Death or Disability Sample Clauses

Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representative.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If Either the Company determines or the Executive may terminate the Executives employment in good faith that the Disability event of the Executive has occurred Executives Disability during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives dutiesPeriod. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 ninety (90) consecutive business days or for a total of one hundred eighty (180) days in any twelve (12)-month period, in either case as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and reasonably acceptable to the Executive or the Executives legal representative.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment PeriodTerm. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period Term (pursuant to the definition of Disability set forth below), ) it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the Executives absence of the Executive from the Executives duties with the Company on a his full-time basis duties hereunder for 180 consecutive business a period of 90 days as a result of incapacity due to mental or physical illness which is determined disability as defined in the long-term disability plan provided to be total and permanent by a physician selected Executive by the Company or its insurers and acceptable to the Executive or the Executives legal representativeCompany.
Death or Disability. The Executives employment shall will terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below)Period, it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from means the Executives inability to perform his duties with the Company on a full-full time basis for 180 consecutive business days or a total of at least 240 days in any twelve month period as a result of the Executives incapacity due to physical or mental or physical illness which is (as determined to be total and permanent by a an independent physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativeBoard).
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that terminates the Disability Executives employment on account of the Executive has occurred during the Employment Period Executives Disability (pursuant subject to the definition requirements of Disability set forth below), it may give to applicable law) or if the Executive written notice dies while employed by the Company, the Company shall pay the Executive (or the Executives estate in the case of death) the Executives Base Salary (at the salary rate then in effect) for three (3) months following the Executives termination of employment, in accordance with Section 12(bthe Companys payroll schedule, commencing on the sixtieth (60th) of this Agreement of its intention to terminate day after the Executives employment. In such eventeffective date of termination, the Executives employment with the Company shall terminate effective first such installment payment including any unpaid severance payments that would have been made on the 30th day after receipt normal payroll dates occurring during the first sixty (60) days following the date of such notice by the Executive termination. Except as provided in subsection (the Disability Effective Date), provided that, within the 30 days after such receipta) above, the Executive shall not have returned be entitled to full-time performance of any other compensation for the Executives duties. For purposes of this Agreement, Disability shall mean calendar year during which the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental termination occurs or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativeany subsequent calendar period.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Executive incurs a Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it the Company may give to provide the Executive with written notice in accordance with Section 12(b12(g) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence inability of the Executive from to perform the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness illness, which is inability exists for 180 days during any rolling 12-month period, as determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representative.
Death or Disability. The Executives employment hereunder shall terminate automatically upon the Executives death during the Employment Perioddeath. If the Company determines in good faith that the Executive becomes subject to a Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it the Company may give to the Executive written notice in accordance with Section 12(bSections 3(e) of this Agreement and 9(h) of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence means (i) Executives inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, or (ii) Executive is, by reason of any medically determinable physical of mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, receiving income replacement benefits for a period of not less than three months under an accident or health plan covering employees of the Company. Whether Executive from the Executives duties with the Company on has incurred a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is Disability shall be determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativeinsurers.
Death or Disability. The Executives Executive's employment shall terminate automatically upon the Executives Executive's death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives Executive's employment. In such event, the Executives Executive's employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), ; provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives Executive's duties. For purposes of this Agreement, Disability "Disability" shall mean the absence of the Executive from the Executives Executive's duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which that is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives Executive's legal representative.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b12(c) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativerepresentative (such agreement as to acceptability not to be withheld unreasonably).
Death or Disability. The Executives employment shall terminate automatically upon the Executives death death. If Executive becomes subject to a Disability (as defined below) during the Employment Period. If , the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(bSections 3(g) of this Agreement and 9(g) of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence means Executives inability to perform his duties hereunder by reason of the Executive from the Executives duties with the Company on any medically determinable physical or mental impairment for a full-time basis for 180 consecutive business days as a result period of incapacity due to mental six (6) months or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativemore in any twelve (12) month period.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period, or any Additional Employment Period. If the Company determines in good faith that the a Disability (as defined below) of the Executive has occurred during the Employment Period (pursuant Period, or any Additional Employment Period, and subject to Executives rights, if any, under the definition of Disability set forth below)Family Medical Leave Act, it Americans with Disabilities Act or similar local, state or federal law, the Company may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided provided, that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of that the Executive from the Executives duties with the Company on is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a full-time basis for 180 consecutive business days as a result continuous period of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativenot less than 12 months.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death of the Executive during the Employment PeriodTerm; provided, however, his estate shall be entitled to receive the bonuses set forth in Sections 4(b) and 4(c) for a period of one year after his death. If the Company determines in good faith it is determined that the Disability of the Executive has occurred during the Employment Period Term (pursuant to the definition of Disability set forth below), it the Company may give to the Executive written notice in accordance with Section 12(b14(c) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time resumed performance of any of his duties. Prior to the Executives dutiesDisability Effective Date, the Executive shall continue to be treated as if fully and actively employed by the Company for purposes of this Agreement, and without respect to whether or not the Executive is or is not determined to be Disabled. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company Executive or its insurers spouse of the Executive and reasonably acceptable to the Executive or the Executives legal representativeCompany.
Death or Disability. The Executives Executive's employment shall terminate automatically upon the Executives Executive's death during the Employment Period. If Either the Company determines or the Executive may terminate the Executive's employment in good faith that the Disability event of the Executive has occurred Executive's Disability during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives dutiesPeriod. For purposes of this Agreement, Disability "Disability" shall mean the absence of the Executive from the Executives Executive's duties with the Company on a full-time basis for 180 ninety (90) consecutive business days or for a total of one hundred eighty (180) days in any twelve (12)-month period, in either case as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and reasonably acceptable to the Executive or the Executives Executive's legal representative.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b13(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes Disability means the inability of this AgreementExecutive, Disability shall mean as determined by the absence Board, to perform the essential functions of the Executive from the Executives his regular duties and responsibilities, with the Company on a full-time basis for 180 consecutive business days as a result of incapacity or without reasonable accommodation, due to a medically determinable physical or mental or physical illness which is determined has lasted (or can reasonably be expected to be total and permanent by last) for a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativecontinuous period of six (6) months during any continuous twelve (12) month period.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment PeriodTerm of Employment. If the Company determines in good faith that the Executive incurs a Disability of the Executive has occurred during the Term of Employment Period (pursuant to the definition of Disability set forth below), it the Company may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th thirtieth (30th) day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence inability of the Executive from the Executives to perform his material duties with the Company on a full-time basis for 180 one hundred eighty (180) consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to illness. Until such termination, the Executive or the Executives legal representativeshall continue to receive his full compensation and benefits.
