Common use of Death or Disability Clause in Contracts

Death or Disability. Executive’s employment shall terminate automatically upon Executive’s death during the Term. If the Company determines in good faith that the Disability of Executive has occurred during the Term (pursuant to the definition of Disability set forth below) it may give to Executive written notice of its intention to terminate Executive’s employment. In such event, Executive’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by Executive (the “Disability Effective Date”), provided that, within the 30 days after such receipt, Executive shall not have returned to full-time performance of Executive’s duties. For purposes of this Agreement, “Disability” shall mean Executive’s absence from his full-time duties hereunder for a period of 90 days due to disability as defined in the long-term disability plan provided to Executive by the Company.

Appears in 15 contracts

Samples: Employment Agreement (Kindred Healthcare, Inc), Employment Agreement (Kindred Healthcare, Inc), Employment Agreement (Forestview Nursing, L.L.C.)

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Death or Disability. Executive’s 's employment shall terminate ------------------- automatically upon Executive’s 's death during the Term. If the Company determines in good faith that the Disability of Executive has occurred during the Term (pursuant to the definition of Disability set forth below) it may give to Executive written notice of its intention to terminate Executive’s 's employment. In such event, Executive’s 's employment with the Company shall terminate effective on the 30th day after receipt of such notice by Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, Executive shall not have returned to full-time performance of Executive’s 's duties. For purposes of this Agreement, "Disability" shall mean Executive’s 's absence from his full-time duties hereunder for a period of 90 days due to disability as defined in the long-term disability plan provided to Executive by the Companydays.

Appears in 11 contracts

Samples: Employment Agreement (Vencor Inc), Employment Agreement (Vencor Inc /New/), Employment Agreement (Vencor Inc /New/)

Death or Disability. The Executive’s employment shall terminate automatically upon the Executive’s death during the TermEmployment Period. If the Company determines in good faith that Disability (as defined below) of the Disability of Executive has occurred during the Term (pursuant to Employment Period, the definition of Disability set forth below) it Company may give to provide the Executive with written notice in accordance with Section 11(b) of this Agreement of its intention to terminate the Executive’s employment. In such event, the 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 thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executive’s duties. For purposes of this Agreement, “Disability” shall mean Executive’s absence from his full-time duties hereunder for a period the “permanent and total disability” of 90 days due to disability the Executive as defined in Section 22(e)(3) of the long-term disability plan provided to Executive by the CompanyCode, or any successor provision thereto.

Appears in 10 contracts

Samples: Employment Agreement (Washington Prime Group Inc.), Employment Agreement (Washington Prime Group Inc.), Employment Agreement (Washington Prime Group Inc.)

Death or Disability. Executive’s 's employment shall terminate ------------------- automatically upon Executive’s 's death during the Term. If the Company determines in good faith that the Disability of Executive has occurred during the Term (pursuant to the definition of Disability set forth below) it may give to Executive written notice of its intention to terminate Executive’s 's employment. In such event, Executive’s 's employment with the Company shall terminate effective on the 30th day after receipt of such notice by Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, Executive shall not have returned to full-time performance of Executive’s 's duties. For purposes of this Agreement, "Disability" shall mean the Executive’s 's absence from his the full-time performance of his duties hereunder with the Company or the Executive's inability to adequately perform his duties with the Company for a total of six months in any twelve month period of 90 days due to disability as defined in the long-term disability plan provided to Executive by the CompanyExecutive's physical or mental illness.

Appears in 6 contracts

Samples: Employment Agreement (Homeside International Inc), Employment Agreement (Homeside Lending Inc), Employment Agreement (Homeside Lending Inc)

Death or Disability. The Executive’s 's employment hereunder shall terminate automatically upon the Executive’s death during the Term's death. If the Company determines in good faith that the Disability of the Executive has occurred during the Term (pursuant to the definition of Disability set forth below) it ), the Company may give to the Executive written notice of its intention to terminate the Executive’s 's employment. In such event, the Executive’s 's employment with the Company shall terminate effective on the 30th 10th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the 30 days 10-day period after such receipt, the Executive shall not have returned to full-time performance of the Executive’s 's material duties. For purposes of this Agreement, "Disability" shall mean any physical or mental condition which prevents the Executive’s absence from his full-time duties hereunder , for a period of 90 days due to disability as defined in the long-term disability plan provided to Executive by 180 consecutive days, from performing and carrying out his material duties and responsibilities with the Company.

