Common use of Disability; Death Clause in Contracts

Disability; Death. If the Company terminates the Employee’s employment as a result of the Employee’s Disability, or death, then the Employee shall not be entitled to receive any severance pay or benefits under this Agreement.

Appears in 16 contracts

Samples: Employment Agreement (Sciclone Pharmaceuticals Inc), Change in Control Agreement (Sciclone Pharmaceuticals Inc), Employment Agreement (Sciclone Pharmaceuticals Inc)

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Disability; Death. If the Company terminates the Employee’s employment as a result of the Employee’s Disability, or the Employee’s employment terminates due to the Employee’s death, then the Employee shall will not be entitled to receive any severance pay or other benefits except for those (if any) as may then be established under this Agreementthe Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 15 contracts

Samples: Employment Severance Agreement (Tandem Diabetes Care Inc), Employment Severance Agreement (Tandem Diabetes Care Inc), Employment Severance Agreement (Tandem Diabetes Care Inc)

Disability; Death. If the Company terminates the Employee’s employment with the Company (or any subsidiary thereof) terminates as a result of the Employee’s Disability, or deathif Employee’s employment is terminated due to the death of the Employee, then the Employee shall not be entitled to receive severance or other benefits except for those (if any) as may then be established under the Company’s (or any subsidiary’s) then existing severance pay and benefits plans or benefits under this Agreementpursuant to other written agreements with the Company (or any subsidiary thereof).

Appears in 15 contracts

Samples: Management Retention Agreement (Palmsource Inc), Management Retention Agreement (Palm Inc), Management Retention Agreement (Palm Inc)

Disability; Death. If the Company terminates the Employee’s employment as a result of the Employee’s Disability, or deathsuch Employee’s employment is terminated due to the death of the Employee, then the Employee shall not be entitled to receive any severance pay or other benefits except for those (if any) as may then be established under this Agreementthe Company’s then existing severance and benefits plans and practices or pursuant to other agreements with the Company.

Appears in 13 contracts

Samples: Retention Agreement (Catalytica Energy Systems Inc), Employment Agreement (Catalytica Energy Systems Inc), Change of Control Severance Agreement (Cell Genesys Inc)

Disability; Death. If the Company terminates the Employee’s 's employment as a result of the Employee’s Disability, 's Disability or death, such Employee's employment is terminated due to the death of the Employee then the Employee shall not be entitled to receive any severance pay or other benefits except for those (if any) as may then be established under this Agreementthe Company's then existing severance and benefits plans and practices or pursuant to other agreements with the Company.

Appears in 11 contracts

Samples: Change of Control Severance Agreement (Harmonic Inc), Change of Control Severance Agreement (Harmonic Inc), Change of Control Severance Agreement (Harmonic Inc)

Disability; Death. If the Company terminates the Employee’s 's employment as a result of the Employee’s 's Disability, or deathsuch Employee's employment is terminated due to the death of the Employee, then the Employee shall not be entitled to receive any severance pay or other benefits except for those (if any) as may then be established under this Agreementthe Company's then existing severance and benefits plans and practices or pursuant to other agreements with the Company.

Appears in 9 contracts

Samples: Control Severance Agreement (Intraware Inc), Change of Control Severance Agreement (Cell Genesys Inc), Control Severance Agreement (Harmonic Lightwaves Inc)

Disability; Death. If the Company terminates the Employee’s employment as a result of the Employee’s Disability, Disability or death, then the Employee shall be entitled only to Employee’s Accrued Compensation and shall not be entitled to receive any severance pay or benefits under this Agreement.

Appears in 9 contracts

Samples: Employee Retention Agreement (Sciclone Pharmaceuticals Inc), Employee Retention Agreement (Sciclone Pharmaceuticals Inc), Employee Retention Agreement (Sciclone Pharmaceuticals Inc)

Disability; Death. If the Company terminates the Employee’s employment as a result of the Employee’s Disability, or deathsuch Employee’s employment is terminated due to the death of the Employee, then the Employee shall not be entitled to receive any severance pay or benefits under this Agreement, but may be entitled to benefits and other rights (if any) as may then be established under the Company’s other then-existing severance and benefits plans and programs or pursuant to other agreements with the Company.

