Common use of Capacity and Performance Clause in Contracts

Capacity and Performance. (a) During the Term, the Executive shall be employed by Company on a full-time basis as its Chief Financial Officer. Executive shall perform such duties and responsibilities as directed by the Board of Directors of the Company (the “Board”), consistent with Executive’s position on behalf of Company.

Appears in 4 contracts

Samples: Employment Agreement (Roth CH Acquisition v Co.), Employment Agreement (Janover Inc.), Employment Agreement (60 Degrees Pharmaceuticals, Inc.)

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Capacity and Performance. (a) During the TermTerm hereof, the Executive shall be employed by the Company on a full-time basis as its Chief Financial Officer. Executive and shall perform such duties and responsibilities as directed by the Board of Directors on behalf of the Company (the “Board”), and its Affiliates as may be designated from time to time consistent with Executive’s position on behalf his/her position. In addition, and without further compensation, the Executive shall serve as a director and/or officer of one or more of the Company's Affiliates if so elected or appointed from time to time.

Appears in 4 contracts

Samples: Agreement (Agenus Inc), Agreement (Agenus Inc), Agreement (Antigenics Inc /De/)

Capacity and Performance. (a) a. During the TermTerm hereof, the Executive shall be employed by the Company on a full-time basis as its Chief Financial Officer. Executive and shall perform such duties and responsibilities as directed by the Board of Directors exclusively on behalf of the Company (as may be designated from time to time by the “Board”), consistent with Executive’s position on behalf President of the Company.

Appears in 4 contracts

Samples: Employment Agreement (Benthos Inc), Employment Agreement (Benthos Inc), Assignment of Inventions Agreement (Benthos Inc)

Capacity and Performance. (a) 3.1 During the Term, Executive shall serve the Company as its Chief Financial Officer and shall report directly to the Chief Executive Officer. During the Term, Executive shall be employed by the Company on a full-time basis as its Chief Financial Officer. Executive and shall perform such duties and responsibilities as directed by responsibilities, consistent and customary with the Board position of Directors Chief Financial Officer, on behalf of the Company (and its Affiliates as may reasonably be designated from time to time by the “Board”), consistent with Executive’s position on behalf of CompanyChief Executive Officer.

Appears in 3 contracts

Samples: Executive Employment Agreement (Paycom Software, Inc.), Executive Employment Agreement (Paycom Software, Inc.), Executive Employment Agreement (Paycom Software, Inc.)

Capacity and Performance. (a) During the Term, the Executive shall be employed by the Company on a full-time basis as its Chief Financial Officer. Executive and shall perform such the duties and responsibilities of his position and such other duties and responsibilities on behalf of the Company and its Affiliates as directed may be reasonably designated from time to time by the Board of Directors of the Company (the “Board”), consistent with ) or by its chairman or other designee. The Executive’s position on behalf office shall be located at the Company’s principal place of Companybusiness.

Appears in 3 contracts

Samples: Employment Agreement (Phio Pharmaceuticals Corp.), Employment Agreement (RXi Pharmaceuticals Corp), Employment Agreement (RXi Pharmaceuticals Corp)

Capacity and Performance. (a) During the Term, the Executive shall be employed by Company on a full-time basis as its Chief Financial Executive Officer. Executive shall perform such duties and responsibilities as directed by the Board of Directors of the Company (the “Board”), consistent with Executive’s position on behalf of Company.

Appears in 3 contracts

Samples: Employment Agreement (Roth CH Acquisition v Co.), Employment Agreement (Vocodia Holdings Corp), Employment Agreement (Vocodia Holdings Corp)

Capacity and Performance. (a) During the Term, the Executive shall be employed by Company on a full-time basis as its Chief Financial Technology Officer. Executive shall perform such duties and responsibilities as directed by the Board of Directors of the Company (the “Board”)) and the Chief Executive Officer, consistent with Executive’s position on behalf of Company.

Appears in 2 contracts

Samples: Employment Agreement (Vocodia Holdings Corp), Employment Agreement (Vocodia Holdings Corp)

Capacity and Performance. (a) 3.1. During the Term, Executive shall serve the Company as its Chief Operating Officer and shall report directly to the Board and CEO. During the Term, Executive shall be employed by the Company on a full-time basis as its Chief Financial Officer. Executive and shall perform such duties and responsibilities incident to the position of Chief Operating Officer, on behalf of the Company and its Affiliates, and as directed may reasonably be designated from time to time by the Board of Directors of the Company (the “Board”), consistent with Executive’s position on behalf of Companyand CEO.