Death or Disability. The Upon the Executives date of death or the date the Executive is given written notice that he has been determined to be disabled by the Employer. For purposes of this Agreement, the Executive shall be deemed to be disabled if the Executive, as a result of illness or incapacity, shall be unable to perform substantially his required duties for a period of one hundred eighty (180) consecutive days; provided, however, that if the Executive, after being unable to perform substantially his required duties for a period of less than one hundred eighty (180) consecutive days as a result of illness or incapacity returns to active duty for less than thirty (30) days, the period of such active duty will be disregarded in determining whether the 180 consecutive day threshold has been accumulated (although it will not be accumulated as part of the 180 day period). A termination of the Executives employment by the Employer for disability shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give be communicated to the Executive by written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company and shall terminate be effective on the 30th tenth (10th) business day after receipt of such notice by the Executive (the Disability Effective Date)Executive, provided that, within the 30 days after such receipt, unless the Executive shall not have returned returns to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives his duties with the Company on a full-time basis for 180 consecutive before such tenth (10th) business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativeday.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment PeriodTerm. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below)) of the Executive has occurred during the Term, it may give to the Executive written notice in accordance with Section 12(b) Article VII of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 thirty days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness illness, which is determined to be a disability pursuant to the Companys then existing long term disability plan or, in the absence of such a plan, a disability determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representative.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability (as defined below) of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below)Period, it may give to the Executive written notice in accordance with Section 12(b15(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean means the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativerepresentative (such agreement as to acceptability not to be withheld unreasonably).
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which that is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representative.
Death or Disability. The Executives Executive's employment shall terminate automatically upon if the Executives death Executive dies during the Employment Period. If the Company determines in good faith that the Disability (as defined below) of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth belowDisability), it may give to the Executive written notice in accordance with Section 12(b11(b) of this Agreement of its intention to terminate the Executives Executive's employment. In such event, the Executives Executive's employment with the Company and/or the Affiliated Entities shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives Executive's duties. For purposes of this Agreement, Disability shall mean "Disability" means the absence of the Executive from the Executives Executive's duties with the Company or the Affiliated Entities on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which that is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives Executive's legal representativerepresentative (such agreement as to acceptability not to be unreasonably withheld).
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred occurs during the Employment Period (pursuant to the definition of Disability set forth below), it the Company may give to the Executive written notice in accordance with Section 12(b12(c) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representative.
Death or Disability. The Executives Executive's employment with the Employer shall terminate automatically upon the Executives Executive's death during the Employment Period. If the Company Employer determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below)Period, it may give to the Executive written notice in accordance with Section 12(bSections 6(f) and 14(i) of this Agreement of its intention to terminate the Executives Executive's employment. In such event, the Executives Executive's employment with the Company Employer shall terminate effective on the 30th 45th day after receipt of such written notice by the Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives Executive's duties. For purposes of this Agreement, Disability "Disability" shall mean the absence inability of the Executive from the Executives to perform Executive's duties with the Company Employer on a full-time basis for 180 consecutive business days in any one-year period as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativeinjury.
Death or Disability. The Executives Executive's employment shall hereunder will automatically terminate automatically upon the Executives death during the Employment Periodon his death. If the Company determines in good faith that the Executive suffers a Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth as defined below), it may give the Company will have the right to the Executive written notice in accordance with Section 12(b) of terminate this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt giving of such notice by the thereof to Executive. On termination of Executive's employment hereunder on account of death or Disability, Executive (or his estate, if applicable) will be entitled to receive the Disability Effective Date), provided Accrued Benefits. "Disability" means a physical or mental condition that, within the 30 days after such receiptreasonable accommodation, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the has prevented Executive from performing satisfactorily his duties hereunder for a period of at least (i) one hundred twenty (120) consecutive days or (ii) one hundred eighty (180) non-consecutive days in any 365 day period. Any question as to the Executives duties with existence of Executive's Disability as to which Executive and the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is cannot agree shall be determined to be total and permanent in writing by a qualified independent physician selected by the Company or its insurers and mutually acceptable to the Executive or and the Executives legal representativeCompany. If Executive and the Company cannot agree as to a qualified independent physician, each shall appoint such a physician and those two physicians shall select a third who shall make such determination in writing.
Death or Disability. The Executives Executive's employment shall terminate automatically upon the Executives Executive's death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred occurs during the Employment Period (pursuant to the definition of Disability set forth below), it the Company may give to the Executive written notice in accordance with Section 12(b12(c) of this Agreement of its intention to terminate the Executives Executive's employment. In such event, the Executives Executive's employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives Executive's duties. For purposes of this Agreement, Disability "Disability" shall mean the absence of the Executive from the Executives Executive's duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives Executive's legal representative.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment PeriodTerm. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period Term (pursuant to the definition of Disability set forth below), it the Company may give to the Executive written notice in accordance with Section 12(b10(c) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance perform, with or without reasonable accommodation, the essential functions of the Executives dutieshis position. For purposes of this Agreement, Disability shall mean the absence Executives inability to engage in any substantial gainful activity by reason of the Executive from the Executives duties with the Company on any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a full-time basis for 180 consecutive business days as a result continuous period of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativenot less than 12 months.
Death or Disability. The Executives employment shall terminate automatically upon Upon the Executives death during the Employment Period. If the Company determines in good faith that the or Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below)Executive, it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on with no further obligation under this Agreement of either party, or their successors in interest; provided that the 30th day after receipt Company shall pay to the estate of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives dutiesany amounts due under this Agreement. For purposes of this Agreement, a Disability shall mean exist if Executive is unable to perform the absence essential functions of his position, with reasonable accommodation, due to an illness or physical or mental impairment or other incapacity which continues for a period in excess of 90 days, whether consecutive or not, in any period of 365 consecutive days. The determination of a Disability will be made by the Company after obtaining an opinion from a doctor of the Companys choosing. Executive from agrees to provide such information and participate in such examinations as may be reasonably required by said doctor in order to form his or her opinion. If requested by the Executives duties with the Company on Company, Executive shall submit to a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined examination to be total and permanent performed by a an independent physician selected by the Company or its insurers and acceptable to assist the Executive or the Executives legal representativeCompany in making such determination.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment). In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives dutiesterminate. For purposes of this Agreement, Disability shall mean means the absence of the Executive from the Executives duties with the Company on a full-time basis for either (i) 180 consecutive business calendar days as a result or (ii) 180 total days during any period of incapacity 365 consecutive calendar days, in each case, due to mental a disability or physical illness other incapacity that renders the Executive physically or mentally unable to perform substantially all of the Executives duties and responsibilities hereunder, which disability or other incapacity is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representative.