Appears in 8 contracts

Samples: Change of Control Severance Agreement (Openwave Systems Inc), Change of Control Severance Agreement (Openwave Systems Inc), Change of Control Severance Agreement (Openwave Systems Inc)

Disability; Death. If the Company terminates the Employee’s employment as a result of the Employee’s Disability, Disability or death, such Employee’s employment is terminated due to the death of the Employee then the Employee shall not be entitled to receive any severance pay or other benefits except for those (if any) as may then be established under this Agreementthe Company’s then existing severance and benefits plans and practices or pursuant to other agreements with the Company.

Appears in 8 contracts

Samples: Control Severance Agreement (Harmonic Inc), Control Severance Agreement (Harmonic Inc), Control Severance Agreement (Harmonic Inc)

Disability; Death. If the Company terminates the Employee’s 's employment as a result of the Employee’s 's Disability, or deathsuch Employee's employment is terminated due to the death of the Employee, then the Employee shall not be entitled to receive any severance pay or other benefits except for those (if any) as may then be established under this Agreementthe Company's then existing written employee plans or pursuant to other written agreements with the Company.

Appears in 7 contracts

Samples: Management Retention Agreement (Bell Microproducts Inc), Management Retention Agreement (Bell Microproducts Inc), Management Retention Agreement (Bell Microproducts Inc)

Disability; Death. If the Company terminates the Employee’s employment with the Company terminates as a result of the Employee’s Disability, or deathif Employee’s employment is terminated due to the death of the Employee, then the Employee shall not be entitled to receive any severance pay or other benefits except for those (if any) as may then be established under this Agreementthe Company’s then existing severance and benefits plans or pursuant to other written agreements with the Company.

Appears in 7 contracts

Samples: Management Retention Agreement (3com Corp), Management Retention Agreement (Peregrine Semiconductor Corp), Management Retention Agreement (3com Corp)

Disability; Death. If the Company terminates the Employee’s 's employment as a result of the Employee’s 's Disability, or deathsuch Employee's employment is terminated due to the death of the Employee, then the Employee shall not be entitled to receive any severance pay or other benefits except for those (if any) as may then be established under this Agreementthe Company's then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 7 contracts

Samples: Control Severance Agreement (Proxim Inc /De/), Control Severance Agreement (Proxim Inc /De/), Control Severance Agreement (Proxim Inc /De/)

Disability; Death. If the Company terminates the Employee’s employment as a result of the Employee’s Disability, or Employee’s employment terminates due to his or her death, then the Employee shall will not be entitled to receive any other severance pay or other benefits except for those (if any) as may then be established under this Agreementthe Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 6 contracts

Samples: Change of Control and Severance Agreement (Cutera Inc), Change of Control and Severance Agreement (Cutera Inc), Change of Control and Severance Agreement (Cutera Inc)

Disability; Death. If the Company terminates the Employee’s 's ----------------- employment as a result of the Employee’s 's Disability, or deathsuch Employee's employment is terminated due to the death of the Employee, then the Employee shall not be entitled to receive any severance pay or other benefits except those (if any) as may then be established under this Agreementthe Company's then existing severance and benefits plans and policies at the time of such Disability or death.

Appears in 6 contracts

Samples: Employment Agreement (Notify Corp), Employment Agreement (Notify Corp), Employment Agreement (Notify Corp)

Disability; Death. If the Company terminates the Employee’s employment as a result of the Employee’s Disability, or deathif the Employee’s employment terminates due to the death of the Employee, then the Employee shall not be entitled to receive any severance pay or other benefits except for those (if any) to which he may be entitled under this Agreementthe Company’s then existing severance and benefits plans and policies at the time of such Disability or death.

Appears in 6 contracts

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

Disability; Death. If the Employee's employment with the Company terminates the Employee’s employment as a result of the Employee’s 's Disability, or deathif Employee's employment is terminated due to the death of the Employee, then the Employee shall not be entitled to receive any severance pay or other benefits except for those (if any) as may then be established under this Agreementthe Company's then existing severance and benefits plans or pursuant to other written agreements with the Company.

