Common use of Disability Clause in Contracts

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement for "Disability."

Appears in 19 contracts

Samples: Severance Compensation Agreement (O Charleys Inc), Severance Compensation Agreement (Structural Dynamics Research Corp /Oh/), Severance Compensation Agreement (O Charleys Inc)

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Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive he shall have been absent from his duties with the Company Corporation on a full-time basis for six (6) months and within 30 thirty (30) days after written notice of termination is thereafter given by the Company the Executive he shall not have returned to the full-time performance of the Executive's his duties, the Company Corporation may terminate this the Agreement for "Disability."

Appears in 18 contracts

Samples: Change in Control Agreement (Corning Natural Gas Holding Corp), Change in Control Agreement (RGC Resources Inc), Change in Control Agreement (Corning Natural Gas Holding Corp)

Disability. If, as a result of the Executive's incapacity due to ---------- physical or mental illness, the Executive shall have been absent from his duties with become entitled to the Company on a fullreceipt of benefits under the Company's long-time basis for six months term disability plan, and within 30 days after a written notice Notice of termination Termination (as defined in Section 6(a)) is thereafter given to the Executive by the Company Company, the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement the Executive's employment hereunder for "Disability."

Appears in 14 contracts

Samples: Employment Agreement (United Water Resources Inc), Employment Agreement (United Water Resources Inc), Employment Agreement (United Water Resources Inc)

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's ’s duties, the Company may terminate this Agreement the Executive for "Disability."

Appears in 13 contracts

Samples: Executive Change of Control Agreement (Winnebago Industries Inc), Executive Change of Control Agreement (Winnebago Industries Inc), Employment Agreement (Winnebago Industries Inc)

Disability. If, as a result of the Executive's incapacity of the Executive due to physical or mental illness, the Executive shall have been absent from his is unable to perform substantially and continuously the duties with assigned to him hereunder for a period of three (3) consecutive months or for a non-consecutive period of nine (9) months during the Company on a full-time basis for six months and within 30 days after written notice Term of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutiesEmployment, the Company may terminate this Agreement his employment for "Disability" upon thirty (30) days prior written notice to the Executive."

Appears in 12 contracts

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

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis performance of Executive’s duties hereunder for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination (as defined in Section 5(a)) is thereafter given by the Company the Executive shall not have returned to the performance of Executive's duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement Executive’s employment hereunder for "Disability."

Appears in 12 contracts

Samples: Executive Employment Agreement (NorthStar Asset Management Group Inc.), Executive Employment Agreement (NorthStar Asset Management Group Inc.), Executive Employment Agreement (NorthStar Asset Management Group Inc.)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from unable to perform the essential functions of his duties position, even with reasonable accommodation that does not impose an undue hardship on the Company Company, on a full-time basis for the entire period of six months (6) consecutive months, and within 30 thirty (30) days after written notice of termination is thereafter given by (which may occur before or after the Company the Executive end of such six-month period), shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis (a "disability"), the Company may terminate this Agreement for "Disabilitythe Executive's employment hereunder."

Appears in 10 contracts

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

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six twelve months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's ’s duties, the Company may terminate this Agreement for "Disability."

Appears in 9 contracts

Samples: Severance Compensation Agreement (MSC Software Corp), Severance Compensation Agreement (MSC Software Corp), Severance Compensation Agreement (MSC Software Corp)

Disability. IfExecutive’s employment may be terminated by the Company if, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from is unable to perform his duties with the Company on a full-time basis for six (6) consecutives months and within 30 thirty (30) days after written notice a Notice of termination Termination is thereafter given by the Company the to Executive, Executive shall has not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement for "Disabilitywork."

Appears in 9 contracts

Samples: Employment Agreement (Susser Holdings CORP), Employment Agreement (Susser Holdings CORP), Employment Agreement (Susser Holdings CORP)

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from unable to perform the essential functions of his duties position, even with reasonable accommodation that does not impose an undue hardship on the Company Company, on a full-time basis for the entire period of six months (6) consecutive months, and within 30 thirty (30) days after written notice of termination is thereafter given by (which may occur before or after the Company the Executive end of such six-month period), shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis (a “disability”), the Company may terminate this Agreement for "Disabilitythe Executive’s employment on account of such disability."