Appears in 5 contracts

Samples: Employment Agreement (Pacific Energy Partners Lp), Employment Agreement (Pacific Energy Partners Lp), Employment Agreement (Pacific Energy Partners Lp)

Death or Disability. Executive’s 's employment shall terminate automatically upon Executive’s 's death during the Term. If the Company determines in good faith that the Disability of Executive has occurred during the Term (pursuant to the definition of Disability set forth below) it may give to Executive written notice of its intention to terminate Executive’s 's employment. In such event, Executive’s 's employment with the Company shall terminate effective on the 30th day after receipt of such notice by Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, Executive shall not have returned to full-time performance of Executive’s 's duties. ., For purposes of this Agreement, "Disability" shall mean inability to perform Executive’s absence from his full-time 's duties hereunder for a period of 90 days due to disability as defined in the long-term disability plan provided to Executive by the Companyphysical or mental illness.

Appears in 5 contracts

Samples: Employment Agreement (Homeside Lending Inc), Employment Agreement (Homeside Lending Inc), Employment Agreement (Homeside Lending Inc)

Death or Disability. Executive’s employment This Agreement shall terminate automatically upon the Executive’s death during 's death. The Company may terminate this Agreement, after having established the Term. If the Company determines in good faith that the Executive's Disability of Executive has occurred during the Term (pursuant to the definition of Disability "Disability" set forth below) it may give ), by giving to the Executive written notice of its intention to terminate the Executive’s 's employment. In such eventa case, this Agreement (but not the Executive’s 's employment with the Company Company) shall terminate effective on the 30th 90th day after receipt of such notice by Executive (the "Disability Effective Date"), provided that, within the 30 90 days after such receipt, the Executive shall not have returned fail to return to full-time performance of the Executive’s 's duties. For purposes of this Agreement, “Disability” shall mean Executive’s absence from his full-time duties hereunder for a period of 90 days due to disability as defined in the long-term disability plan provided to Executive by the Company."

Appears in 5 contracts

Samples: Andrea Electronics Corporation Employment Agreement (Andrea Electronics Corp), Andrea Electronics Corporation Employment Agreement (Andrea Electronics Corp), Andrea Electronics Corporation Employment Agreement (Andrea Electronics Corp)

Death or Disability. Executive’s employment shall terminate automatically upon Executive’s death during the Term. If the Company determines in good faith that the Disability of Executive has occurred during the Term (pursuant to the definition of Disability set forth below) it may give to Executive written notice of its intention to terminate Executive’s 's employment. In such event, Executive’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, Executive shall not have returned to full-time performance of Executive’s duties. For purposes of this Agreement, "Disability" shall mean Executive’s absence from his full-time duties hereunder for a period of 90 days due to disability as defined in the long-term disability plan provided to Executive by the Company.

Appears in 4 contracts

Samples: Employment Agreement (Kindred Healthcare, Inc), Employment Agreement (Kindred Healthcare, Inc), Employment Agreement (Kindred Healthcare, Inc)

Death or Disability. The Executive’s 's employment hereunder shall terminate automatically upon the Executive’s death during the Term's death. If the Company determines in good faith that the Disability of the Executive has occurred during the Term (pursuant to the definition of Disability set forth below) ), it may give to the Executive written notice of its intention to terminate the Executive’s 's employment. In such event, the Executive’s 's employment with the Company shall terminate effective on the 30th 10th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the 30 days 10-day period after such receipt, the Executive shall not have returned to full-time performance of the Executive’s 's material duties. For purposes of this Agreement, "Disability" shall mean any physical or mental condition which prevents the Executive’s absence from his full-time duties hereunder , for a period of 90 days due to disability as defined in the long-term disability plan provided to Executive by 180 consecutive days, from performing and carrying out his material duties and responsibilities with the Company.

