five percent Uses in Duties Clause

Duties from Employment Agreement

This Employment Agreement (this "Agreement") is made and entered into effective as of May 4, 2017 (the "Effective Date") by and between Navidea Biopharmaceuticals, Inc., a Delaware corporation with a place of business at 5600 Blazer Parkway, Suite 200, Dublin, Ohio 43017-7550 (the "Company" or "Navidea") and Jed A Latkin, residing at 340 West 86th Street Apt 6B, New York, NY 10024 (the "Executive"). The Company and Executive are hereinafter sometimes collectively referred to as the "Parties."

Duties. From and after the Effective Date, and based upon the terms and conditions set forth herein, the Company agrees to employ the Executive and the Executive agrees to be employed by the Company, as the Company's COO and CFO and in such additional executive level position or positions as shall be assigned to him by the Company's Board of Directors (the "Board"). While serving in such executive level position or positions, the Executive shall report to, be responsible to, and shall take direction from the Chief Executive Officer. The Executive shall, if requested, also serve as a member of Board or as an officer or director of any affiliate of the Company for no additional compensation. During the Term (as defined in Section 2 below), the Executive agrees to devote substantially all of his working time to the position he holds with the Company and to faithfully, industriously, and to the best of his ability, experience and talent, perform the duties that are assigned to him. The Executive shall also observe and abide by the reasonable corporate policies and decisions of the Company in all business matters. The Executive represents and warrants to the Company that Exhibit A attached hereto sets forth a true and complete list of (a) all offices, directorships and other positions held by the Executive in corporations and firms other than the Company and its subsidiaries, and (b) any investment or ownership interest in any corporation or firm other than the Company beneficially owned by the Executive (excluding investments in life insurance policies, bank deposits, publicly traded securities that are less than five percent (5%) of their class and real estate). The Executive will promptly notify the Board of any additional positions undertaken or investments made by the Executive during the Term if they are of a type which, if they had existed on the date hereof, should have been listed on Exhibit A hereto. As long as the Executive's other positions or investments in other firms do not create a conflict of interest, violate the Executive's obligations under Section 6 below or cause the Executive to neglect his duties hereunder, such activities and positions shall not be deemed to be a breach of this Agreement.

Duties from Amendment to Executive Employment Agreement

This AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT (this "Amendment"), is effective as of the 5th day of April 2017, by and between TSS, INC., a Delaware corporation (f/k/a Fortress International Group, Inc.) (the "Company"), and Gerard J. Gallagher (the "Executive"). Each of the Company and Executive are hereinafter individually referred to as a "Party," and collectively as the "Parties".

Duties. During the Employment Period, the Executive's title shall be Senior Technical Advisor and Founder of the Company. During the Employment Period, the Executive shall report to the Chief Executive Officer of the Company. The Executive shall perform such services for the Company as is lawfully directed, from time to time, by the Company's Chief Executive Officer. The Executive shall not, during the Employment Period, be employed or involved in any other business activity for gain, profit or other pecuniary advantage. Notwithstanding the immediately foregoing sentence, the Executive may (a) volunteer services for or on behalf of such religious, educational, non-profit and/or charitable organizations as the Executive may wish to serve; (b) manage his personal, financial and legal affairs; and (c) participate as a director of, or own less than fifty percent (50%) of the equity interest or voting rights in, any other business entity that does not directly or indirectly compete with the business of the Company, so long as (1) the Executive provides the Audit Committee of the Board prior written notice of such activities that describes such activities in reasonable detail (provided, however, that such notice shall not be required for any investment by the Executive that would result in the Executive owning not more than five percent (5%) of the outstanding stock or voting power of a business entity listed on a national securities exchange); (2) such activities do not interfere, or could not reasonably be expected to interfere, with his duties and responsibilities to the Company as provided hereunder, (3) the Executive is not actively involved in the management of such business entity, except to the extent the Executive serves on such business entity's board of directors or similar governing body; (4) such activities do not violate any of the terms of this Agreement or any other agreement entered into with the Company (including, but not limited to, Sections 2.4 and 7 hereof), and (5) such activities would not be the types of activities required, in the sole discretion of the Audit Committee, to be disclosed under Item 404 of Regulation S-K promulgated by the Securities and Exchange Commission regardless of whether the Company is subject to such disclosure requirements. (c) Base Salary. Section 3.1 is hereby deleted in its entirety and the following is substituted in lieu thereof:

Duties from Employment Agreement

This Employment Agreement (this "Agreement") is made and entered into effective as of September 22, 2016 (the "Effective Date") by and between Navidea Biopharmaceuticals, Inc., a Delaware corporation with a place of business at 5600 Blazer Parkway, Suite 200, Dublin, Ohio 43017-7550 (the "Company" or "Navidea") and Michael M. Goldberg, M.D., residing at _________________________________________________ (the "Executive"). The Company and Executive are hereinafter sometimes collectively referred to as the "Parties."

