Common use of Position Duties and Responsibilities Place of Performance Clause in Contracts

Position Duties and Responsibilities Place of Performance. (a) During the Term of Employment, Executive shall serve as Vice President, Operations of the Company, together with such other position or positions consistent with Executive’s title as the CEO or Board shall specify from time to time, and shall have such duties typically associated with such title. (b) Executive shall devote his full business time, attention, skill and best efforts to the performance of his duties under this Agreement and shall not engage in any other business or occupation during the Term of Employment that (x) conflicts with the interests of the Company, (y) interferes with the proper and efficient performance of his duties for the Company, or (z) interferes with the exercise of his judgment in the Company’s best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive from (i) serving, with the prior written consent of the CEO, as a member of the board of directors or advisory board (or their equivalents in the case of a non-corporate entity) of non-competing businesses and charitable organizations, (ii) engaging in charitable activities and community affairs, and (iii) managing his personal investments and affairs; provided, however, that the activities set out in clauses (i), (ii) and (iii) shall be limited by Executive so as not to materially interfere, individually or in the aggregate, with the performance of his duties and responsibilities hereunder. (c) Executive’s principal place of employment shall be in Goleta, California, although Executive understands and agrees that he may be required to travel from time to time for business reasons.

Position Duties and Responsibilities Place of Performance. (a) During the Term of Employment, Executive shall serve as the Vice President, Operations Engineering of the Company, together with such other position or positions consistent with Executive’s title as the CEO or Board shall specify from time to time, and shall have such duties typically associated with such title. (b) Executive shall devote his full business time, attention, skill and best efforts to the performance of his duties under this Agreement and shall not engage in any other business or occupation during the Term of Employment that (x) conflicts with the interests of the Company, (y) interferes with the proper and efficient performance of his duties for the Company, or (z) interferes with the exercise of his judgment in the Company’s best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive from (i) serving, with the prior written consent of the CEO, as a member of the board of directors or advisory board (or their equivalents in the case of a non-corporate entity) of non-competing businesses and charitable organizations, (ii) engaging in charitable activities and community affairs, and (iii) managing his personal investments and affairs; provided, however, that the activities set out in clauses (i), (ii) and (iii) shall be limited by Executive so as not to materially interfere, individually or in the aggregate, with the performance of his duties and responsibilities hereunder. (c) Executive’s principal place of employment shall be in Goleta, California, although Executive understands and agrees that he may be required to travel from time to time for business reasons.

Position Duties and Responsibilities Place of Performance. (a) During the Term of Employment, Executive shall serve as the Vice President, Operations Finance and Chief Financial Officer of the Company, together with such other position or positions consistent with Executive’s title as the CEO or Board shall specify from time to time, and shall have such duties typically associated with such title. (b) Executive shall devote his her full business time, attention, skill and best efforts to the performance of his her duties under this Agreement and shall not engage in any other business or occupation during the Term of Employment that (x) conflicts with the interests of the Company, (y) interferes with the proper and efficient performance of his her duties for the Company, or (z) interferes with the exercise of his her judgment in the Company’s best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive from (i) serving, with the prior written consent of the CEO, as a member of the board of directors or advisory board (or their equivalents in the case of a non-corporate entity) of non-competing businesses and charitable organizations, (ii) engaging in charitable activities and community affairs, and (iii) managing his her personal investments and affairs; provided, however, that the activities set out in clauses (i), (ii) and (iii) shall be limited by Executive so as not to materially interfere, individually or in the aggregate, with the performance of his her duties and responsibilities hereunder. (c) Executive’s principal place of employment shall be in Goleta, California, although Executive understands and agrees that he she may be required to travel from time to time for business reasons.

Position Duties and Responsibilities Place of Performance. (a) During the Term of Employment, Executive shall serve as the Executive Vice President, Operations Sales and Marketing of the Company, together with such other position or positions consistent with Executive’s title as the CEO or Board shall specify from time to time, and shall have such duties typically associated with such title. (b) Executive shall devote his full business time, attention, skill and best efforts to the performance of his duties under this Agreement and shall not engage in any other business or occupation during the Term of Employment that (x) conflicts with the interests of the Company, (y) interferes with the proper and efficient performance of his duties for the Company, or (z) interferes with the exercise of his judgment in the Company’s best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive from (i) serving, with the prior written consent of the CEO, as a member of the board of directors or advisory board (or their equivalents in the case of a non-corporate entity) of non-competing businesses and charitable organizations, (ii) engaging in charitable activities and community affairs, and (iii) managing his personal investments and affairs; provided, however, that the activities set out in clauses (i), (ii) and (iii) shall be limited by Executive so as not to materially interfere, individually or in the aggregate, with the performance of his duties and responsibilities hereunder. (c) Executive’s principal place of employment shall be in Goleta, California, although Executive understands and agrees that he may be required to travel from time to time for business reasons.

