Absence. A Manager may designate a Person to act as his or her substitute and in his or her place at any meeting of the Board of Managers. Such Person shall have all power of the absent Manager, and references herein to a “Manager” at a meeting shall be deemed to include his or her substitute. Notwithstanding anything in this Agreement to the contrary, Managers, in their capacities as such, shall not be deemed to be “members” (as such term is defined in the Act) of the Company.
Absence. Absence from work up to seven (7) weeks within a period of fifty-two (52) consecutive weeks, due to sickness, injury or temporary layoff, shall be considered as time worked for the purpose of determining eligibility for full vacation pay. In the event that an employee is absent from work in excess of seven (7) weeks, as set forth above, whatever vacation pay the employee is entitled to shall be prorated according to straight-time hours actually worked.
Absence is the period an employee is absent from work either with or without pay (except a paid vacation period), computed by subtracting the date following the last day worked from the date the employee returns to work. Each separate continuous period away from work shall be treated as a single absence from work.
Absence of Litigation. There is not pending or, to its knowledge, threatened against it or any of its Affiliates any action, suit or proceeding at law or in equity or before any court, tribunal, governmental body, agency or official or any arbitrator that is likely to affect the legality, validity or enforceability against it of this Agreement or any Credit Support Document to which it is a party or its ability to perform its obligations under this Agreement or such Credit Support Document.
Absence. If the Executive shall fail or be unable to perform his essential duties under this Agreement for any reason, including a physical or mental disability, with or without reasonable accommodation, for one hundred eighty (180) calendar days during any twelve (12) month period or for one hundred (120) consecutive calendar days, then the Company may, by notice to the Executive, terminate his employment under this Agreement as of the date of the notice. Any such termination shall be made only in accordance with applicable law.
Absence. If Employee shall, during the term of his employment under this Agreement, be absent from work because of illness or other cause for a period or aggregate of periods in excess of twelve (12) months in any two (2) years of the term of employment, the Company shall have the right to terminate this Agreement on ninety (90) days notice to Employee. In that event, the Company shall pay Employee his compensation to the date of termination, including any compensation accrued pursuant to this Agreement, and otherwise payable to the terms hereof at the time this Agreement is terminated.