Appears in 5 contracts

Samples: Control Severance Agreement (New Era of Networks Inc), Management Retention Agreement (3com Corp), Control Severance Agreement (New Era of Networks Inc)

Disability; Death. If the Company terminates the Employee’s 's employment as a result of the Employee’s 's Disability, or death, then the Employee shall not be entitled to receive any severance pay or benefits under this Agreement.

Appears in 5 contracts

Samples: Change in Control Agreement (Inprise Corp), Change in Control Agreement (Sciclone Pharmaceuticals Inc), Control Agreement (Sciclone Pharmaceuticals Inc)

Disability; Death. If the Company terminates the Employee’s employment with the Company terminates as a result of the Employee’s Disability, or deathif the Employee’s employment is terminated due to the death of the Employee, then the Employee shall not be entitled to receive any severance pay or other benefits except for those (if any) as may then be established under this Agreementthe Company’s then existing severance and benefits plans or pursuant to other written agreements with the Company.

Appears in 4 contracts

Samples: Change of Control Severance Agreement (Chalone Wine Group LTD), Change of Control Severance Agreement (Chalone Wine Group LTD), Change of Control Severance Agreement (Chalone Wine Group LTD)

Disability; Death. If the Company terminates the Employee’s 's employment ----------------- as a result of the Employee’s 's Disability, or deathsuch Employee's employment is terminated due to the death of the Employee, then the Employee shall not be entitled to receive any severance pay or other benefits except for those (if any) as may then be established under this Agreementthe Company's then existing severance and benefits plans and practices or pursuant to other agreements with the Company.

Appears in 4 contracts

Samples: Control Severance Agreement (Catalytica Energy Systems Inc), Control Severance Agreement (Catalytica Inc), Control Severance Agreement (Catalytica Combustion Systems Inc)

Disability; Death. If the Company terminates the ----------------- Employee’s 's employment as a result of the Employee’s 's Disability, or deathsuch Employee's employment is terminated due to the death of the Employee, then the Employee shall not be entitled to receive any severance pay or other benefits except for those (if any) as may then be established (and applicable) under this Agreementthe Company's then existing severance and benefits plans and policies at the time of such Disability or death.

Appears in 4 contracts

Samples: Severance Agreement (State of the Art Inc /Ca), Severance Agreement (State of the Art Inc /Ca), Severance Agreement (State of the Art Inc /Ca)

Disability; Death. If the Company terminates the Employee’s 's employment as a result of the Employee’s 's Disability, or deathsuch Employee's employment is terminated due to the death of the Employee, then the Employee shall not be entitled to receive any severance pay or other benefits except for those (if any) as may then be established under this Agreementthe Company's then existing severance and benefits plans and policies at the time of such Disability or death.

Appears in 4 contracts

Samples: Severance Agreement (Cybermedia Inc), Severance Agreement (Cybermedia Inc), Employment Agreement (Simplex Solutions Inc)

Disability; Death. If the Company terminates the Employee’s 's employment as a result of the Employee’s 's Disability, or deathif the Employee's employment terminates due to the death of the Employee, then the Employee shall not be entitled to receive any severance pay or other benefits except for those (if any) as may then be established under this Agreementthe Company's then existing severance and benefits plans and policies at the time of such Disability or death.

Appears in 4 contracts

Samples: Employment Agreement (Synopsys Inc), Change in Control Agreement (Netcom Systems Inc), Employment Agreement (Centigram Communications Corp)

Disability; Death. If the Company terminates the Employee’s employment as a result of the Employee’s Disability, or deathif the Employee’s employment terminates due to the death of the Employee, then the Employee shall not be entitled to receive any severance pay or other benefits except for those (if any) as may then be established under this Agreementthe Company’s then-existing severance and benefit plans and policies at the time of such Disability or death.

Appears in 4 contracts

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

Disability; Death. If the Company terminates the Employee’s employment as a result of the Employee’s Disability, or deathsuch Employee’s employment is terminated due to the death of Employee, then the Employee shall not be entitled to receive any severance pay or other benefits except for those (if any) as may then be established under this Agreementthe Company’s then existing severance and benefits plans and practices or pursuant to other agreements with the Company.

