Common use of Disability Clause in Contracts

Disability. The Company may terminate the Executive's employment hereunder if the Executive, by reason of physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave).

Appears in 7 contracts

Sources: Employment Agreement (Gusana Explorations Inc), Share Exchange Agreement (Gusana Explorations Inc), Employment Agreement (Ocean Ventures Inc)

Disability. The Company may shall be entitled to terminate the Executive's ’s employment hereunder if for “Disability” if, as a result of the Executive, by reason of ’s incapacity due to physical or mental disabilityillness or injury, is after any accommodation required by law, the Executive shall have been unable to fulfil perform his obligations and duties hereunder on a full time basis for a period of ninety (90) consecutive days, and within thirty (30) days after Notice of Termination (as defined in Section 4 months in any 12 month below) for Disability is given following such 90-day period (other than by reason the Executive shall not have returned to the performance of authorized vacation or leave)his duties on a full-time basis.

Appears in 7 contracts

Sources: Employment Agreement (On Semiconductor Corp), Employment Agreement (On Semiconductor Corp), Employment Agreement (On Semiconductor Corp)

Disability. The Company may terminate the Executive's employment hereunder if the Executiveshall be deemed to have been terminated for "Disability" if, by reason as a result of his incapacity due to physical or mental disabilityillness, is unable to fulfil he shall have been absent from his obligations and duties hereunder with the Corporation on a full full-time basis for a the entire period of 4 months in any 12 four consecutive months, and within 30 days after written notice of termination is given (which may occur before or after the end of such four-month period (other than by reason period) he shall not have returned to the full-time performance of authorized vacation or leave)his duties.

Appears in 7 contracts

Sources: Change in Control Agreement (Barry R G Corp /Oh/), Change in Control Agreement (Barry R G Corp /Oh/), Severance Agreement (Barry R G Corp /Oh/)

Disability. The Company may terminate the Executive's employment hereunder if the Executive, by reason of physical or mental disability, is If Executive becomes unable to fulfil his obligations and perform the duties specified hereunder on due to partial or total disability or incapacity resulting from a full time basis mental or physical illness, injury, or any other medical cause, for a period of 4 months in three consecutive full calendar months, or for a cumulative period of 90 business days within any 12 month period (other than one-year, then, the Company shall have the right to terminate Executive’s employment pursuant to this Agreement by reason of authorized vacation or leave).written notice to Employment;

Appears in 7 contracts

Sources: Employment Agreement (VisionWave Holdings, Inc.), Employment Agreement (VisionWave Holdings, Inc.), Employment Agreement (VisionWave Holdings, Inc.)

Disability. The Company may shall be entitled to terminate the Executive's ’s employment hereunder if for “Disability” if, as a result of the Executive, by reason of ’s incapacity due to physical or mental disabilityillness or injury, is the Executive shall have been unable to fulfil perform his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period one hundred eighty (other than by reason of authorized vacation or leave)180) consecutive days.

Appears in 6 contracts

Sources: Employment Agreement (Aptalis Pharma Inc), Employment Agreement (BioArray Solutions LTD), Employment Agreement (Axcan Intermediate Holdings Inc.)

Disability. The Company may shall have the right to terminate the Executive's ’s employment hereunder if the for Disability (as defined below). “Disability” shall mean Executive, by reason of physical or mental disability, is unable ’s inability to fulfil his obligations and perform Executive’s duties hereunder on a full full-time basis for a period of 4 months ninety (90) days during any three hundred sixty-five (365) day period, as a result of physical or mental incapacity as determined by a medical doctor reasonably selected in any 12 month period (other than good faith by reason of authorized vacation or leave)the Company. Any action taken pursuant to this Section 7(b) shall be in accordance with the Americans with Disabilities Act.

Appears in 6 contracts

Sources: Employment Agreement, Employment Agreement (CAESARS ENTERTAINMENT Corp), Employment Agreement (CAESARS ENTERTAINMENT Corp)

Disability. The Company Executive’s employment may terminate the be terminated if, as a result of Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness, Executive is unable to fulfil perform his obligations and duties hereunder on for 180 consecutive days and, within 30 days after a full time basis for a period Notice of 4 months in any 12 month period Termination (other than by reason as defined below), which Notice of authorized vacation or leaveTermination may not be given until the expiration of such consecutive 180 day period, is given to Executive, Executive has not returned to work (“Disability”).

Appears in 6 contracts

Sources: Employment Agreement (Reliant Software, Inc.), Employment Agreement (Reliant Software, Inc.), Employment Agreement (Community Choice Financial Inc.)

Disability. The Company may terminate Executive’s employment shall be deemed to have been terminated for “Disability” if, as a result of the Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness, is unable to fulfil the Executive shall have been absent from his obligations and or her duties hereunder with the Corporation on a full full-time basis for a the entire period of 4 months in any 12 four consecutive months, and within 30 days after written notice of termination is given (which may occur before or after the end of such four-month period (other than by reason period) the Executive shall not have returned to the full-time performance of authorized vacation his or leave)her duties.

Appears in 6 contracts

Sources: Change in Control Agreement (Barry R G Corp /Oh/), Change in Control Agreement (Barry R G Corp /Oh/), Change in Control Agreement (Barry R G Corp /Oh/)

Disability. The Company may shall be entitled to terminate the Executive's ’s employment hereunder if for “Disability” if, as a result of the Executive, by reason of ’s incapacity due to physical or mental disabilityillness or injury, is the Executive shall have been unable to fulfil perform his obligations and duties hereunder on a full time basis for a period of ninety (90) consecutive days, and within thirty (30) days after Notice of Termination (as defined in Section 4 months in any 12 month below) for Disability is given following such 90-day period (other than by reason the Executive shall not have returned to the performance of authorized vacation or leave)his duties on a full-time basis.

Appears in 6 contracts

Sources: Employment Agreement (On Semiconductor Corp), Employment Agreement (On Semiconductor Corp), Employment Agreement (On Semiconductor Corp)

Disability. The In the event that Executive becomes disabled during his employment hereunder through any illness, injury, accident or condition of either a physical or psychological nature and, as a result, is unable to perform the essential functions of his position hereunder, with or without reasonable accommodation, for at least eighty (80) days during any period of one-hundred eighty (180) consecutive calendar days, the Company may terminate the Executive's ’s employment hereunder if with thirty (30) day written notice. In that event, the Company shall pay to the Executive, by reason any earned and unpaid Base Salary and his pro-rated annual Target Bonus through the date of physical termination. The Company shall have no further obligation or mental disability, is unable liability to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)the Executive.

Appears in 5 contracts

Sources: Employment Agreement (AntriaBio, Inc.), Employment Agreement (AntriaBio, Inc.), Employment Agreement (AntriaBio, Inc.)

Disability. The If, as a result of the Executive’s incapacity due to physical or mental illness as determined by a physician selected by the Executive, and reasonably acceptable to the Company, (i) the Executive shall have been substantially unable to perform his duties hereunder for two consecutive months, or for an aggregate of 60 days during any period of twelve consecutive months and (ii) within thirty days after written Notice of Termination is given to the Executive after such two- or twelve- month period, the Executive shall not have returned to the substantial performance of his duties on a full-time basis, the Company may shall have the right to terminate the Executive's ’s employment hereunder if the Executive, by reason of physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)“Disability”.

Appears in 5 contracts

Sources: Employment Agreement (Totaligent, Inc.), Employment Agreement (Praco Corp), Employment Agreement (Praco Corp)

Disability. The Company may immediately terminate the Executive's employment hereunder if due to his "Disability." For purposes of this Agreement, "Disability" shall mean a good faith determination by the Executive, by reason Board in accordance with applicable law that as a result of a physical or mental disabilityinjury or illness, the Executive is unable to fulfil perform the essential functions of his obligations and duties hereunder on a full time basis job with or without reasonable accommodation for a period of 4 months (i) ninety (90) consecutive days or (ii) one hundred eighty (180) days in any 12 twelve (12) month period (other than by reason of authorized vacation or leave)period.

Appears in 5 contracts

Sources: Employment Agreement (Greenville Tube CO), Employment Agreement (RathGibson Inc), Employment Agreement (RathGibson Inc)

Disability. The Company may terminate the Executive's ’s employment hereunder due to Executive’s “Disability” (defined below) while Executive is so Disabled. For purposes of this Agreement, a termination due to Executive’s “Disability” shall be deemed to have occurred if the Executive, by reason of physical or mental disability, is unable Executive has not been able to fulfil perform his obligations and material duties hereunder on for one hundred eighty (180) days in a full time basis for a period of 4 months in any 12 month period three hundred sixty five (other than by reason of authorized vacation or leave)365) day period.