Position Duties and Responsibilities Place of Performance. (a) During the Term of Employment, Executive shall serve as Vice President, Operations the Chief Executive Officer of the Company, together with such other position or positions consistent with Executive’s title as the CEO or Board shall specify from time to time, and shall have such duties typically associated with such title. Executive also shall serve as a member of the Company’s Board, and as an officer and/or director of any subsidiary of the Company, in each case, without additional compensation. (b) Executive shall devote his full business time, attention, skill and best efforts to the performance of his duties under this Agreement and shall not engage in any other business or occupation during the Term of Employment that (x) conflicts with the interests of the Company, (y) interferes with the proper and efficient performance of his duties for the Company, or (z) interferes with the exercise of his judgment in the Company’s best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive from (i) serving, with the prior written consent of the CEOBoard, as a member of the board of directors or advisory board (or their equivalents in the case of a non-corporate entity) of non-competing businesses and charitable organizations, (ii) engaging in charitable activities and community affairs, and (iii) managing his personal investments and affairs; provided, however, that the activities set out in clauses (i), (ii) and (iii) shall be limited by Executive so as not to materially interfere, individually or in the aggregate, with the performance of his duties and responsibilities hereunder. (c) Executive’s principal place of employment shall be in Goleta, California, although Executive understands and agrees that he may be required to travel from time to time for business reasons.

Position Duties and Responsibilities Place of Performance. (a) During the Term of Employment, Executive shall serve as Vice Presidentthe VP, Operations Marketing of the Company, together with such other position or positions consistent with Executive’s title as the CEO or Board shall specify from time to time, and shall have such duties typically associated with such title. (b) Executive shall devote her/his full business time, attention, skill and best efforts to the performance of her/his duties under this Agreement and shall not engage in any other business or occupation during the Term of Employment that (x) conflicts with the interests of the Company, (y) interferes with the proper and efficient performance of her/his duties for the Company, or (z) interferes with the exercise of her/his judgment in the Company’s best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive from (i) serving, with the prior written consent of the CEO, as a member of the board of directors or advisory board (or their equivalents in the case of a non-corporate entity) of non-competing businesses and charitable organizations, (ii) engaging in charitable activities and community affairs, and (iii) managing her/his personal investments and affairs; provided, however, that the activities set out in clauses (i), (ii) and (iii) shall be limited by Executive so as not to materially interfere, individually or in the aggregate, with the performance of her/his duties and responsibilities hereunder. (c) Executive’s principal place of employment shall be in Goleta, California, although Executive understands and agrees that he may be required to travel from time to time for business reasons.

Position Duties and Responsibilities Place of Performance. (a) During the Term of Employment, Executive Employee shall be employed and serve as Vice President, Operations Chief Financial Officer of the Company, together with such other position or positions consistent with Executive’s title as the CEO or Board shall specify from time to time, Company and shall have such duties typically associated and responsibilities as are commensurate with such title. In addition, Employee shall serve as the “principal financial officer” and the “principal accounting officer” of the Company as the terms are designated under Rule 16a-1(f) of the Securities Exchange Act of 1934, as amended, except as may otherwise be determined by the Board. The Employee shall report to the Chief Executive Officer of the Company and shall carry out and perform all orders, directions and policies given to Employee by the Chief Executive Officer of the Company consistent with his position and title. (b) Executive Employee shall devote his full business time, attention, skill and best efforts to the performance of his duties under this Agreement and shall not engage in any other business or occupation during the Term of Employment that (x) conflicts with the interests of the Company, (y) interferes with the proper and efficient performance of his duties for the Company, or (z) interferes with the Employee’s exercise of his judgment in the Company’s best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive Employee from (i) serving, with the prior written consent of the CEO, serving as a member of the board boards of directors or advisory board boards (or their equivalents in the case of a non-corporate entity) of non-competing businesses and charitable organizationsbusinesses, (ii) engaging in charitable activities and community affairs, and (iii) managing his personal investments and affairs; provided, however, that the activities set out in clauses (i), (ii) ), and (iii) shall be limited by Executive Employee so as not to materially interfere, individually or in the aggregate, with the performance of his duties and responsibilities hereunder. (c) Executive’s principal place of employment shall be in Goleta, California, although Executive understands and agrees that he may be required to travel from time to time for business reasons.