Appears in 8 contracts

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

Disability. IfThe Corporation may terminate the Executive’s employment due to the Executive’s “Disability” if, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive he shall have been absent from his duties with the Company Corporation on a full-time basis for six months 26 consecutive weeks, and within 30 days after written notice of termination is thereafter given by the Company the Executive he shall not have returned to the full-time performance of the Executive's his duties, the Company may terminate this Agreement for "Disability."

Appears in 8 contracts

Samples: Agreement (V F Corp), Change in Control Agreement (Kontoor Brands, Inc.), Change in Control Agreement (Kontoor Brands, Inc.)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from unable to perform the essential functions of his duties position, even with reasonable accommodation that does not impose an undue hardship on the Company Company, on a full-full- time basis for the entire period of six months (6) consecutive months, and within 30 thirty (30) days after written notice of termination is thereafter given by (which may occur before or after the Company the Executive end of such six- month period), shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis (a "disability"), the Company may terminate this Agreement for "Disabilitythe Executive's employment hereunder."

Appears in 8 contracts

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

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis performance of his duties hereunder for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination (as defined in Section 8) is thereafter given by the Company the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement Executive's employment hereunder for "Disability."

Appears in 8 contracts

Samples: Executive Employment Agreement (Northstar Realty), Executive Employment Agreement (Northstar Realty), Executive Employment Agreement (Northstar Realty)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement the Executive for "Disability."

Appears in 7 contracts

Samples: Control Agreement (Winnebago Industries Inc), Control Agreement (Winnebago Industries Inc), Change of Control Agreement (Winnebago Industries Inc)

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis performance of his duties hereunder for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination (as defined in Section 5(a)) is thereafter given by the Company the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement Executive’s employment hereunder for "Disability."

Appears in 7 contracts

Samples: Employment and Non Competition Agreement (Northstar Realty), Employment and Non Competition Agreement (Northstar Realty), Employment and Non Competition Agreement (Northstar Realty)

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive he shall have been absent from his duties with the Company Corporation on a full-time basis for six (6) months and within 30 thirty (30) days after written notice of termination is thereafter given by the Company the Executive he shall not have returned to the full-time performance of the Executive's his duties, the Company Corporation may terminate this the Agreement for "Disability."

Appears in 6 contracts

Samples: Change in Control Agreement (RGC Resources Inc), Change in Control Agreement (RGC Resources Inc), Change in Control Agreement (RGC Resources Inc)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutiesduties ("Disability"), the Company may terminate this Agreement for "DisabilityAgreement."

Appears in 6 contracts

Samples: Severance Compensation Agreement (Zymetx Inc), Severance Compensation Agreement (Zymetx Inc), Severance Compensation Agreement (Zymetx Inc)

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been is absent from the performance of his duties with the Company on under this Agreement for a fullperiod of four (4) months during any twelve-time basis for six months month period, and within 30 10 days after written notice of termination is thereafter given by the Company given, the Executive shall does not have returned return to the full-time performance of the Executive's dutieshis duties under this Agreement, the Company may terminate the Executive’s employment under this Agreement for "Disability."

Appears in 6 contracts

Samples: Employment Agreement (Healthtronics Surgical Services Inc), Employment Agreement (Healthtronics Surgical Services Inc), Employment Agreement (Healthtronics Surgical Services Inc)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from unable to perform the essential functions of his duties position, even with reasonable accommodation that does not impose an undue hardship on the Company Company, on a full-time basis for the entire period of six months (6) consecutive months, and within 30 thirty (30) days after written notice of termination is thereafter given by (which may occur before or after the Company the Executive end of such six month period), shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis (a "disability"), the Company may terminate this Agreement for "Disabilitythe Executive's employment hereunder."

Appears in 5 contracts

Samples: Executive Employment Agreement (Stratus Services Group Inc), Executive Employment Agreement (Stratus Services Group Inc), Executive Employment Agreement (Stratus Services Group Inc)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, If the Executive shall have been is absent from his duties with the Company on a full-time basis for six eighteen consecutive months due to a physical or mental incapacity, and within 30 days after written notice of termination is thereafter given by the Company the Executive shall has not have returned to the full-time performance of the Executive's dutiesduties within thirty (30) days after written Notice of Termination (as defined below) is given to the Executive by the Company, such termination shall be considered to be termination by the Company may terminate this Agreement for "Disability" for purposes of this Agreement."

