Common use of Position Duties and Responsibilities Place of Performance Clause in Contracts

Position Duties and Responsibilities Place of Performance. (a) During the Term of Employment, Executive shall serve as the Executive Vice President, Chief Financial Officer for the Company reporting to the Company’s President and Chief Executive Officer (the “CEO”), together with such other position or positions consistent with Executive’s title as the Board shall specify from time to time, and shall have such duties typically associated with such title. (b) Executive shall devote her full business time, attention, skill and best efforts to the performance of her duties under this Agreement and shall not engage in any other business or occupation during the Term of Employment that (x) conflicts with the interests of the Company, (y) interferes with the proper and efficient performance of her duties for the Company, or (z) interferes with the exercise of her judgment in the Company’s best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive from (i) serving, with the prior written consent of the CEO, as a member of the board of directors or advisory board (or their equivalents in the case of a non-corporate entity) of non-competing businesses and charitable organizations, (ii) engaging in charitable activities and community affairs, and (iii) managing her personal investments and affairs; provided, however, that the activities set out in clauses (i), (ii) and (iii) shall be limited by Executive so as not to materially interfere, individually or in the aggregate, with the performance of her duties and responsibilities hereunder or otherwise conflict with the terms of the Confidentiality Agreement (as defined above). (c) Executive’s principal place of employment initially shall be at her home office in San Diego County, California or such other location mutually agreed by Executive and the CEO in writing. Executive may be required to travel from time to time for business reasons. The Company, as part of an accountable plan, shall reimburse Executive’s ordinary and necessary business expenses incurred by Executive in connection with Executive’s visits to and work from the Company’s Goleta, California location, including, without limitation, reasonable travel and accommodations consistent with the Company’s then existing policies for other senior executives.

Position Duties and Responsibilities Place of Performance. (a) During the Term of Employment, Executive shall serve as the Executive Vice President, Chief Financial Commercial Officer for the Company reporting to the Company’s President and Chief Executive Officer (the “CEO”)Officer, together with such other position or positions consistent with Executive’s title as the Board shall specify from time to time, time and shall have such duties typically associated with such title. (b) Executive shall devote her his full business time, attention, skill and best efforts to the performance of her his duties under this Agreement and shall not engage in any other business or occupation during the Term of Employment that (x) conflicts with the interests of the Company, (y) interferes with the proper and efficient performance of her his duties for the Company, or (z) interferes with the exercise of her his judgment in the Company’s best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive from (i) serving, with the prior written consent of the CEO, as a member of the board of directors or advisory board (or their equivalents in the case of a non-corporate entity) of non-competing businesses and charitable organizations, (ii) engaging in charitable activities and community affairs, and (iii) managing her his personal investments and affairs; provided, however, that the activities set out in clauses (i), (ii) and (iii) shall be limited by Executive so as not to materially interfere, individually or in the aggregate, with the performance of her his duties and responsibilities hereunder or otherwise conflict with the terms of the Confidentiality Agreement (as defined above). (c) Executive’s principal place of employment initially shall be at her home office in San Diego CountyGoleta, California or such other location mutually agreed by Executive and the CEO in writing. , although Executive understands and agrees that he may be CALIFORNIA EMPLOYEE VERSION FM-0410 Rev A required to travel from time to time for business reasons. The Company, as part of an accountable plan, shall reimburse To the extent Executive’s ordinary principal place of employment is outside of the State of California, Executive acknowledges and necessary business expenses incurred by Executive in connection with Executive’s visits to and work from agrees that, at the Company’s Goletadirection, California locationExecutive may be required to execute a new At-Will Employment, includingConfidential Information, without limitationInvention Assignment, reasonable travel and accommodations consistent Arbitration Agreement (or such other similar agreement in use by the Company at such time) that the Company uses with the Companyemployees in Executive’s then existing policies for other senior executivesprincipal place of employment.