Appears in 5 contracts

Sources: Executive Employment Agreement (CorMedix Inc.), Executive Employment Agreement (CorMedix Inc.), Executive Employment Agreement (CorMedix Inc.)

Disability. The Company Executive’s employment may terminate be terminated by the Executive's employment hereunder if Employer due to illness or other physical or mental disability of the Executive, by reason of physical or mental disability, is unable resulting in Executive’s inability to fulfil his obligations and perform substantially Executive’s duties hereunder on a full time basis under this Agreement for a period of 4 months ninety (90) or more consecutive days or for one hundred eighty (180) days in the aggregate during any 12 consecutive twelve (12) month period (other than by reason of authorized vacation or leave“Disability”).

Appears in 5 contracts

Sources: Executive Employment Agreement (Liquid Holdings Group, Inc.), Executive Employment Agreement (Liquid Holdings Group, Inc.), Executive Employment Agreement (Liquid Holdings Group, Inc.)

Disability. The Company may shall have the right to terminate the Executive's ’s employment hereunder if the for Disability by providing Executive with a Notice of Termination (as defined below) at least thirty (30) days prior to such termination. For purposes of this Agreement, “Disability” shall mean Executive, ’s becoming incapacitated by reason of sickness, accident or other physical or mental disability, is incapacity and having been unable to fulfil perform his obligations and normal duties hereunder on a full time basis for a period of 4 six (6) consecutive months in any 12 month period (other than by reason of authorized vacation or leave)as a result thereof.

Appears in 5 contracts

Sources: Employment Agreement (Aventine Renewable Energy Holdings Inc), Employment Agreement (Aventine Renewable Energy Holdings Inc), Employment Agreement (Aventine Renewable Energy Holdings Inc)

Disability. The Company If, in the reasonable good faith determination of the Board of Directors, as a result of the Executive's incapacity due to physical or mental illness or disability, the Executive shall have been incapable of performing his duties hereunder even with a reasonable accommodation on a full-time basis for the entire period of three consecutive months or any 90 days in a 180-day period, and within 30 days after written Notice of Termination (as defined in Section 6(c)) is given he shall not have returned to the performance of his duties hereunder on a full-time basis, the Employer may terminate the Executive's employment hereunder if the Executive, by reason of physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)hereunder.

Appears in 5 contracts

Sources: Employment Agreement (Sl Green Realty Corp), Employment Agreement (Sl Green Realty Corp), Employment and Noncompetition Agreement (Sl Green Realty Corp)

Disability. The Company may terminate Executive’s employment after having established Executive’s Disability, subject to the payment by the Company to Executive of the benefits provided in Section 7(b) hereof. For purposes of this Agreement, “Disability” shall mean Executive's employment ’s inability to substantially perform his duties and responsibilities hereunder if the Executive, by reason of any physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis incapacity for a period two or more periods of 4 months ninety (90) consecutive days each in any 12 month period three hundred and sixty (other than 360) day period, as determined by reason a physician with no history of authorized vacation prior dealings with the Company or leave)Executive, as reasonably agreed upon by the Company and Executive.

Appears in 5 contracts

Sources: Executive Employment Agreement (Ribapharm Inc), Executive Employment Agreement (Ribapharm Inc), Executive Employment Agreement (Ribapharm Inc)

Disability. The Company may terminate the Executive's employment hereunder if may be terminated by the Company in the event of Executive, by reason of 's physical or mental disability, is unable incapacity or inability to fulfil perform his obligations and duties hereunder on a full time basis as contemplated under this Agreement for a period of 4 months in any 12 month period at least one hundred twenty (other than by reason of authorized vacation or leave)120) consecutive days.

Appears in 5 contracts

Sources: Employment Agreement (Ibs Interactive Inc), Employment Agreement (Ibs Interactive Inc), Employment Agreement (Ibs Interactive Inc)

Disability. The If, as a result of Executive’s incapacity due to physical or mental impairment, Executive will have been substantially unable to perform his duties under this Agreement for a continuous period of 180 days or for 210 days within any one-year period, then the Company may terminate the Executive's ’s employment hereunder if the Executive, by reason as a result of physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)“Disability.

Appears in 5 contracts

Sources: Employment Agreement (Hyzon Motors Inc.), Employment Agreement (Hyzon Motors Inc.), Employment Agreement (Hyzon Motors Inc.)

Disability. The Company may terminate the Executive's employment hereunder if the hereunder, upon written notice to Executive, by reason in the event that Executive becomes disabled during the Term through any condition of either a physical or mental disabilitypsychological nature and, is as a result, is, with or without reasonable accommodation, unable to fulfil his obligations and duties perform the essential functions of the services contemplated hereunder on a full time basis for (a) a period of 4 months in ninety (90) consecutive days, or (b) for shorter periods aggregating one hundred twenty (120) days during any 12 twelve (12) month period (other than by reason of authorized vacation or leave)during the Term.

Appears in 5 contracts

Sources: Employment Agreement (Convergent Holding Corp), Employment Agreement (Convergent Holding Corp), Employment Agreement (Convergent Holding Corp)

Disability. The Company may terminate the If, as a result of Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental illness or disability, Executive shall have been incapable of performing his duties hereunder even with a reasonable accommodation on a full-time basis for the entire period of four consecutive months or any one hundred and twenty (120) days in a one hundred and eighty day (180-day) period, and within thirty (30) days after written Notice of Termination (as defined in Section 6(d)) is unable given he shall not have returned to fulfil the performance of his obligations and duties hereunder on a full full-time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)basis, the Employer may terminate Executive’s employment hereunder.

Appears in 5 contracts

Sources: Employment Agreement (Sl Green Realty Corp), Employment Agreement (Sl Green Realty Corp), Employment Agreement (Sl Green Realty Corp)

Disability. The Company may terminate the Executive's employment after having established Executive's Disability, subject to the payment by the Company to Executive of the benefits provided in Section 7(b) hereof. For purposes of this Agreement, "Disability" shall mean Executive's inability to substantially perform his duties and responsibilities hereunder if the Executive, by reason of any physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis incapacity for a period two or more periods of 4 months ninety (90) consecutive days each in any 12 month period three hundred and sixty (other than 360) day period, as determined by reason a physician with no history of authorized vacation prior dealings with the Company or leave)Executive, as reasonably agreed upon by the Company and Executive.

Appears in 5 contracts

Sources: Executive Employment Agreement (Commerce Energy Group Inc), Settlement Agreement (Commerce Energy Group Inc), Settlement Agreement (Commerce Energy Group Inc)

Disability. The Company may terminate the Executive's employment hereunder if may be terminated by the Company due to illness or other physical or mental disability of the Executive, by reason of physical or mental disability, is unable resulting in his inability to fulfil perform substantially his obligations and duties hereunder on a full time basis under this Agreement for a period of 4 months ninety (90) or more consecutive days or for one hundred eighty (180) days in the aggregate during any 12 consecutive twelve (12) month period (other than by reason of authorized vacation or leave"Disability").

Appears in 5 contracts

Sources: Employment Agreement (Orion Healthcorp Inc), Employment Agreement (Orion Healthcorp Inc), Employment Agreement (Orion Healthcorp Inc)

Disability. The Company may terminate the Executive's ’s employment hereunder if the ExecutiveExecutive becomes subject to a Disability. For purposes of this Agreement, by reason of physical or mental disability, “Disability” means the Executive is unable to fulfil perform the essential functions of his obligations and duties hereunder on position as Executive Vice President , with or without a full time basis reasonable accommodation, for a period of 4 months in one-hundred twenty (120) consecutive days or one-hundred eighty (180) days during any 12 rolling consecutive twelve (12) month period (other than by reason of authorized vacation or leave)period.

Appears in 4 contracts

Sources: Employment Agreement (Petro River Oil Corp.), Employment Agreement (Petro River Oil Corp.), Employment Agreement (Petro River Oil Corp.)

Disability. The Company may terminate the If, as a result of Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental illness or disability, Executive shall have been incapable of performing his duties hereunder even with a reasonable accommodation on a full-time basis for the entire period of four consecutive months or any one hundred and twenty (120) days in a one hundred and eighty (180) day period, and within thirty (30) days after written Notice of Termination (as defined in Section 6(d)) is unable given he shall not have returned to fulfil the performance of his obligations and duties hereunder on a full full-time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)basis, the Employer may terminate Executive’s employment hereunder.