Death or Disability. The Executives employment shall terminate automatically Immediately upon the Executives death during the Employment Period. If the Company determines in good faith that the or Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice Executive. As used in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean an inability to perform the absence essential functions of the Executive from the Executives duties his duties, with the Company on or without reasonable accommodation, for a full-time basis for period of 90 consecutive days or a total of 180 consecutive business days days, during any 365-day period, in either case as a result of incapacity due to mental or physical illness which is determined to be total and permanent permanent. A determination of Disability shall be made by a physician selected satisfactory to both the Executive (or his guardian) and the Company, provided that if the Executive and the Company do not agree on a physician, the Executive (or his guardian) and the Company shall each select a physician and these two together shall select a third physician, whose determination as to Disability shall be binding on all parties. The appointment of one or more individuals to carry out the offices or duties of the Executive during a period of the Executives inability to perform such duties and pending a determination of Disability shall not be considered a breach of this Agreement by the Company or its insurers and acceptable to the Executive or the Executives legal representativeCompany.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of that the Executive from the Executives is unable, by reason of physical or mental incapacity, to perform his duties with to the Company on a full-time basis for 180 a period longer than three (3) consecutive business days as months or more than six (6) months in any consecutive twelve (12)-month period. The existence of a result Disability shall be determined by the Board of incapacity Directors of the Company, based upon due to mental consideration of the opinion of the Executives personal physician or physical illness which is determined to be total physicians and permanent of the opinion of any physician or physicians selected by a the Board of Directors for these purposes. If the Executives personal physician disagrees with the physician retained by the Company, the Board of Directors will retain an impartial physician selected by the Executives personal physician and the Companys physician and the opinion of the impartial physician shall be binding upon the Company and the Executive. The Executive shall submit to examination by any physician or its insurers physicians so selected by the Board of Directors, and acceptable shall otherwise cooperate with the Board of Directors in making the determination contemplated hereunder, such cooperation to include, without limitation, consenting to the Executive or release of information by any such physician(s) to the Executives legal representativeBoard of Directors.
Death or Disability. The Executives Executive's employment shall will terminate automatically immediately upon the Executives death during the Employment PeriodExecutive's death. If the Company determines in good faith that Executive becomes physically or mentally disabled so as to become unable for a period of more than three consecutive months to perform the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective Executive's duties hereunder on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to a substantially full-time performance basis, the Executive's employment will terminate as of the Executives duties. For purposes end of such three-month and this shall be considered a "disability" under this Agreement, Disability shall mean the absence of the . The Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due agrees to mental or physical illness which is determined submit to be total and permanent reasonable examination by a licensed physician selected by the Company to confirm existence or its insurers and acceptable to extent of any disability. Such termination shall not affect the Executive or Executive's benefits under the Executives legal representativeCompany's disability insurance program, if any, then in effect.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of that the Executive from the is unable, by reason of physical or mental incapacity, to perform Executives duties with to the Company on a full-time basis for 180 a period longer than 3 consecutive business days as months or more than 6 months in any consecutive 12-month period. The existence of a result Disability shall be determined by the Board of incapacity Directors of the Company, based upon due to mental consideration of the opinion of the Executives personal physician or physical illness which is determined to be total physicians and permanent of the opinion of any physician or physicians selected by a the Board of Directors for these purposes. If the Executives personal physician disagrees with the physician retained by the Company, the Board of Directors will retain an impartial physician selected by the Executives personal physician and the Companys physician and the opinion of the impartial physician shall be binding upon the Company and the Executive. The Executive shall submit to examination by any physician or its insurers physicians so selected by the Board of Directors, and acceptable shall otherwise cooperate with the Board of Directors in making the determination contemplated hereunder, such cooperation to include, without limitation, consenting to the Executive or release of information by any such physician(s) to the Executives legal representativeBoard of Directors.
Death or Disability. The Executives Executive's employment shall terminate automatically upon the Executives Executive's death during the Employment Period. If the Company Employer determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives Executive's employment. In such event, the Executives Executive's employment with the Company Employer shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives Executive's duties. For purposes of this Agreement, Disability "Disability" shall mean the absence of the Executive from the Executives Executive's duties with the Company Employer on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company Employer or its insurers and acceptable to the Executive or the Executives Executive's legal representative.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b15(c) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 120 consecutive business days as calendar days, and the Executive (i) is unable to engage in any substantial gainful activity on behalf of the Company by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than 12 months or (ii) is, by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of incapacity due to mental or physical illness which is determined not less than 12 months, receiving income replacement benefits for a period of not less than 3 months under an accident and health plan covering employees of the Company. All determinations to be total made with respect to clauses (i) and permanent (ii) above shall be made by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativerepresentative (such agreement as to acceptability not to be withheld unreasonably).
Death or Disability. The Executives employment shall will terminate automatically upon the Executives death during death. The Executives employment will terminate due to the Employment Period. If Executives Disability (as defined in Appendix A) immediately after 30 days written notice to the Company determines in good faith that the Disability of Executive if the Executive has occurred during the Employment Period (pursuant not returned to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of duties during this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativeperiod.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b16(c) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 120 consecutive business calendar days as a result by reason of incapacity due any medically determinable physical or mental impairment or the Executive is totally disabled within the meaning of the Companys long-term disability plan applicable to mental or physical illness which is determined the Executive. All determinations to be total made with respect to clauses (i) and permanent (ii) above shall be made by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativerepresentative (such agreement as to acceptability not to be withheld unreasonably).
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representative.
Death or Disability. The Executives Executive's employment shall terminate automatically upon the Executives Executive's death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b15(b) of this Agreement of its intention to terminate the Executives Executive's employment. In such event, the Executives Executive's employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives Executive's duties. For purposes of this Agreement, Disability "Disability" shall mean the absence of the Executive from the Executives Executive's duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives Executive's legal representativerepresentative (such agreement as to acceptability not to be withheld unreasonably).
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred occurs during the Employment Period (pursuant to the definition of Disability set forth below), it the Company may give to the Executive written notice in accordance with Section 12(b13(c) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representative.
Death or Disability. The Executives employment shall terminate automatically upon In the event of the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on automatically. The Company, in its discretion, shall have the 30th day after receipt of such notice by right to terminate the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance Executives employment because of the Executives dutiesDisability during the Employment Period. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days, or for periods aggregating 180 business days in any period of twelve months, as a result of incapacity due to mental or physical illness or injury which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable insurers. A termination of the Executives employment by the Company for Disability shall be communicated to the Executive or by written notice, and shall be effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), unless the Executive returns to full-time performance of the Executives legal representativeduties before the Disability Effective Date.
Death or Disability. The This Agreement and Executives employment shall terminate automatically be terminated immediately upon Executives death. In the event of Executives death during the Employment Period. If Disability, this Agreement and Executives employment shall be terminated thirty (30) days after the Company determines in good faith that the Disability of the gives written notice to Executive, unless Executive has occurred during the Employment Period (pursuant returned to the definition substantial performance of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective his duties on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to a full-time performance of the Executives dutiesbasis. For purposes of this Agreement, Disability shall mean the absence means that as a result of the physical or mental incapacity Executive from the Executives is unable for a period of 120 consecutive days during any consecutive 180-day period to perform his duties with the Company hereunder on a full-time basis for 180 consecutive business days as a result basis. Upon termination by reason of incapacity due Death or Disability, Executive shall be entitled only to mental accrued but unpaid salary through the date of termination, together with any other benefit or physical illness which is determined to be total and permanent by a physician selected by payment provided under the Company Companys plans, policies or its insurers and acceptable to the Executive or the Executives legal representativeprograms in accordance with their terms (collectively, Accrued Obligations).