Appears in 4 contracts

Samples: Employment Agreement (Pacific Energy Partners Lp), Employment Agreement (Pacific Energy Partners Lp), Employment Agreement (Qwest Communications International Inc)

Death or Disability. Executive’s 's employment shall terminate automatically upon Executive’s 's death during the Term. If the Company determines in good faith that the Disability of Executive has occurred during the Term (pursuant to the definition of Disability set forth below) ), it may give to Executive written notice of its intention to terminate Executive’s 's employment. In such event, Executive’s 's employment with the Company shall terminate effective on the 30th day after receipt of such notice by Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, Executive shall not have returned to full-time performance of Executive’s 's duties. For purposes of this Agreement, "Disability" shall mean Executive’s 's absence from his full-time duties hereunder for a period of 90 days due to disability as defined in the long-term disability plan provided to Executive by the Companydays.

Appears in 4 contracts

Samples: Employment Agreement (Ventas Inc), Employment Agreement (Ventas Inc), Employment Agreement (Ventas Inc)

Death or Disability. Executive’s employment shall terminate automatically upon Executive’s death during the TermEmployment Period. If the Company determines in good faith that the Disability (as defined below) of Executive has occurred during the Term (pursuant to the definition of Disability set forth below) Employment Period, it may give to provide Executive with written notice in accordance with Section 7(i) of its intention to terminate Executive’s employment. In such event, Executive’s employment with the Company shall terminate effective on the 30th thirtieth (30th) day after receipt of such notice by Executive (the “Disability Effective Date”), provided that, within the 30 thirty (30) days after such receipt, Executive shall not have returned to full-time performance of Executive’s duties. For purposes of this Agreement, “Disability” shall mean Executive’s absence from inability to perform his full-time employment duties hereunder for a period of 90 days due to his permanent and total disability as defined in the long-term disability plan provided determined by a physician reasonably acceptable to Executive by the Company.

Appears in 3 contracts

Samples: Employment Agreement (Independent Bank Group, Inc.), Employment Agreement (Independent Bank Group, Inc.), Employment Agreement (Independent Bank Group, Inc.)

Death or Disability. Executive’s employment shall terminate automatically upon Executive’s death during the Term. If the Company determines in good faith that the Disability of Executive has occurred during the Term (pursuant to the definition of Disability set forth below) it may give to Executive written notice of its intention to terminate Executive’s employment. In such event, Executive’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by Executive (the “Disability Effective Date”), provided that, within the 30 days after such receipt, Executive shall not have returned to full-time performance of Executive’s duties. For purposes of this Agreement, “Disability” shall mean Executive’s absence from his Executive’s full-time duties hereunder for a period of 90 days due to disability as defined in the long-term disability plan provided to Executive by the Company.

Appears in 2 contracts

Samples: Employment Agreement (Kindred Healthcare, Inc), Employment Agreement (Kindred Healthcare, Inc)

Death or Disability. Executive’s 's employment shall terminate automatically upon Executive’s 's death during the Term. If the Company determines in good faith that the Disability of Executive has occurred during the Term (pursuant to the definition of Disability set forth below) it may give to Executive written notice of its intention to terminate Executive’s 's employment. In such event, Executive’s 's employment with the Company shall terminate effective on the 30th day after receipt of such notice by Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, Executive shall not have returned to full-time performance of Executive’s 's duties. For purposes of this Agreement, "Disability" shall mean the Executive’s 's absence from his the full-time performance of his duties hereunder with the Company or the Executive's inability to adequately perform his duties with the Company for a total of six months in any twelve month period of 90 days due to disability as defined in the long-term disability plan provided to Executive by the CompanyExecutive's physical or mental illness.

