Common use of Duties and Powers Clause in Contracts

Duties and Powers. During the Term, the Executive will serve in the position described in Section 2 above and will have such responsibilities, duties and authorities (as further set forth in the attached position description) and will render such services of an executive and administrative character not inconsistent with those normally given to an executive of a public corporation, all in accordance with the terms and conditions of this Agreement and the business plan and capital budgets of the Company to be developed by the Executive and the Board and to be approved by the Board from time to time. Executive shall devote Executive's best efforts, energies and abilities, and skill and attention to the business and affairs of the Company and its affiliates. Executive shall perform the duties and carry out the responsibilities assigned to the Executive to the best of the Executive's ability, in a diligent, trustworthy, businesslike and efficient manner for the purpose of advancing the business of the Company and its affiliates and shall adhere to any and all of the employment policies of the Company that will be created. Executive agrees that during the Employment Period Executive will not engage in any other business activity or have any business pursuits or interests which interfere or conflict with the performance of Executive's duties hereunder, provided, that nothing in this Section 3 shall be deemed to prohibit Executive from: (i) serving as a director or officer or both of such not-for-profit corporations as he may desire, joining and participating in such committees for community or national affairs as he may select and joining and serving on business corporation boards of directors or as an officer or both and engaging in other activities; or (ii) investing in stock or any corporation listed on a national securities exchange or traded in the over-the-counter market, but only if Executive and its associates (as such term is defined in Regulation 14A promulgated under the Exchange Act), and the Executive's affiliates collectively do not own more than an aggregate of five percent of the stock of such corporation.

Duties and Powers. During the TermEmployment Period, the Executive will serve in the position capacity described in Section 2 above and will have such responsibilities, duties and authorities (as further set forth in the attached position description) and will render such services of an executive and administrative character not inconsistent reasonably consistent with those normally given to an executive of a public corporationhis title as shall be reasonably directed by the Board, all in accordance with the terms and conditions of this Agreement and the business plan strategic plans and operating and capital budgets of the Company to be as developed by the Executive and the Board and to be approved by the Board from time to timeBoard. The Executive shall devote the Executive's best efforts, energies and abilitiesabilities and the Executive's full business time, and skill and attention to the business and affairs of the Company and such of its affiliatesaffiliates as are specified by the Company. The Executive shall perform the duties and carry out the responsibilities assigned to the Executive to the best of the Executive's ability, in a diligent, trustworthy, businesslike and efficient manner for the purpose of advancing the business of the Company and its affiliates and shall adhere to any and all of the employment policies of the Company Company. The Executive acknowledges that the Executive's duties and responsibilities will be created. Executive require the Executive's full-time business efforts and agrees that during the Employment Period the Executive will not engage in any other business activity or have any business pursuits or interests which interfere or conflict with the performance of the Executive's duties hereunder, provided, that nothing in this Section 3 2 shall be deemed to prohibit the Executive from: (i) serving as a director or officer or both of such not-for-profit corporations as he may desire, joining and participating in such committees for community or national affairs as he may select and joining and serving on business corporation boards of directors or as an officer or both and engaging in other activities; or (ii) investing in stock or any corporation listed on a national securities exchange or traded in the over-the-counter market, but only if Executive and its associates from making Permitted Investments (as such term is defined in Regulation 14A promulgated under Section 6.b. below) or attending to such charitable and/or civic activities as are deemed appropriate by the Exchange Act), and Executive; provided that such activities shall not detract from the Executive's affiliates collectively do not own more than an aggregate duties and obligations under this Agreement. The Executive shall report to the Chief Executive Officer and the Board of five percent Directors of the stock of such corporationCompany.