Death or Disability. The Executives employment shall terminate automatically upon the Executives death or Disability during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 ninety (90) consecutive business days or for a total of one hundred eighty (180) days in any twelve (12) month period, in either case as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and reasonably acceptable to the Executive or the Executives legal representative.
Death or Disability. The Executives Executive's employment shall terminate automatically upon the Executives Executive's death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b10(b) of this Agreement of its intention to terminate the Executives Executive's employment. In such event, the Executives Executive's employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives Executive's duties. For purposes of this Agreement, Disability "Disability" shall mean the absence Executive is: (1) unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months; or (2) by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months, receiving income replacement benefits for a period of not less than three (3) months under an accident and health plan covering employees of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativeCompany.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b17(c) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean (x) the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 120 consecutive business days as calendar days, (y) the Executive (i) is unable to engage in any substantial gainful activity on behalf of the Company by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than 12 months or (ii) is, by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of incapacity due to mental or physical illness which not less than 12 months, and (z) the Executive is determined receiving income replacement benefits for a period of not less than 3 months under an accident and health plan covering employees of the Company. All determinations to be total made with respect to clauses (i) and permanent (ii) above shall be made by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativerepresentative (such agreement as to acceptability not to be withheld unreasonably).
Death or Disability. If the Executive's employment is terminated by reason of death or by reason of the Executive's Disability, the Executive, or, in the event of his death, his estate, shall be entitled to a prompt cash payment of a prorated Annual Bonus for the year in which such termination occurs, based on the target Annual Bonus for such year. The Executives Executive or the Company shall be entitled to terminate the Executive's employment shall terminate automatically upon because of the Executives death Executive's Disability during the Employment PeriodAgreement Term. If the Company determines in good faith "Disability" means that the Disability Executive is disabled within the meaning of the Company's long-term disability policy or, if there is no such policy in effect, that (i) the Executive has occurred during been substantially unable, for 120 business days within a period of 180 consecutive business days, to perform the Employment Period Executive's duties under this Agreement, as a result of physical or mental illness or injury, and (pursuant to ii) a physician selected by the definition of Disability set forth below)Company or its insurers, it may give and reasonably acceptable to the Executive written notice in accordance with Section 12(b) or the Executive's legal representative, has determined that the Executive is disabled. A termination of this Agreement of its intention to terminate the Executives employment. In such event, the Executives Executive's employment with by the Company for Disability shall terminate be communicated to the Executive by written notice, and shall be effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective DateTime"), provided that, within the 30 days after such receipt, unless the Executive shall not have returned returns to full-time performance of the Executives duties. For purposes of this Agreement, Executive's duties before the Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativeEffective Time.
Death or Disability. The Executives employment hereunder shall terminate automatically upon as of the Executives death during the Employment Period. If date of his death, and the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant may at any time at its option, exercised by notice to the definition Executive, terminate his employment for disability (as hereinafter defined). In the event of Disability set forth below)termination for death or disability, it may give the Company, subject to the provisions of Section 4.1, shall have no further obligations or liabilities to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives dutieshereunder. For purposes of this Agreement, Disability shall mean the absence term disability means any physical or mental illness, disability or incapacity which, in the good faith determination of the Board, prevents the Executive from performing the Executives duties with the Company on essential functions of his position hereunder for a full-time basis period of not less than ninety consecutive days (or for 180 shorter periods totaling not less than one hundred and twenty days) during any period of twelve consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativemonths.
Death or Disability. The Executives employment Period of Agreement shall terminate automatically upon the Executives death during the Employment Perioddeath. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Period of Agreement and the Executives employment with the Company shall terminate effective on the 30th thirtieth (30th) day after receipt by the Executive of such notice by given at any time after the Executive date of the Executives Disability, while such Disability is continuing (the Disability Effective Date), ; provided that, within the 30 thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean means the absence completion of a period of the Executive from the Executives duties with the Company on a full-time basis physical or mental incapacity which continues for 180 not less than six (6) consecutive business days months or six (6) months in any twelve (12)-month period, as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable doctor mutually agreeable to the Executive or and the Executives legal representativeBoard. Until the Disability Effective Date, the Executive shall be entitled to all compensation provided for under this Agreement. It is understood that nothing in this Section 8(a) shall serve to limit the Companys obligations under Section 9(c) hereof.
Death or Disability. The Executives employment shall terminate automatically upon Upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability or disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receiptExecutive, the Executive shall not have returned be entitled to full-time performance and the Company will pay the Executive's salary from the date of death or from the date of disability through the end of the Executives dutiesTerm. (For purposes of this AgreementSection, Disability "disability" shall mean that for a period of six months in any 12-month period the absence Executive is incapable of substantially fulfilling her duties because of physical, mental or emotional incapacity arising from injury, sickness or disease.) Should the Executive be rendered disabled, the Company will continue to maintain for the benefit of the Executive from the Executives duties with employee benefit programs referred to in Section 3(b) that were in effect on the Company on a full-time basis for 180 consecutive business days as a result date of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativedisability.
Death or Disability. The Executives Corporation may terminate Employees employment without notice in the event of Employees death or Disability which shall terminate automatically upon mean Employees physical or mental inability to perform the Executives death during essential functions of his duties with or without reasonable accommodation for a period of 180 consecutive days or 180 days in total within a 365-day period as determined by the Employment Period. If the Company determines Corporation in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice its reasonable discretion and in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativeapplicable law.
Death or Disability. The Executives Executive's employment shall terminate automatically upon the Executives Executive's death during the Employment Period. If Either the Company determines or the Executive may terminate the Executive's employment in good faith that the Disability event of the Executive has occurred Executive's Disability during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives dutiesPeriod. For purposes of this Agreement, "Disability" shall mean that the Executive has become entitled to receive benefits under an applicable Company long-term disability plan or, if no such plan covers the Executive, Disability shall mean the absence of the Executive from the Executives Executive's duties with the Company on a full-time basis for 180 ninety (90) consecutive business days or for a total of one hundred eighty (180) days in any twelve (12)-month period, in either case as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and reasonably acceptable to the Executive or the Executives Executive's legal representative.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b13(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean means the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativerepresentative (such agreement as to acceptability not to be withheld unreasonably).
