Powers, Duties and Responsibilities. (a) For the term of this Agreement, the Company hereby employs the Executive, and the Executive hereby accepts employment with the Company, to render exclusive service as President and/or Chief Information Officer, with such powers, duties, and responsibilities consistent with the position of President and/or Chief Information Officer as provided for in the Company’s By-laws and as otherwise the Board may determine from time to time. The Executive agrees to devote his full working time to the Company and to diligently perform all duties to the best of his ability, pursuant to the policies and regulations of the Company, and shall use his best efforts to promote the success of the present and future businesses of the Company. The Executive shall be responsible for each facet of the Company’s business operations. The Executive shall report directly to the Company’s Chief Executive Officer.
(b) During the term of this Agreement, except for his participation and interest in the entities listed on Schedule “A” attached hereto, the Executive shall not, directly or indirectly, alone or as a member of any partnership or joint venture, or as an Executive, officer or director of, or a consultant to, any other corporation or business organization, be engaged in any other business activity or occupation, whether or not such other business activity is pursued for gain, profit or pecuniary advantage, unless approved by the Board. The Executive agrees that he will not be involved in any activity outside of the business of the Company that would interfere with the performance of his duties hereunder or any activity that would be inimical to or contrary to the best interests of the Company. Further, the Executive shall, as an investor, have the right to acquire, sell or hold the stock or other investment securities of (a) any business entity, other than the Company, that is registered on a national securities exchange or regularly traded on a generally recognized over-the-counter market, so long as the Executive’s beneficial interest in any such business entity does not exceed five percent (5%) of the ownership of that business entity, and (b) the entities listed on the attached Schedule “A.”
(c) Executive’s principal place of performance shall be in Toms River, New Jersey. Executive shall be required at times to reasonably travel as part of his duties hereunder.
Powers, Duties and Responsibilities. The Debenture Holders' Representative shall have the powers, duties and responsibilities given by, and shall at all times act in accordance with, the Conditions, this Agreement and any Applicable Law, and no other duties shall be implied. The Debenture Holders' Representative shall act and perform its duties in a professional manner and with such level of care of professional standard of debenture holders' representative. When the Debenture Holders' Representative requests, the Issuer shall reasonably cooperate with the Debenture Holders' Representative in performing its duties under this Agreement, the Conditions and Applicable Law.
Powers, Duties and Responsibilities. (a) Employee shall devote his full time, attention and effort to the business of the Western Companies during the Corporation's normal business hours and during such other times as are reasonably necessary for the proper performance of his responsibilities hereunder.
(b) Employee's primary duties shall be to act as . Employee shall have such powers, duties and responsibilities, and shall perform such other functions in connection with the business of the Companies, as may be assigned from time to time by the Corporation. At all times during Employee's employment under this Agreement (including employment following a Change of Control of the Corporation as hereinafter described), Employee shall be employed in the Corporation's offices in Denver, Colorado.
Powers, Duties and Responsibilities. (a) Employee shall devote his full time, attention and effort to the business of the Western Companies during the Corporation’s normal business hours and during such other times as are reasonably necessary for the proper performance of his responsibilities hereunder; provided, however, that Employee may serve (i) on the board of any charitable organization or industry group, and (ii) with the consent of the Board of Directors, Employee may serve on the board of one (1) publicly traded corporation; and provided further that in the case of both (i) and (ii) above that such service does not significantly interfere with Employee’s duties hereunder.
(b) Employee’s primary duties shall be to act as the Executive Vice President and Chief Financial Officer. Employee shall have such powers, duties and responsibilities, and shall perform such other functions in connection with the business of the Western Companies, as may be assigned from time to time by the Corporation.
Powers, Duties and Responsibilities a. Employee shall devote his full time, attention and effort to the business of the Western Companies during the Corporation's normal business hours and during such other times as are reasonably necessary for the proper performance of his responsibilities hereunder, provided that Employee may serve as an outside director for Echo Star, and as a committee member, director, or trustee of selected nonprofit organizations, as long as such activities don't interfere with the performance of his duties under this Agreement.
b. Employee's primary duties shall be to act as Chief Executive Officer and President and shall perform the duties customarily associated with such position.
c. The Employee shall perform his duties at the Corporation's headquarters in Denver, Colorado.
