Common use of Position; Duties Clause in Contracts

Position; Duties. (a) During the Employment Term (as hereinafter defined), the Executive shall serve as the President and Chief Executive Officer of the Company and, if elected by the Board of Directors of the Company (the “Board”), Chairman. In this capacity, the Executive shall have such duties, authorities and responsibilities commensurate with the duties, authorities and responsibilities of persons in similar capacities in similarly sized companies, and such other duties, authorities and responsibilities as the Board shall designate that are consistent with the Executive’s positions. The Executive shall report to the Board. (b) During the Employment Term, the Executive shall devote all of his business time, energy and skill and his best efforts to the performance of his duties with the Company; provided, however, that the foregoing shall not prevent the Executive from (i) serving on the board of directors of non-profit organizations and, with the prior written approval of the Board, other companies, (ii) participating in charitable, civic, educational, professional, community or industry affairs or (iii) managing his and his family’s passive personal investments so long as such activities in the aggregate do not materially interfere or conflict with the performance of his duties hereunder or create a potential business conflict.

Position; Duties. (a) During the Employment Term (as hereinafter defineddefined in Section 2 below), the Executive shall serve as the President Chairman and Chief Executive Officer of the Company and, if elected by the Board of Directors of the Company (the “Board”), ChairmanCompany. In this capacity, capacity the Executive shall have such duties, authorities and responsibilities commensurate with the duties, authorities and responsibilities of persons in similar capacities in similarly sized companies, companies and such other duties, authorities duties and responsibilities as the Board of Directors of the Company (the "Board") shall designate that are consistent with the Executive’s positions. The 's position as Chairman and Chief Executive shall report to Officer of the BoardCompany. (b) During the Employment Term, the Executive shall devote substantially all of his business time, energy time (excluding periods of vacation and skill and his best efforts to other approved leaves of absence) in the performance of his duties with the Company; provided, however, that provided the foregoing shall will not prevent the Executive from (i) serving on the board of directors of non-profit organizations and, with the prior written approval of the Board, other companies, (ii) participating in charitable, civic, educational, professional, community or industry affairs or serving on the board of directors or advisory boards of other companies; provided, however, that the Executive shall not serve as a director on more than three boards of directors or advisory boards of other for profit companies or with regard to any competitive company without the prior written approval of the Board, and (iiiii) managing his and his family’s passive 's personal investments so long as such activities in the aggregate do not materially interfere with his duties hereunder. (c) The Board shall take such action as may be necessary to appoint or conflict with elect the performance Executive as a member of the Board as of the Effective Date. Thereafter, during the Employment Term, the Board shall nominate the Executive for re-election as a member of the Board at the expiration of his duties hereunder or create a potential business conflictthen current term.

Position; Duties. (a) During the Employment Term (as hereinafter defined), the Executive shall serve as the President Vice President, Chief Operating Officer and Chief Executive Financial Officer of the Company; provided, that prior to a Change in Control (as defined in Section 8(b)), the Company and, if elected by the Board of Directors may in its sole discretion remove any or all of the Company Executive’s titles (and the “Board”), Chairmanrelated responsibilities) other than Chief Operating Officer. In this capacity, the Executive shall have such duties, authorities and responsibilities commensurate with the duties, authorities and responsibilities of persons in similar capacities in similarly sized companies, and such other duties, authorities and responsibilities as the Board Chief Executive Officer of the Company (the “CEO”) shall designate that are consistent with the Executive’s positions. The Executive shall report to the BoardCEO. (b) During the Employment Term, the Executive shall devote all of his business time, energy and skill and his best efforts to the performance of his duties with the Company; provided, however, that the foregoing shall not prevent the Executive from (i) serving on the board of directors of non-profit organizations and, with the prior written approval of the Board of Directors of the Company (the “Board”), other companies, (ii) participating in charitable, civic, educational, professional, community or industry affairs or (iii) managing his and his family’s passive personal investments so long as such activities in the aggregate do not materially interfere or conflict with the performance of his duties hereunder or create a potential business conflict.

