Common use of Disability of Executive Clause in Contracts

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary and vacation.

Appears in 14 contracts

Samples: Executive Employment Agreement (CRC Crystal Research Corp), Executive Employment Agreement (CRC Crystal Research Corp), Executive Employment Agreement (CRC Crystal Research Corp)

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Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary Salary, accrued bonus (if any) and accrued vacation.

Appears in 9 contracts

Samples: Employment Agreement (Advanced Id Corp), Employment Agreement (Magnegas Corp), Employment Agreement (Magnegas Corp)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 180 consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary and vacation.

Appears in 9 contracts

Samples: Employment Agreement (Amphitrite Digital Inc), Executive Employment Agreement (Oncologix Tech Inc.), Employment Agreement (Amphitrite Digital Inc)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary and vacation.

Appears in 5 contracts

Samples: Employment Agreement (Small Business Co), Employment Agreement (Small Business Co), Employment Agreement (Moregain Pictures, Inc.)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred and twenty 120 [120] consecutive calendar days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary and vacation.

Appears in 4 contracts

Samples: Employment Agreement (Md Technologies Inc), Employment Agreement (Md Technologies Inc), Employment Agreement (Md Technologies Inc)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 sixty consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary and vacation, such benefits as Executive is entitled to as a matter of law, and the other payments described in this Article 10.

Appears in 4 contracts

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

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 thirty (30) consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary and vacation.

Appears in 3 contracts

Samples: Executive Employment Agreement (MJ Holdings, Inc.), Employment Agreement (MJ Holdings, Inc.), Executive Employment Agreement (MJ Holdings, Inc.)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his or her essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 180 consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary and vacationTermination Benefits set forth in Section 4(g)(1).

Appears in 2 contracts

Samples: Employment Agreement (FTE Networks, Inc.), Executive Employment Agreement (FTE Networks, Inc.)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 [90] consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary and vacation.

Appears in 2 contracts

Samples: Employment Agreement (Acorn Holding Corp), Consulting Agreement (Acorn Holding Corp)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 [120] consecutive daysdays (a "Disability"). Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary Salary, Additional Percentage Compensation, prorated Bonus to the date of such disability, and vacationvacation accrued to the date of Disability.

Appears in 2 contracts

Samples: Employment Agreement (Knockout Holdings, Inc.), Employment Agreement (Knockout Holdings, Inc.)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than 60 (sixty) consecutive days or 90 (ninety) cumulative days within one hundred twenty 120 consecutive dayscalendar year. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary and vacation.

Appears in 2 contracts

Samples: Employment Agreement (Wallstreet Racing Stables Inc), Employment Agreement (Wallstreet Racing Stables Inc)

Disability of Executive. The In the event that Executive, due to any physical or mental illness, injury or condition, has been absent from his duties with the Company for more than 180 days (whether or not consecutive) during any 12-month period, the Company may terminate this Agreement without liability if immediately upon notice to Executive, in which case the Company shall pay to Executive shall be permanently prevented from properly performing or his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 consecutive days. Upon such termination, Executive shall be entitled to legal guardian all accrued but unpaid Base Salary and vacationcompensation (including any bonus previously declared or determined) earned to the date of such termination.

Appears in 2 contracts

Samples: Executive Employment Agreement (Healthstream Inc), Executive Employment Agreement (Healthstream Inc)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 360 consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary for the remainder of the contract period, accrued bonus (if any) and accrued vacation.

Appears in 2 contracts

Samples: Employment Agreement (OrgHarvest, Inc.), Employment Agreement (OrgHarvest, Inc.)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 45 consecutive daysdays . Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary and vacation.PTO . i)

Appears in 2 contracts

Samples: Executive Employment Agreement (Motos America, Inc.), Executive Employment Agreement (Motos America, Inc.)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary and vacationvacation and one year’s base salary paid over one year.

Appears in 2 contracts

Samples: Employment Agreement (Trellis Earth Products Inc), Employment Agreement (Trellis Earth Products Inc)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his her essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 (20) consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary and vacation.

Appears in 2 contracts

Samples: Employment Agreement (FilmOn.TV Networks Inc.), Employment Agreement (FilmOn.TV Networks Inc.)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 30 consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary bonus (if any) and accrued vacation.

Appears in 2 contracts

Samples: Master Grower Employment Agreement (OrgHarvest, Inc.), Master Grower Employment Agreement (OrgHarvest, Inc.)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary Salary, severance pay in the amount of six (6) months of Base Salary, accrued bonus (if any) and accrued vacation.