Death or Disability. The Executives employment This Agreement and the Period of Employment shall terminate automatically upon the Executives death during the Employment PeriodExecutive's death. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period a Disability (pursuant to the definition of Disability "Disability" set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives Executive's employment. Such notice shall be deemed the Notice of Termination as defined in Section 10(f) of this Agreement. In such event, the Executives Executive's employment with the Company shall terminate effective on the 30th thirtieth day after receipt of such notice by the Executive (of such Notice of Termination given at any time after the Disability Effective Date), Company has determined the Executive has a Disability; provided that, within the 30 thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executives Executive's duties. For purposes of this Agreement, Disability shall mean the absence of "Disability" means the Executive from the Executives duties with is receiving benefits under a disability plan sponsored by the Company on for a full-time basis period of not less than three (3) months by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for 180 consecutive business days as a result continuous period of incapacity due not less than twelve (12) months, and which has rendered the Executive incapable of substantially performing his duties to mental or physical illness which is determined the Company. Such impairment shall be evidenced by a certificate signed either by a physician mutually acceptable to be total the Company and permanent the Executive or, if the Company and the Executive cannot agree upon a physician, by a physician selected by agreement of a physician designated by the Company or its insurers and acceptable to a physician designated by the Executive or Executive; provided, however, that if such physicians cannot agree upon a third physician within thirty (30) days, such third physician shall be designated by the Executives legal representativeAmerican Arbitration Association.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability (as defined below) of the Executive has occurred during the Employment Period (pursuant to Period, the definition of Disability set forth below), it Company may give to provide the Executive written notice in accordance with Section 12(ba Notice of Termination (as defined below) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th thirtieth (30th) calendar day after receipt of such notice by the Executive (the Disability Effective Date), provided that, that within the 30 thirty (30) calendar days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 120 consecutive calendar days or 180 consecutive business calendar days within any twelve (12)-month period as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativeillness.
Death or Disability. The Executives Executive's employment pursuant to this Agreement shall terminate automatically upon the Executives death during Executive's death. The Company may terminate the Employment Period. If the Company determines in good faith that the Executive's employment for Disability of by giving the Executive has occurred during the Employment Period (pursuant to the definition notice of Disability set forth below), it may give to the Executive written notice its intention in accordance with Section 12(b5(e) unless Executive returns to the performance of this Agreement the essential functions of its intention to terminate the Executives employment. In such event, the Executives his employment with the Company shall terminate effective on the 30th day within 30 days after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives dutiesnotice. For purposes of this Agreement, Disability shall mean the absence of "Disability" means any physical or mental condition that renders the Executive from unable to perform the Executives duties with the Company on essential functions of his employment for 90 consecutive days or for a full-time basis for total of 180 days in any 360 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativedays.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death or Disability during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 90 consecutive days or for a total of 180 consecutive business days in any 12-month period, in either case as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representative.
Death or Disability. The Executives Executive's employment shall terminate automatically upon the Executives Executive's death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives Executive's employment. In such event, the Executives Executive's employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives Executive's duties. For purposes of this Agreement, Disability "Disability" shall mean the absence of the Executive from the Executives Executive's duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives Executive's legal representativerepresentative (such agreement as to acceptability not to be unreasonably withheld, delayed or conditioned).
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b10(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence Executive is: (1) unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12 )months; or (2) by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12)months, receiving income replacement benefits for a period of not less than three (3) months under an accident and health plan covering employees of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativeCompany.
Death or Disability. The Executives employment under this Agreement shall terminate automatically upon the Executives death during the Employment Perioddeath. If the Company Board determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate Executives employment by the Executives employmentCompany. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the that Executive shall not have returned to full-time performance of his duties before the Executives dutiesDisability Effective Date. For purposes of this Agreement, Disability shall mean the absence means disability or incapacity that prevents Executives substantial and continuous performance of the Executive from the Executives duties essential functions of his position, with the Company on or without reasonable accommodation, for a full-time basis period of more than 12 weeks after its commencement or for 180 consecutive business days an aggregate of 16 weeks in any 12-month period as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativeBoard upon competent medical advice.
Death or Disability. The Executives Employees employment shall will terminate automatically immediately upon the Executives death during the Employment PeriodEmployees death. If the Company determines in good faith that Employee becomes physically or mentally disabled so as to become unable for a period of more than five consecutive months or for shorter periods aggregating at least five months during any twelve-month period to perform the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective Employees duties hereunder on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to a substantially full-time performance basis, the Employees employment will terminate as of the Executives duties. For purposes end of such five-month or twelve-month period and this shall be considered a disability under this Agreement. Such termination shall not affect the Employees benefits under the Companys disability insurance program, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativeif any, then in effect.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b13(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company and its affiliated companies shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company or its affiliated companies on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representative.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death or Disability during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 ninety (90) consecutive business days or on a total of one hundred eighty (180) days in any twelve (12) month period, in either case as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and reasonably acceptable to the Executive or the Executives legal representative.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If Either the Company determines or the Executive may terminate the Executives employment in good faith that the Disability event of the Executive has occurred Executives Disability during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives dutiesPeriod. For purposes of this Agreement, Disability shall mean a disability as determined under the absence of Companys applicable long-term disability plan that prevents the Executive from performing the Executives duties under this Agreement (even with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected reasonable accommodation by the Company Company) for a period of six (6) months or its insurers and acceptable to more or, if no such plan applies, as determined in the Executive or reasonable discretion of the Executives legal representativeCompany.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b10(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence Executive is, by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, receiving income replacement benefits for a period of not less than 3 months under an accident and health plan covering employees of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativeCompany.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the any Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement 10.2, of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th thirtieth (30th) day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, the term Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 one hundred twenty (120) consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent certified by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representative.
Death or Disability. The Executives employment shall terminate (without severance) automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during Executive. The Company shall have the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention right to terminate the Executives employment. In such event, employment without payment of severance on thirty (30) days written notice in the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance event of the Executives dutiesDisability. For purposes of this Agreement, Disability shall mean the absence of (i) if the Executive from is subject to a legal decree of incompetency (the Executives duties with date of such decree being deemed the Company date on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent such disability occurred), (ii) the written determination by a physician selected by the Company that, because of a medically determinable disease, injury or its insurers and acceptable to other physical or mental disability, the Executive is unable substantially to perform all of the services required of his position with the Company, and that such disability has lasted for the immediately preceding ninety (90) days and is, as of the date of determination, reasonably expected to last an additional ninety (90) days or longer after the date of determination, in each case based upon medically available reliable information, or (iii) Executives qualifying for benefits under the Companys long-term disability coverage, if any. The Companys right to terminate the Executives legal representativeemployment without payment of severance under this Paragraph shall not limit or reduce in anyway the Executives right to receive benefits under any disability insurance or plan maintained by the Company for the benefit of the Executive.
Death or Disability. The Executives Employees employment shall terminate automatically upon the Executives Employees death during the Employment PeriodTerm. If the Company determines in good faith that the Disability of the Executive Employee has occurred during the Employment Period Term (pursuant to the definition of Disability set forth below), it may give to the Executive Employee written notice in accordance with Section 12(b) 12 of this Agreement of its intention to terminate the Executives Employees employment. In such event, the Executives Employees employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date)Employee, provided that, within the 30 days after such receipt, the Executive Employee shall not have returned to full-time performance of the Executives Employees duties. For purposes of this Agreement, Disability shall mean the absence Employee is by reason of a medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, receiving income replacement benefits for a period of not less than 3 months under an accident and health plan covering employees of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativeCompany.
