Common use of Death or Permanent Disability of Employee Clause in Contracts

Death or Permanent Disability of Employee. This Agreement and the Employee’s employment with the Company shall terminate upon the Employee’s death. In addition, the Company shall have the right to terminate this Agreement and the Employee’s employment hereunder if the Company determines in good faith that the Disability of Employee, as defined below, has occurred during the Employment Period. In the event of the Disability of the Employee, the Employee’s employment hereunder shall terminate effective on the 30th day after the Employee’s receipt of written notice from the Company notifying the Employee of the Company’s intention to terminate this Agreement and the Employee’s employment hereunder on account of such Disability; provided that, within the 30-day period after such receipt, the Employee shall not have returned to full-time performance of the Employee’s duties and responsibilities. For purposes of this Agreement, “Disability” shall mean the inability of the Employee to perform one or more of the primary duties of the Chief Executive Officer or other comparable position as a result of incapacity of the Employee, despite any reasonable accommodation required by law, due to bodily injury or disease or any other mental or physical illness, which inability continues for a period of thirty (30) days within any six month period.

Death or Permanent Disability of Employee. This Agreement and the Employee’s employment with the Company shall terminate upon the Employee’s death. In addition, the Company shall have the right to terminate this Agreement and the Employee’s employment hereunder if the Company determines in good faith that the Disability of Employee, as defined below, has occurred during the Employment Period. In the event of the Disability of the Employee, the Employee’s employment hereunder shall terminate effective on the 30th day after the Employee’s receipt of written notice from the Company notifying the Employee of the Company’s intention to terminate this Agreement and the Employee’s employment hereunder on account of such Disability; provided that, within the 30-day period after such receipt, the Employee shall not have returned to full-time performance of the Employee’s duties and responsibilities. For purposes of this Agreement, “Disability” shall mean the inability of the Employee to perform one or more of the primary duties of the Chief Executive Financial Officer or other comparable position as a result of incapacity of the Employee, despite any reasonable accommodation required by law, due to bodily injury or disease or any other mental or physical illness, which inability continues for a period of thirty (30) days within any six month period.

Death or Permanent Disability of Employee. This Agreement and the Employee’s employment with the Company shall terminate upon the Employee’s death. In addition, the Company shall have the right to terminate this Agreement and the Employee’s employment hereunder if the Company determines in good faith that the Disability of Employee, as defined below, has occurred during the Employment Period. In the event of the Disability of the Employee, the Employee’s employment hereunder shall terminate effective on the 30th day after the Employee’s receipt of written notice from the Company notifying the Employee of the Company’s intention to terminate this Agreement and the Employee’s employment hereunder on account of such Disability; provided that, within the 30-day period after such receipt, the Employee shall not have returned to full-time performance of the Employee’s duties and responsibilities. For purposes of this Agreement, “Disability” shall mean the inability of the Employee to perform one or more of the primary duties of the General Counsel and Chief Executive Legal Officer or other comparable position as a result of incapacity of the Employee, despite any reasonable accommodation required by law, due to bodily injury or disease or any other mental or physical illness, which inability continues for a period of thirty (30) days within any six month period.

Death or Permanent Disability of Employee. This Agreement and the Employee’s employment with the Company shall terminate upon the Employee’s death. In addition, the Company shall have the right to terminate this Agreement and the Employee’s employment hereunder if the Company determines in good faith that the Disability of Employee, as defined below, has occurred during the Employment Period. In the event of the Disability of the Employee, the Employee’s employment hereunder shall terminate effective on the 30th day after the Employee’s receipt of written notice from the Company notifying the Employee of the Company’s intention to terminate this Agreement and the Employee’s employment hereunder on account of such Disability; provided that, within the 30-day period after such receipt, the Employee shall not have returned to full-time performance of the Employee’s duties and responsibilities. For purposes of this Agreement, “Disability” shall mean the inability of the Employee to perform one or more of the primary duties of the Chief Executive Officer Vice President Sales and Marketing or other comparable position as a result of incapacity of the Employee, despite any reasonable accommodation required by law, due to bodily injury or disease or any other mental or physical illness, which inability continues for a period of thirty (30) days within any six month period.