Common use of Duties; Extent of Service Clause in Contracts

Duties; Extent of Service. During Executive’s employment under this Agreement, Executive (a) shall serve as an employee of the Company with the title and position of President and Chief Executive Officer, reporting to the Board of Directors of the Company, (b) shall have such executive responsibilities consistent with the foregoing title and position as the Board of Directors of the Company shall from time to time designate, provided that, in all cases Executive shall be subject to the oversight and supervision of the Board of Directors of the Company in the performance of his duties, (c) upon the request of the Board of Directors of the Company, shall serve as an officer and/or director of any of the Company’s subsidiaries, and (d) shall render all services reasonably incident to the foregoing. Executive hereby accepts such employment, agrees to serve the Company in the capacities indicated, and agrees to use Executive’s reasonable best efforts in, and shall devote Executive’s full working time, attention, skill and energies to, the advancement of the interests of the Company and its subsidiaries and the performance of Executive’s duties and responsibilities hereunder. The foregoing, however, shall not be construed as preventing Executive from (i) engaging in religious, charitable or other community or non-profit activities, or (ii) managing Executive’s personal investments and business interests, in each case in a manner that does not impair Executive’s ability to fulfill Executive’s duties and responsibilities under this Agreement (the activities described in clauses (i) and (ii), the “Permitted Activities”).

Duties; Extent of Service. During Executive’s employment under this Agreement, Executive (a) shall serve as an employee of the Company with the title and position of President and Chief Executive OfficerVice President, reporting to the Board of Directors (or the Chief Executive Officer, as appropriate) of the Company, (b) shall have such executive responsibilities consistent with the foregoing title and position as the Board of Directors (or the Chief Executive Officer, as appropriate) of the Company shall from time to time designate, provided that, in all cases Executive shall be subject to the oversight and supervision of the Board of Directors (or the Chief Executive Officer, as appropriate) of the Company in the performance of his duties, (c) upon the request of the Board of Directors (or the Chief Executive Officer, as appropriate) of the Company, shall serve as an officer and/or director of any of the Company’s subsidiaries, and (d) shall render all services reasonably incident to the foregoing. Executive hereby accepts such employment, agrees to serve the Company in the capacities indicated, and agrees to use Executive’s reasonable best efforts in, and shall devote Executive’s full working time, attention, skill and energies to, the advancement of the interests of the Company and its subsidiaries and the performance of Executive’s duties and responsibilities hereunder. The foregoing, however, shall not be construed as preventing Executive from (i) engaging in religious, charitable or other community or non-profit activities, or (ii) managing Executive’s personal investments and business interests, in each case in a manner that does not impair Executive’s ability to fulfill Executive’s duties and responsibilities under this Agreement (the activities described in clauses (i) and (ii), the “Permitted Activities”).

Duties; Extent of Service. During Executive’s Employee's employment under this Agreement, Executive Employee (ai) shall serve as an employee of the Company with the title and position of Vice President and Chief Executive Officerof Internal Operations, reporting to the Board of Directors Chief Executive Officer of the Company, (bii) shall have such executive responsibilities consistent with the foregoing title and position as the Board of Directors Chief Executive Officer of the Company shall from time to time designate, provided that, in all cases Executive Employee shall be subject to the oversight and supervision of the Board of Directors of the Company in the performance of his duties, (ciii) upon the request of the Board of Directors Chief Executive Officer of the Company, shall serve as an officer and/or director of any of the Company’s 's subsidiaries, and (div) shall render all services reasonably incident to the foregoing. Executive Employee hereby accepts such employment, agrees to serve the Company in the capacities indicated, and agrees to use Executive’s reasonable Employee's best efforts in, and shall devote Executive’s Employee's full working time, attention, skill and energies to, the advancement of the interests of the Company and its subsidiaries and the performance of Executive’s Employee's duties and responsibilities hereunder. The foregoing, however, shall not be construed as preventing Executive Employee from (i) engaging in religious, charitable or other community or non-profit activities, or (ii) managing Executive’s personal investments and business interests, in each case in a manner activities that does do not impair Executive’s Employee's ability to fulfill Executive’s Employee's duties and responsibilities under this Agreement (the activities described in clauses (i) and (ii), the “Permitted Activities”)Agreement.