Appears in 2 contracts

Samples: Employment Agreement (Homeside International Inc), Employment Agreement (Homeside Lending Inc)

Death or Disability. Executive’s employment hereunder shall terminate automatically upon Executive’s death during the Termdeath. If the Company determines in good faith that the Disability of Executive has occurred during the Term (pursuant to the definition of Disability set forth below) it may give to Executive written notice of its intention to terminate Executive’s employment. In such event, Executive’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by Executive (the “Disability Effective Date”), provided that, within the 30 days after such receipt, Executive shall not have returned to full-time performance of Executive’s duties. For purposes of this Agreement, “Disability” shall mean Executive’s absence from his full-time duties hereunder for a period of 90 days due to disability as defined in the long-term disability plan provided to Executive by the Company.

Appears in 2 contracts

Samples: Employment Agreement (Kindred Healthcare, Inc), Employment Agreement (Kindred Healthcare, Inc)

Death or Disability. Executive’s employment shall terminate automatically upon Executive’s death during the Term. If the Company determines in good faith that the Disability of Executive has occurred during the Term (pursuant to the definition of Disability set forth below) it may give to Executive written notice of its intention to terminate Executive’s employment. In such event, Executive’s employment with the Company shall terminate effective on the 30th thirtieth day after receipt of such notice by Executive (the “Disability Effective Date”), provided that, within the 30 thirty (30) days after such receipt, Executive shall not have returned to full-time performance of Executive’s duties. For purposes of this Agreement, “Disability” shall mean Executive’s absence from his Executive full-time duties hereunder for a period of 90 ninety (90) consecutive days due to disability as defined in the long-term disability plan provided to Executive by the Company.

Appears in 1 contract

Samples: Employment Agreement (Kindred Healthcare, Inc)

Death or Disability. Executive’s employment shall terminate automatically upon Executive’s death during the Term. If the Company determines in good faith that the Disability of Executive has occurred during the Term (pursuant to the definition of Disability set forth below) it may give to Executive written notice a Notice of its intention to terminate Executive’s employmentTermination in accordance with Section 6(d) below. In such event, Executive’s employment with the Company shall terminate effective on the 30th day after receipt of such notice Notice of Termination by Executive (the “Disability Effective Date”), provided that, within the 30 days after such receipt, Executive shall not have returned to full-time performance of Executive’s duties. For purposes of this Agreement, “Disability” shall mean Executive’s absence from his full-time duties hereunder for a period of 90 days due to disability as defined in the long-term disability plan provided to Executive by the Company.

Appears in 1 contract

Samples: Employment Agreement (Kindred Healthcare, Inc)

Death or Disability. Executive’s 's employment shall terminate automatically upon Executive’s 's death during the TermEmployment Period. If the Company determines in good faith that the Disability of Executive has occurred during the Term (pursuant to the definition of Disability set forth below) it may give to Executive written notice of its intention shall be entitled to terminate Executive’s employment's employment because of Executive's Disability during the Employment Period. In such event"Disability" means that (i) Executive has been unable, for a period of 60 consecutive business days, to perform Executive’s 's duties under this Agreement, as a result of physical or mental illness or injury, and (ii) a physician selected by Company or its insurers, and acceptable to Executive or Executive's legal representative, has determined that Executive's incapacity is total and permanent. A termination of Executive's employment with the by Company for Disability shall terminate be communicated to Executive by written notice, and shall be effective on the 30th 10th day after receipt of such notice by Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, unless Executive shall not have returned returns to full-time performance of Executive’s duties. For purposes of this Agreement, “Disability” shall mean Executive’s absence from his full-time 's duties hereunder for a period of 90 days due to disability as defined in before the long-term disability plan provided to Executive by the CompanyDisability Effective Date.