Position; Duties. (a) During the Employment Term (as hereinafter defineddefined in Section 2 below), the Executive shall serve as the a President and Chief Executive Officer of the Company and, if elected by the Board of Directors of the Company (the “Board”), ChairmanCompany. In this capacity, capacity the Executive shall have such duties, authorities and responsibilities commensurate with the duties, authorities and responsibilities of persons in similar capacities in similarly sized companies, companies and such other duties, authorities reasonable duties and responsibilities as the Board of Directors of the Company (the "Board") shall designate that are consistent with the Executive’s positionsdesignate. The Executive shall report directly to the Board. The Executive shall obey the lawful directions of the Board and shall use his diligent efforts to promote the interests of the Company and to maintain and promote the reputation thereof. (b) During the Employment Term, the Executive shall use his best efforts to perform his duties under this Agreement and shall devote all of his business time, energy and skill and his best efforts to in the performance of his duties with the Company; provided, however, that the foregoing . The Executive shall not prevent during the Executive from Employment Term (i) serving on except as a representative of the board of directors of non-profit organizations and, Company or with the prior written approval consent in writing of the Board) be directly or indirectly engaged or concerned in any other business activity. Notwithstanding the foregoing provisions, other companies, the Executive is not prohibited from (ii1) participating in charitable, civic, educational, professional, professional or community or industry affairs or serving on the board of directors or advisory committees of non-profit entities, and (iii2) managing his and his family’s passive 's personal investments so long as investments, in each case, provided that such activities in the aggregate do not materially interfere or conflict with the performance of his duties hereunder or create a potential business conflicthereunder.

Position; Duties. (a) During the Employment Term (as hereinafter defineddefined in Section 2 below), the Executive shall serve as the President and Chief Executive Officer a Vice Chairman of the Company and, if elected by the Board of Directors and Chief Operating Officer of the Company (the “Board”), ChairmanCompany. In this capacity, capacity the Executive shall have such duties, authorities and responsibilities commensurate with the duties, authorities and responsibilities of persons in similar capacities in similarly sized companies, companies and such other duties, authorities reasonable duties and responsibilities as the Board of Directors of the Company (the "Board") shall designate that are consistent with the Executive’s positionsdesignate. The Executive shall report directly to Chairman the BoardBoard of Directors and the Boards of Directors. The Executive shall obey the lawful directions of the Board of Directors, the Company's Chief Executive Officer and Chairman of the Board of Directors to whom the Executive reports and shall use his diligent efforts to promote the interests of the Company and to maintain and promote the reputation thereof. (b) During the Employment Term, the Executive shall use his best efforts to perform his duties under this Agreement and shall devote all of his business time, energy and skill and his best efforts to in the performance of his duties with the Company; provided, however, that the foregoing . The Executive shall not prevent during the Executive from Employment Term (i) serving on except as a representative of the board of directors of non-profit organizations and, Company or with the prior written approval consent in writing of the Board) be directly or indirectly engaged or concerned in any other business activity. Notwithstanding the foregoing provisions, other companies, the Executive is not prohibited from (ii1) participating in charitable, civic, educational, professional, professional or community or industry affairs or serving on the board of directors or advisory committees of non-profit entities, and (iii2) managing his and his family’s passive 's personal investments so long as investments, in each case, provided that such activities in the aggregate do not materially interfere or conflict with the performance of his duties hereunder or create a potential business conflicthereunder.