Duties; Extent of Service. During Executive’s employment under this Agreementthe Employment Period, Executive (a) shall serve as an employee a senior executive officer of the Company with the title and position of President and Chief Executive Officer, reporting to the Board of Directors of the Company, Company (the "BOARD OF DIRECTORS") and (b) shall have supervisory responsibility in such executive responsibilities consistent with the foregoing title and position capacity over such matters as the Board of Directors of the Company shall may be specified from time to time designateby the Board of Directors, provided consistent with Executive's position and general area of experience and skills, PROVIDED that, in all cases Executive shall be subject to the oversight and supervision of the Board of Directors of the Company in the performance of his duties, (c) upon the request of the Board of Directors of the CompanyDirectors, shall serve as an officer and/or director of any of the Company’s 's subsidiaries, and (d) shall render all services reasonably incident to the foregoing. Executive hereby accepts such employment, agrees to serve the Company in the capacities indicated, and agrees to use Executive’s reasonable 's best efforts in, and shall devote Executive’s 's full working time, attention, skill and energies to, the advancement of the interests of the Parent, the Company and its their subsidiaries and the performance of Executive’s 's duties and responsibilities hereunder. The Executive shall not during the Employment Period be engaged in any other business activity which, in the reasonable judgment of the Board of Directors, would conflict with the ability of the Executive to perform his duties under this Agreement, whether or not such activity is pursued for gain, profit or other pecuniary advantage. The foregoing, however, shall not be construed as preventing Executive from (i) engaging in religious, charitable or other community or non-profit activities, or passive investment activities (iiincluding the investment in real estate or other businesses consistent with the non-competition restrictions referenced in SECTION 8 of this Agreement) managing Executive’s personal investments and business interests, in each case in a manner that does do not substantially impair Executive’s 's ability to fulfill Executive’s 's duties and responsibilities under this Agreement (the activities described in clauses (i) and (ii), the “Permitted Activities”)Agreement.

Duties; Extent of Service. During Executive’s employment under this Agreementthe Employment Period, the Executive (a) shall serve as an employee the Chief Executive Officer of the Company with and the title and position of President and Chief Executive OfficerParent, reporting to the Board of Directors of the CompanyCompany (the “Board of Directors”) and the Parent, as applicable, and (b) shall have such executive responsibilities manage the Company’s and the Parent’s affairs, consistent with the foregoing title and Executive’s position as the Board of Directors of the Company shall from time to time designateChief Executive Officer, provided that, in all cases the Executive shall be subject to the oversight and supervision of the Board of Directors of the Company in the performance of his duties, (c) shall be nominated for election to the Board of Directors of each of the Company and the Parent, (d) upon the request of the Board of Directors of the CompanyDirectors, shall serve as an officer and/or director of any of the Company’s subsidiariessubsidiaries and/or other affiliates, and (de) shall render all services reasonably incident to the foregoing. The Executive hereby accepts such employment, agrees to serve the Company in the capacities indicated, and agrees to use the Executive’s reasonable best efforts in, and shall devote the Executive’s full working time, attention, skill and energies to, the advancement of the interests of the Company Company, the Parent and its their subsidiaries and to the performance of the Executive’s duties and responsibilities hereunder. The foregoingSubject to Section 8.e, however, the Executive shall not during the Employment Period be construed as preventing engaged in any other business activity that, in the reasonable judgment of the Board of Directors, would conflict with the ability of the Executive from (i) engaging in religiousto perform his duties under this Agreement, charitable whether or not such activity is pursued for gain, profit or other community or non-profit activities, or (ii) managing Executive’s personal investments and business interests, in each case in a manner that does not impair Executive’s ability to fulfill Executive’s duties and responsibilities under this Agreement (the activities described in clauses (i) and (ii), the “Permitted Activities”)pecuniary advantage.

Duties; Extent of Service. During Executive’s employment under this Agreement, Executive (a) shall serve as an employee of the Company with the title and position of Vice President and Chief Executive Officerof Finance, reporting to the Chief Financial Officer of the Company; provided, however, that Executive was elected to the office of Vice President of Finance by the Board of Directors of the CompanyCompany effective January 1, 2008, (b) shall have such executive responsibilities consistent with the foregoing title and position as the Board of Directors Chief Financial Officer of the Company shall from time to time designate, provided that, in all cases Executive shall be subject to the oversight and supervision of the Board of Directors of the Company Chief Financial Officer in the performance of his duties, (c) upon the request of the Board of Directors of or the CompanyChief Financial Officer, shall serve as an officer and/or director of any of the Company’s subsidiaries, and (d) shall render all services reasonably incident to the foregoing. Executive hereby accepts such employment, agrees to serve the Company in the capacities indicated, and agrees to use Executive’s reasonable best efforts in, and shall devote Executive’s full working time, attention, skill and energies to, the advancement of the interests of the Company and its subsidiaries and the performance of Executive’s duties and responsibilities hereunder. The foregoing, however, shall not be construed as preventing Executive from (i) engaging in religious, charitable or other community or non-profit activities, or (ii) managing Executive’s personal investments and business interests, in each case in a manner that does not impair Executive’s ability to fulfill Executive’s duties and responsibilities under this Agreement (the activities described in clauses (i) and (ii), the “Permitted Activities”).from

Duties; Extent of Service. During Executive’s Employee's employment under this Agreement, Executive Employee (ai) shall serve as an employee of the Company with the title and position of President and Chief Executive Financial Officer, reporting to the Board of Directors Chief Executive Officer of the Company, (bii) shall have such executive responsibilities consistent with the foregoing title and position as the Board of Directors Chief Executive Officer of the Company shall from time to time designate, provided that, in all cases Executive Employee shall be subject to the oversight and supervision of the Board of Directors of the Company in the performance of his duties, (ciii) upon the request of the Board of Directors Chief Executive Officer of the Company, shall serve as an officer and/or director of any of the Company’s 's subsidiaries, and (div) shall render all services reasonably incident to the foregoing. Executive Employee hereby accepts such employment, agrees to serve the Company in the capacities indicated, and agrees to use Executive’s reasonable Employee's best efforts in, and shall devote Executive’s Employee's full working time, attention, skill and energies to, the advancement of the interests of the Company and its subsidiaries and the performance of Executive’s Employee's duties and responsibilities hereunder. The foregoing, however, shall not be construed as preventing Executive Employee from (i) engaging in religious, charitable or other community or non-profit activities, or (ii) managing Executive’s personal investments and business interests, in each case in a manner activities that does do not impair Executive’s Employee's ability to fulfill Executive’s Employee's duties and responsibilities under this Agreement (the activities described in clauses (i) and (ii), the “Permitted Activities”)Agreement.

Duties; Extent of Service. During Executive’s Employee's employment under this Agreement, Executive Employee (ai) shall serve as an employee of the Company with the title and position of Vice President and Chief Executive Officerof Product Development, reporting to the Board of Directors Chief Executive Officer of the Company, (bii) shall have such executive responsibilities consistent with the foregoing title and position as the Board of Directors Chief Executive Officer of the Company shall from time to time designate, provided that, in all cases Executive Employee shall be subject to the oversight and supervision of the Board of Directors of the Company in the performance of his duties, (ciii) upon the request of the Board of Directors Chief Executive Officer of the Company, shall serve as an officer and/or director of any of the Company’s 's subsidiaries, and (div) shall render all services reasonably incident to the foregoing. Executive Employee hereby accepts such employment, agrees to serve the Company in the capacities indicated, and agrees to use Executive’s reasonable Employee's best efforts in, and shall devote Executive’s Employee's full working time, attention, skill and energies to, the advancement of the interests of the Company and its subsidiaries and the performance of Executive’s Employee's duties and responsibilities hereunder. The foregoing, however, shall not be construed as preventing Executive Employee from (i) engaging in religious, charitable or other community or non-profit activities, or (ii) managing Executive’s personal investments and business interests, in each case in a manner activities that does do not impair Executive’s Employee's ability to fulfill Executive’s Employee's duties and responsibilities under this Agreement (the activities described in clauses (i) and (ii), the “Permitted Activities”)Agreement.