Appears in 1 contract

Samples: Employment Agreement (Northland Cranberries Inc /Wi/)

Death or Disability. The Executive’s 's employment shall terminate ------------------- automatically upon the Executive’s 's death during the TermEmployment Period. In the event of the Executive's death, the effective date of termination shall be the date of Executive's death. If the Company determines in good faith that the Disability (as defined below) of the Executive has occurred during the Term (pursuant to the definition of Disability set forth below) Employment Period, it may give to the Executive written notice of its intention to terminate the Executive’s 's employment. In such event, the Executive’s 's employment with the Company shall terminate effective on the 30th thirtieth day after receipt of such notice by Executive (the “Disability Effective Date”), provided that, within the 30 days after such receipt, Executive shall not have returned to full-time performance of Executive’s duties. For purposes of this Agreement, "Disability" shall mean the Executive’s absence from 's inability to perform his fullnormal duties for the Company for three months or more during any twelve-time duties hereunder for a period of 90 days due to disability as defined in the long-term disability plan provided to Executive by the Companymonth period.

Appears in 1 contract

Samples: Employment Agreement (Plug Power Inc)

Death or Disability. The Executive’s 's employment shall terminate automatically upon the Executive’s 's death during ("Death"). The Corporation will be considered to have terminated the Term. If Executive's employment for Disability, if after having established the Company determines in good faith that Executive's Disability (as defined below), the Disability of Executive has occurred during the Term (pursuant to the definition of Disability set forth below) it may give to Executive receives written notice given in accordance with Section 9(b) of its the Corporation's intention to terminate Executive’s his employment. In such event, The Executive’s 's employment with the Company shall will terminate for Disability effective on the 30th 90th day after receipt of such notice by Executive (the “Disability Effective Date”), provided that, if within the 30 days such 90-day period after such receipt, receipt the Executive shall not have returned fail to return to full-time performance of Executive’s dutieshis duties (the "Disability Effective Date"). For purposes of this Agreement, "Disability” shall mean Executive’s absence from his full-time duties hereunder for " means a period disability that, after the expiration of 90 more than 180 days due after its commencement, is determined to disability as defined in the long-term disability plan provided to Executive be total and permanent by a physician selected by the Company.Corporation or

Appears in 1 contract

Samples: Severance Agreement (Hancock Fabrics Inc)

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Death or Disability. Executive’s employment shall terminate automatically upon Executive’s death during the Term. If the Company determines in good faith that the Disability of Executive has occurred during the Term (pursuant to the definition of Disability set forth below) it may give to Executive written notice of its intention to terminate Executive’s employment. In such event, Executive’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by Executive (the “Disability Effective Date”), provided that, within the 30 days after such receipt, Executive shall not have returned to full-time performance of Executive’s duties. For purposes of this Agreement, “Disability” shall mean Executive’s absence from Executive shall be unable, or fail, to perform the essential functions of his full-time duties hereunder position with or without reasonable accommodation, for a any period of 90 days due to disability as defined in the long-term disability plan provided to Executive by the Companyor more.

Appears in 1 contract

Samples: Employment Agreement (Kindred Healthcare Inc)

Death or Disability. Executive’s employment shall terminate automatically upon Executive’s death during the Term. If the Company determines in good faith that the Disability of Executive has occurred during the Term (pursuant to the definition of Disability set forth below) it may give to Executive written notice of its intention to terminate Executive’s employment. In such event, Executive’s employment with the Company shall terminate effective on the 30th thirtieth (30th) day after receipt of such notice by Executive (the “Disability Effective Date”), provided that, within the 30 thirty (30) days after such receipt, Executive shall not have returned to full-time performance of Executive’s duties. For purposes of this Agreement, “Disability” shall mean Executive’s absence from his full-time duties hereunder for a period of 90 ninety (90) days due to disability as defined in the Company’s long-term disability plan provided as in effect from time to Executive by the Companytime.

Appears in 1 contract

Samples: Employment Agreement (Kindred Healthcare, Inc)

Death or Disability. Executive’s employment shall terminate automatically upon Executive’s death during the Term. If the Company determines in good faith that the Disability of Executive has occurred during the Term (pursuant to the definition of Disability set forth below) it may give to Executive a written notice Notice of its intention to terminate Executive’s employmentTermination in accordance with Section 6(d) below. In such event, Executive’s employment with the Company shall terminate effective on the 30th day after receipt of such notice Notice of Termination by Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, Executive shall not have returned to full-time performance of Executive’s duties. For purposes of this Agreement, "Disability" shall mean Executive’s absence from his full-time duties hereunder for a period of 90 days due to disability as defined in the long-term disability plan provided to Executive by the Company.