Appears in 4 contracts

Sources: Employment Agreement (Sl Green Operating Partnership, L.P.), Employment Agreement (Sl Green Realty Corp), Employment and Noncompetition Agreement (Sl Green Realty Corp)

Disability. The Company may may, at its option, terminate the Executive's employment hereunder under this Agreement upon written notice to Executive if the Executive, by reason because of physical or mental incapacity or disability, is unable fails to fulfil perform the essential functions of his obligations and duties hereunder on a full time basis position, with reasonable accommodation, required of him under this Agreement for a continuous period of 4 months in 120 days or any 12 180 days within any 12-month period (other than by reason of authorized vacation or leave)period.

Appears in 4 contracts

Sources: Employment Agreement (Rentrak Corp), Employment Agreement (Rentrak Corp), Employment Agreement (Rentrak Corp)

Disability. The Company may shall have the right to terminate the Executive's employment hereunder if during the ExecutiveEmployment Term upon not less than thirty (30) days prior written notice to Executive or his personal representative if, by reason because of mental or physical or mental disability, is unable to fulfil Executive shall have been incapable, with reasonable accommodation, of satisfactorily performing the essential functions of his obligations and duties hereunder on a full time basis job under Section 2 hereof for a continuous period of 4 months one hundred twenty (120) days or for a total period of two hundred ten (210) days in any 12 month three hundred sixty (360) day-period (other than by reason prior to the date of authorized vacation or leave)such notice.

Appears in 4 contracts

Sources: Employment Agreement (Triumph Group Inc /), Employment Agreement (Triumph Group Inc /), Employment Agreement (Triumph Group Inc /)

Disability. The In the event that the Executive shall, because of illness or incapacity, physical or mental, be unable to perform the duties and services to be performed by him hereunder for a consecutive period of six months, or nine months during any twelve month period, the Company may terminate the Executive's employment of the Executive hereunder if after the Executive, by reason expiration of physical or mental disability, is unable such period. The Executive shall be entitled to fulfil receive his obligations and duties hereunder on a full time basis for a period base salary up to the date of 4 months in any 12 month period (other than by reason of authorized vacation or leave)such termination.

Appears in 4 contracts

Sources: Employment Agreement (Hjelms Jim Private Collection LTD /De/), Employment Agreement (Micronetics Wireless Inc), Employment Agreement (Micronetics Wireless Inc)

Disability. The Company may terminate If during the Executive's employment hereunder if the ExecutiveTerm of this Agreement, by reason of physical Executive becomes physically or mental disability, is mentally unable to fulfil his obligations perform her duties for the Company hereunder and duties hereunder on such incapacity has continued for a full time basis for total of ninety (90) consecutive days or any one hundred twenty (120) days in a period of 4 months in any 12 month period three hundred sixty-five (other than by reason of authorized vacation or leave365) consecutive days (“Disability”), then the Company shall have the right to terminate Executive’s employment with the Company upon written notice to Executive.

Appears in 4 contracts

Sources: Employment Agreement (Empire Resorts Inc), Employment Agreement (Empire Resorts Inc), Employment Agreement (Empire Resorts Inc)

Disability. The Company may shall have the right to terminate the Executive's ’s employment hereunder if the Executive, Board of Directors determines that the Executive is unable to perform his duties by reason of Disability. As used herein, “Disability” shall mean the inability of the Executive due to physical or mental disability, is unable illness or injury to fulfil perform his obligations and duties hereunder on a full time basis for a any period of 4 months in any 12 month period (other than by reason 180 consecutive days and the return of authorized vacation the Executive to his duties for periods of 15 days or leave)less shall not interrupt such 180 day period.

Appears in 4 contracts

Sources: Employment Agreement (Capital Lease Funding Inc), Employment Agreement (Capital Lease Funding Inc), Employment Agreement (Capital Lease Funding Inc)

Disability. The Company may terminate the If, as a result of Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness, is Executive shall have been substantially unable to fulfil perform his obligations and duties hereunder on a full time basis for a an entire period of 4 months at least 90 consecutive days or 180 non-consecutive days within any 365-day period, the Company shall have the right to terminate Executive’s employment hereunder for “Disability”, and such termination in any 12 month period (other than by reason and of authorized vacation or leave)itself shall not be, nor shall it be deemed to be, a breach of this Agreement.

Appears in 4 contracts

Sources: Employment Agreement (Greenlight Capital Re, Ltd.), Employment Agreement (Greenlight Capital Re, Ltd.), Employment Agreement (Greenlight Capital Re, Ltd.)

Disability. The Company may terminate the Executive's ’s employment hereunder if the ExecutiveExecutive becomes subject to a Disability. For purposes of this Agreement, by reason of physical or mental disability, “Disability” means the Executive is unable to fulfil perform the essential functions of his obligations position as Founder and duties hereunder on Chairman Emeritus, with or without a full time basis reasonable accommodation, for a period of 4 months in ninety (90) consecutive calendar days or one hundred eighty (180) non-consecutive calendar days within any 12 rolling twelve (12) month period (other than by reason of authorized vacation or leave)period.

Appears in 4 contracts

Sources: Service Agreement, Executive Employment Agreement (Armeau Brands Inc.), Executive Employment Agreement (Armeau Brands Inc.)

Disability. The Company Company, at its option, may terminate Executive’s employment upon the Disability of Executive's employment hereunder if the Executive. For purposes of this Agreement, by reason of “Disability” shall mean physical or mental disability, is incapacity that renders Executive unable to fulfil his obligations perform the normal and customary duties hereunder on of employment of Executive even with a full time basis reasonable accommodation for (A) 120 days in any twelve (12) month period or (B) for a period of 4 months in any 12 month period ninety (other than by reason of authorized vacation or leave)90) successive days.

Appears in 4 contracts

Sources: Employment Agreement (Western Digital Corp), Employment Agreement (Western Digital Corp), Employment Agreement (Western Digital Corp)

Disability. The Company may terminate the Executive's employment hereunder if the Executivefor ---------- "Disability" if, by reason of due to physical or mental disabilityillness or incapacity, is unable to fulfil Executive shall not have performed his obligations and duties hereunder with the Company on a full substantially full- time basis for (i) six (6) consecutive months, or (ii) for a total of 180 days in any given period of 4 months in any 12 month twelve (12) consecutive months, but only if Executive shall not have returned to the full-time performance of his duties with the Company during the thirty (30) day period (other than following the delivery by reason the Company of authorized vacation or leave)a written notice of termination for Disability.

Appears in 4 contracts

Sources: Change in Control Agreement (Burns International Services Corp), Change in Control Agreement (Burns International Services Corp), Change in Control Agreement (Burns International Services Corp)

Disability. The Company may terminate If, as a result of the Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness, is the Executive shall have been substantially unable to fulfil perform his obligations and duties hereunder on a full time basis for a an entire period of 4 months in at least 90 consecutive days or 180 non-consecutive days within any 12 month 365-day period (other than by reason “Disability”), the Employer shall have the right to terminate the Employment and the Employment Period without further notice and such termination in and of authorized vacation or leave)itself shall not be, nor shall it be deemed to be, a breach of this Agreement.

Appears in 4 contracts

Sources: Employment Agreement (Greenlight Capital Re, Ltd.), Employment Agreement (Greenlight Capital Re, Ltd.), Employment Agreement (Greenlight Capital Re, Ltd.)

Disability. The Company may shall have the right to terminate the Executive's employment hereunder if during the ExecutivePeriod of Employment upon not less than thirty (30) days prior written notice to Executive or his personal representative if, by reason because of mental or physical or mental disability, is unable to fulfil Executive shall have been incapable, with reasonable accommodation, of satisfactorily performing his obligations and duties hereunder on a full time basis under Section 2 hereof for a continuous period of 4 months one hundred twenty (120) days or for a total period of two hundred ten (210) days in any 12 month three hundred sixty (360) day-period (other than by reason prior to the date of authorized vacation or leave)such notice.

Appears in 4 contracts

Sources: Employment Agreement (Triumph Group Inc /), Employment Agreement (Triumph Group Inc /), Employment Agreement (Triumph Group Inc /)

Disability. The Company may terminate the Executive's employment hereunder if the Executive, by reason of due to physical or mental disabilityinjury or illness, is unable to fulfil his obligations and perform the Executive's duties hereunder on a full time basis under this Agreement for a period an aggregate of 4 months in 135 days out of any 12 month period (other than by reason of authorized vacation or leave)270 day period.