Duties and Powers. During the Term, the Executive will agrees to serve in the position described referred to in Section 2 above and will have such responsibilities, duties and authorities (as further set forth in the attached position description) and will render such services of an executive and administrative character not inconsistent with those normally given to an executive of a public corporation, all in accordance with the terms and conditions of this Agreement and the business plan and capital budgets of the Company to be developed by the Executive and the Board 1.1 and to be approved by the Board from time to time. Executive shall devote Executive's best efforts, energies perform diligently and abilities, and skill and attention to the business and affairs of the Company and its affiliates. Executive shall perform the duties and carry out the responsibilities assigned to the Executive to the best of his abilities the Executive's abilityduties and services of such office or offices. For so long as Executive is employed by the Company, in a diligent, trustworthy, businesslike Executive agrees to devote his full and efficient manner for the purpose of advancing exclusive business time and attention to the business of the Company and its subsidiaries or affiliates (excluding reasonable vacations and sick leave in accordance with the Company's policies consistent with his position), to perform all duties in a professional and prudent manner, and to devote the best of his skill, energy, experience and judgment to such duties. Executive shall adhere have the powers associated with his position, subject to any all policies and all of guidelines as may be established by the employment policies of the Company that will be createdBoard. Executive agrees that during to devote his full business time to the Employment Period Executive will performance of services hereunder and not to engage in any other business activity or have own any business pursuits or interests which interfere or interest that would conflict with the interests of the Company or would interfere with his responsibilities to the Company and the performance of Executive's his duties hereunder, ; provided, however, that nothing in this Section 3 Agreement shall be deemed to not prohibit the Executive from: (ia) serving as a director member of the board of directors, board of trustees or officer the like of any for profit or both of such not-fornon-profit corporations as he may desireentity, joining and participating or performing services of any type for any civic or community entity, whether or not the Executive receives compensation therefor; (b) investing his assets in such committees for community form or national affairs manner as he may select and joining and serving will require no more than nominal services on the part of the Executive in the operation of the business corporation boards of directors or as an officer or both and engaging the entity in other activitieswhich such investment is made; or (iic) investing serving in stock or any corporation listed on a national securities exchange or traded in the over-the-counter market, but only if Executive and its associates (as such term is defined in Regulation 14A promulgated under the Exchange Act)various capacities with, and attending meetings of, industry, trade or governmental groups and associations, including without limitation the industry, trade or governmental groups and associations with which the Executive is currently involved, as long as the Executive's affiliates collectively do engaging in activities permitted by virtue of clauses (a), (b) and (c) above does not own more than an aggregate of five percent interfere with the ability of the stock Executive to perform the services and discharge the responsibilities required of such corporationhim under this Agreement or conflict with any of the provisions hereof.

Duties and Powers. During the Term, the Executive will serve in the position described in Section 2 above and will have such responsibilities, duties and authorities (as further set forth in the attached position description) and will render such services of an executive and administrative character not inconsistent with those normally given to an executive a Chairman and Chief Executive Officer of a public corporation, all in accordance with the terms and conditions of this Agreement and the business plan and capital budgets of the Company to be developed by the Executive and the Board and to be approved by the Board from time to timeBoard, on or before August 30,2003. Executive shall devote Executive's best efforts, energies and abilitiesabilities and Executive's to full business time, and skill and attention to the business and affairs of the Company and its affiliates. Executive shall perform the duties and carry out the responsibilities assigned to the Executive to the best of the Executive's ability, in a diligent, trustworthy, businesslike and efficient manner for the purpose of advancing the business of the Company and its affiliates and shall adhere to any and all of the employment policies of the Company that will be createdCompany. Executive acknowledges that Executive's duties and responsibilities will require Executive's full-time business efforts and agrees that during the Employment Period Executive will not engage in any other business activity or have any business pursuits or interests which interfere or conflict with the performance of Executive's duties hereunder, provided, that nothing in this Section 3 shall be deemed to prohibit Executive from: (i) serving as a director or officer or both of such not-for-profit corporations as he may desire, joining and participating in such committees for community or national affairs as he may select and joining and serving on business corporation boards of directors or as an officer or both and engaging in other activities; or (ii) investing in stock or of any corporation listed on a national securities exchange or traded in the over-the-counter market, but only if Executive and its associates (as such term is defined in Regulation 14A promulgated under the Exchange Act), and the Executive's affiliates collectively do not own more than an aggregate of five percent of the stock of such corporation.