Appears in 1 contract

Samples: Employment Agreement (Kindred Healthcare, Inc)

Death or Disability. Executive’s employment shall terminate automatically upon Executive’s death during the Term. If the Company determines in good faith that the Disability of Executive has occurred during the Term (pursuant to the definition of Disability set forth below) it may give to Executive written notice of its intention to terminate Executive’s 's employment. In such event, Executive’s employment with the Company shall terminate effective on the 30th thirtieth (30th) day after receipt of such notice by Executive (the “Disability Effective Date”), provided that, within the 30 thirty (30) days after such receipt, Executive shall not have returned to full-time performance of Executive’s duties. For purposes of this Agreement, “Disability” shall mean Executive’s absence from his full-time duties hereunder for a period of 90 ninety (90) days due to disability as defined in the Company’s long-term disability plan provided as in effect from time to Executive by the Companytime.

Appears in 1 contract

Samples: Employment Agreement (Kindred Healthcare, Inc)

Death or Disability. Executive’s 's employment shall terminate automatically upon Executive’s 's death during the Term. If the Company determines in good faith that the Disability of Executive has occurred during the Term (pursuant to the definition of Disability set forth below) it may give to Executive written notice of its intention to terminate Executive’s 's employment. In such event, Executive’s 's employment with the Company shall terminate effective on the 30th day after receipt of such notice by Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, Executive shall not have returned to full-time performance of Executive’s 's duties. For purposes of this Agreement, "Disability" shall mean Executive’s 's absence from his full-time duties hereunder for a period of 90 days due to disability as defined in the long-term disability plan provided to Executive by the Companydays.

Appears in 1 contract

Samples: Employment Agreement (Kindred Healthcare Inc)

Death or Disability. Executive’s 's employment shall terminate ------------------- automatically upon Executive’s 's death during the Term. If the Company determines in good faith that the Disability of Executive has occurred during the Term (pursuant to the definition of Disability set forth below) ), it may give to Executive written notice of its intention to terminate Executive’s 's employment. In such event, Executive’s 's employment with the Company shall terminate effective on the 30th day after receipt of such notice by Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, Executive shall not have returned to full-time performance of Executive’s 's duties. For purposes of this Agreement, "Disability" shall mean Executive’s 's absence from his full-time duties hereunder for a period of 90 days due to disability as defined in the long-term disability plan provided to Executive by the Companydays.

Appears in 1 contract

Samples: Employment Agreement (Ventas Inc)

Death or Disability. The Executive’s employment employment, and the Employment Period, shall terminate automatically upon the Executive’s death during the Termdeath. If the Executive incurs a “Disability” (as defined below), the Company determines in good faith that may provide the Disability of Executive has occurred during the Term (pursuant to the definition of Disability set forth below) it may give to Executive with written notice in accordance with Section 9(b) of this Agreement of its intention to terminate the Executive’s employment. In such event, the Executive’s employment with and the Company Employment Period 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 (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executive’s duties. For purposes of this Agreement, “Disability” shall mean the “permanent and total disability” of the Executive’s absence from his full-time duties hereunder for a period of 90 days due to disability , as defined in Section 22(e)(3) of the long-term disability plan provided to Executive by the CompanyCode, or any successor provision thereto.

Appears in 1 contract

Samples: Non Competition Agreement (Simon Property Group Inc /De/)

Death or Disability. Executive’s 's employment shall terminate automatically upon Executive’s 's death during the Employment Term. If the Company determines in good faith that the Disability of Executive has occurred during the Employment Term (pursuant to the definition of Disability set forth below) ), it may give to Executive written notice of its intention to terminate Executive’s 's employment. In such event, Executive’s 's employment with the Company shall terminate effective on the 30th day after receipt of such notice by Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, Executive shall not have returned to full-time performance of Executive’s 's duties. For purposes of this Agreement, "Disability" shall mean Executive’s 's absence from his full-time duties hereunder for a period of 90 consecutive days due within a twelve-month period because of a physical or mental incapacity which is expected to disability as defined in the long-term disability plan provided to Executive by the Companybe permanent.