Appears in 5 contracts

Samples: Executive Severance Agreement (Officemax Inc /Oh/), Executive Severance Agreement (Officemax Inc /Oh/), Executive Severance Agreement (Officemax Inc /Oh/)

Disability. IfIf the Executive is Disabled, as a result of and if within thirty (30) days after the Company notifies the Executive in writing that it intends to terminate the Executive's incapacity due to physical or mental illness’s employment, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's duties’s duties hereunder on a full-time basis, the Company may terminate this Agreement for "Disabilitythe Executive’s employment, effective immediately following the end of such thirty-day period."

Appears in 5 contracts

Samples: Executive Employment and Severance Agreement (Imperial Holdings, LLC), Executive Employment and Severance Agreement (Imperial Holdings, LLC), Executive Employment and Severance Agreement (Imperial Holdings, LLC)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been is absent from the performance of his duties with the Company on under this Agreement for a fullperiod of three months during any twelve-time basis for six months month period, and within 30 10 days after written notice of termination is thereafter given by the Company given, the Executive shall does not have returned return to the full-time performance of the Executive's dutieshis duties under this Agreement, the Company may terminate the Executive's employment under this Agreement for "Disability."

Appears in 5 contracts

Samples: Employment Agreement (Sportsline Com Inc), Employment Agreement (Sportsline Com Inc), Employment Agreement (Sportsline Com Inc)

Disability. If, as a result of the Executive's incapacity ---------- due to physical or mental illness, the Executive shall have been absent from his duties with become entitled to the Company on a fullreceipt of benefits under the Company's long-time basis for six months term disability plan, and within 30 days after a written notice Notice of termination Termination (as defined in Section 6(a)) is thereafter given to the Executive by the Company Company, the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement the Executive's employment hereunder for "Disability."

Appears in 5 contracts

Samples: Employment Agreement (United Water Resources Inc), Employment Agreement (United Water Resources Inc), Employment Agreement (United Water Resources Inc)

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six one hundred twenty (120) consecutive days or a period of one hundred eighty (180) days within twelve (12) consecutive months (including days before and after the Change in Control) and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's ’s duties, the Company may terminate this Agreement for "Executive shall have suffered a “Disability."

Appears in 5 contracts

Samples: Change in Control Agreement (Unifi Inc), Change in Control Agreement (Unifi Inc), Change in Control Agreement (Unifi Inc)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from the performance of his duties with the Company on a full-time basis under this Agreement for six consecutive months during any calendar year, and within 30 days after written notice of termination is thereafter given by (which notice may only be given after the Company end of such six-month period), the Executive shall not have returned to the full-time performance of the Executive's dutieshis duties under this Agreement, the Company may terminate the Executive's employment under this Agreement for "Disability."

Appears in 4 contracts

Samples: Employment Agreement (Equitrac Corporation), Employment Agreement (Equitrac Corporation), Employment Agreement (Equitrac Corporation)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his or her duties with the Company on a full-time basis for six months one year and within 30 thirty days after written notice Notice of termination Termination (as hereinafter defined) is thereafter given by the Company Company, the Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement for "DisabilityDISABILITY."

Appears in 4 contracts

Samples: Executive Severance Agreement (Trinity Industries Inc), Executive Severance Agreement (Trinity Industries Inc), Executive Severance Agreement (Trinity Industries Inc)

Disability. If, as a result of the Executive's incapacity due to physical or mental illnessillness which incapacity cannot be reasonably accommodated, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for an entire period of six months (6) consecutive months, and within 30 thirty (30) days after written notice of termination is thereafter given by (which notice may be given before or after the Company the end of such six-month period) Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement for "Disabilityhis duties hereunder on a full time basis."

Appears in 4 contracts

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

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-full time basis for six months one hundred twenty (120) consecutive business days, and within 30 thirty (30) days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutieshis duties hereunder on a full time basis, the Company may terminate this Agreement for "Disabilitythe Executive’s employment hereunder."