Death or Disability. The Executives Executive's employment shall terminate automatically upon the Executives Executive's death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b13(d) of this Agreement of its intention to terminate the Executives Executive's employment. In such event, the Executives Executive's employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives Executive's duties. For the purposes of this Agreement, Disability "Disability" shall mean the absence of the Executive from the Executives Executive's duties with the Company on a full-time basis for either (i) 180 consecutive business days or (ii) in any two-year period 270 nonconsecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives Executive's legal representativerepresentative (such agreement as to acceptability not to be withheld unreasonably). In the event the Executive incurs a separation from service within the meaning of Treasury Regulation SS 1.409A-1(h) as a result of his incapacity, then the Disability Effective Date shall be deemed to be the date of the Executive's separation from service.
Death or Disability. The Executives Associates employment shall terminate automatically upon the Executives Associates death during the Employment Post-CIC Period. If the Company determines in good faith that the Disability of the Executive Associate has occurred during the Employment Post-CIC Period (pursuant to the definition of Disability set forth below), it may give to the Executive Associate written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives Associates employment. In such event, the Executives Associates employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive Associate (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive Associate shall not have returned to full-time performance of the Executives Associates duties. For purposes of this AgreementAddendum, Disability shall mean the absence of the Executive Associate from the Executives Associates duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive Associate or the Executives Associates legal representative.
Death or Disability. The Executives Executive's employment shall terminate automatically upon the Executives Executive's death during the Employment Period. If Either the Company determines or the Executive may terminate the Executive's employment in good faith that the Disability event of the Executive has occurred Executive's Disability during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives dutiesPeriod. For purposes of this Agreement, Disability "Disability" shall mean a disability as determined under the absence of Company's applicable long-term disability plan that prevents the Executive from performing the Executives Executive's duties under this Agreement (even with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected reasonable accommodation by the Company Company) for a period of six (6) months or its insurers and acceptable to more or, if no such plan applies, as determined in the Executive or reasonable discretion of the Executives legal representativeCompany.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment PeriodTerm. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period Term (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) 5 of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th thirtieth (30th) day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 one hundred eighty (180) consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representative, provided if the parties are unable to agree, the parties shall request the Dean of the Medical College of Wisconsin to choose such physician.
Death or Disability. The Executives Executive's employment shall terminate automatically upon the Executives Executive's death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b13(b) of this Agreement of its intention to terminate the Executives Executive's employment. In such event, the Executives Executive's employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives Executive's duties. For purposes of this Agreement, Disability "Disability" shall mean the absence Executive is unable to engage in any substantial gainful activity by reason of the Executive from the Executives duties with the Company on any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a full-time basis for 180 consecutive business days continuous period of not less than 12 months as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives Executive's legal representative.
Death or Disability. The Executives Executive's employment shall terminate automatically upon immediately in the Executives event of Executive's death or Disability. "Disability" means Executive is unable to engage in any substantial gainful business activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or that has rendered Executive unable effectively to carry out his duties and obligations under this Agreement or unable to participate effectively and actively in the management of WellCare and the Corporation for a period of ninety (90) consecutive days or for shorter periods aggregating to one hundred twenty (120) days (whether or not consecutive) during the Employment Period. If the Company determines in good faith that the Disability any consecutive twelve (12) months of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativeTerm.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred becomes Disabled during the Employment Period (pursuant to Period, the definition of Disability set forth below), it may Company upon such event shall give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability or becoming Disabled shall mean the absence inability of the Executive from to perform the Executives duties with the Company on a full-time basis for 180 consecutive business days during any consecutive twelve month period as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representative.
Death or Disability. The Executives employment shall will terminate automatically immediately upon the Executives death during the Employment Perioddeath. If the Company determines in good faith that the Disability Executive becomes physically or mentally disabled so as to become unable for a period of the Executive has occurred more than five consecutive months or for shorter periods aggregating at least five months during the Employment Period (pursuant any twelve-month period to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate perform the Executives employment. In such eventduties hereunder on a substantially full-time basis, the Executives employment with will terminate as of the Company shall terminate effective on the 30th day after receipt end of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive five-month or twelve-month period and this shall be considered a disability under this Agreement. Such termination shall not have returned to full-time performance of affect the Executives duties. For purposes of this Agreementbenefits under the Companys disability insurance program, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativeif any, then in effect.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b13(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence inability of Executive, as determined by the Executive from Board, to perform the Executives essential functions of his regular duties and responsibilities, with the Company on a full-time basis for 180 consecutive business days as a result of incapacity or without reasonable accommodation, due to a medically determinable physical or mental or physical illness which is determined has lasted (or can reasonably be expected to be total and permanent by last) for a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativecontinuous period of six (6) months during any continuous twelve (12) month period.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b14(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representative.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period a Disability (pursuant to the definition of Disability set forth as defined below), it the Company may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date)Executive, provided that, within the 30 days 30-day period after such receipt, the Executive shall not have returned to full-time performance of the Executives material duties. For purposes of this Agreement, Disability shall mean any physical or mental condition which prevents the absence Executive, for a period of 90 consecutive days, from performing and carrying out Executives material duties and responsibilities with the Executive from Company, as determined under the Companys long-term disability plan. The Executives employment hereunder shall terminate automatically upon the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativedeath.
Death or Disability. The Executives employment and all obligations of the Company hereunder shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the or Disability of the Executive has occurred during Executive, other than the Employment Period obligation to pay the greater of (pursuant to A) the definition product of Disability set forth below), it may give to (x) the aggregate amount of the Annual Bonus the Executive written notice received in accordance with Section 12(bthe preceding calendar year and (y) that portion, expressed as a percentage, of this Agreement the Bonus Objectives for the calendar year of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice termination realized by the Executive as of the date of such termination and (B) the prorated bonus amount as calculated pursuant to Section 6.d(ii). Disability Effective Date), provided that, within the 30 days after such receipt, means a condition under which the Executive shall not have returned is unable due to full-time performance illness or injury to perform the essential functions of the Executives duties. For purposes of then existing position or positions under this AgreementAgreement for a continuous six-month period with reasonable accommodation, Disability shall mean as determined in the absence sole discretion of the Chief Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativeOfficer.
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Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Perioddeath. If the Company determines in good faith that the Executive becomes subject to a Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it the Company may give to the Executive written notice in accordance with Section 12(bSections 3(e) of this Agreement and 10(h) of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean means (i) the absence Executives inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, or (ii) the Executive is, by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than 12 months, receiving income replacement benefits for a period of not less than three months under an accident, disability or health plan covering employees of the Company. Whether the Executive from the Executives duties with the Company on has incurred a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is Disability shall be determined to be total and permanent by a physician selected by the Company or its insurers and insurers, which physician is reasonably acceptable to the Executive (or the Executives legal representative).