Duties; Extent of Service. During Executive’s employment under this Agreementthe Employment Period, the Executive (a) shall serve as an employee a senior executive officer of the Company and the Parent with the title and position of President and Chief Executive Financial Officer, reporting to the Board of Directors of the CompanyChief Executive Officer, and (b) shall have supervisory responsibility in such executive responsibilities consistent with the foregoing title and position capacity over matters as the Board of Directors of the Company shall may be specified from time to time designateby the Chief Executive Officer, provided thatconsistent with the Executive’s position and general area of experience and skills, provided, that in all cases the Executive shall be subject to the oversight and supervision of the Board of Directors of the Company Chief Executive Officer in the performance of his duties, (c) upon the request of the Board of Directors of the CompanyChief Executive Officer, shall serve as an officer and/or director of any of the Company’s subsidiariessubsidiaries and/or other affiliates, and (d) shall render all services reasonably incident to the foregoing. The Executive hereby accepts such employment, agrees to serve the Company in the capacities indicated, and agrees to use the Executive’s reasonable best efforts in, and shall devote the Executive’s full working time, attention, skill and energies to, to the advancement of the interests of the Company Company, the Parent and its their subsidiaries and to the performance of the Executive’s duties and responsibilities hereunder. The foregoing, however, Executive shall not during the Employment Period be construed as preventing engaged in any other business activity that, in the reasonable judgment of the Board of Directors of the Parent and/or the Company (the “Board of Directors”), would conflict with the ability of the Executive from (i) engaging in religiousto perform his duties under this Agreement, charitable whether or not such activity is pursued for gain, profit or other community or non-profit activities, or (ii) managing Executive’s personal investments and business interests, in each case in a manner that does not impair Executive’s ability to fulfill Executive’s duties and responsibilities under this Agreement (the activities described in clauses (i) and (ii), the “Permitted Activities”)pecuniary advantage.

Duties; Extent of Service. During Executive’s Employee's employment under this Agreement, Executive Employee (ai) shall serve as an employee of the Company with the title and position of President and Chief Executive Officer, reporting to the Board of Directors of the Company, (bii) shall have such executive responsibilities consistent with the foregoing title and position as the Board of Directors of the Company shall from time to time designate, provided that, designate and in all cases Executive Employee shall be subject to the oversight and supervision of the Board of Directors of the Company in the performance of his duties, (ciii) upon the request of the Board of Directors of the Company, shall serve as an officer and/or director of any of the Company’s 's subsidiaries, and (div) shall render all services reasonably incident to the foregoing. Executive Employee hereby accepts such employment, agrees to serve the Company in the capacities indicated, and agrees to use Executive’s reasonable Employee's best efforts in, and shall devote Executive’s Employee's full working time, attention, skill and energies to, the advancement of the interests of the Company and its subsidiaries and the performance of Executive’s Employee's duties and responsibilities hereunder. The foregoing, however, shall not be construed as preventing Executive Employee from (i) engaging in religious, charitable or other community or non-profit activities, or (ii) managing Executive’s personal investments and business interests, in each case in a manner activities that does do not impair Executive’s Employee's ability to fulfill Executive’s Employee's duties and responsibilities under this Agreement (the activities described in clauses (i) and (ii), the “Permitted Activities”)Agreement.

Duties; Extent of Service. During ExecutiveEmployee’s employment under this Agreement, Executive (a) Employee shall serve as an employee of the Company with the title and position of President Vice President, General Counsel and Corporate Secretary, having responsibilities as designated by the Chief Executive Officer, reporting to the Board of Directors Officer (“CEO”) of the Company, (b) and shall have assume such executive new or additional titles, positions and responsibilities consistent with the foregoing title and position as the Board of Directors CEO of the Company shall from time to time designatedesignate at the CEO’s sole discretion, provided that, that in all cases Executive Employee shall be subject to the oversight and supervision of the Board of Directors of the Company CEO or his designee in the performance of his Employee’s duties, (c) upon the request of the Board of Directors of the Company, shall serve as an officer and/or director of any of the Company’s subsidiaries, and (d) shall render all services reasonably incident to the foregoing. Executive Employee hereby accepts such employment, agrees to serve the Company in the capacities indicated, and agrees to use ExecutiveEmployee’s reasonable best efforts in, and shall devote ExecutiveEmployee’s full working time, attention, skill and energies to, the advancement of the interests of the Company and its subsidiaries and the performance of ExecutiveEmployee’s duties and responsibilities hereunder. The foregoing, however, shall not be construed as preventing Executive Employee from (i) engaging in religious, charitable or other community or non-profit activities, or (ii) managing Executive’s personal investments and business interests, in each case in a manner activities that does do not impair Executiveor interfere with Employee’s ability to fulfill ExecutiveEmployee’s duties and responsibilities under this Agreement (the activities described in clauses (i) and (ii), the “Permitted Activities”)Agreement.

Duties; Extent of Service. During Executive’s Employee's employment under this Agreement, Executive Employee (ai) shall serve as an employee of the Company with the title and position of President and Chief Executive OfficerTechnical Marketing Director, reporting to the Board of Directors Chief Executive Officer of the Company, (bii) shall have such executive responsibilities consistent with the foregoing title and position as the Board of Directors Chief Executive Officer of the Company shall from time to time designate, provided that, in all cases Executive Employee shall be subject to the oversight and supervision of the Board of Directors of the Company in the performance of his duties, (ciii) upon the request of the Board of Directors Chief Executive Officer of the Company, shall serve as an officer and/or director of any of the Company’s 's subsidiaries, and (div) shall render all services reasonably incident to the foregoing. Executive Employee hereby accepts such employment, agrees to serve the Company in the capacities indicated, and agrees to use Executive’s reasonable Employee's best efforts in, and shall devote Executive’s Employee's full working time, attention, skill and energies to, the advancement of the interests of the Company and its subsidiaries and the performance of Executive’s Employee's duties and responsibilities hereunder. The foregoing, however, shall not be construed as preventing Executive Employee from (i) engaging in religious, charitable or other community or non-profit activities, or (ii) managing Executive’s personal investments and business interests, in each case in a manner activities that does do not impair Executive’s Employee's ability to fulfill Executive’s Employee's duties and responsibilities under this Agreement (the activities described in clauses (i) and (ii), the “Permitted Activities”)Agreement.

Duties; Extent of Service. During Executive’s Employee's employment under this Agreement, Executive Employee (a) shall serve as an employee of the Company with the title and position of President and Chief Executive Officer, reporting to the Board of Directors of the Company, (b) shall have such executive responsibilities consistent with the foregoing title and position as the Board of Directors of the Company shall from time to time designate, provided thatPROVIDED THAT, in all cases Executive Employee shall be subject to the oversight and supervision of the Board of Directors of the Company in the performance of his duties, (c) upon the request of the Board of Directors of the Company, shall serve as an officer and/or director of any of the Company’s 's subsidiaries, and (d) shall render all services reasonably incident to the foregoing. Executive Employee hereby accepts such employment, agrees to serve the Company in the capacities indicated, and agrees to use Executive’s Employee's reasonable best efforts in, and shall devote Executive’s Employee's full working time, attention, skill and energies to, the advancement of the interests of the Company and its subsidiaries and the performance of Executive’s Employee's duties and responsibilities hereunder. The foregoing, however, shall not be construed as preventing Executive Employee from (i) engaging in religious, charitable or other community or non-profit activities, or (ii) engaging in the business of purchasing and selling, or investing in entities specially established for the purpose of purchasing and selling, real estate and/or pools of performing, sub-performing and non-performing mortgage, automobile and other types of loans and financial instruments, and managing Executive’s personal investments and business interestssuch investments, in each case in a manner consistent in nature with Employee's past and current involvement in such activities and that does not impair Executive’s Employee's ability to fulfill Executive’s Employee's duties and responsibilities under this Agreement or the Non-Competition Agreement (the activities described in clauses (i) and (ii), the “"Permitted Activities”").

