Common use of Capacity and Performance Clause in Contracts

Capacity and Performance. (a) During the term hereof, the Executive shall serve the Company as its Vice President and Chief Operating Officer. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director of one or more of the Company’s Affiliates if so elected from time to time.

Capacity and Performance. (a) During the term hereofof Executive’s employment hereunder, the Executive shall serve the Company as its Executive Vice President and Chief Operating Financial Officer. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, Company and shall serve as a director and/or officer of one or more of the Company’s Affiliates Subsidiaries if so elected or appointed from time to time.

Capacity and Performance. (a) During the term hereofof Executive’s employment hereunder, the Executive shall serve the Company as its Senior Vice President and Chief Operating Financial Officer. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director and/or officer of one or more of the Company’s Affiliates Subsidiaries if so elected or appointed from time to time.

Capacity and Performance. (a) During the term hereof, the Executive shall serve as the Company as its Vice President and Chief Operating Officerof the Company. In addition, and without further compensation, the Executive shall serve as a director and/or officer of the Company, if so elected by the stockholders of the Company, and shall serve as a director of Company and/or one or more of the Company’s Affiliates 's subsidiaries if so elected or appointed from time to time.

Capacity and Performance. (a) a. During the term hereof, the Executive shall serve the Company as its Executive Vice President and President, Product Management, reporting to the Chief Operating Officer. In addition, and without further compensation, the Executive shall serve as a director Officer of the Company, if so elected by Company (the stockholders of the Company, and shall serve as a director of one or more of the Company’s Affiliates if so elected from time to time“CEO”).

Capacity and Performance. (a) During the term hereof, the Executive shall serve as the Company as its Executive Vice President and Chief Operating OfficerFinancial Officer of the Company. In addition, and without further compensation, the Executive shall serve as a director and/or officer of the Company, if so elected by the stockholders of the Company, and shall serve as a director of Company and/or one or more of the Company’s Affiliates 's subsidiaries if so elected or appointed from time to time. The Company and the Executive acknowledge that the Executive currently is a director of the Company.

Capacity and Performance. (a) During the term hereofof Executive’s employment hereunder, the Executive shall serve the Company as its Senior Vice President and Chief Operating OfficerPresident, Corporate Development. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director and/or officer of one or more of the Company’s Affiliates Subsidiaries if so elected or appointed from time to time.

Capacity and Performance. (a) During the term hereof, the Executive shall serve the Company as its Executive Vice President and President, reporting to the Chief Operating Executive Officer. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director of one or more of the Company’s Affiliates if so elected from time to timehis/her successor.

Capacity and Performance. (a) During the term hereof, the Executive shall serve the Company as its Executive Vice President and Chief Operating OfficerPresident. In addition, and without further compensationcompensation additional to that provided for in this Agreement, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director of one or more of the Company’s Affiliates if so elected from time to time.

Capacity and Performance. (a) During the term hereofTerm, the Executive shall serve the Company as its Senior Vice President and Chief Operating Medical Officer, and shall report to the President and Chief Executive Officer (the “CEO”). In addition, and without further compensation, the Executive shall may be asked from time to time to serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director or officer of one or more of the Company’s Affiliates if so elected from time to timeAffiliates, without further compensation.

Capacity and Performance. (a) During the term hereof, the Executive shall serve the Company as its Executive Vice President and - Chief Operating Financial Officer. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director and/or officer of one or more of the Company’s 's Affiliates if so elected or appointed from time to time.

Capacity and Performance. (a) During the term hereofof Executive’s employment hereunder, the Executive shall serve the Company as its Senior Vice President and President, Human Resources, reporting to the Company’s Chief Operating Executive Officer. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director and/or officer of one or more of the Company’s Affiliates Subsidiaries if so elected or appointed from time to time.

Capacity and Performance. (a) During the term hereofof Executive’s employment hereunder, the Executive shall serve the Company as its Executive Vice President and Chief Operating OfficerGeneral Counsel. In addition, and without further compensation, the Executive shall may serve as a director of the Company, if so elected by the stockholders of the Company, Company and shall serve as a director and/or officer of one or more of the Company’s Affiliates subsidiaries, if so elected or appointed from time to time.