Death or Disability. Subject to applicable human rights laws or similar legislation, the Company may terminate the Executives employment in the event the Executive has been unable to perform his duties for a period of one month or a cumulative period of three months in any consecutive 12 month period, because of a physical or mental disability. The Executives employment shall automatically terminate automatically upon on the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employmentdeath. In such event, the event the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice terminates by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance reason of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days death or as a result of incapacity due this Section 6.2, then upon and immediately effective on the Date of Termination the Company shall promptly pay and provide the Executive (or in the event of the Executives death, the Executives estate): (i) any unpaid Salary and any outstanding and accrued regular and special vacation pay through the Date of Termination; (ii) reimbursement for any unreimbursed expenses incurred through to mental or physical illness which is determined to be total the Date of Termination; and permanent by a physician selected (iii) proceeds from any insurance policies as provided by the Company or its insurers and acceptable to the Executive or the Executives legal representativeExecutive.
Death or Disability. The Executives Executive's employment with the Company shall terminate automatically upon the Executives Executive's death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to provide the Executive with written notice in accordance with Section 12(b12(g) of this Agreement of its intention to terminate the Executives employmentExecutive's employment with the Company. In such event, the Executives Executive's employment with the Company shall terminate effective on the 30th thirtieth (30th) day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the 30 thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executives dutiesExecutive's duties and provided further that a Disability shall be determined to exist as provided hereinafter. For purposes of this Agreement, Disability "Disability" shall mean the absence inability of the Executive from to perform the Executives Executive's duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness illness, which is inability exists for 180 days during any rolling 12-month period, as determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives Executive's legal representative.
Death or Disability. The Executives employment during the Term shall terminate automatically upon the death of Executive or, in the Companys discretion, in the event of Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below)disability, it may give to the Executive upon 30 days written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employmentExecutive. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician deemed disabled if an independent medical doctor (selected by the Company or its insurers Companys health insurer and reasonably acceptable to the Executive or the Executives his legal representative) certifies that Executive, for 90 consecutive days or 120 non-consecutive days in any 12-month period, has been unable to perform the essential functions of his job duties with or without reasonable accommodation.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death or Disability during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence means Executives inability by reason of the Executive from the Executives duties with the Company physical or mental illness to fulfill his obligations hereunder for 90 consecutive days or on a full-time basis for 180 consecutive business total of 150 days as a result in any 12-month period which, in the reasonable opinion of incapacity due to mental or physical illness which is determined to be total and permanent by a an independent physician selected by the Company or its insurers and reasonably acceptable to the Executive or the Executives legal representative, renders Executive unable to perform the essential functions of his job, even after reasonable accommodations are made by the Company. The Company is not, however, required to make unreasonable accommodations for Executive or accommodations that would create an undue hardship on the Company.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company Cadence determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to provide the Executive with written notice in accordance with Section 12(b12(g) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company Cadence shall terminate effective on the 30th calendar day after receipt of such notice by the Executive (the Disability Effective Date), ; provided that, within the 30 calendar days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence inability of the Executive from to perform the Executives duties with the Company Cadence on a full-time basis for 180 consecutive business days as a result of the Executives incapacity due to mental or physical illness illness, which is incapacity prevents the Executive from substantially performing the Executives duties to Cadence for a period of 120 consecutive calendar days or 150 out of 180 consecutive calendar days, as determined to be total and permanent by a physician selected by the Company Cadence or its insurers and reasonably acceptable to the Executive or the Executives legal representative.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death death. If Executive becomes subject to a Disability (as defined below) during the Employment Period. If , the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(bSections 3(g) of this Agreement and 9(g) of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the means Executives inability to perform Executives duties with the Company on hereunder by reason of any medically determinable physical or mental impairment for a full-time basis for 180 consecutive business days as a result period of incapacity due to mental six months or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativemore in any 12-month period.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death death. If Executive becomes subject to a Disability (as defined below) during the Employment Period. If , the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(bSections 3(f) of this Agreement and 10(g) of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the means Executives inability to perform Executives duties with the Company on hereunder by reason of any medically determinable physical or mental impairment for a full-time basis for 180 consecutive business days as a result period of incapacity due to mental six (6) months or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativemore in any twelve (12) month period.
Appears in 4 contracts
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If Either the Company determines or the Executive may terminate the Executives employment in good faith that the Disability event of the Executive has occurred Executives Disability during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives dutiesPeriod. For purposes of this Agreement, Disability shall mean that the Executive has become entitled to receive benefits under an applicable Company long-term disability plan or, if no such plan covers the Executive, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 ninety (90) consecutive business days or for a total of one hundred eighty (180) days in any twelve (12)-month period, in either case as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and reasonably acceptable to the Executive or the Executives legal representative.
Death or Disability. The Executives Executive's employment shall terminate automatically upon the Executives Executive's death or Disability during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability "Disability" shall mean the absence of the Executive from the Executives Executive's duties with the Company on a full-time basis for 90 consecutive days or on a total of 180 consecutive business days in any 12-month period, in either case as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives Executive's legal representative.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to provide the Executive with written notice in accordance with Section 12(b12(g) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives dutiesduties and, provided further, that a Disability shall be determined to exist as provided hereinafter. For purposes of this Agreement, Disability shall mean the absence inability of the Executive from to perform the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness illness, which is inability exists for 180 days during any rolling 12-month period, as determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representative.
Death or Disability. The Executives employment shall This Agreement will terminate automatically upon the Executives death during the Employment Period. If The Corporation may terminate this Agreement, after having established the Company determines in good faith that the Executives Disability of the Executive has occurred (as defined below) during the Employment Period (pursuant to the definition of Disability set forth below)Period, it may give by giving to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such eventcase, the Executives employment with the Company shall Corporation will terminate effective on the 30th 180th day after receipt of such notice by the Executive (the Disability Effective Date), provided thatprovided, that within the 30 180 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean means absence from the absence full-time performance of the Executive from the Executives duties pursuant to a determination made in accordance with the Company on a fullprocedures established by the Corporation under the Corporations long-time basis for 180 consecutive business days term disability benefits plan (as in effect as of the Effective Date) that the Executive is disabled as a result of incapacity due to physical or mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativeillness.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b13(c) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity the Executives inability to engage in any substantial gainful activity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representative. Executive agrees to cooperate with the Company and the selected physician so that such determination can be made.