Duties; Extent of Service. During Executive’s employment under this Agreementthe Employment Period, the Executive (a) shall serve as an employee a senior executive officer of the Company and the Parent with the title and position of President and General Counsel, reporting to the Chief Executive Officer, reporting to the Board of Directors of the Company, and (b) shall have supervisory responsibility in such executive responsibilities consistent with the foregoing title and position capacity over matters as the Board of Directors of the Company shall may be specified from time to time designateby the Chief Executive Officer, provided thatconsistent with the Executive’s position and general area of experience and skills, provided, that in all cases the Executive shall be subject to the oversight and supervision of the Board of Directors of the Company Chief Executive Officer in the performance of his duties, (c) upon the request of the Board of Directors of the CompanyChief Executive Officer, shall serve as an officer and/or director of any of the Company’s subsidiariessubsidiaries and/or other affiliates, and (d) shall render all services reasonably incident to the foregoing. The Executive hereby accepts such employment, agrees to serve the Company in the capacities indicated, and agrees to use the Executive’s reasonable best efforts in, and shall devote the Executive’s full working time, attention, skill and energies to, to the advancement of the interests of the Company Company, the Parent and its their subsidiaries and to the performance of the Executive’s duties and responsibilities hereunder. The foregoing, however, Executive shall not during the Employment Period be construed as preventing engaged in any other business activity that, in the reasonable judgment of the Board of Directors of the Parent and/or the Company (the “Board of Directors”), would conflict with the ability of the Executive from (i) engaging in religiousto perform his duties under this Agreement, charitable whether or not such activity is pursued for gain, profit or other community or non-profit activities, or (ii) managing Executive’s personal investments and business interests, in each case in a manner that does not impair Executive’s ability to fulfill Executive’s duties and responsibilities under this Agreement (the activities described in clauses (i) and (ii), the “Permitted Activities”)pecuniary advantage.

Duties; Extent of Service. During Executive’s employment under this Agreementthe Employment Period, the Executive (a) shall serve as an employee a senior executive officer of the Company and the Parent with the title and position of President and Vice President, Development, reporting to the Chief Executive Officer, reporting to the Board of Directors of the Company, and (b) shall have supervisory responsibility in such executive responsibilities consistent with the foregoing title and position capacity over matters as the Board of Directors of the Company shall may be specified from time to time designateby the Chief Executive Officer, provided thatconsistent with the Executive’s position and general area of experience and skills, provided, that in all cases the Executive shall be subject to the oversight and supervision of the Board of Directors of the Company Chief Executive Officer in the performance of his duties, (c) upon the request of the Board of Directors of the CompanyChief Executive Officer, shall serve as an officer and/or director of any of the Company’s subsidiariessubsidiaries and/or other affiliates, and (d) shall render all services reasonably incident to the foregoing. The Executive hereby accepts such employment, agrees to serve the Company in the capacities indicated, and agrees to use the Executive’s reasonable best efforts in, and shall devote the Executive’s full working time, attention, skill and energies to, to the advancement of the interests of the Company Company, the Parent and its their subsidiaries and to the performance of the Executive’s duties and responsibilities hereunder. The foregoing, however, Executive shall not during the Employment Period be construed as preventing engaged in any other business activity that, in the reasonable judgment of the Board of Directors of the Parent and/or the Company (the “Board of Directors”), would conflict with the ability of the Executive from (i) engaging in religiousto perform his duties under this Agreement, charitable whether or not such activity is pursued for gain, profit or other community or non-profit activities, or (ii) managing Executive’s personal investments and business interests, in each case in a manner that does not impair Executive’s ability to fulfill Executive’s duties and responsibilities under this Agreement (the activities described in clauses (i) and (ii), the “Permitted Activities”)pecuniary advantage.