Powers, Duties and Responsibilities. The primary responsibility of the Plan Administrator is to administer the Plan for the exclusive benefit of the Participants, Former Participants and their Beneficiaries, subject to the specific terms of the Plan. The Plan Administrator shall have the discretionary authority to control and manage the operation and administration of the Plan, shall administer the Plan in accordance with the terms hereof, and shall have the power to determine all questions arising in connection with the administration, interpretation, and application of the Plan. Any such determination by the Plan Administrator shall be conclusive and binding upon all persons. The Plan Administrator may correct any defect, supply any information, or reconcile any inconsistency in such manner and to such extent as shall be deemed necessary or advisable to carry out the purpose of this Plan; provided, however, that any interpretation or construction shall be done in a nondiscriminatory manner and shall be consistent with the intent that the Plan shall continue to be deemed a qualified plan under the terms of Section 401(a) of the Code and the Trust which is a part hereof exempt under Section 501(a) of the Code and shall comply with the terms of ERISA and all regulations issued pursuant thereto. The Plan Administrator shall have all powers necessary or appropriate to accomplish its duties under this Plan. The Plan Administrator shall be charged with the duties of the general administration of the Plan, including, but not limited to, the following:
(a) Determining all questions relating to the eligibility of Associates to participate or remain Participants hereunder;
(b) Computing, certifying, and directing the Trustee with respect to the amount and the kind of benefits to which any Participant or Former Participant shall be entitled hereunder;
(c) Authorizing and directing the Trustee with respect to all nondiscretionary or otherwise directed disbursements from the Trust;
(d) Maintaining all necessary records for the administration of the Plan;
(e) Interpreting the provisions of the Plan and making and publishing such rules for regulation of the Plan as are consistent with the terms hereof;
(f) Determining the size and type of any annuity contract to be purchased from any insurer, and designating the insurer from which such contract shall be purchased;
(g) Computing and certifying to the Employer and to the Trustee from time to time the sums of money necessary or desirable to be contributed to ...
Powers, Duties and Responsibilities. For the Term of this Agreement, the Employer hereby employs the Executive, and the Executive hereby accepts employment with the Employer, to render service as President, Chief Executive Officer and Chairman of the Board of the Company, with such powers, duties and responsibilities consistent with the position of President, Chief Executive Officer and Chairman of the Board as provided for in the Employer's By-laws and as otherwise may from time to time be determined by the Board and subject to the rights of the shareholders of the Company. The Executive agrees to devote the necessary working time to the Employer as shall be reasonably required to accomplish the Company's goals and to diligently perform all duties and fulfill all responsibilities incident to his employment in a businesslike and efficient manner. The Executive shall be responsible for each facet of the Employer's business operations, and the Executive will report directly to the Employer's Board.
Powers, Duties and Responsibilities. (a) Employee shall devote his full time, attention and effort to the business of the Western Companies during the Corporation’s normal business hours and during such other times as are reasonably necessary for the proper performance of his responsibilities hereunder.
(b) Employee’s primary duties shall be to act as Senior Vice President-Marketing, Production, Business Development and Assistant Secretary. Employee shall have such powers, duties and responsibilities, and shall perform such other functions in connection with the business of the Companies, as may be assigned from time to time by the Corporation. At all times during Employee’s employment under this Agreement (including employment following a Change of Control of the Corporation as hereinafter described), Employee shall be employed in the Corporation’s offices in Denver, Colorado.
Powers, Duties and Responsibilities. For the Term of this Agreement, the Employer hereby employs the Executive, and the Executive hereby accepts employment with the Employer, to render serve as Chairman of the Board and Chief Executive Officer of the Company, with such powers, duties and responsibilities consistent with the position of Chairman of the Board and Chief Executive Officer as provided for in the Employer's Bylaws and as otherwise may from time to time be determined by the Board and subject to the rights of the shareholders of the Company. The Executive agrees to devote the necessary working time to the Employer to accomplish the Company's goals and to diligently perform all duties and fulfill all responsibilities incident to his employment in a businesslike and efficient manner. The Executive will report directly to the Employer's Board.] The Executive agrees that he will not become involved in any activity outside of the business of the Company that would interfere with the performance of his duties hereunder or any activity that would b e inimical to or contrary to the best interests of the Employer.
Powers, Duties and Responsibilities. OF THE PLAN ADMINISTRATOR - The Employer may appoint one or more Plan Administrators. Any person, including, but not limited to, the directors, shareholders, officers and Employees shall be eligible to serve as the Administrator. Any person so appointed shall signify his acceptance by filing written acceptance with the Employer. An Administrator may resign by delivering his written resignation to the Employer or be removed by the Employer by delivery of written notice of removal. The Employer, upon the resignation or removal of an Administrator, may designate in writing a successor the this position. If the Employer does not appoint an Administrator, the Employer will function as the Plan Administrator. The Insurer may not be appointed as the Plan Administrator. The specific powers and responsibilities of the Plan Administrator are to:
(a) administer the Plan on a day-to-day basis in accordance with the provisions of this Plan and all other pertinent documents;
(b) retain and maintain Plan records including Participant census data, participation dates, compensation records, and such other records as may be necessary or desirable for proper Plan administration;
(c) prepare and arrange for delivery to Participants such summaries, descriptions, announcements and reports as are required to be given to Participants under applicable laws and regulations;
(d) file with the U.S. Department of Labor, the Internal Revenue Service and other regulatory agencies on a timely basis all required reports, forms and other documents; and
(e) prepare and furnish to the Trustee sufficient records and data to enable the Trustee to properly perform its obligations under the Trust.