Death or Disability. The Executives employment Except to the extent otherwise provided in Paragraph 8 with respect to certain post-Date of Termination (as defined below) payment obligations of the Employer, this Agreement shall terminate automatically immediately as of the Date of Termination in the event of the Executive's death or in the event that the Executive becomes disabled. The Executive will be deemed to be disabled upon the Executives death first to occur of (i) the end of a six (6)-consecutive month period, or the end of an aggregate period of nine (9) months out of any consecutive twelve (12) months, during the Employment Period. If the Company determines in good faith that the Disability which, by reason of physical or mental injury or disease, the Executive has occurred during been unable to perform substantially all of his usual and customary duties under this Agreement or (ii) the Employment Period (pursuant to date that a reputable physician selected by the definition of Disability set forth below), it may give to Employer determines in writing that the Executive written notice in accordance with Section 12(b) will, by reason of physical or mental injury or disease, be unable to perform substantially all of the Executive's usual and customary duties under this Agreement for a period of its intention at least six (6) consecutive months. If any question arises as to terminate whether the Executives employment. In such eventExecutive is disabled, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice upon reasonable request therefor by the Executive (the Disability Effective Date), provided that, within the 30 days after such receiptEmployer, the Executive shall not have returned submit to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent reasonable examination by a physician selected for the purpose of determining the existence, nature and extent of any such disability. The Employer shall promptly provide the Executive with written notice of the results of any such determination of disability and of any decision of the Employer to terminate the Executive's employment by reason thereof. In the Company or its insurers and acceptable event of disability, until the Date of Termination, the base salary payable to the Executive under Paragraph 3 hereof shall be reduced dollar-for-dollar by the amount of disability benefits, if any, paid to the Executive in accordance with any disability policy or program of the Executives legal representativeEmployer.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment PeriodTerm. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period Term (pursuant to the definition of Disability set forth below), it the Company may give to the Executive written notice in accordance with Section 12(b9(c) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance perform, with or without reasonable accommodation, the essential functions of the Executives dutieshis position. For purposes of this Agreement, Disability shall mean the absence Executives inability to engage in any substantial gainful activity by reason of the Executive from the Executives duties with the Company on any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a full-time basis for 180 consecutive business days continuous period of not less than 12 months as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected medical doctor mutually agreed upon by the Company or its insurers and acceptable to the Executive or the Executives legal representative.
Death or Disability. The Executives employment shall terminate automatically upon (i) If the Executives death Executive dies during the Employment Period, the Employment Period will terminate as of the date of the Executives death. If the Executive becomes unable to substantially perform the Services for 30 consecutive days, or for shorter periods aggregating 90 days in any 12-month period, due to a physical or mental disability, whether resulting from illness, accident or otherwise (each such case, a Disability), (1) the Company determines in good faith that the Disability of the Executive has occurred during may elect to terminate the Employment Period at any time thereafter, and (pursuant 2) the Employment Period will terminate as of the date of such election. All disabilities will be certified by a physician acceptable to both the definition of Disability set forth below)Company and the Executive, it may give to or, if the Company and the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such eventcannot agree upon a physician within 15 days, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by physicians designated by each of the Company and the Executive. The Executives failure to submit to any physical examination by such physician after such physician has given reasonable notice of the time and place of such examination will be conclusive evidence of the Executives inability to perform his or its insurers her duties hereunder. (ii) Upon termination of the Employment Period upon the Executives death or Disability, (1) the Company will pay the Executives then current Base Salary (but not any bonus) and acceptable provide any benefits under the plans in which the Executive participates through the termination date, and (2) with respect to any outstanding Equity Based Compensation granted by the Company to the Executive or Executive, vesting on all Equity Based Compensation will continue for the period of 12 months following the termination date, all of the Executives legal representativevested options and other Equity Based Compensation (with features similar to exercise) will be exercisable for 12 months after the termination date and all options and other Equity Based Compensation (with features similar to exercise) that remain unvested or unexercised on the date that is 12 months after the termination date will be forfeited.
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Death or Disability. The Executives employment shall terminate automatically upon immediately as of the Date of Termination in the event of the Executives death during or in the Employment Period. If the Company determines in good faith event that the Disability Executive becomes disabled. The Executive will be deemed to be disabled upon the earlier of (i) the end of a six (6)-consecutive month period during which, by reason of physical or mental injury or disease, the Executive has occurred during been unable to perform substantially all of his usual and customary duties under this Agreement or (ii) the Employment Period date that a reputable physician selected by the Board, and as to whom the Executive has no reasonable objection, determines in writing that the Executive will, by reason of physical or mental injury or disease, be unable to perform substantially all of the Executives usual and customary duties under this Agreement for a period of at least six (pursuant 6) consecutive months. If any question arises as to whether the definition Executive is disabled, upon reasonable request therefor by the Board, the Executive shall submit to reasonable medical examination for the purpose of Disability set forth below)determining the existence, it may nature and extent of any such disability. The Board shall promptly give to the Executive written notice in accordance with Section 12(b) of this Agreement any such determination of its intention the Executives disability and of any decision of the Board to terminate the Executives employmentemployment by reason thereof. In such eventUntil the Date of Termination for disability, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, base salary payable to the Executive shall not have returned to fullbe reduced dollar-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a fullfor-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected dollar by the Company or its insurers and acceptable amount of any disability benefits paid to the Executive in accordance with any disability policy or program of the Executives legal representativeCorporation.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b13(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean means the absence of the Executive from the Executives duties with the Company on a substantially full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativerepresentative (such agreement as to acceptability not to be withheld unreasonably).
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the any Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement 10.2, of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th thirtieth (30th) day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, the term Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 one hundred eighty (180) consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent certified by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representative.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment PeriodTerm. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period Term (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of total disability as determined by the Executive from Board in accordance with standards and procedures similar to those under the Companys long-term disability plan, or, if none, a physical or mental infirmity which impairs the Executives ability to perform substantially her duties with the Company on for a full-time basis for period of 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representativedays.
Death or Disability. The Executives employment shall terminate automatically upon the Executives death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b11(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which that is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representative.
Death or Disability. The Executives Employees employment shall will terminate automatically (x) immediately upon the Executives death of the Employee during the Employment Period. If term of his employment hereunder or (y) at the Company determines in good faith that the Disability option of the Executive has occurred during the Employment Period Company, upon thirty (pursuant 30) days prior written notice to the definition Employee, in the event of Disability set forth belowthe Employees disability. The Employee shall not be deemed disabled unless, as a result of the Employees incapacity due to physical or mental illness (as determined by a physician selected by the Employer or its insurers and reasonably acceptable to the Employee or his representative), it may give the Employee shall have been absent from and unable to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives perform his duties with the Company on a full-time basis bases for 180 one hundred twenty (120) consecutive business days as a result days. In the event of incapacity due termination of the Employees employment pursuant to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executives legal representative.this Section 6(a):
Death or Disability. The Executives employment shall terminate automatically upon In the Executives death during the Employment Period. If the Company determines in good faith event that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executives employment. In such event, the Executives employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability Effective Date), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executives duties. For purposes of this Agreement, Disability shall mean the absence of the Executive from the Executives duties with the Company on a full-time basis for 180 consecutive business days hereunder terminates as a result of incapacity due to mental the Executives death or physical illness which is determined to be total and permanent by Disability other than within the one (1) year period following a physician selected by Change in Control, the Company or its insurers and acceptable shall pay to the Executive or the Executives legal representative.following: