial and legal affairs, so long as such activities, individually or collectively, do not interfere with the performance of Executive's ’s duties hereunder or violate any of the provisions of Section 6 hereof. Executive's ’s place of employment shall be at the Company's ’s principal executive office in Rye, New York throughout the term of this Agreement.

Position Duties and Location. During the Employment Period, Executive shall, subject to the provisions of Section 1 above, serve as Vice Chairman, Chairman and Chief Financial Officer and Secretary of the Company and shall be nominated for election, and if so elected shall continue to serve, as a member of the Board of Directors of the Company (the “Board”) and, unless the Company Board and Executive shall jointly determine otherwise, Vice Chairman of the Board of Directors of the Company (the "Board"). During the Employment Period, Executive shall have the duties, responsibilities and obligations (a) as are customarily assigned to individuals serving as the Vice Chairman, Chairman and Chief Financial Officer and Secretary of comparable companies and (b) as have been assigned, exercised or assumed in accordance with past practice, together with such other duties, responsibilities and obligations consistent with such positions as the Board shall from time to time specify, provided that such additional duties, responsibilities and obligations are fair and reasonable under the circumstances, do not unreasonably increase the demands upon the Executive's ’s time or energies, and are not inconsistent with the Executive's ’s position as Vice Chairman, Chairman and Chief Financial Officer and SecretaryOfficer. The Executive shall devote such time and energy to the business and affairs of the Company as he deems reasonably necessary to perform the duties of these positions and shall use his best efforts, skills and abilities to improve and advance the business and interests of the Company and its subsidiaries. Without limiting the generality of the foregoing, the Company hereby acknowledges that the Executive has certain responsibilities to the Xxxxxx Capital, M Capital and related group of companies, andand may have a direct or indirect ownership interest in certain other non-competing companies, and provided that the Executive otherwise has performed his duties on behalf of the Company hereunder, the Company agrees that nothing contained in this Agreement shall prohibit or interfere with such ownership or responsibilities. Nothing contained in this Section 2 shall preclude Executive from (i) serving on the board of directors of any business corporation, unless such service would be contrary to applicable law, (ii) serving on the board of directors of, or working for, any charitable or community organization or (iii) pursuing his personal financial and legal affairs, so long as such activities, individually or collectively, do not interfere with the performance of Executive's ’s duties hereunder or violate any of the provisions of Section 6 hereof. Executive's ’s place of employment shall be at the Company's ’s principal executive office in Rye, New York throughout the term of this Agreement.

Position Duties and Location. During the Employment Period, Executive shall, subject to the provisions of Section 1 above, serve as Vice Chairman, Chief Financial Executive Officer and Secretary of the Company and shall be nominated for election, and if so elected shall continue to serve, as a member of the Board of Directors of the Company and, unless the Company and Executive shall jointly determine otherwise, Vice Chairman of the Board of Directors of the Company (the "“Board"”). During the Employment Period, Executive shall have the duties, responsibilities and obligations (a) as are customarily assigned to individuals serving as the Vice Chairman, Chief Financial Executive Officer and Secretary of comparable companies and (b) as have been assigned, exercised or assumed in accordance with past practice, together with such other duties, responsibilities and obligations consistent with such positions as the Board shall from time to time specify, provided that such additional duties, responsibilities and obligations are fair and reasonable under the circumstances, do not unreasonably increase the demands upon the Executive's ’s time or energies, and are not inconsistent with the Executive's ’s position as Vice Chairman, Chief Financial Officer and SecretaryExecutive Officer. The Executive shall devote such time and energy to the business and affairs of the Company as he deems reasonably necessary to perform the duties of these positions and shall use his best efforts, skills and abilities to improve and advance the business and interests of the Company and its subsidiaries. Without limiting the generality of the foregoing, the Company hereby acknowledges that the Executive has certain responsibilities to Xxxxxx Capital, M Capital and related companies, and, provided that the Executive otherwise has performed his duties on behalf of the Company hereunder, the Company agrees that nothing contained in this Agreement shall interfere with such responsibilities. Nothing contained in this Section 2 shall preclude Executive from (i) serving on the board of directors of any business corporation, unless such service would be contrary to applicable law, (ii) serving on the board of directors of, or working for, any charitable or community organization or (iii) pursuing his personal financial and legal affairs, so long as such activities, individually or collectively, do not interfere with the performance of Executive's ’s duties hereunder or violate any of the provisions of Section 6 hereof. Executive's ’s place of employment shall be at the Company's ’s principal executive office in Rye, New York throughout the term of this Agreement, unless otherwise mutually agreed.

