Employment and Duties. From and after the Effective Date, the Company shall employ the Executive as Chief Executive Officer. In such capacity, the Executive shall perform all such duties as are assigned to him or her consistent with the Executive’s titled position by the [[Organization A:Organization]] of the Company (the “Board”), and shall use his or her reasonable best efforts to promote the interests of the Company. Nothing contained herein shall preclude the Executive from managing personal investments, participating in charitable, community, educational and professional activities, or, with the prior written consent of the Company (which shall not be unreasonably withheld), serving on the [[Organization A:Organization]] (or comparable governing body), including any board committees, of for-profit businesses that do not compete with the Company, provided that such activities do not materially interfere with the performance of his or her duties for the Company.

Performance of Duties. Executive shall devote Executive’s full business time, energy, loyalty, and ability exclusively [[Organization A:Organization]] the business, affairs, and interests of Company and its affiliates, and shall use Executive’s best efforts and abilities [[Organization A:Organization]] promote the interests of Company and its affiliates and [[Organization A:Organization]] perform the services contemplated by this Agreement and agrees that he will perform his duties faithfully and efficiently subject [[Organization A:Organization]] the directions of the Chief Executive Officer of Company (“CEO”) or such other executive designated by the CEO. Without the prior approval of the CEO or the executive [[Organization A:Organization]] whom Executive reports, Executive shall not, during the Term, directly or indirectly, render any other employment or consulting activities or services, including as a director, [[Organization A:Organization]] any other person, firm, corporation, or other entity; provided, however, that, [[Organization A:Organization]] the extent that the following activities do not conflict with or detract from the performance by Executive of Executive’s duties, Executive may act as a director of, and may also engage in activities involving, charitable, educational, religious, and similar types of organizations, and similar types of activities.

Position. As of the Effective Date, Executive shall continue to be employed by the Company to render services to the Company in the position of Chief Executive Officer. Executive shall perform such duties and responsibilities as are normally related to such position in accordance with the standards of the industry and any additional duties now or hereafter assigned to Executive by the Company. Executive shall also serve as the most senior executive officer of each of the Company’s subsidiaries, unless otherwise agreed by Executive and the Company. Executive shall report solely to the Company’s Board of Directors (the “Board”). Executive shall abide by the rules, regulations, and practices as adopted or modified from time to time in the Company’s sole discretion. As of the Effective Date, Executive shall continue to serve as a member of the Board. Each year during the Term, the Board shall nominate Executive for election to the Board at the Company’s annual meeting of stockholders.

Scope of Employment. During the Term of Employment, the Executive shall be responsible for the performance of those duties consistent with the Executive’s position as Chief Operating Officer. The Executive shall report [[Organization A:Organization]] the Chief Executive Officer of the Company and/or the Company’s board of directors (the “Board”) and shall perform and discharge faithfully, diligently, and [[Organization A:Organization]] the best of the Executive’s ability, the Executive’s duties and responsibilities hereunder. The Executive shall devote substantially all of the Executive’s business time, loyalty, attention and efforts [[Organization A:Organization]] the business and affairs of the Company and its affiliates. Membership on boards of directors of up [[Organization A:Organization]] two other companies or community, charitable or industry organizations will be permitted only with the express approval of the Chief Executive Officer, provided that such activities do not create a conflict of interest or otherwise interfere with the Executive’s performance of the Executive’s duties hereunder. Membership on boards of directors of any other companies or community, charitable or industry organizations will be permitted only with the express approval of the Board. The Executive agrees [[Organization A:Organization]] abide by the rules, regulations, instructions, personnel practices and policies of the Company and any changes therein that may be adopted from time [[Organization A:Organization]] time by the Company.

During the Employment Period, the Executive shall serve as [Title] of the Company and shall have the duties, responsibilities and authority consistent with such position that are designated by the Company’s Chief Executive Officer, subject [[Organization B:Organization]] direction and supervision of the Board.

Position and Duties. Subject to terms set forth herein, Executive shall be an employee of the Company as of the Effective Date, shall serve in an executive capacity and shall perform such duties as are customarily associated with the position of Chief Commercial Officer and such other duties as are assigned to Executive by the Company’s Chief Executive Officer. Commencing on the Effective Date and during the term of Executive’s employment with the Company, Executive will devote Executive’s best efforts and substantially all of Executive’s business time and attention (except for vacation periods and reasonable periods of illness or other incapacities permitted by the Company’s general employment policies or as otherwise set forth in this Agreement) to the business of the Company.

During the Employment Period, the Executive shall serve as ​ of the Company and shall have the duties, responsibilities and authority consistent with such position that are designated by the Company’s Chief Executive Officer, subject [[Organization B:Organization]] direction and supervision of the Board.

Duties. The Executive shall faithfully perform all duties of the Company related to the position or positions held by the Executive, including but not limited to all duties set forth in this Agreement and/or in the Bylaws of the Company related to the position or positions held by the Executive and all additional duties that are prescribed from time to time by the Chief Executive Officer of the Company. The Executive shall devote the Executive's full time and attention to the performance of the Executive's duties and responsibilities on behalf of the Company and in furtherance of its best interests; provided, however, that the Executive, subject to the Executive's obligations hereunder, shall also be permitted to make personal investments, perform reasonable volunteer services and, with the prior consent of the Company, serve on outside boards of directors for non-profit corporations. The Executive shall comply with all Company policies, standards, rules and regulations (the "Company Policies") and all applicable government laws, rules and regulations that are now or hereafter in effect. The Executive acknowledges receipt of copies of all written Company Policies that are in effect as of the date of this Agreement.

During the Employment Period, the Executive shall perform the duties and exercise the powers relating to the Company as the board of directors of [[Company:Organization]] Ultimate Holdings, Inc. (the “Board”) shall from time to time assign to him. The Board shall not assign to the Executive duties which are inconsistent with duties traditionally performed by a President and Chief Executive Officer without the Executive’s prior consent.