Appears in 4 contracts

Sources: Employment Agreement (Golden Bear Golf Inc), Employment Agreement (Golden Bear Golf Inc), Employment Agreement (Golden Bear Golf Inc)

Disability. The If, as a result of the Executive’s incapacity due to physical or mental illness, the Executive shall have been unable to perform the essential functions of her position, even with reasonable accommodation that does not impose an undue hardship on the Company, on a full-time basis for the entire period of six (6) consecutive months, and within thirty (30) days after written notice of termination is given (which may occur before or after the end of such six-month period), shall not have returned to the performance of her duties hereunder on a full-time basis (a “disability”), the Company may terminate the Executive's ’s employment hereunder if the Executive, by reason on account of physical or mental such disability, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave).

Appears in 3 contracts

Sources: Executive Severance Agreement (Apria, Inc.), Executive Severance Agreement (Apria, Inc.), Executive Severance Agreement (Apria Healthcare Group Inc)

Disability. The Company may shall at all times have the right, upon written notice to the Executive, to terminate the Executive's employment hereunder hereunder, if the ExecutiveExecutive shall, by reason as the result of mental or physical incapacity, illness or mental disability, is become unable to fulfil perform the essential functions of his obligations and duties hereunder on a full time basis position, with or without reasonable accommodation, for a period of 4 months in 90 consecutive days or a period of 120 days during any 12 month period (period. Upon termination of the Executive's employment with the Company pursuant to this Section 3.3, the Executive shall, subject to the other than by reason provisions of authorized vacation or leave)this Agreement, only be entitled to the compensation specified in Sections 4.3, 4.6 and 4.8 hereof.

Appears in 3 contracts

Sources: Employment Agreement (Hi Rise Recycling Systems Inc), Employment Agreement (Hi Rise Recycling Systems Inc), Employment Agreement (Hi Rise Recycling Systems Inc)

Disability. The Company may terminate In the Executive's employment hereunder if the Executive, by reason of physical or mental disability, is unable to fulfil event that Executive shall suffer a disability which shall have prevented him from performing satisfactorily his obligations and duties hereunder on a full time basis for a period of 4 months at least 90 consecutive days, or 180 non-consecutive days within any 365 day period, the Company shall have the right to terminate Executive's employment, such termination to be effective upon the giving of notice thereof to Executive in any 12 month period (other than by reason of authorized vacation or leave)accordance with Section 6.03 hereof.

Appears in 3 contracts

Sources: Employment Agreement (Ogara Co /Oh/), Employment Agreement (Ogara Co /Oh/), Employment Agreement (Ogara Co /Oh/)

Disability. The If, as a result of Executive's incapacity due to physical or mental illness, Executive shall have been substantially unable to perform his duties hereunder for 120 days in any 365 day period, the Company may shall have the right to terminate the Executive's employment hereunder if the Executivefor "Disability", by reason and such termination in and of physical or mental disabilityitself shall not be, is unable nor shall it be deemed to fulfil his obligations and duties hereunder on be, a full time basis for a period breach of 4 months in any 12 month period (other than by reason of authorized vacation or leave)this Agreement.

Appears in 3 contracts

Sources: Employment Agreement (Horizon Personal Communications Inc), Employment Agreement (Horizon Personal Communications Inc), Employment Agreement (Horizon Personal Communications Inc)

Disability. The Company may shall be entitled to terminate the Executive's ’s employment hereunder if for “Disability” if, as a result of the Executive’s incapacity due to physical or mental illness or injury, the Executive (i) shall be become eligible to receive a benefit under the Company’s long-term disability plan applicable to the Executive, by reason of physical or mental disability(ii) if no such long-term disability plan is applicable to the Executive, is the Executive shall have been unable to fulfil perform his obligations and duties hereunder on a full time basis for a period of 4 months ninety (90) consecutive days or a period of ninety (90) days in any 12 month period one hundred eighty (other than by reason of authorized vacation or leave)180) day period.

Appears in 3 contracts

Sources: Employment Agreement (Isola Group Ltd.), Employment Agreement (Isola Group Ltd.), Employment Agreement (Isola Group Ltd.)

Disability. The Company may terminate the Executive's ’s employment hereunder if the ExecutiveExecutive becomes subject to a Disability. For purposes of this Agreement, by reason of physical or mental disability, “Disability” means the Executive is unable to fulfil his obligations and duties hereunder on perform the essential functions of her position, with or without a full time basis reasonable accommodation, for a period of 4 months in 90 consecutive calendar days or 180 non-consecutive calendar days within any rolling 12 month period (other than by reason of authorized vacation or leave)period.

Appears in 3 contracts

Sources: Employment Agreement (Pricesmart Inc), Employment Agreement (Pricesmart Inc), Employment Agreement (Pricesmart Inc)

Disability. The Company may shall be entitled to terminate the Executive's ’s employment hereunder if for Disability. For purposes of this Agreement, “Disability” means the Executive, ’s inability by reason of physical or mental disabilityillness to fulfill his obligations hereunder for one hundred twenty (120) consecutive days or a total of one hundred eighty (180) days in any twelve (12)-month period which, is in the reasonable opinion of an independent physician selected by the Company or its insurers and reasonably acceptable to the Executive or the Executive’s legal representative, renders the Executive unable to fulfil perform the essential functions of his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than job, even after reasonable accommodations are made by reason of authorized vacation or leave)the Company.

Appears in 3 contracts

Sources: Employment Agreement (Century Communities, Inc.), Employment Agreement (Century Communities, Inc.), Employment Agreement (Century Communities, Inc.)

Disability. The Company Executive’s employment may terminate the be terminated if, as a result of Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness, Executive is unable to fulfil his obligations and perform her duties hereunder on for 180 consecutive days and, within 30 days after a full time basis for a period Notice of 4 months in any 12 month period Termination (other than by reason as defined below), which Notice of authorized vacation or leaveTermination may not be given until the expiration of such consecutive 180 day period, is given to Executive, Executive has not returned to work (“Disability”).

Appears in 3 contracts

Sources: Employment Agreement (Reliant Software, Inc.), Employment Agreement (Community Choice Financial Inc.), Employment Agreement (Community Choice Financial Inc.)

Disability. The Company may shall be entitled to terminate the Executive's employment hereunder if for "Disability" if, as a result of the Executive, by reason of 's incapacity due to physical or mental disabilityillness or injury, is the Executive shall have been unable to fulfil perform his obligations and duties hereunder on a full time basis for a period of ninety (90) consecutive days, and within thirty (30) days after Notice of Termination (as defined in Section 4 months in any 12 month period (other than by reason below) for Disability is given following such 90-day period, the Executive shall not have returned to the performance of authorized vacation or leave)his duties on a full-time basis.

Appears in 3 contracts

Sources: Employment Agreement (Semiconductor Components Industries LLC), Employment Agreement (On Semiconductor Corp), Employment Agreement (Semiconductor Components Industries LLC)

Disability. The If the Executive has been unable to perform his obligations hereunder for six consecutive months, or for at least 180 days during any calendar year, due to Disability, the Company may shall thereafter have the right to terminate the Executive's employment hereunder if upon at least 30 days' prior written notice to the ExecutiveExecutive of the effective date of such termination, by reason of physical or mental disability, is unable and thereupon the Executive shall be entitled solely to fulfil his obligations the payments and duties hereunder on a full time basis for a period of 4 months benefits set forth in any 12 month period (other than by reason of authorized vacation or leave)Section 7(b) hereof.

Appears in 3 contracts

Sources: Employment Agreement (Warner Chilcott PLC), Employment Agreement (Warner Chilcott PLC), Employment Agreement (Warner Chilcott PLC)

Disability. The Company may terminate the If, as a result of Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness, is the Executive shall have been substantially unable to fulfil perform his obligations and duties hereunder on a full time basis for a an entire period of 4 months in at least 90 consecutive days or 180 non-consecutive days within any 12 month 365-day period (other than by reason “Disability”), the Employer shall have the right to terminate the Employment without further notice and such termination in and of authorized vacation or leave)itself shall not be, nor shall it be deemed to be, a breach of this Agreement.

Appears in 3 contracts

Sources: Employment Agreement (Greenlight Capital Re, Ltd.), Employment Agreement (Greenlight Capital Re, Ltd.), Employment Agreement (Greenlight Capital Re, Ltd.)