Duties. From and after the Effective Date, and based upon the terms and conditions set forth herein, the Company agrees to employ the Executive and the Executive agrees to be employed by the Company, as the Company's President and Chief Executive Officer and in such additional executive level position or positions as shall be assigned to him by the Company's Board of Directors (the "Board"). While serving in such executive level position or positions, the Executive shall report to, be responsible to, and shall take direction from the Board. The Executive shall, if requested, also serve as a member of Board or as an officer or director of any affiliate of the Company for no additional compensation. During the Term (as defined in Section 2 below), the Executive agrees to devote substantially all of his working time to the position he holds with the Company and to faithfully, industriously, and to the best of his ability, experience and talent, perform the duties that are assigned to him. The Executive shall also observe and abide by the reasonable corporate policies and decisions of the Company in all business matters. The Executive represents and warrants to the Company that Exhibit A attached hereto sets forth a true and complete list of (a) all offices, directorships and other positions held by the Executive in corporations and firms other than the Company and its subsidiaries, and (b) any investment or ownership interest in any corporation or firm other than the Company beneficially owned by the Executive (excluding investments in life insurance policies, bank deposits, publicly traded securities that are less than five percent (5%) of their class and real estate). The Executive will promptly notify the Board of any additional positions undertaken or investments made by the Executive during the Term if they are of a type which, if they had existed on the date hereof, should have been listed on Exhibit A hereto. As long as the Executive's other positions or investments in other firms do not create a conflict of interest, violate the Executive's obligations under Section 6 below or cause the Executive to neglect his duties hereunder, such activities and positions shall not be deemed to be a breach of this Agreement.

Duties from Employment Agreement

This Employment Agreement (this "Agreement") is made and entered into effective as of December 22, 2014 (the "Effective Date"), by and between Echo Therapeutics, Inc., a Delaware corporation with a place of business at 8 Penn Center, 1628 JFK Boulevard, Suite 300, Philadelphia, PA 19103 (the "Company" or "Echo") and Scott W. Hollander, residing at 5 Caroline Drive, Princeton, NJ 08540 (the "Executive"). The Company and Executive are hereinafter sometimes collectively referred to as the "Parties."

Duties. From and after the Effective Date, and based upon the terms and conditions set forth herein, the Company agrees to employ the Executive and the Executive agrees to be employed by the Company, as the Company's President and Chief Executive Officer and in such additional executive level position or positions as shall be assigned to him by the Company's Board of Directors. While serving in such executive level position or positions, the Executive shall report to, be responsible to, and shall take direction from the Board of Directors of the Company (the "Board"). During the Term of this Agreement (as defined in Section 2 below), the Executive agrees to devote substantially all of his working time to the position he holds with the Company and to faithfully, industriously, and to the best of his ability, experience and talent, perform the duties that are assigned to him. The Executive shall also observe and abide by the reasonable corporate policies and decisions of the Company in all business matters. The Executive represents and warrants to the Company that Exhibit A attached hereto sets forth a true and complete list of (a) all offices, directorships and other positions held by the Executive in corporations and firms other than the Company and its subsidiaries, and (b) any investment or ownership interest in any corporation or firm other than the Company beneficially owned by the Executive (excluding investments in life insurance policies, bank deposits, publicly traded securities that are less than five percent (5%) of their class and real estate). The Executive will promptly notify the Board of any additional positions undertaken or investments made by the Executive during the Term if they are of a type which, if they had existed on the date hereof, should have been listed on Exhibit A hereto. As long as the Executive's other positions or investments in other firms do not create a conflict of interest, violate the Executive's obligations under this Section or Section 7 below or cause the Executive to neglect his duties hereunder, such activities and positions shall not be deemed to be a breach of this Agreement. It is expected that upon any vacancy on the Board, the Company's Board intends to cause the Executive to fill such vacancy and to nominate the Executive for election to the Board at the immediately following shareholders' meeting. In the event that the Executive serves as a member of the Board or as an officer or director of any affiliate of the Company, such service shall for no additional compensation.

Duties from Employment Agreement

This Employment Agreement (this "Agreement") is made and entered into effective as of December 29, 2014 (the "Effective Date"), by and between Echo Therapeutics, Inc., a Delaware corporation with a place of business at 8 Penn Center, 1628 JFK Boulevard, Suite 300, Philadelphia, PA 19103 (the "Company" or "Echo") and Alan W. Schoenbart, residing at 1203 River Road 12K, Edgewater, NJ 07020 (the "Executive"). The Company and Executive are hereinafter sometimes collectively referred to as the "Parties."