Appears in 4 contracts

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

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice of termination is thereafter given by (which may occur before or after the Company the Executive end of such six month period) shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement for "Disabilitythe Executive's employment hereunder."

Appears in 4 contracts

Samples: Employment Agreement (Hexcel Corp /De/), Stock Purchase Agreement (Hexcel Corp /De/), Employment Agreement (Danaher Corp /De/)

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his or her duties with the Company on a full-time basis for six months one year and within 30 thirty days after written notice Notice of termination Termination (as hereinafter defined) is thereafter given by the Company Company, the Executive shall not have returned to the full-time performance of the Executive's ’s duties, the Company may terminate this Agreement for "Disability."

Appears in 4 contracts

Samples: Executive Severance Agreement (Trinity Industries Inc), Change in Control Agreement (Trinity Industries Inc), Change in Control Agreement (Trinity Industries Inc)

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illnessillness as determined by the Company in its sole discretion, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for a period of six months consecutive months, and within 30 days after written notice Notice of termination Termination of Employment is thereafter given by (which may occur before or after the Company the Executive end of such six month period) shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may immediately terminate this Agreement for "Disabilitythe Executive’s employment hereunder."

Appears in 4 contracts

Samples: Employment Agreement (Foot Locker Inc), Senior Executive Employment Agreement (Foot Locker Inc), Employment Agreement (Foot Locker Inc)

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his the full-time performance of Executive’s duties with the Company on a full-time basis for at least six (6) consecutive months out of the previous twelve (12) months, and within 30 thirty (30) days after written notice of termination is thereafter given to Executive by the Company the Executive or its affiliates shall not have returned to the full-time performance of the Executive's ’s duties, the Company may terminate this Agreement Executive’s employment shall be deemed terminated for "Disability."

Appears in 4 contracts

Samples: Letter Agreement (Koppers Holdings Inc.), Change in Control Agreement (KI Holdings Inc.), Change in Control Agreement (Koppers Holdings Inc.)

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his her duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's duties90 days, the Company may terminate this Agreement for "Disability."

Appears in 4 contracts

Samples: Agreement (Bank of Marin Bancorp), Agreement (Bank of Marin Bancorp), Agreement (Heritage Oaks Bancorp)

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illnessimpairment, the Executive shall will have been absent from substantially unable to perform his duties with the Company on under this Agreement for a fullcontinuous period of 180 days or for 210 days within any one-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutiesyear period, then the Company may terminate this Agreement for "Executive’s employment as a result of “Disability."

Appears in 3 contracts

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

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis performance of his duties hereunder for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination (as defined in Section 8) is thereafter given by the Company the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of basis, the Corporation may terminate the Executive's duties, the Company may terminate this Agreement employment hereunder for "Disability."

Appears in 3 contracts

Samples: Employment Agreement (Nationsbank Corp), Employment Agreement (Fleet Financial Group Inc), Employment Agreement (Fleet Financial Group Inc)

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six one hundred twenty (120) consecutive days or a period of one hundred eighty (180) days within twelve (12) consecutive months (including days before and after the change of control) and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's ’s duties, the Company may terminate this Agreement for "Disability."

Appears in 3 contracts

Samples: Change of Control Agreement (Unifi Inc), Change of Control Agreement (Unifi Inc), Change of Control Agreement (Unifi Inc)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis performance of his duties hereunder for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination (as defined in Section 7 hereof) is thereafter given by the Company the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement the Executive's employment hereunder (and the Employment Period) for "Disability."

Appears in 3 contracts

Samples: Employment Agreement (Maxcor Financial Group Inc), Employment Agreement (Maxcor Financial Group Inc), Employment Agreement (Maxcor Financial Group Inc)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his or her duties with the Company on a full-time basis for six (6) months and and, within 30 sixty (60) days after written notice of termination is thereafter given by the Company Company, the Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement for "Disability."

Appears in 3 contracts

Samples: Employment Agreement (U S Vision Inc), Employment Agreement (U S Vision Inc), Employment Agreement (U S Vision Inc)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice of termination is thereafter given by (which may occur before or after the Company the Executive end of such six-month periods) shall not have returned to the performance of his duties hereunder on a full-time performance of basis, the Subsidiary may terminate the Executive's duties, the Company may terminate this Agreement for "Disabilityemployment hereunder."