Disability. The Company may shall have the right, but shall not be obligated to terminate the Executive's employment engagement hereunder if in the Executive, by reason of physical or mental disability, event the Executive becomes disabled such that he is unable to fulfil discharge his obligations and duties hereunder on a full time basis to the Company for a period of 4 months ninety (90) consecutive days or one hundred twenty (120) days in any 12 month period one hundred eighty (other than by reason of authorized vacation or leave180) consecutive day period, provided longer periods are not required under applicable local labor regulations (a "Permanent Disability").

Appears in 3 contracts

Sources: Consulting Services Agreement (Simlatus Corp), Consulting Services Agreement (Simlatus Corp), Consulting Services Agreement (Simlatus Corp)

Disability. The Company may shall be entitled to terminate the Executive's ’s employment hereunder if the for “Disability” if, as a result of Executive, by reason of ’s incapacity due to physical or mental disabilityillness or injury, is after any accommodation required by law, Executive shall have been unable to fulfil perform his obligations and duties hereunder on a full time basis for a period of ninety (90) consecutive days, and within thirty (30) days after Notice of Termination (as defined in Section 4 months in any 12 month period (other than by reason below) for Disability is given following such 90-day period, Executive shall not have returned to the performance of authorized vacation or leave)his duties on a full-time basis.

Appears in 3 contracts

Sources: Employment Agreement (On Semiconductor Corp), Employment Agreement (On Semiconductor Corp), Employment Agreement (On Semiconductor Corp)

Disability. The Company may shall be entitled to terminate the Executive's ’s employment hereunder if for “Disability” if, as a result of the Executive, by reason of ’s incapacity due to physical or mental disabilityillness or injury, is after any accommodation required by law, the Executive shall have been unable to fulfil his obligations and perform the Executive’s duties hereunder on a full time basis for a period of 4 months in any 12 month ninety (90) consecutive days, and within thirty (30) days after Notice of Termination (as defined below) for Disability is given following such 90-day period (other than by reason the Executive shall not have returned to the performance of authorized vacation or leave)his duties on a full-time basis.

Appears in 3 contracts

Sources: Severance and Change in Control Agreement (On Semiconductor Corp), Severance and Change of Control Agreement (On Semiconductor Corp), Severance and Change of Control Agreement (On Semiconductor Corp)

Disability. The Company may terminate the If, as a result of Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness, is Executive shall have been substantially unable to fulfil perform his obligations and duties hereunder on a full time basis for a period of 4 months at least 120 consecutive days or 180 non-consecutive days within any 365-day period, the Company shall have the right to terminate Executive’s employment hereunder for “Disability”, and such termination in and of itself shall not be, nor shall it be deemed to be, a breach of this Agreement or any 12 month period (other than by reason of authorized vacation or leave)law.

Appears in 3 contracts

Sources: Employment Agreement (Max Capital Group Ltd.), Employment Agreement (Max Capital Group Ltd.), Employment Agreement (Max Capital Group Ltd.)

Disability. (i) The Company may terminate the Executive's employment hereunder if hereunder, upon notice to the Executive, by reason in the event that the Executive becomes disabled during his employment hereunder through any illness, injury, accident or condition of either a physical or mental disabilitypsychological nature and, as a result, is unable to fulfil perform substantially all of his obligations duties and duties responsibilities hereunder on a full time basis for a ninety (90) days during any period of 4 months three hundred sixty-five (365) consecutive calendar days. (ii) The Board may designate another employee to act in the Executive's place during any 12 month period (other than by reason of authorized vacation or leave)the Executive's disability.

Appears in 3 contracts

Sources: Employment Agreement (Provant Inc), Employment Agreement (Provant Inc), Employment Agreement (Provant Inc)

Disability. The Company may shall be entitled to terminate the Executive's ’s employment hereunder if the Executive, by reason of the Executive’s “Disability” if, as a result of the Executive’s incapacity due to physical or mental disabilityillness, is the Executive shall have been unable to fulfil perform his obligations and duties hereunder on a full time basis for a period of 4 six (6) consecutive months or for 180 days within any 365-day period, and within 30 days after written Notice of Termination (as defined below) for Disability is given following such 6-month or 180-day period, as the case may be, the Executive shall not have returned to the performance of his duties in any 12 month period (other than by reason of authorized vacation or leave)accordance with this Agreement.

Appears in 3 contracts

Sources: Employment Agreement (J Crew Group Inc), Employment Agreement (J Crew Operating Corp), Employment Agreement (J Crew Group Inc)

Disability. The Company may terminate the Executive's ’s employment hereunder due to Executive’s “Disability” (defined below) while Executive is so Disabled. For purposes of this Agreement, a termination due to Executive’s “Disability” shall be deemed to have occurred if the Executive has not been able to perform Executive, by reason of physical or mental disability, is unable to fulfil his obligations and ’s material duties hereunder on for one hundred eighty (180) days in a full time basis for a period of 4 months in any 12 month period three hundred sixty five (other than by reason of authorized vacation or leave)365) day period.

Appears in 3 contracts

Sources: Executive Employment Agreement (CorMedix Inc.), Executive Employment Agreement (CorMedix Inc.), Executive Employment Agreement (CorMedix Inc.)

Disability. The If Executive incurs a Disability, the Company may terminate Executive’s employment for Disability, upon thirty (30) days written notice by a Notice of Disability Termination, at any time thereafter during such twelve (12) month period while Executive is unable to carry out his duties as a result of the Executive's employment hereunder if the Executive, by reason of same or related physical or mental disability, is unable illness or incapacity. Such termination shall not be effective if Executive returns to fulfil his obligations and duties hereunder on a the full time basis for a period performance of 4 months in any 12 month period his material duties within such thirty (other than by reason of authorized vacation or leave)30) day period.

Appears in 3 contracts

Sources: Employment Agreement (Jacuzzi Brands Inc), Employment Agreement (Jacuzzi Brands Inc), Employment Agreement (RBS Global Inc)

Disability. The Company may terminate In the Executive's employment hereunder if the Executive, by reason of physical or mental disability, is unable to fulfil event that Executive shall suffer a ---------- disability which shall have prevented him from performing satisfactorily his obligations and duties hereunder on a full time basis for a period of 4 months at least 90 consecutive days, or 180 non- consecutive days within any 365 day period, the Company shall have the right to terminate Executive's employment for "Disability," such termination to be effective upon the giving of notice thereof to Executive in any 12 month period (other than by reason of authorized vacation or leave)accordance with Section 6.03 hereof.

Appears in 3 contracts

Sources: Employment Agreement (Knoll Inc), Employment Agreement (Knoll Inc), Employment Agreement (Knoll Inc)

Disability. The Company may terminate the If, as a result of Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness, is Executive shall have been substantially unable to fulfil perform his obligations and duties hereunder for an entire period of 180 days, and within 30 days after written Notice of Termination is given after such 180-day period, Executive shall not have returned to the substantial performance of his duties on a full full-time basis basis, the Company will have the right to terminate Executive’s employment hereunder for “Disability”, and such termination in and of itself shall not be, nor shall it be deemed to be, a period breach of 4 months in any 12 month period (other than by reason of authorized vacation or leave)this Agreement.

Appears in 3 contracts

Sources: Employment Agreement (Vornado Realty Lp), Employment Agreement (Vornado Realty Trust), Employment Agreement (Vornado Realty Trust)

Disability. The Company may terminate the Executive's employment hereunder if after having established the Executive's Disability or the Executive can terminate if he has established his Disability. For purposes of this Agreement, by reason of "Disability" means a physical or mental disability, is unable infirmity which impairs the Executive's ability to fulfil substantially perform his obligations and duties hereunder on a full time basis under this Agreement for a period of 4 months in at least one hundred eighty (180) days during any 12 month period (other than by reason of authorized vacation or leave)365-consecutive-day period.

Appears in 3 contracts

Sources: Employment Agreement (MCG Capital Corp), Employment Agreement (MCG Capital Corp), Employment Agreement (MCG Capital Corp)

Disability. The Company may terminate the Executive's ’s employment hereunder if he is disabled and unable to perform the essential functions of the Executive, by reason of physical ’s then existing position or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis positions under this Agreement with or without reasonable accommodation for a period of 4 months 180 days (which need not be consecutive) in any 12 month period twelve (other than by reason of authorized vacation or leave)12)-month period.

Appears in 3 contracts

Sources: Employment Agreement (GrubHub Inc.), Employment Agreement (GrubHub Seamless Inc.), Employment Agreement (GrubHub Seamless Inc.)

Disability. The Company may terminate the Executive's ’s employment hereunder if the Executive, by reason of physical or mental disability, is unable to fulfil fulfill his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)) for a period in excess of 90 working days in any one-year period.