Appears in 2 contracts

Samples: Executive Employment Agreement, Executive Employment Agreement (Goodman Networks Inc)

Capacity and Performance. (a) During the TermTerm hereof, the Executive shall be employed by the Company on a full-time basis as its Chief Financial Officer. Executive and shall perform such duties and responsibilities as directed by the Board of Directors on behalf of the Company (the “Board”), and its Affiliates as may be designated from time to time consistent with Executivehis position. In addition, and without further compensation, the Executive shall serve as a director and/or officer of one or more of the Company’s position on behalf of CompanyAffiliates if so elected or appointed from time to time.

Appears in 2 contracts

Samples: Executive Employment Agreement (Agenus Inc), Agreement (Antigenics Inc /De/)

Capacity and Performance. (a) During the Term, the Executive shall be employed by Company on a full-time basis as its Chief Financial OfficerExecutive Officer and Board Chairman. Executive shall perform such duties and responsibilities as directed by the Board of Directors of the Company (the “Board”), consistent with Executive’s position on behalf of Company.

Appears in 2 contracts

Samples: Employment Agreement (60 Degrees Pharmaceuticals, Inc.), Employment Agreement (60 Degrees Pharmaceuticals, Inc.)

Capacity and Performance. (a) During the Term, the Executive shall be employed by Company on a full-time basis as its Chief Financial Executive Officer. Executive shall perform such duties and responsibilities as directed by the Board of Directors of the Company (the “Board”), consistent with Executive’s position on behalf of Company.

Appears in 2 contracts

Samples: Employment Agreement (Forge Group, Inc.), Employment Agreement

Capacity and Performance. (a) 3.1. During the Term, Executive shall serve the Company as its Executive Chairman and Chief Executive Officer and shall report directly to the Board. During the Term, Executive shall be employed by the Company on a full-time basis as its Chief Financial Officer. Executive and shall perform such duties and responsibilities as directed by incident to the Board position of Directors Executive Chairman and Chief Executive Officer, on behalf of the Company (and its Affiliates, and as may reasonably be designated from time to time by the Board”), consistent with Executive’s position on behalf of Company.

Appears in 2 contracts

Samples: Executive Employment Agreement, Executive Employment Agreement (Goodman Networks Inc)

Capacity and Performance. (a) During a)During the TermTerm hereof, the Executive shall be employed by the Company on a full-time basis as its Chief Financial Officer. Executive and shall perform such duties and responsibilities as directed by the Board of Directors on behalf of the Company (the “Board”), and its Affiliates as may be designated from time to time consistent with Executiveher position. In addition, and without further compensation, the Executive shall serve as a director and/or officer of one or more of the Company’s position on behalf of CompanyAffiliates if so elected or appointed from time to time.

Appears in 1 contract

Samples: Executive Employment Agreement (Agenus Inc)

Capacity and Performance. (a) During the Term, the Executive shall be employed by the Company on a full-time basis as its Chief Financial Officerthe President. The Executive shall perform such duties and responsibilities as directed by the Board of Directors of the Company (the “Board”), consistent with Executive’s his position on behalf of the Company. The Company reserves the right to change the Executive’s title at its discretion, including, but not limited to, reporting to a chief executive officer of the Company.

Appears in 1 contract

Samples: Employment Agreement (Mikros Systems Corp)

Capacity and Performance. (a) During the TermTerm hereof, the Executive shall be employed by the Company on a full-time basis as its Chief Financial Officer. Executive and shall perform such duties and responsibilities as directed by the Board of Directors on behalf of the Company (the “Board”), and its Affiliates as may be designated from time to time consistent with Executivehis/her position. In addition, and without further compensation, the Executive shall serve as a director and/or officer of one or more of the Company’s position on behalf of CompanyAffiliates if so elected or appointed from time to time.

Appears in 1 contract

Samples: Agreement (Antigenics Inc /De/)

Capacity and Performance. (a) During the Term, the Executive shall be employed by Company on a full-time basis as its President and Chief Financial Executive Officer. Executive shall perform such duties and responsibilities as directed by the Board of Directors of the Company (the “Board”), consistent with Executive’s position on behalf of Company.