Appears in 3 contracts

Samples: Attachment C (Bishop Capital Corp), Attachment C (Bishop Capital Corp), Management Agreement (Metro Capital Corp)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for six months the entire period of 12 consecutive months, and within 30 days after written notice Notice of termination Termination is thereafter given by (which may occur only after the Company end of such 12 month period), the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement the Executive's employment hereunder for "Disability"."

Appears in 3 contracts

Samples: Employment Agreement (Chartwell Re Corp), Employment Agreement (Chartwell Re Corp), Employment Agreement (Chartwell Re Corp)

Disability. If, as a result of the Executive's incapacity of the Executive due to physical or mental illness, the Executive shall have been absent from wholly incapable of performing his or her duties with the Company on for a full-time basis for continuous period of not less than six (6) months and within 30 days after written notice of termination is thereafter given during any eighteen (18) month period, his or her employment may be terminated by the Company for “Disability” after delivering a written Notice of Termination to the Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement for "Disabilitywith respect thereto."

Appears in 3 contracts

Samples: Employment Agreement (Andover Medical, Inc.), Employment Agreement (Andover Medical, Inc.), Employment Agreement (Andover Medical, Inc.)

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from unable to perform the essential functions of his duties position, even with reasonable accommodation that does not impose an undue hardship on the Company Company, on a full-time basis for the entire period of six months (6) consecutive months, and within 30 thirty (30) days after written notice of termination is thereafter given by (which may occur before or after the Company the Executive end of such six-month period), shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis (a “disability”), the Company may terminate this Agreement for "Disabilitythe Executive’s employment hereunder."

Appears in 3 contracts

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

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis performance of his duties hereunder for the entire period of six months (6) consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination (as defined in Section 8 hereof) is thereafter given by the Company the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement the Executive's employment hereunder (and the Employment Period) for "Disability."

Appears in 3 contracts

Samples: Employment Agreement (Affordable Residential Communities Inc), Employment Agreement (Affordable Residential Communities Inc), Employment Agreement (Affordable Residential Communities Inc)

Disability. If, as a result of the Executive's incapacity The Executive becomes incapacitated due to physical or mental illness, the illness and Executive shall have been absent from his duties with the Company employment on a full-time basis for six months one hundred fifty (150) consecutive days, and fails to return to perform the duties assigned by the Corporation on a full-time basis within 30 thirty (30) days after delivery of written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement for "DisabilityAgreement."

Appears in 3 contracts

Samples: Employment Agreement (Airtech International Group Inc), Employment Agreement (Airtech International Group Inc), Employment Agreement (Airtech International Group Inc)

Disability. If, as a result of the Executive's incapacity of the Executive due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's duties, his duties with the Company for a time equivalent to six (6) months during any eighteen (18) month period, his employment may terminate this Agreement be terminated by the Company for "Disability."

Appears in 3 contracts

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

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illnessillness or injury, the Executive shall have been absent from the performance of his duties with the Company on hereunder for a full-time basis for period of six consecutive months and or 180 days within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutiesa one year period, the Company may terminate this Agreement the Executive’s employment hereunder for "Disability."

Appears in 3 contracts

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

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time full‑time basis for six one hundred twenty (120) consecutive days or a period of one hundred eighty (180) days within twelve (12) consecutive months (including days before and after the change of control) and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time full‑time performance of the Executive's duties, the Company may terminate this Agreement for "Disability."" 2

Appears in 3 contracts

Samples: Change of Control Agreement (Unifi Inc), Change of Control Agreement (Unifi Inc), Change of Control Agreement (Unifi Inc)

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from the full-time performance of his duties with the Company on a full-time basis Corporation for six consecutive months and and, within 30 days after written notice Notice of termination Termination (as defined in Section 3.5) is thereafter given by to the Company the Executive Executive, shall not have returned to the full-time performance of the Executive's his duties, the Company Executive’s employment may terminate this Agreement be terminated for "Disability."