Appears in 3 contracts

Sources: Employment Agreement (Colombia Goldfields LTD), Employment Agreement (Colombia Goldfields LTD), Employment Agreement (Colombia Goldfields LTD)

Disability. The Company may terminate the Executive's ’s employment hereunder if the ExecutiveExecutive becomes subject to a Disability. For purposes of this Agreement, by reason of physical or mental disability, “Disability” means the Executive is unable to fulfil his obligations and duties hereunder on perform the essential functions of the Executive’s position, with or without a full time basis reasonable accommodation, for a period of 4 months in 90 consecutive calendar days or 180 non-consecutive calendar days within any rolling 12 month period (other than by reason of authorized vacation or leave)period.

Appears in 3 contracts

Sources: Employment Agreement (Dare Bioscience, Inc.), Employment Agreement (Dare Bioscience, Inc.), Employment Agreement (Dare Bioscience, Inc.)

Disability. The Company may shall have the right to terminate this Agreement and Executive’s employment by the Executive's employment Company hereunder if in the Executive, event that Executive shall be unable to perform his duties hereunder by reason virtue of illness or physical or mental disabilitydisability (from any cause or causes whatsoever) in substantially the manner and to the extent required of him hereunder prior to the commencement of such disability and Executive shall fail to perform such duties for periods aggregating sixty (60) days, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months whether or not continuous, in any 12 month period continuous three hundred sixty (other than by reason of authorized vacation or leave)360) day period.

Appears in 3 contracts

Sources: Employment Agreement (Tixfi Inc.), Employment Agreement (Tixfi Inc.), Employment Agreement (Tixfi Inc.)

Disability. The Company may terminate the Executive's ’s employment hereunder if the Executive shall have been substantially unable to perform the Executive, ’s material duties hereunder by reason of illness, physical or mental disabilitydisability or other similar incapacity, is unable to fulfil his obligations and duties hereunder on a full time basis which inability shall continue for a period of 4 months 120 consecutive days or 180 days in any 12 month twelve (12)-month period (other than a “Disability”) (provided, that until such termination, the Executive shall continue to receive the Executive’s compensation and benefits hereunder, reduced by reason of authorized vacation any benefits payable to the Executive under any applicable disability insurance policy or leaveplan).; or

Appears in 3 contracts

Sources: Employment Agreement (FVA Ventures, Inc.), Employment Agreement (FVA Ventures, Inc.), Employment Agreement (FVA Ventures, Inc.)

Disability. The If the Executive is unable to perform his duties hereunder as a result of any physical or mental disability (i) which continues for 60 consecutive days or (ii) for 90 days in any 365 consecutive-day period, then the Company may terminate this Agreement upon 30 days written notice to the Executive, provided that the Executive's employment hereunder if Base Salary shall continue to accrue ratably for 90 days after the date of the Executive, by reason of physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)'s termination.

Appears in 3 contracts

Sources: Annual Report, Employment Agreement (Innodata Isogen Inc), Employment Agreement (Innodata Isogen Inc)

Disability. The If, as a result of the Executive’s incapacity due to physical or mental illness, the Executive shall have been unable to perform the essential functions of his position, even with reasonable accommodation that does not impose an undue hardship on the Company, on a full-time basis for the entire period of six (6) consecutive months, and within thirty (30) days after written notice of termination is given (which may occur before or after the end of such six-month period), shall not have returned to the performance of his duties hereunder on a full-time basis (a “disability”), the Company may terminate the Executive's ’s employment hereunder if the Executive, by reason of physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)hereunder.

Appears in 3 contracts

Sources: Executive Severance Agreement (Apria Healthcare Group Inc), Executive Severance Agreement (Apria Healthcare Group Inc), Executive Severance Agreement (Apria Healthcare Group Inc)

Disability. The Company may If, as a result of Executive's incapacity due to physical or mental illness, Executive shall have been substantially unable to perform his duties hereunder for an entire period of at least 90 consecutive days or 180 non-consecutive days within any 365-day period, the Employer shall have the right to terminate the Executive's employment hereunder if the Executivefor “Disability,” and such termination in and of itself shall not be, by reason nor shall it be deemed to be, a breach of physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)this Agreement.

Appears in 2 contracts

Sources: Ceo Employment Agreement, Employment Agreement (Greenlight Capital Re, Ltd.)

Disability. The In the event that Executive becomes disabled during his employment hereunder through any illness, injury, accident or condition of either a physical or psychological nature and, as a result, is unable to perform the essential functions of his position hereunder, with or without reasonable accommodation, for at least eighty (80) days during any period of one-hundred eighty (180) consecutive calendar days, the Company may terminate the Executive's ’s employment hereunder if with thirty (30) day written notice. In that event, the Company shall pay to the Executive, by reason any earned and unpaid Base Salary and his pro-rated annual Target Bonus through the date of physical termination. The Company shall have no further obligation or mental disability, is unable liability to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave).the Executive. ​

Appears in 2 contracts

Sources: Employment Agreement (Rezolute, Inc.), Employment Agreement (Rezolute, Inc.)

Disability. The Company may terminate the Executive's employment hereunder if the ExecutiveIf, by reason of the same or related physical or mental disabilityreasons, Executive is unable to fulfil carry out his obligations and material duties hereunder on a full time basis pursuant to this Agreement for a period of 4 more than six (6) months in any 12 twelve (12) month period, the Companies may terminate Executive's employment for Disability upon thirty (30) days prior written notice, at any time thereafter during such twelve (12) month period in which Executive is unable to carry out his duties as a result of the same or related physical or mental illness. Such termination shall not be effective if Executive returns to the full time performance of his material duties within such thirty (other than by reason of authorized vacation or leave).30) day

Appears in 2 contracts

Sources: Employment Agreement (Richard Denis), Employment Agreement (Incomnet Inc)

Disability. The Company may terminate the If, as a result of Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness, is Executive shall have been substantially unable to fulfil perform his obligations and duties hereunder on a full time basis for a an entire period of 4 months at least 90 consecutive days or 180 non-consecutive days within any 365-day period, the Employer shall have the right to terminate Executive’s employment hereunder for “Disability”, and such termination in any 12 month period (other than by reason and of authorized vacation or leave)itself shall not be, nor shall it be deemed to be, a breach of this Agreement.

Appears in 2 contracts

Sources: Employment Agreement (Greenlight Capital Re, Ltd.), Employment Agreement (Greenlight Capital Re, Ltd.)

Disability. The If the Executive is unable to perform the duties required of him under this Agreement because of illness, incapacity, or physical or mental disability for an aggregate of one hundred twenty (120) days (whether or not consecutive) during any twelve (12) month period during the term of this Agreement, in which event the Company may terminate Executive's employment; provided, however, that if at such time the Executive is not covered by a long-term disability plan of the Company, then the Executive's employment hereunder if the Executive, by reason of physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 shall terminate six months in any 12 month period (other than by reason of authorized vacation or leave)following such event.

Appears in 2 contracts

Sources: Employment Agreement (West Coast Realty Investors Inc), Employment Agreement (West Coast Realty Investors Inc)

Disability. The Company may shall be entitled to terminate the Executive's ’s employment hereunder if for “Disability” if, as a result of the Executive, by reason of ’s incapacity due to physical or mental illness or disability, is the Executive shall have been unable to fulfil perform his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period six (other than by reason 6) consecutive months, and within thirty (30) days after written Notice of authorized vacation or leave)Termination is thereafter given the Executive shall not have returned to the full-time performance of his duties hereunder.

Appears in 2 contracts

Sources: Employment Agreement (Iqvia Holdings Inc.), Employment Agreement (Iqvia Holdings Inc.)

Disability. The Company may terminate the If, as a result of Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness, Executive is substantially unable to fulfil perform his obligations duties under this Agreement (with or without reasonable accommodation, as defined under the Americans With Disabilities Act), for an entire period of six (6) consecutive months, and within thirty (30) days after a Notice of Termination (as defined in Section 7(a)) is given after such six (6) month period, Executive does not return to the substantial performance of his duties hereunder on a full full-time basis basis, the Company has the right to terminate Executive’s employment under this Agreement for “Disability”, and such termination will not be a period breach of 4 months in any 12 month period (other than this Agreement by reason of authorized vacation or leave)the Company.