Appears in 1 contract

Samples: Employment Agreement (Worksport, LTD)

Capacity and Performance. (a) During the Term, the Executive shall be employed by the Company on a full-as Founder or in such comparable position as may be designated by the Company from time basis as its Chief Financial Officerto time. In addition, and without further compensation, the Executive shall perform such duties and responsibilities serve as directed by the Board a director and/or officer of Directors one or more of the Company (the “Board”), consistent with ExecutiveCompany’s position on behalf of CompanyAffiliates if so elected or appointed from time to time.

Appears in 1 contract

Samples: Employment and Non Competition Agreement (AutoTrader Group, Inc.)

Capacity and Performance. (a) During the Term, the Executive shall be employed by serve the Company on a full-time basis as its Chief Financial Executive Officer. In addition, and without further compensation, the Executive shall perform such duties and responsibilities serve as directed by a member of the Board of Directors of the Company (and/or director and/or officer of one or more of the “Board”)Company’s Affiliates, consistent with Executive’s position on behalf of Companyin each case if so elected or appointed from time to time.

Appears in 1 contract

Samples: Employment Agreement (Skyline Champion Corp)

Capacity and Performance. (a) During the Term, the Executive shall be employed by the Company on a full-time basis as its Chief Financial Officer. Executive and shall perform such the duties and responsibilities of her position and such other duties and responsibilities on behalf of the Company and its Affiliates as directed reasonably may be designated from time to time by the Board of Directors of the Company (the “Board”), consistent with Executive’s position on behalf of Company) or by its Chair or other designee.

Appears in 1 contract

Samples: Employment Agreement (Galena Biopharma, Inc.)

Capacity and Performance. (a) During the Term, the Executive shall be employed by Company on a full-time basis as its Chief Financial Executive Officer. Executive shall perform such duties and responsibilities as directed by the Board of Directors of the Company (the “Board”), consistent with Executive’s position on behalf of Company.

Appears in 1 contract

Samples: Employment Agreement (Society Pass Incorporated.)

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Capacity and Performance. (a) During the Term, the Executive shall be employed by the Company on a full-time basis as its Chief Financial Officer. Executive and shall perform such the duties and responsibilities of his position and such other directly related duties and responsibilities on behalf of the Company and its Affiliates as directed may be reasonably designated from time to time by the Board of Directors of the Company (the “Board”), ) or by its chairman or other designee. The Executive’s business office shall be located at the Company’s principal place of business; and the Executive shall be entitled to work remotely consistent with Executive’s position on behalf of CompanyCompany policy.

Appears in 1 contract

Samples: Employment Agreement (RXi Pharmaceuticals Corp)

Capacity and Performance. (a) During the Termterm hereof, the Executive shall be employed by the Company on a full-time basis and shall serve the Company as its Corporate Chief Financial Operations Officer. Executive shall perform such duties and responsibilities as directed by the Board of Directors of the Company (the “Board”), consistent with Executive’s position on behalf of Company.

Appears in 1 contract

Samples: Employment Agreement (InnovAge Holding Corp.)

Capacity and Performance. (a) During a)During the Termterm hereof, the Executive shall be employed by the Company on a full-time basis and shall serve the Company as its Chief Financial OfficerLegal Officer & Corporate Secretary. In such capacity, the Executive shall perform report to the Chief Executive Officer of the Company (the “Chief Executive Officer”), and the Executive shall have such duties as are consistent with the Executive’s position and responsibilities as directed may from time to time be assigned to the Executive by the Chief Executive Officer or the Board of Directors of the Company (the “Board”), consistent with Executive’s position on behalf of Company.

Appears in 1 contract

Samples: Employment Agreement (InnovAge Holding Corp.)

Capacity and Performance. (a) During the Term, the Executive shall be employed by Company on a full-time basis as its President and Chief Financial Executive Officer. Executive shall perform such duties and responsibilities as directed by the Board of Directors of the Company (the “Board”), consistent with Executive’s position on behalf of Company.

Appears in 1 contract

Samples: Employment Agreement (STRATA Skin Sciences, Inc.)