Position Duties and Responsibilities Place of Performance. (a) During the Term of Employment, Executive shall serve as the Executive Vice President, President of Operations of the Company, together with such other position or positions consistent with Executive’s title as the CEO or Board shall specify from time to time, and shall have such duties typically associated with such title. (b) Executive shall devote his full business time, attention, skill and best efforts to the performance of his duties under this Agreement and shall not engage in any other business or occupation during the Term of Employment that (x) conflicts with the interests of the Company, (y) interferes with the proper and efficient performance of his duties for the Company, or (z) interferes with the exercise of his judgment in the Company’s best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive from (i) serving, with the prior written consent of the CEO, as a member of the board of directors or advisory board (or their equivalents in the case of a non-corporate entity) of non-competing businesses and charitable organizations, (ii) engaging in charitable activities and community affairs, and (iii) managing his personal investments and affairs; provided, however, that the activities set out in clauses (i), (ii) and (iii) shall be limited by Executive so as not to materially interfere, individually or in the aggregate, with the performance of his duties and responsibilities hereunder. (c) Executive’s principal place of employment shall be in GoletaRichardson, CaliforniaTexas, although Executive understands and agrees that he may be required to travel from time to time for business reasons.

Position Duties and Responsibilities Place of Performance. (a) During the Term of Employment, Executive Employee shall be employed and serve as Vice President, Operations the Chief Financial Officer of the Company, together with such other position or positions consistent with Executive’s title as the CEO or Board shall specify from time to time, Company and shall have such duties typically associated and responsibilities as are commensurate with such title. The Employee shall report to the Chief Executive Officer and shall carry out and perform all orders, directions and policies given to him by the Board consistent with his position and title. (b) Executive Employee shall devote his full business time, attention, skill and best efforts to the performance of his duties under this Agreement and shall not engage in any other business or occupation during the Term of Employment that (x) conflicts with the interests of the Company, (y) interferes with the proper and efficient performance of his duties for the Company, or (z) interferes with the Employee’s exercise of his judgment in the Company’s best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive Employee from (i) serving, with the prior written consent of the CEO, serving as a member of the board boards of directors or advisory board boards (or their equivalents in the case of a non-corporate entity) of non-competing businesses and charitable organizationsbusinesses, (ii) engaging in charitable activities and community affairs, and (iii) receiving compensation for other business activities, including asset management and investment activities, which do not constitute prohibited activities as set out in clause (x), (iv) from managing his personal investments and affairs; provided, however, that the activities set out in clauses (i), (ii) ), (iii), and (iiiiv) shall be limited by Executive Employee so as not to materially interfere, individually or in the aggregate, with the performance of his duties and responsibilities hereunder. (c) Executive’s principal place of employment shall be in Goleta, California, although Executive understands and agrees that he may be required to travel from time to time for business reasons.

Position Duties and Responsibilities Place of Performance. (a) During the Term of Employment, Executive Employee shall be employed and serve as Vice President, Operations the Chief Executive Officer (the “CEO”) of the Company, together with such other position or positions consistent with Executive’s title as the CEO or Board shall specify from time to time, Company and shall have such duties typically associated and responsibilities as are commensurate with such title. Employee shall report to the Board and shall carry out and perform all orders, directions and policies given to him by the Board consistent with his position and title. (b) Executive Employee shall devote his full business time, attention, skill and best efforts to the performance of his duties under this Agreement and shall not engage in any other business or occupation during the Term of Employment that (x) conflicts with the interests of the Company, (y) interferes with the proper and efficient performance of his duties for the Company, or (z) interferes with the Employee’s exercise of his judgment in the Company’s best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive Employee from (i) serving, with the prior written consent of the CEO, serving as a member of the board boards of directors or advisory board boards (or their equivalents in the case of a non-corporate entity) of non-competing businesses and charitable organizationsbusinesses, (ii) engaging in charitable activities and community affairs, and receiving compensation for other business activities, including asset management and investment activities, which do not constitute prohibited activities as set out in clause (x), and (iii) from managing his personal investments and affairs; provided, however, that the activities set out in clauses (i), (ii) and (iii) shall be limited by Executive Employee so as not to materially interfere, individually or in the aggregate, with the performance of his duties and responsibilities hereunder. (c) Executive’s principal place of employment shall be in Goleta, California, although Executive understands and agrees that he may be required to travel from time to time for business reasons.

