Common use of Death; Total Disability Clause in Contracts

Death; Total Disability. Upon the termination of the Employment Term by reason of the death or Total Disability of the Employee pursuant to Sections 2.2(a) or (b) hereof, the Employee (or, in the case of death, his estate) shall be entitled to receive (a) any accrued yet unpaid base salary through the date of death or determination of Total Disability, (b) an amount equal to twelve (12) months of his then current base salary, (c) any accrued yet unpaid bonus payable on account of any calendar year ending prior to the year in which the death or determination of Total Disability occurs, (d) a pro-rata bonus payable on account of the year in which the death or determination of Total Disability occurs (assuming for purposes of this subclause (d) that the bonus for such year equals the average bonus Employee had received each year for the two years immediately preceding the year in which the death or determination of Total Disability occurs), (e) benefits through the date of death or determination of Total Disability, (f) reimbursement of reimbursable expenses incurred prior to the date of death or determination of Total Disability, and (g) any vacation pay on account of unused vacation accruing prior to the date of death or determination of Total Disability.

Appears in 2 contracts

Samples: Employment, Non Competition And (Vitacost.com, Inc.), Employment, Non Competition and Proprietary Rights Agreement (Vitacost.com, Inc.)

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Death; Total Disability. Upon the termination of the Employment Term by reason of the death or Total Disability of the Employee pursuant to Sections 2.2(a) or (b) hereof, the Employee (or, in the case of death, his estate) shall be entitled to receive (a) any accrued yet unpaid base salary through the date of death or determination of Total Disability, (b) an amount equal to twelve (12) months of his then current base salary, (c) any accrued yet unpaid bonus payable on account of any calendar year ending prior to the year in which the death or determination of Total Disability occurs, (d) a pro-rata bonus payable on account of the year in which the death or determination of Total Disability occurs (assuming for purposes of this subclause (dc) that the bonus for such year equals the average bonus Employee had received each year for the two years immediately preceding the year in which the death or determination of Total Disability occurs), (e) benefits through the date of death or determination of Total Disability, (f) reimbursement of reimbursable expenses incurred prior to the date of death or determination of Total Disability, and (g) any vacation pay on account of unused vacation accruing prior to the date of death or determination of Total Disability.

Appears in 1 contract

Samples: Employment, Non Competition and Proprietary Rights Agreement (Vitacost.com, Inc.)

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Death; Total Disability. Upon the termination of the Employment Term by reason of the death or Total Disability of the Employee pursuant to Sections 2.2(a) or (b) hereof, the Employee (or, in the case of death, his her estate) shall be entitled to receive (a) any accrued yet unpaid base salary through the date of death or determination of Total Disability, (b) an amount equal to twelve (12) months of his then current base salary, (c) any accrued yet unpaid bonus payable on account of any calendar year ending prior to the year in which the death or determination of Total Disability occurs, (d) a pro-rata bonus payable on account of the year in which the death or determination of Total Disability occurs (assuming for purposes of this subclause (d) that the bonus for such year equals the average bonus Employee had received each year for the two years immediately preceding the year in which the death or determination of Total Disability occurs), (e) benefits through the date of death or determination of Total Disability, (f) reimbursement of reimbursable expenses incurred prior to the date of death or determination of Total Disability, and (g) any vacation pay on account of unused vacation accruing prior to the date of death or determination of Total Disability.

Appears in 1 contract

Samples: Employment, Non Competition and Proprietary Rights Agreement (Vitacost.com, Inc.)

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