Transition Period; Termination of Employment. The parties hereby represent and warrant that prior to the Termination Date (as defined below), Executive’s employment relationship with the Company and its affiliates was pursuant to and governed solely by the Employment Agreement. In consideration of the benefits to be received by Executive pursuant to the terms of this Amendment, Executive agrees to continue to serve as the Company’s Chief Financial Officer and to perform the duties associated with such position as provided in the Employment Agreement until the earlier of (a) the date on which a permanent successor to Executive reports for employment with the Company in Greeley, Colorado or (b) September 19, 2006 (either such date, the “Termination Date”). In addition, Executive agrees to provide the Consulting Services (as defined in paragraph 8) to the Company as requested for a period of 60 days following the Termination Date (the last day of such 60-day period, the “Consulting Termination Date”) in accordance with the provisions of paragraph 8. In addition, effective as of the Termination Date, any and all of Executive’s other appointments and positions (including positions as a director) that he may hold with the Company or any of its affiliates shall be terminated. Executive agrees to execute all further documents that the Company may reasonably request of him to effectuate such terminations.
Transition Period; Termination of Employment. The parties hereby represent and warrant that prior to the Termination Date (as defined below), Executive’s employment relationship with the Company and its affiliates was pursuant to and governed solely by the Amended Employment Agreement. As of February 20, 2006, Executive’s duties as the Company’s Chief Financial Officer terminated (the “Termination Date”). In consideration of the benefits to be received by Executive pursuant to the terms of this Amendment, Executive agrees to provide the Consulting Services (as defined in paragraph 8) to the Company as requested until the earlier of (a) November 19, 2006 or (b) the 60th day following the date on which a permanent successor to Executive reports for employment with the Company in Greeley, Colorado (either such date, the “Consulting Termination Date”) in accordance with the provisions of paragraph 8. In addition, effective as of the Termination Date, any and all of Executive’s other appointments and positions (including positions as a director) that he may hold with the Company or any of its affiliates terminated. Executive agrees to execute all further documents that the Company may reasonably request of him to effectuate such terminations.
Transition Period; Termination of Employment. (a)You and the Company agree that, during the period commencing on the Transition Date until the Termination Date (the “Transition Period”), you will use your best efforts to fulfill your duties and responsibilities as Chief Accounting Officer of the Company in accordance with this Agreement. During the Transition Period, as requested by the Company, you shall also use your best efforts to transition your role to your successor, as designated by the Company and perform such other duties as designated by the Company, consistent with your role and the transition of your role. During the Transition Period, you will continue to serve the Company faithfully, conscientiously and to the best of your ability.
Transition Period; Termination of Employment. The parties hereby represent and warrant that prior to the date hereof, Executive’s employment relationship with the Company and its affiliates was pursuant to and governed solely by the Employment Agreement. In consideration of the benefits to be received by Executive pursuant to the terms of this Amendment, Executive agrees to continue to serve as the Chief Operating Officer — North America and to perform the duties associated with such position as provided in the Employment Agreement in accordance with provisions of the Employment Agreement from the date hereof until September 18, 2007. From and after September 19, 2007, Executive agrees to be employed as a consultant and advisor to the Company’s Chief Executive Officer, or his designee, providing consulting and advisory services concerning all aspects of the Company’s business, including but not limited to, consulting regarding operational matters, employee relations and strategic planning (the “Consulting Services”) (a) which shall include approximately 50 days of service, as requested by the Company from time to time, from September 19, 2007 until September 18, 2008, and (b) which shall include approximately 30 days of service annually, as requested by the Company from time to time, from September 19, 2008 until September 19, 2010 (such date, the “Termination Date”). Executive shall continue to be an employee of the Company during the period in which he is providing the Consulting Services (the “Consulting Period”). Unless otherwise specifically authorized by this Amendment or any other agreement between the Company and Executive, during the Consulting Period, Executive shall have no authority to transact any business or make any representations or promises in the name of the Company or its affiliates and shall not hold himself out to be an officer or senior executive of the Company. In addition, effective as of September 18, 2007, any and all of Executive’s other appointments and positions (including positions as a director) that he may hold with the Company or any of its affiliates shall be terminated. Executive agrees to execute all further documents that the Company may reasonably request of him to effectuate such terminations.
Transition Period; Termination of Employment