Position Duties and Responsibilities Place of Performance. (a) During the Term of Employment, Executive shall serve as the Executive Vice President, Operations President of Sales for the Company, together with such other position or positions consistent with Executive’s title as the CEO or Board shall specify from time to time, and shall have such duties typically associated with such title. (b) Executive shall devote his full business time, attention, skill and best efforts to the performance of his duties under this Agreement and shall not engage in any other business or occupation during the Term of Employment that (x) conflicts with the interests of the Company, (y) interferes with the proper and efficient performance of his duties for the Company, or (z) interferes with the exercise of his judgment in the Company’s best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive from (i) serving, with the prior written consent CALIFORNIA EMPLOYEE VERSION FM-0410 Rev A of the CEO, as a member of the board of directors or advisory board (or their equivalents in the case of a non-corporate entity) of non-competing businesses and charitable organizations, (ii) engaging in charitable activities and community affairs, and (iii) managing his personal investments and affairs; provided, however, that the activities set out in clauses (i), (ii) and (iii) shall be limited by Executive so as not to materially interfere, individually or in the aggregate, with the performance of his duties and responsibilities hereunderhereunder or otherwise conflict with the terms of the Confidentiality Agreement (as defined above). (c) Executive’s principal place of employment shall be in Goleta, California, although Executive understands and agrees that he may be required to travel from time to time for business reasons.

Position Duties and Responsibilities Place of Performance. (a) During the Term of Employment, Executive shall serve as the Executive Vice President, Operations Sales & Marketing of the Company, together with such other position or positions consistent with Executive’s title as the CEO or Board shall specify from time to time, and shall have such duties typically associated with such title. (b) Executive shall devote his full business time, attention, skill and best efforts to the performance of his duties under this Agreement and shall not engage in any other business or occupation during the Term of Employment that (x) conflicts with the interests of the Company, (y) interferes with the proper and efficient performance of his duties for the Company, or (z) interferes with the exercise of his judgment in the Company’s best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive from (i) serving, with the prior written consent of the CEO, as a member of the board of directors or advisory board (or their equivalents in the case of a non-corporate entity) of non-competing businesses and charitable organizations, (ii) engaging in charitable activities and community affairs, and (iii) managing his personal investments and affairs; provided, however, that the activities set out in clauses (i), (ii) and (iii) shall be limited by Executive so as not to materially interfere, individually or in the aggregate, with the performance of his duties and responsibilities hereunder. (c) Executive’s principal place of employment shall be in Goleta, California, although Executive understands and agrees that he may be required to travel from time to time for business reasons.

Position Duties and Responsibilities Place of Performance. (a) During the Term of Employment, Executive shall serve as Vice President, Operations the President and Chief Executive Officer of the Company, together with such other position or positions consistent with Executive’s title as the CEO or Board shall specify from time to time, and shall have such duties typically associated with such title. (b) Executive shall devote his full business time, attention, skill and best efforts to the performance of his duties under this Agreement and shall not engage in any other business or occupation during the Term of Employment that (x) conflicts with the interests of the Company, (y) interferes with the proper and efficient performance of his duties for the Company, or (z) interferes with the exercise of his judgment in the Company’s best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive from (i) serving, with the prior written consent of the CEOBoard, as a member of the board of directors or advisory board (or their equivalents in the case of a non-corporate entity) of non-competing businesses and charitable organizations, (ii) engaging in charitable activities and community affairs, and (iii) managing his personal investments and affairs; provided, however, that the activities set out in clauses (i), (ii) and (iii) shall be limited by Executive so as not to materially interfere, individually or in the aggregate, with the performance of his duties and responsibilities hereunder. (c) Executive’s principal place of employment shall be in Goleta, Californiathe Company’s Northeast Ohio offices, although Executive understands and agrees that he may be required to travel from time to time for business reasons, including to the Company’s headquarters in Goleta, CA.

