Common use of Attention and Time Clause in Contracts

Attention and Time. It is expected that Executive’s duties during the Transition Term will be of an advisory or transitional nature. Executive shall use his reasonable best efforts to carry out such duties faithfully and efficiently. During the Transition Term, it shall not be a violation of this Agreement for Executive to (i) serve on industry, trade, civic or charitable boards or committees; (ii) deliver lectures or fulfill speaking engagements; or (iii) manage personal investments, as long as such activities do not materially interfere with the performance of Executive’s duties and responsibilities as described herein. Executive shall be permitted to serve on for-profit corporate boards of directors if approved in advance by the Board, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Executive shall use Executive’s best efforts to resign from any outside positions consistent with Executive’s obligations with respect to such position if the Board determines in good faith that such activities interfere in any material respect with the performance of Executive’s duties and responsibilities for the Company.

Attention and Time. It is expected that Executive shall devote substantially all Executive’s business attention and time to Executive’s duties during the Transition Term will be of an advisory or transitional nature. Executive hereunder and shall use his Executive’s reasonable best efforts to carry out such duties faithfully and efficiently. During the Transition Term, it shall not be a violation of this Agreement for Executive to (i) serve on industry, trade, civic or charitable boards or committees; (ii) deliver lectures or fulfill speaking engagements; or (iii) manage personal investments, as long as such activities do not materially interfere with the performance of Executive’s duties and responsibilities as described herein; or (iv) serve as a director of ▇▇▇▇▇▇, Inc. or Tomotherapy, Incorporated. Executive shall be permitted to serve on for-profit corporate boards of directors if approved in advance by the Board, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Executive shall use Executive’s best efforts to resign from any outside positions consistent with Executive’s obligations with respect to such position if the Board determines in good faith that such activities interfere in any material respect with the performance of Executive’s duties and responsibilities for the Company.