Common use of Term; Effectiveness Clause in Contracts

Term; Effectiveness. (a) Effective as of the Effective Time, the Consultant shall continue his employment with the Company as a full-time regular salaried employee for the 90-day period immediately following the Effective Time (the “Employment Term”). Immediately following the expiration of the Employment Term, the Consultant shall cease to be an employee of the Company, and shall commence providing consulting services as an independent contractor to Parent and the Company for the immediately succeeding two-year period (the “Consulting Term”); provided, however, that the Consultant’s employment under this Agreement may be terminated at any time prior to the end of the Employment Term or the Consulting Term pursuant to the provisions of Section 4. The Consultant agrees and acknowledges that the Company has no obligation to extend the Consulting Term or to continue the retain the services of the Consultant after expiration of the Consulting Term, and the Consultant expressly acknowledges that no promises or understandings to the contrary have been made or reached. This Agreement shall be null and void ab initio and of no further force and effect if the Effective Time does not occur or the Merger Agreement is terminated prior to the Effective Time.