Position Duties and Responsibilities Place of Performance. (a) During the Term of Employment, Executive Employee shall be employed and serve as Vice President, Operations the Chief Executive Officer (the “CEO”) of the Company, together with such other position or positions consistent with Executive’s title as the CEO or Board shall specify from time to time, Company and shall have such duties typically associated and responsibilities as are commensurate with such title. The Employee shall report to the Board and shall carry out and perform all orders, directions and policies given to him by the Board consistent with his position and title. (b) Executive Employee shall devote his full business time, attention, skill and best efforts to the performance of his duties under this Agreement and shall not engage in any other business or occupation during the Term of Employment that (x) conflicts with the interests of the Company, (y) interferes with the proper and efficient performance of his duties for the Company, or (z) interferes with the Employee’s exercise of his judgment in the Company’s best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive Employee from (i) serving, with the prior written consent of the CEO, serving as a member of the board boards of directors or advisory board boards (or their equivalents in the case of a non-corporate entity) of non-competing businesses and charitable organizationsbusinesses, (ii) engaging in charitable activities and community affairs, and receiving compensation for other business activities, including asset management and investment activities, which do not constitute prohibited activities as set out in clause (x), and (iii) from managing his personal investments and affairs; provided, however, that the activities set out in clauses (i), (ii) and (iii) shall be limited by Executive Employee so as not to materially interfere, individually or in the aggregate, with the performance of his duties and responsibilities hereunder. (c) Executive’s principal place of employment shall be in Goleta, California, although Executive understands and agrees that he may be required to travel from time to time for business reasons.

Position Duties and Responsibilities Place of Performance. (a) During the Term of Employment, Executive shall serve as the Executive Vice President, Operations of General Counsel and Corporate Secretary for the Company reporting to the Company’s Chief Executive Officer, together with such other position or positions consistent with Executive’s title as the CEO or Board shall specify from time to time, and shall have such duties typically associated with such title. (b) Executive shall devote his full business time, attention, skill and best efforts to the performance of his duties under this Agreement and shall not engage in any other business or occupation during the Term of Employment that (x) conflicts with the interests of the Company, (y) interferes with the proper and efficient performance of his duties for the Company, or (z) interferes with the exercise of his judgment in the Company’s best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive from (i) serving, with the prior written consent of the CEO, as a member of the board of directors or advisory board (or their equivalents in the case of a non-corporate entity) of non-competing businesses and charitable organizations, (ii) engaging in charitable activities and community affairs, and (iii) managing his personal investments and affairs; provided, however, that the activities set out in clauses (i), (ii) and (iii) shall be limited by Executive so as not to materially interfere, individually or in the aggregate, with the performance of his duties and responsibilities hereunderhereunder or otherwise conflict with the terms of the Confidentiality Agreement (as defined above). (c) Executive’s principal place of employment shall be in Goleta, California, California although Executive understands and agrees that he may be required to travel from time to time for business reasons.

Position Duties and Responsibilities Place of Performance. (a) During the Term of Employment, Executive Employee shall be employed and serve as Vice President, Operations the Chief Financial Officer (the “CFO”) of the Company, together with such other position or positions consistent with Executive’s title as the CEO or Board shall specify from time to time, Company and shall have such duties typically associated and responsibilities as are commensurate with such title. Employee shall report to the Board and shall carry out and perform all orders, directions and policies given to him by the Board consistent with his position and title. (b) Executive Employee shall devote his full business time, attention, skill and best efforts to the performance of his duties under this Agreement and shall not engage in any other business or occupation during the Term of Employment that (x) conflicts with the interests of the Company, (y) interferes with the proper and efficient performance of his duties for the Company, or (z) interferes with the Employee’s exercise of his judgment in the Company’s best interests. Notwithstanding the foregoing, nothing herein shall preclude Executive Employee from (i) serving, with the prior written consent of the CEO, serving as a member of the board boards of directors or advisory board boards (or their equivalents in the case of a non-corporate entity) of non-competing businesses and charitable organizationsbusinesses, (ii) engaging in charitable activities and community affairs, and receiving compensation for other business activities, including asset management and investment activities, which do not constitute prohibited activities as set out in clause (x), and (iii) from managing his personal investments and affairs; provided, however, that the activities set out in clauses (i), (ii) and (iii) shall be limited by Executive Employee so as not to materially interfere, individually or in the aggregate, with the performance of his duties and responsibilities hereunder. (c) Executive’s principal place of employment shall be in Goleta, California, although Executive understands and agrees that he may be required to travel from time to time for business reasons.