Duties. From and after the Effective Date, and based upon the terms and conditions set forth herein, the Company agrees to employ the Executive and the Executive agrees to be employed by the Company, as the Company's Chief Financial Officer and Secretary and in such additional executive level position or positions as shall be assigned to him by the Company's Chief Executive Officer or Board of Directors. While serving in such executive level position or positions, the Executive shall report to, be responsible to, and shall take direction from the Chief Executive Officer and Board of Directors of the Company (the "Board"). During the Term of this Agreement (as defined in Section 2 below), the Executive agrees to devote substantially all of his working time to the position he holds with the Company and to faithfully, industriously, and to the best of his ability, experience and talent, perform the duties that are assigned to him. The Executive shall also observe and abide by the reasonable corporate policies and decisions of the Company in all business matters. The Executive represents and warrants to the Company that Exhibit A attached hereto sets forth a true and complete list of (a) all offices, directorships and other positions held by the Executive in corporations and firms other than the Company and its subsidiaries, and (b) any investment or ownership interest in any corporation or firm other than the Company beneficially owned by the Executive (excluding investments in life insurance policies, bank deposits, publicly traded securities that are less than five percent (5%) of their class and real estate). The Executive will promptly notify the Board of any additional positions undertaken or investments made by the Executive during the Term if they are of a type which, if they had existed on the date hereof, should have been listed on Exhibit A hereto. As long as the Executive's other positions or investments in other firms do not create a conflict of interest, violate the Executive's obligations under this Section or Section 7 below or cause the Executive to neglect his duties hereunder, such activities and positions shall not be deemed to be a breach of this Agreement.

Duties from Employment Agreement

This Employment Agreement is made and entered into effective as of October 13, 2014, (the "Effective Date"), by and between Navidea Biopharmaceuticals, Inc., a Delaware corporation with a place of business at 5600 Blazer Parkway, Suite 200, Dublin, Ohio 43017-7550 (the "Company" or "Navidea") and Ricardo Gonzalez, residing at 19360 SW 30th St., Miramar, FL 33029 (the "Executive"). The Company and Executive are hereinafter sometimes collectively referred to as the "Parties."

Duties. From and after the Effective Date, and based upon the terms and conditions set forth herein, the Company agrees to employ the Executive and the Executive agrees to be employed by the Company, as the Company's President and Chief Executive Officer and in such additional executive level position or positions as shall be assigned to him by the Company's Board of Directors. While serving in such executive level position or positions, the Executive shall report to, be responsible to, and shall take direction from the the Board of Directors of the Company (the "Board"). The Executive shall, if requested, also serve as a member of Board or as an officer or director of any affiliate of the Company for no additional compensation. During the Term of this Agreement (as defined in Section 2 below), the Executive agrees to devote substantially all of his working time to the position he holds with the Company and to faithfully, industriously, and to the best of his ability, experience and talent, perform the duties that are assigned to him. The Executive shall also observe and abide by the reasonable corporate policies and decisions of the Company in all business matters. The Executive represents and warrants to the Company that Exhibit A attached hereto sets forth a true and complete list of (a) all offices, directorships and other positions held by the Executive in corporations and firms other than the Company and its subsidiaries, and (b) any investment or ownership interest in any corporation or firm other than the Company beneficially owned by the Executive (excluding investments in life insurance policies, bank deposits, publicly traded securities that are less than five percent (5%) of their class and real estate). The Executive will promptly notify the Board of Directors of the Company of any additional positions undertaken or investments made by the Executive during the Term of this Agreement if they are of a type which, if they had existed on the date hereof, should have been listed on Exhibit A hereto. As long as the Executive's other positions or investments in other firms do not create a conflict of interest, violate the Executive's obligations under Section 7 below or cause the Executive to neglect his duties hereunder, such activities and positions shall not be deemed to be a breach of this Agreement.

Duties from Employment Agreement

This Employment Agreement is made and entered into effective as of April 15, 2014, (the "Effective Date"), by and between Navidea Biopharmaceuticals, Inc., a Delaware corporation with a place of business at 5600 Blazer Parkway, Suite 200, Dublin, Ohio 43017-7550 (the "Company" or "Navidea") and Mark J. Pykett of Boxford, MA (the "Employee").