Capacity and Performance. (a) During the term hereofof Executive’s employment hereunder, the Executive shall serve the Company as its Executive Vice President and Chief Operating Financial Officer. In addition, and without further compensation, the Executive shall may serve as a director of the Company, if so elected by the stockholders of the Company, Company and shall serve as a director and/or officer of one or more of the Company’s Affiliates subsidiaries, if so elected or appointed from time to time.

Capacity and Performance. (a) During the term hereof, the Executive shall serve as the Executive Vice President – Chief Financial Officer of the Company, reporting to the Board of Directors of the Company as its Vice President (the “Board”) and to the Company’s Chief Operating OfficerExecutive Officer (the “CEO”). In addition, and without further compensation, the Executive shall shall, upon the request of the Company, serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director and/or officer of one or more of the Company’s Affiliates Affiliates, if so elected or appointed from time to time.

Capacity and Performance. (a) During the term hereof, the Executive shall serve the Company as its Vice President and Chief Operating Officer. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director of one or more of the Company’s 's Affiliates if so elected from time to time.

Capacity and Performance. (a) During the term hereofof Executive’s employment hereunder, the Executive shall serve the Company as its Executive Vice President and Chief Operating Development Officer. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director and/or officer of one or more of the Company’s Affiliates Subsidiaries if so elected or appointed from time to time.

Capacity and Performance. (a) During the term hereof, the Executive shall serve the Company as its General Counsel and as Senior Vice President and Chief Operating OfficerSecretary to the Board. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director and/or officer of one or more of the Company’s 's Affiliates if so elected or appointed from time to time.

Capacity and Performance. (a) During the term hereof, the Executive shall serve the Company as its Senior Vice President and Chief Operating OfficerPresident, Research. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director and/or officer of one or more of the Company’s 's Affiliates if so elected or appointed from time to time.

Capacity and Performance. (a) During the term hereof, the Executive shall serve the Company as its Vice President and Chief Operating OfficerPresident, Regulatory. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director and/or officer of one or more of the Company’s 's Affiliates if so elected or appointed from time to time.

Capacity and Performance. (a) During the term hereof, the Executive shall serve the Company as its Executive Vice President and Chief Operating Officer- Manufacturing & Supply Chain. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director and/or officer of one or more of the Company’s 's Affiliates if so elected or appointed from time to time.

Capacity and Performance. (a) a. During the term hereof, the Executive shall serve the Company as its Executive Vice President and Chief Operating Financial Officer. In addition, and without further compensationreporting to the Chief Executive Officer of the Company (the “CEO”); provided however, that beginning on January 1, 2006, the Executive shall will serve the Company as a director of its Managing Director and Chief Financial Officer, reporting to the Company, if so elected by the stockholders of the Company, and shall serve as a director of one or more of the Company’s Affiliates if so elected from time to timeCEO.

Capacity and Performance. (a) 3.1 During the term hereof, the Executive shall serve the Company as its Senior Vice President and Chief Operating Financial Officer. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and 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.

Capacity and Performance. (a) During the term hereofof Executive’s employment hereunder, the Executive shall serve the Company as its Executive Vice President and Chief Operating Financial Officer. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director and/or officer of one or more of the Company’s Affiliates Subsidiaries if so elected or appointed from time to time.

Capacity and Performance. (a) During the term hereofTerm, the Executive shall serve the Company as its Senior Vice President and Chief Operating Financial Officer, and shall report to the President and Chief Executive Officer (the “CEO”). In addition, and without further compensation, the Executive shall may be asked from time to time to serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director or officer of one or more of the Company’s Affiliates if so elected from time to timeAffiliates, without further compensation.

Capacity and Performance. (a) During the term hereofTerm, the Executive shall serve the Company as its Senior Vice President of Product Development, and shall report to the President and Chief Operating OfficerExecutive Officer (the “CEO”). In addition, and without further compensation, the Executive shall may be asked from time to time to serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director or officer of one or more of the Company’s Affiliates if so elected from time to timeAffiliates, without further compensation.

Capacity and Performance. (a) During the term hereof, the Executive shall serve the Company as its Senior Vice President and Chief Operating Information Officer. In addition, and without further compensationreporting to the Chief Executive Officer, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director of one or more of the Company’s Affiliates if so elected from time to timehis/her successor.

Capacity and Performance. (a) During the term hereofof Executive’s employment hereunder, the Executive shall serve the Company as its Senior Vice President President, Accounting and Chief Operating OfficerAdministration. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director and/or officer of one or more of the Company’s Affiliates Subsidiaries if so elected or appointed from time to time.