Position Duties and Location. During the Employment Period, Executive shall, subject to the provisions of Section 1 above, serve as Vice Chairman, Chairman and Chief Financial Officer and Secretary of the Company and shall be nominated for election, and if so elected shall continue to serve, as a member of the Board of Directors of the Company (the “Board”) and, unless the Company Board and Executive shall jointly determine otherwise, Vice Chairman of the Board of Directors of the Company (the "Board"). During the Employment Period, Executive shall have the duties, responsibilities and obligations (a) as are customarily assigned to individuals serving as the Vice Chairman, Chairman and Chief Financial Officer and Secretary of comparable companies and (b) as have been assigned, exercised or assumed in accordance with past practice, together with such other duties, responsibilities and obligations consistent with such positions as the Board shall from time to time specify, provided that such additional duties, responsibilities and obligations are fair and reasonable under the circumstances, do not unreasonably increase the demands upon the Executive's ’s time or energies, and are not inconsistent with the Executive's ’s position as Vice Chairman, Chairman and Chief Financial Officer and SecretaryOfficer. The Executive shall devote such time and energy to the business and affairs of the Company as he deems reasonably necessary to perform the duties of these positions and shall use his best efforts, skills and abilities to improve and advance the business and interests of the Company and its subsidiaries. Without limiting the generality of the foregoing, the Company hereby acknowledges that the Executive has certain responsibilities to the Xxxxxx Capital, M Capital and related group of companies, andand may have a direct or indirect ownership interest in certain other non-competing companies, and provided that the Executive otherwise has performed his duties on behalf of the Company hereunder, the Company agrees that nothing contained in this Agreement shall prohibit or interfere with such ownership or responsibilities. Nothing contained in this Section 2 shall preclude Executive from (i) serving on the board of directors of any business corporation, unless such service would be contrary to applicable law, (ii) serving on the board of directors of, or working for, any charitable or community organization or (iii) pursuing his personal financial and legal affairs, so long as such activities, individually or collectively, do not interfere with the performance of Executive's ’s duties hereunder or violate any of the provisions of Section 6 hereof. Executive's ’s place of employment shall be at the Company's ’s principal executive office in Rye, New York throughout the term of this Agreement, unless otherwise mutually agreed.

Position Duties and Location. During the Employment Period, Executive shall, subject to the provisions of Section 1 above, shall serve as Vice Chairman, President and Chief Financial Executive Officer and Secretary of the Company and shall be nominated for election, and if so elected shall continue to serve, as a member of the Board of Directors of the Company and, unless the Company and Executive shall jointly determine otherwise, Vice Chairman of the Board of Directors of the Company (the "Board"). In addition, Executive shall serve in such other position or positions with the Company and its subsidiaries commensurate with his position and experience as the Board shall from time to time specify. During the Employment Period, Executive shall have the duties, responsibilities and obligations (a) as are customarily assigned to individuals serving as the Vice Chairman, Chief Financial Officer president and Secretary chief executive officer of comparable companies companies, and (b) as have been assigned, exercised or assumed in accordance with past practice, together with such other duties, responsibilities and obligations consistent with such positions as the Board shall from time to time specify. During the Employment Period, provided that such additional duties, responsibilities the Executive will at all times report directly to the Board and obligations are fair and reasonable under will be the circumstances, do not unreasonably increase most senior executive to report to the demands upon the Executive's time or energies, and are not inconsistent with the Executive's position as Vice Chairman, Chief Financial Officer and SecretaryBoard. The Executive shall devote such his full business time to the services required of him hereunder, except for vacation time and energy reasonable periods of absence due to the business and affairs of the Company as he deems reasonably necessary to perform the duties of these positions sickness, personal injury or other disability, and shall use his best efforts, skills efforts to perform such services in a manner consonant with the duties of his position and abilities to improve and advance the business and interests of the Company and its subsidiaries. Without limiting the generality of the foregoing, the Company hereby acknowledges that the Executive has certain responsibilities to Xxxxxx Capital, M Capital and related companies, and, provided that the Executive otherwise has performed his duties on behalf of the Company hereunder, the Company agrees that nothing contained in this Agreement shall interfere with such responsibilities. Nothing contained in this Section 2 shall preclude Executive from (i) serving on the board of directors of any business corporation, unless such service would be contrary to applicable law, (ii) serving on the board of directors of, or working for, any charitable or community organization or (iii) pursuing his personal financial and legal affairs, so long as such activities, individually or collectively, do not interfere with the performance of Executive's duties hereunder or violate any of the provisions of Section 6 hereof. Executive's place of employment shall be at the Company's principal executive office in RyeOrlando, Florida; PROVIDED, HOWEVER, that Executive may spend one week per month in New York throughout the term of this AgreementYork.