Duties; Extent of Service. During Executive’s Employee's employment under this Agreement, Executive Employee (ai) shall serve as an employee of the Company with the title and position of President and Chief Executive Officer, reporting to the Board of Directors of the Company, (bii) shall have such executive responsibilities consistent with the foregoing title and position as the Board of Directors of the Company shall from time to time designate, provided that, in all cases Executive shall be subject to the oversight and supervision of the Board of Directors of the Company in the performance of his duties, (ciii) upon the request of the Board of Directors of the Company, shall serve as an officer and/or director of any of the Company’s 's subsidiaries, and (div) shall render all services reasonably incident to the foregoing. Employee shall not be assigned any duty which is inconsistent with his position as President and Chief Executive Officer of the Company. Employee hereby accepts such employment, agrees to serve the Company in the capacities indicated, and agrees to use Executive’s reasonable Employee's best efforts in, and shall devote Executive’s Employee's full working time, attention, skill and energies to, the advancement of the interests of the Company and its subsidiaries and the performance of Executive’s Employee's duties and responsibilities hereunder. The foregoing, however, shall not be construed as preventing Executive from hereunder (i) engaging in religious, excluding reasonable and appropriate charitable or other community or non-profit activities, or (ii) managing Executive’s personal investments and business interests, in each case in a manner that does not impair Executive’s ability to fulfill Executive’s duties and responsibilities under this Agreement (the activities described in clauses (i) and (ii), the “Permitted Activities”).

Duties; Extent of Service. During Executive’s Employee's employment under this Agreement, Executive Employee (ai) shall serve as an employee of the Company with the title and position of President and Chief Executive OfficerPresident, reporting to the Board of Directors of the Company, (bii) shall have such executive responsibilities consistent with the foregoing title and position as the Board of Directors of the Company shall from time to time designate, provided that, designate and in all cases Executive Employee shall be subject to the oversight and supervision of the Board of Directors of the Company in the performance of his duties, (ciii) upon the request of the Board of Directors of the Company, shall serve as an officer and/or director of any of the Company’s 's subsidiaries, and (div) shall render all services reasonably incident to the foregoing. Executive Employee hereby accepts such employment, agrees to serve the Company in the capacities indicated, and agrees to use Executive’s reasonable Employee's best efforts in, and shall devote Executive’s Employee's full working time, attention, skill and energies to, the advancement of the interests of the Company and its subsidiaries and the performance of Executive’s Employee's duties and responsibilities hereunder. The foregoing, however, shall not be construed as preventing Executive Employee from (i) engaging in religious, charitable or other community or non-profit activities, or (ii) managing Executive’s personal investments and business interests, in each case in a manner activities that does do not impair Executive’s Employee's ability to fulfill Executive’s Employee's duties and responsibilities under this Agreement (the activities described in clauses (i) and (ii), the “Permitted Activities”)Agreement.

Duties; Extent of Service. During Executive’s employment under this Agreementthe Employment Period, the Executive (a) shall serve as an employee a senior executive officer of the Company and the Parent with the title and position of President and Chief Executive Operating Officer, reporting to the Board of Directors of the CompanyChief Executive Officer, and (b) shall have supervisory responsibility in such executive responsibilities consistent with the foregoing title and position capacity over matters as the Board of Directors of the Company shall may be specified from time to time designateby the Chief Executive Officer, provided thatconsistent with the Executive’s position and general area of experience and skills, provided, that in all cases the Executive shall be subject to the oversight and supervision of the Board of Directors of the Company Chief Executive Officer in the performance of his duties, (c) upon the request of the Board of Directors of the CompanyChief Executive Officer, shall serve as an officer and/or director of any of the Company’s subsidiariessubsidiaries and/or other affiliates, and (d) shall render all services reasonably incident to the foregoing. The Executive hereby accepts such employment, agrees to serve the Company in the capacities indicated, and agrees to use the Executive’s reasonable best efforts in, and shall devote the Executive’s full working time, attention, skill and energies to, to the advancement of the interests of the Company Company, the Parent and its their subsidiaries and to the performance of the Executive’s duties and responsibilities hereunder. The foregoing, however, Executive shall not during the Employment Period be construed as preventing engaged in any other business activity that, in the reasonable judgment of the Board of Directors of the Parent and/or the Company (the “Board of Directors”), would conflict with the ability of the Executive from (i) engaging in religiousto perform his duties under this Agreement, charitable whether or not such activity is pursued for gain, profit or other community or non-profit activities, or (ii) managing Executive’s personal investments and business interests, in each case in a manner that does not impair Executive’s ability to fulfill Executive’s duties and responsibilities under this Agreement (the activities described in clauses (i) and (ii), the “Permitted Activities”)pecuniary advantage.