Position; Duties. (a) During the Employment Term (as hereinafter defineddefined in Section 2 below), the Executive shall serve as the President and Chief Executive Financial Officer of the Company and, if elected by the Board of Directors of the Company (the “Board”), ChairmanCompany. In this capacity, capacity the Executive shall have such duties, authorities and responsibilities commensurate with the duties, authorities and responsibilities of persons in similar capacities in similarly sized companies, companies and such other duties, authorities reasonable duties and responsibilities as the Board of Directors of the Company (the "Board") shall designate that are consistent with the Executive’s positionsdesignate. The Executive shall report directly to the Board. The Executive shall obey the lawful directions of the Board and shall use his diligent efforts to promote the interests of the Company and to maintain and promote the reputation thereof. (b) During the Employment Term, the Executive shall use his best efforts to perform his duties under this Agreement and shall devote all of his business time, energy and skill and his best efforts to in the performance of his duties with the Company; provided, however, that the foregoing . The Executive shall not prevent during the Executive from Employment Term (i) serving on except as a representative of the board of directors of non-profit organizations and, Company or with the prior written approval consent in writing of the Board) be directly or indirectly engaged or concerned in any other business activity. Notwithstanding the foregoing provisions, other companies, the Executive is not prohibited from (ii1) participating in charitable, civic, educational, professional, professional or community or industry affairs or serving on the board of directors or advisory committees of non-profit entities, and (iii2) managing his and his family’s passive 's personal investments so long as investments, in each case, provided that such activities in the aggregate do not materially interfere or conflict with the performance of his duties hereunder or create a potential business conflicthereunder.

Position; Duties. (a) During the Employment Term (as hereinafter defineddefined in Section 2 below), the Executive shall serve as the President and Chief Executive Officer of the Company and, if elected by the Board of Directors of the Company (the “Board”), ChairmanCompany. In this capacity, capacity the Executive shall have such duties, authorities and responsibilities commensurate with the duties, authorities and responsibilities of persons in similar capacities in similarly sized companies, companies and such other duties, authorities duties and responsibilities as the Board of Directors of the Company (the "Board") shall designate that are consistent with the Executive’s positions's position as President and Chief Executive Officer of the Company. The Executive shall report to the Board. (b) During the Employment Term, the Executive shall devote substantially all of his business timetime (excluding periods of vacation and sick leave), energy and skill and his best efforts to in the performance of his duties with the Company; provided, however, that provided the foregoing shall will not prevent the Executive from (i) serving on the board of directors of non-profit organizations and, with the prior written approval of the Board, other companies, (ii) participating in charitable, civic, educational, professional, community or industry affairs or and (iiiii) managing his and his family’s passive 's personal investments so long as such activities in the aggregate do not materially interfere or conflict with the performance of his duties hereunder hereunder. (c) The Board shall take such action as may be necessary to appoint or create elect the Executive as a potential business conflictmember of the Board as of the Effective Date. Thereafter, during the Employment Term, the Board shall nominate the Executive for re-election as a member of the Board at the expiration of the then current term.

Position; Duties. (a) During the Employment Term (as hereinafter defined), the Executive shall serve as the President and Chief Executive Officer be employed as: (i) a member of the Company and, if elected by the Company’s Board of Directors of the Company (the “Board”), Chairman. In this capacity, ; and (ii) Chairman of the Executive Company and shall have such duties, the authorities and responsibilities commensurate customarily associated with the duties, authorities and responsibilities status of persons in similar capacities in similarly sized companies, and such other duties, authorities and responsibilities positions at Nasdaq listed biotechnology companies of the same size as the Board shall designate that are consistent with the Executive’s positionsCompany. The In his capacity as Chairman, Executive shall report directly to the Board. (b) During Board and shall have ultimate responsibility for all the Employment TermCompany’s current and future operations in the U.S. and abroad. Upon termination of Executive’s employment for any reason, if and to the extent requested by the Company, Executive shall remain on the Board but shall promptly resign from all other positions that Executive then holds with the Company or any affiliate and promptly execute all documentation for such resignations. Executive shall devote all a reasonable amount of his business time, energy effort and skill and his best efforts energies to the performance business of the Company as is necessary to fulfill his duties with the Companyand responsibilities hereunder; provided, however, that notwithstanding the foregoing shall not prevent the foregoing, Executive from may: (i) serving serve as an officer or director of any of the entities for whom he serves as such on the board of directors of non-profit organizations and, with Effective Date or any other entity that engages Executive as an officer or director in the prior written approval of the Board, other companies, future; (ii) participating engage in civic, charitable, civic, educational, professional, public service and community or industry affairs or activities and affairs; (iii) managing accept and fulfill a reasonable number of speaking engagements; and (iv) manage his and his family’s passive personal investments so and affairs, as long as such activities do not, in Executive’s reasonable and good faith judgment, interfere, individually or in the aggregate do not materially interfere or conflict aggregate, with his obligations and the proper performance of his duties hereunder or create a potential business conflictand responsibilities to the Company under this Agreement in any material respect.

