Common use of Position of Employment Clause in Contracts

Position of Employment. Subject to the terms and conditions hereof, Employer hereby agrees to employ the services of Employee as President and Chief Executive Officer and Employee hereby accepts such employment and agrees to serve the Company in such capacity. Employee shall have the duties, authority and responsibilities customarily associated with the offices of President and Chief Executive Officer and shall report to the Company’s Board of Directors. During the period that Employee is employed by Employer, Employee shall devote substantially all of his business time and attention to the performance of the duties described herein. Notwithstanding the foregoing, Employee shall be entitled to serve on the Board of Directors of Vyteris, Inc. and the Boards of other Companies if approved by the Company’s Board of Directors, to pursue charitable endeavors and to participate in professional organizations, provided that such activities do not interfere in any material respect with the performance by Employee of his duties hereunder. Employee shall at all time act in good faith in the performance of his duties. Employee agrees to abide by the rules, regulations, instructions, personnel practices and policies of the Company and any changes therein which may be adopted from time to time by the Company applicable to employees generally, including, but not limited to, those relating to the protection of the Company’s proprietary trade secrets and confidential information.

Position of Employment. Subject to the terms and conditions hereof, Employer hereby agrees to employ the services of Employee as President Treasurer and Chief Executive Financial Officer and Employee hereby accepts such employment and agrees to serve the Company in such capacity. Employee shall have the duties, authority and responsibilities customarily associated with the offices of President Treasurer and Chief Executive Financial Officer and shall report to the Company’s Board of DirectorsChief Executive Officer. During the period that Employee is employed by Employer, Employee shall devote substantially all of his business time and attention to the performance of the duties described herein. Notwithstanding the foregoing, Employee shall be entitled to serve on the Board of Directors of Vyteris, Inc. and the Boards of other Companies if approved by the Company’s Board of Directors, to pursue charitable endeavors and to participate in professional organizations, provided that such activities do not interfere in any material respect with the performance by Employee of his duties hereunder. Employee shall at all time act in good faith in the performance of his duties. Employee agrees to abide by the rules, regulations, instructions, personnel practices and policies of the Company and any changes therein which may be adopted from time to time by the Company applicable to employees generally, including, but not limited to, those relating to the protection of the Company’s proprietary trade secrets and confidential information.