Duties and Powers. During the Term, the Executive will serve in the position described in Section 2 above and will have such responsibilities, duties and authorities (as further set forth in the attached position description) authorities, and will render such services of an executive and administrative character not inconsistent with those normally given to an executive of a a subsidiary of a public corporation, all in accordance with the terms and conditions of this Agreement and the business plan and capital budgets of the Company BEC to be developed by the Executive and the Board of Directors of the Company (the “Board”) and to be approved by the Board and Executive from time to time. There shall not be a specific “time requirement” for performing the duties defined herein. Subject to the limitations set forth in this Agreement, Executive shall devote Executive's best efforts, energies and abilities, and skill and attention to the business and affairs of the Company and its affiliates. Executive shall perform the duties and carry out the responsibilities assigned to the Executive to the best of the Executive's ability, in a diligent, trustworthy, businesslike and efficient manner for the purpose of advancing the business of the Company and its affiliates and shall adhere to any and all of the employment policies of the Company that will be created. Executive agrees that during the Employment Period Executive will not engage in any other business activity or have any business pursuits or interests which interfere or conflict with the performance of Executive's duties hereunder, provided, that nothing in this Section 3 shall be deemed to prohibit Executive from: (i) serving as a director or officer or both of such not-for-profit corporations as he may desire, joining and participating in such committees for community or national affairs as he may select and joining and serving on business corporation boards of directors or as an officer or both and engaging in other activities; or (ii) investing in stock or any corporation listed on a national securities exchange or traded in the over-the-counter market, but only if Executive and its associates (as such term is defined in Regulation 14A promulgated under the Exchange Act), and the Executive's affiliates collectively do not own more than an aggregate of five (5%) percent of the stock of such corporation, or (iii) engaging in any of the activies described in Schedule A, including ownership interests in the companies referenced in Schedule A. In addition, Executive shall be entitied to attend all Board and Committee meetings, and will have access to all information provided to the Board.

Duties and Powers. During the TermEmployment Period (as defined below), the Executive Employee will serve in as Chief Executive Officer of the position described in Section 2 above Company and will have such responsibilities, duties and authorities (as further set forth in the attached position description) authorities, and will render such services of an executive and administrative character not inconsistent with those normally given to an or act in such other executive of a public corporation, all in accordance with the terms and conditions of this Agreement and the business plan and capital budgets of capacity for the Company to be developed by the Executive and the Board and to be approved by the Board its affiliates as shall from time to timetime be reasonably directed by the Company's board of directors (the "Board") or Chairman reasonably consistent with Employee's role as Chief Executive Officer of the Company. Executive Employee shall devote ExecutiveEmployee's best efforts, energies and abilitiesabilities and Employee's full business time, and skill and attention to the business and affairs of the Company and its affiliatesCompany. Executive Employee shall perform the duties and carry out the responsibilities assigned to the Executive Employee to the best of the ExecutiveEmployee's ability, in a diligent, trustworthy, businesslike and efficient manner for the purpose of advancing the business of the Company and its affiliates affiliates. Employee acknowledges that Employee's duties and shall adhere to any responsibilities will require Employee's full-time business efforts and all of the employment policies of the Company that will be created. Executive agrees that during the Employment Period Executive Employee will not engage in any other business activity or have any business pursuits or interests which interfere or conflict with the performance of ExecutiveEmployee's duties hereunder, provided, that nothing in this Section 3 SECTION 1.2 shall be deemed to prohibit Executive from: (i) serving as a director or officer or both of such not-for-profit corporations as he may desire, joining and participating in such committees for community or national affairs as he may select and joining and serving on business corporation boards of directors or as an officer or both and engaging in other activities; or (ii) investing in stock or any corporation listed on a national securities exchange or traded in the over-the-counter market, but only if Executive and its associates Employee from making Permitted Investments (as defined below). Without limiting the foregoing, it is understood that Employee may engage in civic and board activities so long as such term is defined in Regulation 14A promulgated under the Exchange Act), and the Executive's affiliates collectively activities do not own more than an aggregate interfere with his obligations hereunder in any material respect or conflict with the other provisions of five percent of this Agreement, including without limitation the stock of such corporationRestrictive Covenants.