Position; Duties. (a) During the Employment Term (as hereinafter defineddefined in Section 2 below), the Executive shall serve as the a Chief Financial Officer and Vice President and Chief Executive Officer of Finance (“VP of Finance”) of the Company and, if elected by the Board of Directors of the Company (the “Board”), ChairmanCompany. In this capacity, capacity the Executive shall have such duties, authorities and responsibilities commensurate with the duties, authorities and responsibilities of persons in similar capacities in similarly sized companies, companies and such other duties, authorities reasonable duties and responsibilities as the Board of Directors of the Company (the "Board") shall designate that are consistent with the Executive’s positionsdesignate. The Executive shall report directly to both the Chief Executive Officer and Chairman of Board of Directors. The Executive shall obey the lawful directions of the Board, the Company's Chief Executive Officer and any other senior executive of the Company to whom the Executive reports and shall use his diligent efforts to promote the interests of the Company and to maintain and promote the reputation thereof. (b) During the Employment Term, the Executive shall use his best efforts to perform his duties under this Agreement and shall devote all of his business time, energy and skill and his best efforts to in the performance of his duties with the Company; provided, however, that the foregoing . The Executive shall not prevent during the Executive from Employment Term (i) serving on except as a representative of the board of directors of non-profit organizations and, Company or with the prior written approval consent in writing of the Board) be directly or indirectly engaged or concerned in any other business activity. Notwithstanding the foregoing provisions, other companies, the Executive is not prohibited from (ii1) participating in charitable, civic, educational, professional, professional or community or industry affairs or serving on the board of directors or advisory committees of non-profit entities, and (iii2) managing his and his family’s passive 's personal investments so long as investments, in each case, provided that such activities in the aggregate do not materially interfere or conflict with the performance of his duties hereunder or create a potential business conflicthereunder.

Position; Duties. (a) During the Employment Term (as hereinafter defineddefined in Section 2 below), the Executive shall serve as the President and Chief Executive Officer of the Company and, if elected by the Board of Directors of the Company (the “Board”), ChairmanCompany. In this capacity, the Executive shall have such duties, authorities and responsibilities commensurate with the duties, authorities and responsibilities of persons in similar capacities in similarly sized companies, and such other duties, authorities and responsibilities as the Board of Directors of the Company (the "Board") shall designate that are consistent with the Executive’s positions's position as Chief Executive Officer of the Company. The Executive shall report to the Board. (b) During the Employment Term, the Executive shall devote all of his business time, energy and skill and his best efforts to the performance of his duties with the Company; provided, however, that provided the foregoing shall not prevent the Executive from (i) serving on the board of directors of non-profit organizations and, with the prior written approval of the Board, other companies, (ii) participating in charitable, civic, educational, professional, community or industry affairs or and (iii) managing his and his family’s 's passive personal investments so long as such activities in the aggregate do not materially interfere or conflict with the performance of his duties hereunder or create a potential business conflict. (c) The Board shall take such action as may be necessary to appoint or elect the Executive as a member of the Board as of the Effective Date. Thereafter, during the Employment Term, the Board shall nominate the Executive for re-election as a member of the Board at the expiration of the then current term, provided that the foregoing shall not be required to the extent prohibited by legal or regulatory requirements.