Appears in 3 contracts

Samples: Employment Agreement (Computer Access Technology Corp), Employment Agreement (Computer Access Technology Corp), Employment Offer (Computer Access Technology Corp)

Disability; Death. If the Company terminates the Employee’s employment as a result of the Employee’s Disabilitydisability, or Employee’s employment terminates due to Employee’s death, then the Employee shall not be entitled to receive any severance pay or other benefits except for those that have been earned but not yet paid under this Agreementagreement and those, if any, as may be established under the Company’s then existing benefit plans and practices or pursuant to other written agreements with the Company.

Appears in 3 contracts

Samples: Change of Control and Severance Agreement (Vivus Inc), Separation Agreement and Release (Vivus Inc), Separation Agreement and Release (Vivus Inc)

Disability; Death. If the Company terminates the Employee’s 's ----------------- employment as a result of the Employee’s 's Disability, or deathsuch Employee's employment is terminated due to the death of the Employee, then the Employee shall not be entitled to receive any severance pay or other benefits except for those (if any) as may then be established (and applicable) under this Agreementthe Company's then existing severance and benefits plans and policies at the time of such Disability or death.

Appears in 2 contracts

Samples: Exhibit 12 Severance Agreement (State of the Art Inc /Ca), Control Agreement (State of the Art Inc /Ca)

Disability; Death. If the Company terminates the Employee’s employment as a result of the Employee’s Disabilitydisability, or Employee’s employment terminates due to his or her death, then the Employee shall not be entitled to receive any severance pay or other benefits except for those that have been earned but not yet paid under this Agreementagreement and for those, if any, as may be established under the Company’s then existing benefit plans and practices or pursuant to other written agreements with the Company.

Appears in 2 contracts

Samples: Change of Control and Severance Agreement (Vivus Inc), Separation Agreement and Release (Vivus Inc)

Disability; Death. If the Employee's employment with the Company terminates the Employee’s employment as a result of the Employee’s 's Disability, or deathif Employee's employment is terminated due to the death of the Employee, then the Employee shall not be entitled to receive any severance pay or benefits under this Agreement.other

Appears in 1 contract

Samples: Management Retention Agreement (C Cube Microsystems Inc/De)

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Disability; Death. If the Company terminates the Employee’s employment as a result of the Employee’s Disability, or Employee’s employment terminates due to his or her death, then the Employee shall will not be entitled to receive any severance pay or other benefits except for those (if any) as may then be established under this Agreementthe Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Samples: Release Agreement (Sierra Monitor Corp /Ca/)

Disability; Death. If the Company terminates the Employee’s employment as a result of the Employee’s Disability, or the Employee’s employment terminates due to his death, then the Employee shall not be entitled to receive any severance pay or other benefits except for those (if any) as may then be established under this Agreementthe Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Samples: Severance Agreement (Foxhollow Technologies, Inc.)

Disability; Death. If the Company terminates the Employee’s employment as a result of the Employee’s Disability, Disability or death, then the Employee shall be entitled only to Employee’s WEST\258814678.24 Accrued Compensation and shall not be entitled to receive any severance pay or benefits under this Agreement.

Appears in 1 contract

Samples: Employee Retention Agreement (Sciclone Pharmaceuticals Inc)

Disability; Death. If the Company terminates the Employee’s employment as a result of the Employee’s Disability, Disability or death, then the Employee shall be entitled only to Employee’s 4 WEST\258814665.2 Accrued Compensation and shall not be entitled to receive any severance pay or benefits under this Agreement.

Appears in 1 contract

Samples: Employee Retention Agreement (Sciclone Pharmaceuticals Inc)

Disability; Death. If the Company terminates the Employee’s employment as a result of the Employee’s Disability, or death, then the Employee shall will not be entitled to receive any severance ex-gratia pay or benefits under this Agreement.

Appears in 1 contract

Samples: Change in Control Agreement (Sciclone Pharmaceuticals Inc)

Disability; Death. If the Company terminates the Employee’s 's ----------------- employment as a result of the Employee’s 's Disability, or death, then the Employee shall not be entitled to receive any severance pay or benefits under this Agreement.

Appears in 1 contract

Samples: Change in Control Agreement (Borland Software Corp)

Disability; Death. If the Company terminates the Employee’s employment as a result of the Employee’s Disability, or death, then the Employee shall will not be entitled to receive any severance pay or benefits under this Agreement.

