This Agreement is effective as of the Effective Date. The Company agrees to employ Executive in accordance herewith during the period starting on the Effective Date and ending on and inclusive of the date five (5) years thereafter, subject to any earlier termination of Executive’s employment hereunder pursuant to Section 7 . The period starting on the Effective Date and ending on and inclusive of the date five (5) years thereafter, regardless of any termination of Executive’s employment hereunder, is referred to herein as the “ Term ”. The period starting on the Effective Date and ending on and inclusive of the earlier of (a) the date five (5) years thereafter, and (b) the Termination Date (as defined in Section 8.1 ) is referred to herein as the “ Employment Period ”.