Common use of Disability Leave and Death Clause in Contracts

Disability Leave and Death. 6.1 If Executive becomes disabled while employed during the Term, Executive’s employment and this Agreement will not terminate at such time but Executive shall be placed on disability leave until the first to occur of the expiration of this Agreement or Executive’s recovery from disability, but in no event longer than twenty-nine (29) months. Metro shall compensate Executive during the disability leave at a rate equal to 70% of Executive’s annual base salary at the time Executive became disabled. Metro agrees that it will make the payments due under this Section 6.1 on the first day of each month, commencing with the first day of the month following the month in which Executive is determined to be disabled, in an amount equal to 1/12 of 70% of Executive’s annual base salary at the time Executive is determined to be disabled. Such payments shall be reduced each month, however, by the amount of any disability payments made to Executive under any Metro-sponsored disability insurance plan. The amount of the reduction under the preceding sentence shall be computed as if Executive had elected to receive monthly payments of disability benefits (regardless of the actual payment frequency). If Executive becomes disabled as provided in this Section 6, then Executive shall nonetheless continue, after becoming so disabled and until the end of the Term, to be entitled to receive at Metro's expense such group hospitalization coverage, life insurance coverage and disability coverage as is generally made available from time to time to executive officers of Metro, if and to the extent permitted by the respective insurers of such coverage. Until such time as Executive is determined to be disabled as defined in Section 6.2, Executive shall continue to receive Executive’s full base salary and other compensation and fringe benefits due him under Section 4 above.

Disability Leave and Death. 6.1 If Executive becomes disabled while employed during the Term, Executive’s 's employment and this Agreement will not terminate at such time but Executive shall be placed on disability leave until the first to occur of the expiration of this Agreement or Executive’s 's recovery from disability, but in no event longer than twenty-nine (29) months. Metro shall compensate Executive during the disability leave at a rate equal to 70% of Executive’s his/her annual base salary at the time Executive he became disabled. Metro agrees that it will make the payments due under this Section 6.1 on the first day of each month, commencing with the first day of the month following the month in which Executive he is determined to be disabled, in an amount equal to 1/12 of 70% of Executive’s his/her annual base salary at the time Executive he is determined to be disabled. Such payments shall be reduced each month, however, by the amount of any disability payments made to Executive under any Metro-sponsored disability insurance plan. The amount of the reduction under the preceding sentence shall be computed as if Executive had elected to receive monthly payments of disability benefits (regardless of the actual payment frequency). If Executive becomes disabled as provided in this Section 6, then Executive he shall nonetheless continue, after becoming so disabled and until the end of the Term, to be entitled to receive at Metro's expense such group hospitalization coverage, life insurance coverage and disability coverage as is generally made available from time to time to executive officers of Metro, if and to the extent permitted by the respective insurers of such coverage. Until such time as Executive is determined to be disabled as defined in Section 6.2disabled, Executive shall continue to receive Executive’s his/her full base salary and other compensation and fringe benefits due him him/her under Section 4 above.

Disability Leave and Death. 6.1 If Executive becomes disabled while employed during the Term, Executive’s employment and this Agreement will not terminate at such time but Executive shall be placed on disability leave until the first to occur of the expiration of this Agreement or Executive’s recovery from disability, but in no event longer than twenty-nine (29) months. Metro Commerce shall compensate Executive during the disability leave at a rate equal to 70% of Executive’s his/her annual base salary at the time Executive he became disabled. Metro Commerce agrees that it will make the payments due under this Section 6.1 on the first day of each month, commencing with the first day of the month following the month in which Executive he is determined to be disabled, in an amount equal to 1/12 of 70% of Executive’s his/her annual base salary at the time Executive he is determined to be disabled. Such payments shall be reduced each month, however, by the amount of any disability payments made to Executive under any MetroCommerce-sponsored disability insurance plan. The amount of the reduction under the preceding sentence shall be computed as if Executive had elected to receive monthly payments of disability benefits (regardless of the actual payment frequency). If Executive becomes disabled as provided in this Section 6, then Executive he shall nonetheless continue, after becoming so disabled and until the end of the Term, to be entitled to receive at MetroCommerce's expense such group hospitalization coverage, life insurance coverage and disability coverage as is generally made available from time to time to executive officers of MetroCommerce, if and to the extent permitted by the respective insurers of such coverage. Until such time as Executive is EmploymentAgreement determined to be disabled as defined in Section 6.2disabled, Executive shall continue to receive Executive’s his/her full base salary and other compensation and fringe benefits due him him/her under Section 4 above.

Disability Leave and Death. 6.1 If Executive becomes disabled while employed during the Term, Executive’s employment and this Agreement will not terminate at such time but Executive shall be placed on disability leave until the first to occur of the expiration of this Agreement or Executive’s recovery from disability, but in no event longer than twenty-nine (29) months. Metro Commerce shall compensate Executive during the disability leave at a rate equal to 70% of Executive’s his/her annual base salary at the time Executive he became disabled. Metro Commerce agrees that it will make the payments due under this Section 6.1 on the first day of each month, commencing with the first day of the month following the month in which Executive he is determined to be disabled, in an amount equal to 1/12 of 70% of Executive’s his/her annual base salary at the time Executive he is determined to be disabled. Such payments shall be reduced each month, however, by the amount of any disability payments made to Executive under any MetroCommerce-sponsored disability insurance plan. The amount of the reduction under the preceding sentence shall be computed as if Executive had elected to receive monthly payments of disability benefits (regardless of the actual payment frequency). If Executive becomes disabled as provided in this Section 6, then Executive he shall nonetheless continue, after becoming so disabled and until the end of the Term, to be entitled to receive at MetroCommerce's expense such group hospitalization coverage, life insurance coverage and disability coverage as is generally made available from time to time to executive officers of MetroCommerce, if and to the extent permitted by the respective insurers of such coverage. Until such time as Executive is determined to be disabled as defined in Section 6.2disabled, Executive shall continue to receive Executive’s his/her full base salary and other compensation and fringe benefits due him him/her under Section 4 above.