Appears in 1 contract

Samples: Employment Agreement (Dussault Apparel Inc.)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from (1) becomes unable to properly performing his essential duties hereunder with reasonable accommodation by reason of disability, illness or other physical or mental incapacity for a period of more than one hundred twenty 120 90 consecutive daysdays or (2) dies. The Board shall make such determination in good faith and based upon the recommendation of such medical personnel as it deems reasonable. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary and vacationSalary.

Appears in 1 contract

Samples: OncBioMune Pharmaceuticals, Inc

Disability of Executive. The Company may terminate this Agreement ----------------------- without liability or obligation to pay any sums, other than accrued but unpaid salary, vacation or other benefits, if Executive shall be permanently is prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary and vacation(20) working days in any three (3) month period.

Appears in 1 contract

Samples: Termination Compensation Agreement (West Marine Inc)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his her essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary and vacation.

Appears in 1 contract

Samples: Employment Agreement (Moregain Pictures, Inc.)

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Disability of Executive. The Company may terminate this Agreement without liability if In the event that Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other has been at any time unable due to any physical or mental incapacity illness, injury or condition to adequately perform the essential functions of the duties required under the terms of this Agreement for a period of more than one hundred twenty 120 consecutive (120) days. Upon such termination, the Company may terminate this Agreement, in which case the Company shall pay to Executive shall be entitled to or his or her legal guardian all accrued but unpaid Base Salary and vacationcompensation (including Additional Compensation) earned to the date of such termination.

Appears in 1 contract

Samples: Employment Agreement (ShiftPixy, Inc.)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 [90] consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary and vacationvacation as well as any disability payment that the Executive is entitled to under the benefit plan described in Section 3 (b) above.

Appears in 1 contract

Samples: Employment Agreement (Conexant Systems Inc)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical 4 5 or mental incapacity for a period of more than one hundred twenty 120 consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary Salary, accrued bonus (if any) and accrued vacation.

Appears in 1 contract

Samples: Employment Agreement (Bigstar Entertainment Inc /Ny)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his her essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 180 consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary Salary, accrued bonus (if any) and accrued vacation.

Appears in 1 contract

Samples: Employment Agreement (Insight Management Corp)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 180 consecutive days. Upon such termination, Executive shall be entitled to severance pay for a period equal to the remaining term of employment, as set forth in paragraph 1(a), all accrued but unpaid Base Salary Salary, accrued bonus (if any) and accrued vacation.

Appears in 1 contract

Samples: Executive Employment Agreement (FTE Networks, Inc.)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 ninety (90) consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary and vacationvacation as stated in 8.5 above.

Appears in 1 contract

Samples: Executive Employment Agreement (Oncologix Tech Inc.)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall permanently be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 180 consecutive days. Upon such termination, Executive Executive, he shall be entitled to all benefits of 1 year Executive’s Base Salary at its then established levels in addition to accrued but unpaid Base Salary and vacationSalary.

Appears in 1 contract

Samples: Confidential Employment Agreement (Ubroadcast, Inc.)

Disability of Executive. The Company may terminate this Agreement ----------------------- without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary and vacation.

Appears in 1 contract

Samples: Employment Agreement (Autoexotica International LTD)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 45 consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary and vacationPTO.

Appears in 1 contract

Samples: Employment Agreement (Motos America, Inc.)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 180 consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary Salary, accrued bonus (if any) and accrued vacation. The Executive has 90 days to exercise any outstanding Stock Options vested but not exercised.

Appears in 1 contract

Samples: Ceo Employment Agreement (Quantum Solar Power Corp.)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 60 consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary and vacation.

Appears in 1 contract

Samples: Employment Agreement (True Leaf Medicine International Ltd.)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall permanently be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 (120) consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid continue to receive Base Salary and vacationbonus, in the amounts in effect at the time of termination, for a period of twelve (12) months following termination, but if, and only if, Executive executes a valid and comprehensive release of any and all wrongful termination claims that the Executive may have against the Company in a form provided by the Company.

Appears in 1 contract

Samples: Employment Agreement (United Network Marketing Services Inc)

Disability of Executive. The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary and vacationvacation and one year's base salary paid over one year.

Appears in 1 contract

Samples: Employment Agreement (Trellis Earth Products Inc)

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