Appears in 2 contracts

Sources: Employment Agreement (Continental Resources Inc), Employment Agreement (Dobson Communications Corp)

Disability. The If, as a result of Executive's incapacity due to physical or mental illness, Executive shall have been unable to perform the duties, functions and responsibilities required hereunder for ninety (90) consecutive days or shorter periods aggregating to one hundred twenty (120) days in any twelve (12) months, Company may terminate the Executive's employment hereunder. During any period that Executive fails to perform his duties hereunder if the Executive, by reason as a result of incapacity or due to physical or mental disabilityillness, he shall continue to receive full compensation and other benefits called for hereunder until such time as there is unable a date of termination pursuant to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leavethis Section 8.1(b).

Appears in 2 contracts

Sources: Executive Employment Agreement (You Bet International Inc), Executive Employment Agreement (You Bet International Inc)

Disability. The Company may terminate In the Executive's employment hereunder if the Executive, by reason of event Executive shall suffer from a mental or physical or mental disability, is unable to fulfil disability which shall have prevented him from performing his obligations and material duties hereunder on a full time basis for a period of 4 months at least one-hundred eighty (180) non-consecutive days within any 365 day period, the Company shall have the right to terminate Executive's employment for "Disability," such termination to be effective upon the giving of notice thereof to the Executive in any 12 month period (other than by reason accordance with Section 7(g) hereof, such termination shall not be deemed to be a breach of authorized vacation or leave).this Agreement, and the Company shall provide to the Executive the amounts and benefits provided for in

Appears in 2 contracts

Sources: Employment Agreement (Scottish Annuity & Life Holdings LTD), Employment Agreement (Scottish Re Group LTD)

Disability. The Company may terminate the Executive's ’s employment hereunder upon notice to the Executive if the ExecutiveExecutive becomes subject to a Disability. For purposes of this Agreement, by reason of physical or mental disability, “Disability” means the Executive is unable to fulfil perform the essential functions of his obligations and duties hereunder on position, with or without a full time basis reasonable accommodation, for a period of 4 months in 90 consecutive calendar days or 180 non-consecutive calendar days within any rolling 12 month period (other than by reason of authorized vacation or leave)period.

Appears in 2 contracts

Sources: Employment Agreement (Mabvax Therapeutics Holdings, Inc.), Employment Agreement (Mabvax Therapeutics Holdings, Inc.)

Disability. The Company may terminate If, as a result of the Executive's employment hereunder if incapacity of the Executive, by reason of ---------- Executive due to physical or mental disabilityillness, the Executive is unable to fulfil his obligations perform substantially and continuously the duties hereunder on assigned to him hereunder, with or without a full time basis reasonable accommodation, for a period of 4 three (3) consecutive months in any 12 month or for a non-consecutive period of nine (other than by reason 9) months during the Term of authorized vacation or leave)Employment, the Company may terminate his employment for "Disability" upon thirty (30) days prior written notice to the Executive.

Appears in 2 contracts

Sources: Employment Agreement (Better Minerals & Aggregates Co), Employment Agreement (Better Minerals & Aggregates Co)

Disability. The Company may terminate six (6) consecutive months, and within thirty (30) days after written notice of termination is given the Executive shall not have returned to the full-time performance of his duties, the Executive's employment hereunder if may be terminated for disability. During such period of absence, the Executive shall continue to receive the benefits provided in Section 4 hereof and thereafter the Executive, by reason of physical or mental disability, is unable to fulfil his obligations 's benefits shall be determined under the Corporation's disability insurance plans and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)policies provided under Section 4(c) hereof.

Appears in 2 contracts

Sources: Employment Agreement (Hertz Corp), Employment Agreement (Hertz Corp)

Disability. The Company Executive’s employment may terminate be terminated by the Executive's employment hereunder Board at its option for Disability, as defined in Section 3.1.2, if within thirty (30) days after Notice of Termination (as defined in Section 4.4(iv)) is given, he shall not have returned to the Executive, by reason full-time performance of physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)duties.

Appears in 2 contracts

Sources: Executive Employment Agreement (Genzyme Corp), Executive Employment Agreement (Genzyme Corp)

Disability. The Company may terminate If, as a result of the Executive's employment hereunder if incapacity of the Executive, by reason of Executive due to physical or mental disabilityillness, the Executive is unable to fulfil his obligations perform substantially and continuously the duties assigned to him hereunder on a full time basis for a period of 4 three (3) consecutive months in any 12 month or for a non-consecutive period of nine (other than by reason 9) months during the Term of authorized vacation or leave)Employment, the Company may terminate his employment for “Disability” upon thirty (30) days prior written notice to the Executive.

Appears in 2 contracts

Sources: Employment Agreement (Mediware Information Systems Inc), Employment Agreement (Mediware Information Systems Inc)

Disability. The In the event that the Executive shall suffer a disability which shall have prevented him from performing satisfactorily his obligations hereunder for a period of at least ninety (90) consecutive days or one hundred eighty (180) non-consecutive days within any three hundred sixty-five (365) day period, the Company may shall have the right to terminate the Executive's employment hereunder if employment, such termination to be effective upon the Executive, by reason giving of physical or mental disability, is unable notice thereof to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months the Executive in any 12 month period (other than by reason of authorized vacation or leave)accordance with Section 6.3 hereof.

Appears in 2 contracts

Sources: Employment Agreement (Kroll O Gara Co), Employment Agreement (Kroll Inc)

Disability. The If the Executive is unable, as reasonably determined by the Board, to substantially perform his duties as an executive officer hereunder by reason of a physical or mental infirmity for a total of 90 calendar days in any twelve-month period during the Employment Term ("Disability"), the Company may shall be entitled to terminate the Executive's employment hereunder if the Executive, by reason of physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)accordance with Section 7.

Appears in 2 contracts

Sources: Employment Agreement (Theglobe Com Inc), Employment Agreement (Theglobe Com Inc)

Disability. The If, as a result of Executive's incapacity due to physical or mental illness, Executive is substantially unable to perform his duties under this Agreement (with or without reasonable accommodation, as defined under the Americans With Disabilities Act), for an entire period of six (6) consecutive months, and within thirty (30) days after a Notice of Termination (as defined in Section 7(a)) is given after such six (6) month period, Executive does not return to the substantial performance of his duties on a full-time basis, the Company may has the right to terminate the Executive's employment hereunder if under this Agreement for "Disability", and such termination will not be a breach of this Agreement by the Executive, by reason of physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)Company.

Appears in 2 contracts

Sources: Employment Agreement (Dobson Communications Corp), Employment Agreement (Dobson Communications Corp)

Disability. The If the Executive is prevented from performing his employment duties by reason of illness or incapacity for 180 days in any 365 day period, the Company may terminate the Executive's his employment hereunder if the Executive, by reason of physical upon 60 days written notice to Executive or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)her duly appointed legal representative.

Appears in 2 contracts

Sources: Employment Agreement (Telehub Communications Corp), Employment Agreement (Telehub Communications Corp)

Disability. The Company may terminate If, as the Executive's employment hereunder if the Executive, by reason result of any physical or mental disability, is the Executive shall fail or be unable to fulfil perform his obligations and duties hereunder on a full time basis for a period total of 4 months 120 days in any 12 12-month period (other than period, the Company may, by reason notice to the Executive, terminate his employment under this agreement as of authorized vacation or leave)the date of the notice.

Appears in 2 contracts

Sources: Employment Agreement (Youth Stream Media Networks Inc), Employment Agreement (Youth Stream Media Networks Inc)

Disability. The Company may terminate the Executive's ’s employment hereunder if the ExecutiveExecutive becomes subject to a Disability. For purposes of this Agreement, by reason of physical or mental disability, “Disability” means the Executive is unable to fulfil perform the essential functions of his obligations and duties hereunder on position as CEO, with or without a full time basis reasonable accommodation, for a period of 4 months in 120 consecutive days or 180 days during any rolling consecutive 12 month period (other than by reason of authorized vacation or leave)period.

Appears in 2 contracts

Sources: Employment Agreement (PishPosh, Inc.), Employment Agreement (Helios & Matheson Analytics Inc.)

Disability. The If, as a result of the Executive’s incapacity due to physical or mental illness, the Executive shall have been unable to perform the essential functions of his position, even with reasonable accommodation that does not impose an undue hardship on the Company, on a full-time basis for the entire period of six (6) consecutive months, and within thirty (30) days after written notice of termination is given (which may occur before or after the end of such six month period), shall not have returned to the performance of his duties hereunder on a full-time basis (a “disability”), the Company may terminate the Executive's ’s employment hereunder if the Executive, by reason of physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)hereunder.

Appears in 2 contracts

Sources: Executive Employment Agreement (Hyperion Energy, Inc.), Executive Employment Agreement (Hyperion Energy, Inc.)