Duties. From and after the Effective Date, and based upon the terms and conditions set forth herein, the Company agrees to employ the Employee and the Employee agrees to be employed by the Company, Chief Executive Officer of the Company and in such equivalent or additional executive level position or positions as shall be assigned to him by the Company's Board of Directors. While serving in such executive level position or positions, the Employee shall report to, be responsible to, and shall take direction from the the Board of Directors of the Company. During the Term of this Employment Agreement (as defined in Section 2 below), the Employee agrees to devote substantially all of his working time to the position he holds with the Company and to faithfully, industriously, and to the best of his ability, experience and talent, perform the duties that are assigned to him. The Employee shall also observe and abide by the reasonable corporate policies and decisions of the Company in all business matters. The Employee represents and warrants to the Company that Exhibit A attached hereto sets forth a true and complete list of (a) all offices, directorships and other positions held by the Employee in corporations and firms other than the Company and its subsidiaries, and (b) any investment or ownership interest in any corporation or firm other than the Company beneficially owned by the Employee (excluding investments in life insurance policies, bank deposits, publicly traded securities that are less than five percent (5%) of their class and real estate). The Employee will promptly notify the Board of Directors of the Company of any additional positions undertaken or investments made by the Employee during the Term of this Employment Agreement if they are of a type which, if they had existed on the date hereof, should have been listed on Exhibit A hereto. As long as the Employee's other positions or investments in other firms do not create a conflict of interest, violate the Employee's obligations under Section 7 below or cause the Employee to neglect his duties hereunder, such activities and positions shall not be deemed to be a breach of this Employment Agreement.

Duties from Amendment to Executive Employment Agreement

This AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT (this "Amendment"), is effective as of the 13th day of August 2013, by and between TSS, INC., a Delaware corporation (f/k/a Fortress International Group, Inc.) (the "Company"), and Gerard J. Gallagher (the "Executive"). Each of the Company and Executive are hereinafter individually referred to as a "Party," and collectively as the "Parties".

Duties. During the Employment Period, the Executive's title shall be Chief Technical Officer of the Company. During the Employment Period, the Executive shall report to the Chief Executive Officer of the Company. The Executive shall perform such services for the Company as is consistent with the Executive's position and as lawfully directed, from time to time, by the Company's Chief Executive Officer. The Executive shall not, during the Employment Period, be employed or involved in any other business activity for gain, profit or other pecuniary advantage. Notwithstanding the immediately foregoing sentence, the Executive may (a) volunteer services for or on behalf of such religious, educational, non-profit and/or charitable organizations as the Executive may wish to serve; (b) manage his personal, financial and legal affairs; and (c) participate as a director of, or own less than fifty percent (50%) of the equity interest or voting rights in, any other business entity that does not directly or indirectly compete with the business of the Company, so long as (1) the Executive provides the Audit Committee of the Board prior written notice of such activities that describes such activities in reasonable detail (provided, however, that such notice shall not be required for any investment by the Executive that would result in the Executive owning not more than five percent (5%) of the outstanding stock or voting power of a business entity listed on a national securities exchange); (2) such activities do not interfere, or could not reasonably be expected to interfere, with his duties and responsibilities to the Company as provided hereunder, (3) the Executive is not actively involved in the management of such business entity, except to the extent the Executive serves on such business entity's board of directors or similar governing body; (4) such activities do not violate any of the terms of this Agreement or any other agreement entered into with the Company (including, but not limited to, Sections 2.4 and 7 hereof), and (5) such activities would not be the types of activities required, in the sole discretion of the Audit Committee, to be disclosed under Item 404 of Regulation S-K promulgated by the Securities and Exchange Commission regardless of whether the Company is subject to such disclosure requirements. The Executive acknowledges that the Executive may be required to travel on business in connection with the Executive's performance of the Executive's duties hereunder, but that the Executive's base will be the location of the Company's headquarters in Columbia, Maryland or such other location as determined by the Board. (c) Termination. Section 5.2 is hereby deleted in its entirety and the following is substituted in lieu thereof: 5.2. Termination by the Company Other Than for Death, Disability, or Cause or by Executive for a Good Reason. In addition to the payment to the Executive of the Executive's Base Salary and reimbursement of any applicable expenses pursuant to Section 4.2 through the Date of Termination, if (a) the Employment Period is terminated prior to December 31, 2013, (i) by the Company for reasons other than death, Disability, or Cause, or (ii) by the Executive for a Good Reason, and (b) the Executive executes a general release in the form attached hereto as Exhibit C (the "Release") on or before the effective Date of Termination, and (c) the Executive has not breached the terms of the "Assignment Agreement" (as defined below); then the Company shall pay the Executive an amount equal to the Executive's Base Salary (at the rate in effect at the Date of Termination) as though the Executive continued to be employed by the Company until December 31, 2013. Such amount shall be payable in accordance with the Company's normal payroll practices as though the Executive continued to be employed by the Company until December 31, 2013. If the Executive elects and remains eligible for health coverage pursuant to Section 4980B of the Internal Revenue Code of 1986, as amended ("COBRA") (and subject to withholding pursuant to Section 3.4 above), then commencing within fifteen (15) business days following the date on which the Release becomes effective pursuant to its terms, the Company will, for a period commencing on the Date of Termination and continuing through December 31, 2013, pay a percentage of the premium for such COBRA health coverage equal to the percentage of the premium for health insurance coverage paid by the Company on the Date of Termination. Notwithstanding the foregoing, if the Employment Period is terminated for any reason after December 31, 2013, the Executive shall only be entitled to receive the Executive's Base Salary through the Date of Termination and the reimbursement of any applicable expenses pursuant to Section 4.2 through the Date of Termination, and the Executive shall have no right to any other compensation thereafter (other than pursuant to Section 5.3). The Executive shall not be enti