Position Duties and Responsibilities Place of Performance. (a) During the Term of Employment, Executive shall serve as the Executive Vice President, Chief Financial Medical Officer for the Company reporting to the Company’s President and Chief Executive Officer (the “CEO”)Officer, together with such other position or positions consistent with Executive’s title as the Board shall specify from time to time, and shall have such duties typically associated with such title. (b) Executive shall devote her his full business time, attention, skill and best efforts to the performance of her his duties under this Agreement and shall not engage in any other business or occupation during the Term of Employment that (x) conflicts with the interests of the Company, (y) interferes with the proper and efficient performance of her his duties for the Company, or (z) interferes with the exercise of her his judgment in the Company’s best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive from (i) serving, with the prior written consent of the CEO, as a member of the board of directors or advisory board (or their equivalents in the case of a non-corporate entity) of non-competing businesses and charitable organizations, (ii) engaging in charitable activities and community affairs, and (iii) managing her his personal investments and affairs; provided, however, that the activities set out in clauses (i), (ii) and (iii) shall be limited by Executive so as not to materially interfere, individually or in the aggregate, with the performance of her his duties and responsibilities hereunder or otherwise conflict with the terms of the Confidentiality Agreement (as defined above). (c) Executive’s principal place of employment initially shall be at her home office in San Diego CountyXxxxxxxx, California New Jersey or such other location mutually agreed by Executive and the CEO in writing. , although Executive understands and agrees that he may be required to travel from time to time for business reasons. The Company, as part of an accountable plan, shall reimburse Executive’s ordinary and necessary business expenses incurred by Executive in connection with Executive’s visits to and work from the Company’s Goleta, California location, including, without limitation, reasonable travel and accommodations consistent with the Company’s then existing policies for policies. To the extent Executive’s principal place of employment is outside of the State of New Jersey, Executive acknowledges and agrees that, at the Company’s direction, Executive may be required to execute a new At-Will Employment, Confidential Information, Invention Assignment, and Arbitration Agreement (or such other senior executivessimilar agreement in use by the Company at such time) that the Company uses with employees in Executive’s principal place of employment.

Position Duties and Responsibilities Place of Performance. (a) During the Term of Employment, Executive shall serve as the Executive Vice President, Chief Financial Officer for the Company reporting to the Company’s President and Chief Executive Officer (the “CEO”), together with such other position or positions consistent with Executive’s title as the Board shall specify from time to time, and shall have such duties duties, responsibilities and authority typically associated with such title. Executive shall report directly to the Board. In addition, on the Effective Date, Executive shall be appointed to serve as a member of the Board, subject to any required stockholder approvals, and shall be nominated for re-election to the Board throughout the Term of Employment as Chief Executive Officer of the Company. (b) Executive shall devote her his full business time, attention, skill and best efforts to the performance of her his duties under this Agreement and shall not engage in any other business or occupation during the Term of Employment that (x) conflicts with the interests of the Company, (y) interferes with the proper and efficient performance of her his duties for the Company, or (z) interferes with the exercise of her his judgment in the Company’s best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive from (i) serving, with the prior written consent of the CEOBoard, as a member of the board of directors or advisory board (or their equivalents in the case of a non-corporate entity) of non-competing businesses and charitable organizations, (ii) engaging in charitable activities and community affairs, and (iii) managing her his personal investments and affairs; provided, however, that the activities set out in clauses (i), (ii) and (iii) shall be limited by Executive so as not to materially interfere, individually or in the aggregate, with the performance of her his duties and responsibilities hereunder or otherwise conflict with the terms of the Confidentiality Agreement (as defined above). (c) Executive’s principal place of employment initially shall be at her home office in San Diego Countythe Company’s Goleta, California or such other location mutually agreed by offices, although Executive understands and the CEO in writing. Executive agrees that he may be required to travel from time to time for business reasons. The CompanyNotwithstanding the foregoing, as part of an accountable plan, Executive shall reimburse initially work from Executive’s ordinary home office in New Jersey, but following the Company’s determination (in its discretion and necessary business expenses incurred by consistent with applicable “shelter-in-place” orders) that the Company’s C-level executives may return to work in the Company’s facilities during or following the COVID-19 pandemic, Executive in connection with Executive’s visits shall be required to and work from permanently relocate to the Company’s Goleta, California locationoffices (such requirement to relocate, including, without limitation, reasonable travel and accommodations consistent with the Company’s then existing policies for other senior executives“Relocation Requirement”).