Employee. Employees rights and obligations under this Agreement shall not be transferable by Employee by assignment or otherwise, without the prior written consent of the Company; provided, however, that if Employee shall die, all amounts then payable to Employee hereunder shall be paid in accordance with the terms of this Agreement to Employees devisee, legatee or other designee or, if there be no such designee, to Employees estate.
Employee. Employee means any person employed by one or more of the Employers who is on the regular payroll of an Employer and whose wages from the Employer are reported for Federal income tax purposes on Internal Revenue Service Form W-2 (or successor or equivalent form). Notwithstanding any provision of the Plan to the contrary, an individual who performs services for a Controlled Group Member but who is paid by an Employer under a common paymaster arrangement with such Controlled Group Member shall not be considered an Employee for purposes of the Plan. An Employers classification as to whether an individual constitutes an Employee shall be determinative for purposes of an individuals eligibility under the Plan. An individual who is classified as an independent contractor (or other non-employee classification) shall not be considered an Employee and shall not be eligible for participation in the Plan, regardless of any subsequent reclassification of such individual as an Employee or employee of an Employer by an Employer, any government agency, court, or other third-party. Any such reclassification shall not have a retroactive effect for purposes of the Plan. Notwithstanding any other provision of the Plan to the contrary, nonresident alien individuals receiving no U.S.-source income from any Employer are not considered Employees under the Plan.
Employee. Since the Company is contracting for the unique and personal skills of the Employee, the Employee shall be precluded from assigning or delegating Employees rights or duties hereunder without first obtaining the written consent of the Company; provided, however, that nothing in this paragraph shall preclude (i) the Employee from designating a beneficiary to receive any benefit payable hereunder upon death, or (ii) the executors, administrators, or other legal representatives of the Employee or Employees estate from assigning any rights hereunder to the person or persons entitled thereunto.
Employee agrees that during Employee's employment by the Employer and for an additional period of one (1) year from and after the expiration of this Agreement or the earlier termination of employment, subject to the provisions of paragraph 11 below, Employee will not compete directly or indirectly with the Employer and shall not either directly or indirectly have any ownership interest in, become a shareholder, director, officer or employee of or otherwise provide services to other clients Employer is now providing services for (a list of which can be obtained by requesting the same of Employer), pursuant to contract or otherwise. In addition, Employee shall not solicit business from any of the above-referenced clients of Employer.
Employee. Employee shall indemnify and hold harmless the Company from and against any losses, claims, damages or liabilities which arise out of any breach of Employee's representations and warranties set forth in Section 7 (f) of this Agreement as determined in a court of law and made part of a final judgment after exhaustion of, or the time has lapsed for, any appeal thereof.
Employee. Any employee of the Company (or any Parent or Subsidiary) within the meaning of Section 3401(c) of the Code who, in the opinion of the Committee, is in a position to contribute to the growth, development or financial success of the Company (or any Parent or Subsidiary), including, without limitation, officers who are members of the Board.
Employee. An Employee is any individual employed by the Employer (including any Related Employers). An independent contractor is not an Employee. An Employee is not eligible to participate under the Plan if the individual is an Excluded Employee under Section 1.2. (See Section 1.3 for rules regarding coverage of Employees of Related Employers.) For purposes of applying the provisions under this Plan, a Self-Employed Individual (including a partner in a partnership) is treated as an Employee. A Leased Employee is also treated as an Employee of the recipient organization, as provided in Section 1.2(b).