Position; Duties. (a) During the Employment Term (as hereinafter defined), the Executive shall continue to serve as the President and Chief Executive Officer of the Company and, if elected by the Board of Directors of the Company (the “Board”), Chairman. Executive has currently been elected as Chairman. In this capacity, the Executive shall have such duties, authorities and responsibilities commensurate with the duties, authorities and responsibilities of persons in similar capacities in similarly sized companies, and such other duties, authorities and responsibilities as the Board shall designate that are consistent with the Executive’s positions. The Executive shall continue to report to the Board. (b) During the Employment Term, the Executive shall continue to devote all of his business time, energy and skill and his best efforts to the performance of his duties with the Company; provided, however, that the foregoing shall not prevent the Executive from (i) serving on the board of directors of non-profit organizations and, with the prior written approval of the Board, other companies, (ii) participating in charitable, civic, educational, professional, community or industry affairs or (iii) managing his and his family’s passive personal investments so long as such activities in the aggregate do not materially interfere or conflict with the performance of his duties hereunder or create a potential business conflict.

Position; Duties. (a) During the Employment Engagement Term (as hereinafter defineddefined in Section 2 below), the Executive Employee shall serve as the President and Chief Executive Financial Officer of In their capacity the Company and, if elected by the Board of Directors of the Company (the “Board”), Chairman. In this capacity, the Executive Employee shall have such duties, authorities and responsibilities commensurate with the duties, authorities and responsibilities of persons in similar capacities in similarly sized companies, companies and such other duties, authorities reasonable duties and responsibilities as the Board Chief Financial Officer (the “CFO”) shall designate that are consistent with the Executive’s positionsdesignate. The Executive Employee shall report directly to the BoardCFO. The Employee shall obey the lawful directions of the CFO and shall use their diligent efforts to promote the interests of the Company and to maintain and promote the reputation thereof. (b) During the Employment Engagement Term, the Executive Employee shall use their best efforts to perform their duties under their Agreement and shall devote all of his their business time, energy and skill and his best efforts to in the performance of his their duties with the Company; provided, however, that the foregoing . The Employee shall not prevent during the Executive from Engagement Term (i) serving on except as a representative of the board of directors of non-profit organizations and, Company or with the prior written approval consent in writing of the Board) be directly or indirectly engaged or concerned in any other business activity. Notwithstanding the foregoing provisions, other companies, the Employee is not prohibited from (ii1) participating in charitable, civic, educational, professional, professional or community or industry affairs or serving on the board of directors or advisory committees of non-profit entities, and (iii2) managing his their and his their family’s passive personal investments so long as investments, in each case, provided that such activities in the aggregate do not materially interfere or conflict with the performance of his their duties hereunder or create a potential business conflicthereunder.

Position; Duties. (a) During the Employment Term (as hereinafter defineddefined in Section 2 below), the Executive shall serve as the President and Chief Executive Officer of the Company and, if elected by the Board of Directors of the Company (the “Board”), ChairmanCompany. In this capacity, the Executive shall have such duties, authorities and responsibilities commensurate with the duties, authorities and responsibilities of persons in similar capacities in similarly sized companies, and such other duties, authorities and responsibilities as the Board of Directors of the Company (the “Board”) shall designate that are consistent with the Executive’s positionsposition as Chief Executive Officer of the Company. The Executive shall report to the Board. (b) During the Employment Term, the Executive shall devote all of his business time, energy and skill and his best efforts to the performance of his duties with the Company; provided, however, that provided the foregoing shall not prevent the Executive from (i) serving on the board of directors of non-profit organizations and, with the prior written approval of the Board, other companies, (ii) participating in charitable, civic, educational, professional, community or industry affairs or and (iii) managing his and his family’s passive personal investments so long as such activities in the aggregate do not materially interfere or conflict with the performance of his duties hereunder or create a potential business conflict. (c) The Board shall take such action as may be necessary to appoint or elect the Executive as a member of the Board as of the Effective Date. Thereafter, during the Employment Term, the Board shall nominate the Executive for re-election as a member of the Board at the expiration of the then current term, provided that the foregoing shall not be required to the extent prohibited by legal or regulatory requirements.