Duties from Employment Agreement

This Employment Agreement is made and entered into effective as of January 1, 2013 (the "Effective Date"), by and between Navidea Biopharmaceuticals, Inc., a Delaware Corporation with a place of business at 425 Metro Place North, Suite 450, Dublin, Ohio 43017-1367 (the "Company" or "Navidea") and [_____________] (the "Employee").

Duties. From and after the Effective Date, and based upon the terms and conditions set forth herein, the Company agrees to employ the Employee and the Employee agrees to be employed by the Company, as [______________] and in such equivalent, additional or higher executive level position or positions as shall be assigned to him by the Company's Board of Directors. While serving in such executive level position or positions, the Employee shall report to, be responsible to, and shall take direction from the Chief Executive Officer of the Company. During the Term of this Employment Agreement (as defined in Section 2 below), the Employee agrees to devote substantially all of his working time to the position he holds with the Company and to faithfully, industriously, and to the best of his ability, experience and talent, perform the duties that are assigned to him. The Employee shall observe and abide by the reasonable corporate policies and decisions of the Company in all business matters. The Employee represents and warrants to the Company that Exhibit A attached hereto sets forth a true and complete list of (a) all offices, directorships and other positions held by the Employee in corporations and firms other than the Company and its subsidiaries and (b) any investment or ownership interest in any corporation or firm other than the Company beneficially owned by the Employee (excluding investments in life insurance policies, bank deposits, publicly traded securities that are less than five percent (5%) of their class and real estate). The Employee will promptly notify the Board of Directors of the Company of any additional positions undertaken or investments made by the Employee during the Term of this Employment Agreement if they are of a type which if they had existed on the date hereof, should have been listed on Exhibit A hereto. As long as the Employee's other positions or investments in other firms do not create a conflict of interest, violate the Employee's obligations under Section 7 below or cause the Employee to neglect his duties hereunder, such activities and positions shall not be deemed to be a breach of this Employment Agreement.

Duties from Executive Employment Agreement

THIS EMPLOYMENT AGREEMENT (this Agreement) is made and entered into as of the [DAY] day of [MONTH], 2012, by and between David L. Patty, Jr. (the Executive) and Energy and Exploration Partners, LLC (the Company).

Duties. During the Term, Executive shall serve as Executive Vice President Land and Business Development of the Company, reporting to the President. In such position, Executive shall have such duties, authority and responsibility as shall be determined from time to time by the President, which duties, authority and responsibility are consistent with Executives position. The Executive shall, if requested, also serve as an officer or director of any affiliate of the Company for no additional compensation. During the Term, Executive shall devote substantially all of Executives business time and attention to the performance of Executives duties hereunder and will not engage in any other business, profession or occupation for compensation or otherwise which would conflict or interfere with the performance of such services either directly or indirectly without the prior written consent of the Board of Directors of Energy & Exploration Partners, Inc. (the Board). Notwithstanding the foregoing, Executive will be permitted to (a) with the prior written consent of the Board (which consent will not be unreasonably withheld or delayed) act or serve as a director, trustee, committee member or principal of any type of business, civic or charitable organization as long as such activities are disclosed in writing to the Audit Committee of the Board in accordance with the Code of Business Conduct and Ethics of Energy & Exploration Partners, Inc., and (b) purchase or own less than five percent (5%) of the publicly traded securities of any corporation; provided that, such ownership represents a passive investment and that the Executive is not a controlling person of, or a member of a group that controls, such corporation; provided further that, the activities described in clauses (a) and (b) do not interfere with the performance of the Executives duties and responsibilities to the Company as provided hereunder.