Disability. The Company may reserves the right to terminate the Executive's employment hereunder if the Executiveupon ninety (90) days written notice if, by reason for a period of sixty (60) days, Executive is prevented from discharging his duties under this Agreement due to any physical or mental disability. With the exception of the covenants included in paragraph 3 above and paragraph 12 below, is unable to fulfil his upon such termination the obligations of Executive and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)Company under this Agreement shall immediately cease.

Appears in 2 contracts

Sources: Employment Agreement (Staar Surgical Company), Employment Agreement (Staar Surgical Company)

Disability. The Company may reserves the right to terminate the Executive's employment hereunder if the Executiveupon ten (10) days written notice if, by reason for a period of sixty (60) days, Executive is prevented from discharging his duties under this Agreement due to any physical or mental disability. Except as otherwise set forth in paragraph 10 below, is unable to fulfil his upon such termination the obligations of Executive and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)Company under this Agreement shall immediately cease.

Appears in 2 contracts

Sources: Employment Agreement (Dippy Foods Inc), Employment Agreement (Cell Robotics International Inc)

Disability. The Company may shall be entitled to terminate the Executive's employment hereunder if if, as a result of the Executive's Disability (as defined below), by reason of physical or mental disability, is unable to fulfil the Executive shall have been absent from his obligations and duties hereunder on a full full-time basis for a period an aggregate of 4 months in more than 180 days during any 12 18 month period (other than period. "DISABILITY" means Executive's inability to perform substantially his regular duties by reason of authorized vacation illness or leave)other physical or mental incapacity expected to be of long-term or indefinite duration as determined by an independent physician selected reasonably and in good faith by the Board.

Appears in 2 contracts

Sources: Employment Agreement (Vaso Active Pharmaceuticals Inc), Employment Agreement (Vaso Active Pharmaceuticals Inc)

Disability. The Company may terminate the Executive's employment hereunder if at any time in the event of Executive, by reason of physical 's disability. "Disability" is defined to mean Executive's inability to substantially perform his normal duties for twenty-four (24) weeks (not necessarily continuous or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in calendar weeks) during any 12 month period (other than by reason of authorized vacation or leave).twelve

Appears in 2 contracts

Sources: Employment Agreement (Market Facts Inc), Employment Agreement (Market Facts Inc)

Disability. The If, as a result of Executive's incapacity due to physical or mental illness, Executive shall have been substantially unable to perform his duties hereunder for an entire period of three (3) consecutive months, and within thirty (30) days after written Notice of Termination is given after such three (3) month period, Executive shall not have returned to the substantial performance of his duties on a full-time basis, the Company may shall have the right to terminate the Executive's employment hereunder if the Executivefor "Disability", by reason and such termination in and of physical or mental disabilityitself shall not be, is unable nor shall it be deemed to fulfil his obligations and duties hereunder on be, a full time basis for a period breach of 4 months in any 12 month period (other than by reason of authorized vacation or leave)this Agreement.

Appears in 2 contracts

Sources: Employment Agreement (Theglobe Com Inc), Employment Agreement (Theglobe Com Inc)

Disability. The Company may terminate the Executive's employment hereunder Executive if the Executive, by reason of physical or mental disability, Executive is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months 180 consecutive days to perform his duties as a result of being "disabled" as defined in any 12 month this Section 4.E. "Disabled" shall mean (i) a determination by a physician selected by Executive and approved by the Board that Executive is suffering from total disability and (ii) the Company has given Executive 30 days notice of potential termination and within such 30 day period (other than by reason Executive has not returned to the full time performance of authorized vacation or leave)his duties.

Appears in 2 contracts

Sources: Employment Agreement (Decrane Aircraft Holdings Inc), Employment Agreement (Decrane Aircraft Holdings Inc)

Disability. The Company may shall be entitled to terminate the Executive's ’s employment hereunder if for Disability if, as a result of the Executive, by reason of ’s incapacity due to physical or mental disabilityillness or injury, is unable the Executive has been unable, due to fulfil physical or mental illness or incapacity, to perform the essential duties of his obligations and duties hereunder on a full time basis employment with reasonable accommodation for a continuous period of 4 months ninety (90) days or an aggregate of one-hundred and eight (180) days in any 12 twelve (12) month period (other than by reason of authorized vacation or leave)period.

Appears in 2 contracts

Sources: Employment Agreement (Atlantic Power Corp), Employment Agreement (Higher One Holdings, Inc.)

Disability. The Company may terminate the Executive's ’s employment hereunder if the Executiveshall be deemed to have been terminated for “Disability” if, by reason as a result of his incapacity due to physical or mental disabilityillness, is unable to fulfil he shall have been absent from his obligations and duties hereunder with the Corporation on a full full-time basis for a the entire period of 4 months in any 12 four consecutive months, and within 30 days after written notice of termination is given (which may occur before or after the end of such four-month period (other than by reason period) he shall not have returned to the full-time performance of authorized vacation or leave)his duties.

Appears in 2 contracts

Sources: Change in Control Agreement (Barry R G Corp /Oh/), Change in Control Agreement (Barry R G Corp /Oh/)

Disability. The If during the Term the Executive becomes physically or mentally disabled whether totally or partially, either permanently or so that the Executive is unable substantially and competently to perform his duties hereunder for a period of 90 consecutive days or for 90 days during any six-month period during the Term (a “Disability”), the Company may terminate the Executive's ’s employment hereunder if by written notice to the Executive. In the event of such termination, by reason of physical or mental disabilitythe Company will pay to the Executive his base salary in monthly installments and continue to provide the benefits provided hereunder, is unable to fulfil his obligations and duties hereunder on a full time basis in each case for a period of 4 twelve months in any 12 month period (other than by reason of authorized vacation or leave)following such termination.

Appears in 2 contracts

Sources: Employment Agreement (Universal Hospital Services Inc), Employment Agreement (Universal Hospital Services Inc)

Disability. The Company may terminate the If, as a result of Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness, is Executive shall have been substantially unable to fulfil perform his obligations and duties hereunder on a full time basis for a an entire period of 4 months at least 90 consecutive days or 180 non-consecutive days within any 365-day period, the Employer shall have the right to terminate Executive’s employment hereunder for “Disability,” and such termination in any 12 month period (other than by reason and of authorized vacation or leave)itself shall not be, nor shall it be deemed to be, a breach of this Agreement.

Appears in 2 contracts

Sources: Employment Agreement (Greenlight Capital Re, Ltd.), Employment Agreement (Greenlight Capital Re, Ltd.)

Disability. The Company may shall be entitled to terminate the Executive's employment hereunder if for "Disability" if, as a result of the Executive, by reason of 's incapacity due to physical or mental disabilityillness or injury, is the Executive shall have been unable to fulfil perform his obligations and duties hereunder on a full time basis for a period of ninety (90) consecutive days, and within thirty (30) days after Notice of Termination (as defined in Section 4 months in any 12 month below) for Disability is given following such 90-day period (other than by reason the Executive shall not have returned to the performance of authorized vacation or leave)his duties on a full-time basis.

Appears in 2 contracts

Sources: Employment Agreement (Semiconductor Components Industries LLC), Employment Agreement (On Semiconductor Corp)

Disability. The Company may terminate the Executive's ’s employment hereunder if the ExecutiveExecutive becomes subject to a Disability. For purposes of this Agreement, by reason of physical or mental disability, “Disability” means the Executive is unable to fulfil perform the essential functions of his obligations and duties hereunder on position as CEO, with or without a full time basis reasonable accommodation, for a period of 4 months in 120 consecutive days or 180 days during any 12 rolling consecutive 12-month period (other than by reason of authorized vacation or leave)period.

Appears in 2 contracts

Sources: Employment Agreement (Novint Technologies Inc), Employment Agreement (Vinco Ventures, Inc.)

Disability. The Company may terminate If during the Executive's employment hereunder if the ExecutiveTerm of this Agreement, by reason of physical Executive becomes physically or mental disability, is mentally unable to fulfil perform his obligations duties for the Company hereunder in the reasonable judgment of the Board and duties hereunder on such incapacity has continued for a full time basis for total of ninety (90) consecutive days or any one hundred twenty (120) days in a period of 4 months in any 12 month period three hundred sixty-five (other than by reason of authorized vacation or leave365) consecutive days (“Disability”), then the Company shall have the right to terminate Executive’s employment with the Company upon written notice to Executive.

Appears in 2 contracts

Sources: Employment Agreement (Empire Resorts Inc), Employment Agreement (Empire Resorts Inc)