Capacity and Performance. (a) During the term hereofTerm, the Executive shall serve the Company as its Senior Vice President and Chief Operating Officer, and shall report to the President and Chief Executive Officer (the “CEO”). In addition, and without further compensation, the Executive shall may be asked from time to time to serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director or officer of one or more of the Company’s Affiliates if so elected from time to timeAffiliates, without further compensation.

Capacity and Performance. (a) During the term hereofof Executive’s employment hereunder, the Executive shall serve the Company as its Executive Vice President and President, Chief Operating Officer. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director and/or officer of one or more of the Company’s Affiliates Subsidiaries if so elected or appointed from time to time.

Capacity and Performance. (a) During the term hereofof Executive’s employment hereunder, the Executive shall serve the Company as its Executive Vice President and Chief Operating Officer. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director and/or officer of one or more of the Company’s Affiliates Subsidiaries if so elected or appointed from time to time.

Capacity and Performance. (a) During the term hereof, the Executive shall serve the Company as its Executive Vice President and Chief Operating Officerof Operations, subject to his appointment by the Board of Directors of the Company (the “Board”) as a condition precedent to the effectiveness of this Agreement, or in such other executive position as the Board may designate from time to time. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director and/or officer of one or more of the Company’s Affiliates subsidiaries (including the Principal Subsidiary) if so elected or appointed from time to time.

Capacity and Performance. (a) During the term hereof, the Executive shall serve the Company as its Chief Financial Officer and as Senior Vice President and Chief Operating OfficerTreasurer. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director and/or officer of one or more of the Company’s 's Affiliates if so elected or appointed from time to time.

Capacity and Performance. (a) During the term hereof, the Executive shall serve the Company as its Executive Vice President and Chief Operating Officerof International. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director an officer of one or more of the Company’s 's Affiliates if so elected or appointed from time to time.

Capacity and Performance. (a) During the term hereofof Executive’s employment hereunder, the Executive shall serve the Company as its Senior Vice President and President, Business Development, reporting directly to the Company’s Chief Operating Executive Officer. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director and/or officer of one or more of the Company’s Affiliates Subsidiaries if so elected or appointed from time to time.

Capacity and Performance. (a) During the term hereof, the Executive shall serve the Company as its Chief Financial Officer and Senior Vice President and Chief Operating Officer. In additionPresident, and without further compensation, reporting to the Executive shall serve as a director chief executive officer of the Company, if so elected by Company (the stockholders of the Company, and shall serve as a director of one or more of the Company’s Affiliates if so elected from time to time“CEO”).

Capacity and Performance. (a) During the term hereofTerm, the Executive shall serve the Company as its Senior Vice President of Commercial Operations, and shall report to the President and Chief Operating OfficerExecutive Officer (the “CEO”). In addition, and without further compensation, the Executive shall may be asked from time to time to serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director or officer of one or more of the Company’s Affiliates if so elected from time to timeAffiliates, without further compensation.

Capacity and Performance. (a) During the term Term hereof, the Executive shall serve the Company as its Sr. Vice President of Research and Pre-Clinical Development and shall report to the Chief Operating Executive Officer. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director and/or officer of one or more of the Company’s 's Affiliates if so elected or appointed from time to time.

Capacity and Performance. (a) During the term hereof, the Executive shall serve the Company as its Executive Vice President and Chief Operating Financial Officer, subject to his appointment by the Board of Directors of the Company (the “Board”) as a condition precedent to the effectiveness of this Agreement, or in such other executive position as the Board may designate from time to time. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director and/or officer of one or more of the Company’s Affiliates subsidiaries (including the Principal Subsidiary) if so elected or appointed from time to time.

Capacity and Performance. (a) 3.1 During the term hereof, the Executive shall serve the Company as its Vice President General Counsel and Chief Operating OfficerCorporate Secretary. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and 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.

Capacity and Performance. (a) During the term hereofTerm, the Executive shall serve the Company as its Senior Vice President of Technical Operations, and shall report to the President and Chief Operating OfficerExecutive Officer (the “CEO”). In addition, and without further compensation, the Executive shall may be asked from time to time to serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director or officer of one or more of the Company’s Affiliates if so elected from time to timeAffiliates, without further compensation.