Capacity and Performance. (a) During the Termterm of Executive’s employment hereunder, the Executive shall be employed by serve the Company on a full-time basis as its Chief Financial Officer. In addition, and without further compensation, the Executive shall perform such duties and responsibilities may serve as directed by the Board of Directors a director of the Company (and as a director and/or officer of one or more of the “Board”)Company’s subsidiaries, consistent with Executive’s position on behalf of Companyif so elected or appointed from time to time.

Appears in 1 contract

Samples: Employment Agreement (Xerium Technologies Inc)

Capacity and Performance. (a) During the Term, the Executive shall be employed by Company on a full-time basis as its Chief Operating Officer and Chief Financial Officer. Executive shall perform such duties and responsibilities as directed by the Board of Directors of the Company (the “Board”)) and the Company’s Chief Executive Officer, consistent with Executive’s position on behalf of Company.

Appears in 1 contract

Samples: Employment Agreement (Society Pass Incorporated.)

Capacity and Performance. (a) During the Term, the Executive shall be employed by Company on a full-time full‑time basis as its Chief Financial Executive Officer. Executive shall perform such duties and responsibilities as directed by the Board of Directors of the Company (the “Board”), consistent with Executive’s position on behalf of Company. Executive shall faithfully adhere to, execute, and fulfill all lawful policies established by Company. The principal place of Executive's employment shall be the Company’s principal executive office which is located in Andover, Massachusetts; provided that, Executive may be required to travel on Company business during the Term.

Appears in 1 contract

Samples: Employment Agreement (Byrna Technologies Inc.)

Capacity and Performance. (a) During the Term, the Executive shall be employed by Company on a full-time basis as its Vice-Chairman, President and Chief Financial Executive Officer. Executive shall perform such duties and responsibilities as directed by the Board of Directors of the Company (the “Board”), consistent with Executive’s position on behalf of Company.

Appears in 1 contract

Samples: Employment Agreement (STRATA Skin Sciences, Inc.)

Capacity and Performance. (a) During the Term, the Executive shall be employed by the Company on a full-time basis as its Chief Financial Officer. Executive and shall direct the Company’s research and development programs and perform such other duties and responsibilities on behalf of the Company and its Affiliates related to her position as directed reasonably may be designated from time to time by the Board of Directors of the Company (the “Board”), consistent with Executive’s position on behalf of Company) or by its Chair or other designee.

Appears in 1 contract

Samples: Employment Agreement (Galena Biopharma, Inc.)

Capacity and Performance. (a) During the TermTerm hereof, the Executive shall be employed by the Company on a full-time basis as its Chief Financial Officer. Executive and shall perform such duties and responsibilities as directed by the Board of Directors on behalf of the Company (the “Board”), and its Affiliates as may be designated from time to time consistent with Executiveher position. In addition, and without further compensation, the Executive shall serve as a director and/or officer of one or more of the Company’s position on behalf of CompanyAffiliates if so elected or appointed from time to time.

Appears in 1 contract

Samples: Executive Employment Agreement (MiNK Therapeutics, Inc.)

Capacity and Performance. (a) During the Term, the Executive shall be employed by Company on a full-time basis as its Chief Financial Officer. Executive shall perform such duties and responsibilities as directed by the Board of Directors of the Company (the “Board”), Chief Executive Officer consistent with Executive’s position on behalf of Company.

Appears in 1 contract

Samples: Employment Agreement (Society Pass Incorporated.)

Capacity and Performance. (a) During the Term, the Executive shall be employed by the Company on a full-time basis as its Chief Financial Executive Officer. The Executive shall perform such duties and responsibilities undertaken by persons situated in a similar capacity at a similar company. The Executive shall also perform such other duties, as directed requested by the Board of Directors of the Company (the “Board”), consistent with the Executive’s position on behalf of the Company.

Appears in 1 contract

Samples: Employment Agreement (Avenir Wellness Solutions, Inc.)

Capacity and Performance. (a) During a)During the TermTerm hereof, the Executive shall be employed by the Company on a full-time basis as its Chief Financial Officer. Executive and shall perform such duties and responsibilities as directed by the Board of Directors on behalf of the Company (the “Board”), and its Affiliates as may be designated from time to time consistent with Executivehis/her position. In addition, and without further compensation, the Executive shall serve as a director and/or officer of one or more of the Company’s position on behalf of CompanyAffiliates if so elected or appointed from time to time.

Appears in 1 contract

Samples: Executive Employment Agreement (Agenus Inc)

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