Appears in 1 contract

Samples: Change in Control Agreement (Sciclone Pharmaceuticals Inc)

Disability; Death. If the Company terminates the Employee’s employment as a result of the Employee’s Disability, Disability or death, then the Employee shall be entitled only to Employee’s 2 Accrued Compensation and shall not be entitled to receive any severance pay or benefits under this Agreement.

Appears in 1 contract

Samples: Employee Retention Agreement (Sciclone Pharmaceuticals Inc)

Disability; Death. If the Company terminates the Employee’s 's employment as a result of the Employee’s 's Disability, or deathsuch Employee's employment is terminated due to the death of the Employee, then the Employee shall not be entitled to receive any severance pay payments or other benefits except for those (if any) as may then be established under this Agreementthe Company's then existing severance guidelines and benefits plans at the time of such Disability of death.

Appears in 1 contract

Samples: Employee Retention and Motivation Agreement (Progress Software Corp /Ma)

Disability; Death. If the Company terminates the ----------------- Employee’s 's employment as a result of the Employee’s 's Disability, or deathsuch Employee's employment is terminated due to the death of the Employee, then the Employee shall not be entitled to receive any severance pay or other benefits except for those (if any) as may then be established (and applicable) under this AgreementCompany's then- existing severance and benefits plans and policies at the time of such Disability or death.

Appears in 1 contract

Samples: Severance Agreement (State of the Art Inc /Ca)

Disability; Death. If the Company terminates the Employee’s employment as a result of the Employee’s Disability, or Employee’s employment terminates due to Employee’s death, then the Employee shall will not be entitled to receive any other severance pay or other benefits, except for those (if any) as may then be established under the Company’s then existing written severance and benefits under this Agreementplans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Samples: Change in Control and Severance Agreement (Harris & Harris Group Inc /Ny/)

Disability; Death. If the Company terminates the Employee’s employment with the Company terminates as a result of the Employee’s Disability, or deathif the Employee’s employment is terminated due to the death of the Employee, then the Employee shall not be entitled to receive any severance pay or other benefits under pursuant to this Agreement.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Spansion Inc.)

Disability; Death. If the Company terminates the Employee’s 's employment as a result of the Employee’s 's Disability, or deathEmployees employment is terminated due to the death of Employee, then the Employee shall not be entitled to receive any severance pay or other benefits except for those (if any) as may then be established under this Agreementthe Company's then existing severance and benefits plans and policies at the time of such Disability or death or under the terms of Employee's employment agreement with the Company.

Appears in 1 contract

Samples: Control Agreement (Ribogene Inc / Ca/)

Disability; Death. If the Company terminates the Employee’s employment as a result of the Employee’s Disabilitydisability, or Employee’s employment terminates due to his or her death, then the Employee shall not be entitled to receive any severance pay or other benefits except for those that have been earned but not yet paid under this AgreementAgreement and for those, if any, as may be established under the Company’s then-existing benefit plans and practices or pursuant to other written agreements with the Company.

Appears in 1 contract

Samples: Separation Agreement and Release (Vivus Inc)

Disability; Death. If the Company terminates the Employee’s employment as a result of the Employee’s Disability, or Employee’s employment terminates due to his or her death, then the Employee shall will not be entitled to receive severance or other benefits except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company, including, without limitation, any severance pay or benefits under this Employment Agreement.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Acclarent Inc)

Disability; Death. If the Company terminates the Employee’s employment as a result of the Employee’s Disability, Disability or death, then the Employee shall be entitled only to Employee’s WEST\258814599.24 Accrued Compensation and shall not be entitled to receive any severance pay or benefits under this Agreement.

Appears in 1 contract

Samples: Employee Retention Agreement (Sciclone Pharmaceuticals Inc)

Disability; Death. If the Company terminates the Employee’s 's ----------------- employment as a result of the Employee’s employee's Disability, or deathsuch Employee's employment is terminated due to the death of the Employee, then the Employee shall not be entitled to receive any severance pay or other benefits except for those (if any) as may then be established (and applicable) under this Agreementthe Company's then- existing severance and benefits plans and policies at the time of such Disability or death.

Appears in 1 contract

Samples: Control Agreement (State of the Art Inc /Ca)

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