Appears in 1 contract

Samples: Employment Agreement (Ventas Inc)

Death or Disability. Executive’s employment shall terminate automatically upon Executive’s death during the Term. If the Company determines in good faith that the Disability of Executive has occurred during the Term (pursuant to the definition of Disability set forth below) it may give to Executive written notice of its intention to terminate Executive’s employment. In such event, Executive’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by Executive (the “Disability Effective Date”), provided that, within the 30 days after such receipt, Executive shall not have returned to full-time performance of Executive’s duties. For purposes of this Agreement, “Disability” shall mean Executive’s absence from his Executive’s full-time duties hereunder for a period of 90 days due to disability as defined in the long-term disability plan provided to the Executive by the Company.

Appears in 1 contract

Samples: Employment Agreement (Kindred Healthcare, Inc)

Death or Disability. Executive’s employment shall terminate automatically upon Executive’s death during the TermEmployment Period. If the Company determines in good faith that the Disability (as defined below) of Executive has occurred during the Term (pursuant to the definition of Disability set forth below) Employment Period, it may give to provide Executive with written notice in accordance with Section 6(g) of its intention to terminate Executive’s employment. In such event, Executive’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by Executive (the “Disability Effective Date”), provided that, within the 30 days after such receipt, Executive shall not have returned to full-time performance of Executive’s duties. For purposes of this Agreement, “Disability” shall mean Executive’s absence from his the full-time performance of the Executive’s duties hereunder (as such duties existed immediately prior to such absence) for 180 consecutive business days, when the Executive is disabled as a period result of 90 days incapacity due to disability as defined in the long-term disability plan provided to Executive by the Companyphysical or mental illness.

Appears in 1 contract

Samples: Employment Agreement (Hubbell Inc)

Death or Disability. Executive’s employment This Agreement and the Period of Employment shall terminate automatically upon Executive’s death during the Term's death. If the Company determines in good faith that the Disability of Executive has occurred during the Term a Disability (pursuant to the definition of Disability set forth below“Disability” in subsection (i)(iv) of this Section)), it may give to Executive written notice of its intention to terminate Executive’s 's employment. Such notice shall be deemed the Notice of Termination as defined in subsection (i)(vi) of this Section. In such event, Executive’s 's employment with the Company shall terminate effective on the 30th thirtieth day after receipt by Executive of such notice by Notice of Termination given at any time after the Company has determined Executive (the “Disability Effective Date”), has a Disability; provided that, within the 30 thirty (30) days after such receipt, Executive shall not have returned to full-time performance of the Executive’s 's duties. For purposes of this Agreement, “Disability” shall mean Executive’s absence from his full-time duties hereunder for a period of 90 days due to disability as defined in the long-term disability plan provided to Executive by the Company.

Appears in 1 contract

Samples: Employment Agreement (Federal Home Loan Bank of Des Moines)

Death or Disability. Executive’s 's employment shall terminate ------------------- automatically upon Executive’s 's death during the Term. If the Company determines in good faith that the Disability of Executive has occurred during the Term (pursuant to the definition of Disability set forth below) it may give to Executive written notice of its intention to terminate Executive’s 's employment. In such event, Executive’s 's employment with the Company shall terminate effective on the 30th day after receipt of such notice by Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, Executive shall not have returned to full-time performance of Executive’s 's duties. For purposes of this Agreement, "Disability" shall mean Executive’s absence from Executive shall be unable, or fail, to perform the essential functions of his full-time duties hereunder position with or without reasonable accommodation, for a any period of 90 150 days due to disability as defined in the long-term disability plan provided to Executive by the Companyor more.

Appears in 1 contract

Samples: Employment Agreement (Kindred Healthcare Inc)

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