Appears in 3 contracts

Samples: Employment Agreement (Black & Decker Corp), Employment Agreement (Black & Decker Corp), Employment Agreement (Black & Decker Corp)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement the Executive for "Disability."

Appears in 3 contracts

Samples: Executive Change of Control Agreement (Winnebago Industries Inc), Executive Change of Control Agreement (Winnebago Industries Inc), Executive Change of Control Agreement (Winnebago Industries Inc)

Disability. If, as a result of the Executive's incapacity due to physical or mental illnessillness as determined by the Company in its sole discretion, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for a period of six months consecutive months, and within 30 days after written notice Notice of termination Termination of Employment is thereafter given by (which may occur before or after the Company the Executive end of such six month period) shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may immediately terminate this Agreement for "Disabilitythe Executive's employment hereunder."

Appears in 3 contracts

Samples: Senior Executive Employment Agreement (Foot Locker Inc), Senior Executive Employment Agreement (Foot Locker Inc), Senior Executive Employment Agreement (Foot Locker Inc)

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis performance of his duties hereunder for the entire period of six months consecutive months, and within 30 days after written notice Notice of termination Termination (as defined in Section 8) is thereafter given by the Company the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement Executive’s employment hereunder for "Disability."

Appears in 2 contracts

Samples: Executive Employment Agreement (Northstar Realty), Executive Employment Agreement (Northstar Realty)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis performance of his duties hereunder for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination (as defined in Section 7 hereof) is thereafter given by the Company the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement the Executive's employment hereunder (and the Employment Period) for "Disability."

Appears in 2 contracts

Samples: Employment Agreement (Maxcor Financial Group Inc), Employment Agreement (Maxcor Financial Group Inc)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-full time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutiesninety (90) consecutive days, the Company may terminate this Agreement its obligations hereunder, except for "Disabilitythose obligations provided for in Section 6(a) hereof. The determination of whether the Executive is disabled due to physical or mental illness shall be made by a licensed physician satisfactory to the Executive and to the Company."

Appears in 2 contracts

Samples: Employment Agreement (SCB Computer Technology Inc), Employment Agreement (SCB Computer Technology Inc)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company Corporation on a full-time basis for six three (3) consecutive months or an aggregate of one hundred twenty (120) days in any twelve (12) month period, and within 30 thirty (30) days after written notice of termination is thereafter given by the Company the given, Executive shall not have returned to the full-full time performance of the Executive's duties, the Company Corporation may terminate this Agreement for Executive's employment by reason of his "Disability."

Appears in 2 contracts

Samples: Stockholder Agreement (Doubleclick Inc), Stockholder Agreement (Doubleclick Inc)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis performance of his duties hereunder for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination (as defined in Section 8 hereof) is thereafter given by the Company the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement the Executive's employment hereunder for "Disability."

Appears in 2 contracts

Samples: Employment Agreement (Financial Services Acquisition Corp /De/), Employment Agreement (PNC Bank Corp)

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from unable to perform the essential functions of his duties position, even with reasonable accommodation that does not impose an undue hardship on the Company Company, on a full-time basis for the entire period of six months (6) consecutive months, and within 30 thirty (30) days after written notice of termination is thereafter given by (which may occur before or after the Company the Executive end of such six month period), shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis (a “disability”), the Company may terminate this Agreement for "Disabilitythe Executive’s employment hereunder."

Appears in 2 contracts

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

Disability. If, as a result of the Executive's incapacity The Executive becomes incapacitated due to physical or mental illness, the illness and Executive shall have been absent from his duties with the Company employment on a full-time basis for six months thirty (30) consecutive days, and fails to return to perform the duties assigned by the Corporation on a full-time basis within 30 thirty (30) days after delivery of written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement for "Disability."Agreement. (c)

Appears in 2 contracts

Samples: Employment Agreement (Humitech International Group Inc), Employment Agreement (Humitech International Group Inc)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time full‑time basis for six one hundred twenty (120) consecutive days or a period of one hundred eighty (180) days within twelve (12) consecutive months (including days before and after the change of control) and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time full‑time performance of the Executive's duties, the Company may terminate this Agreement for "Disability."

Appears in 2 contracts

Samples: Change of Control Agreement (Unifi Inc), Change of Control Agreement (Unifi Inc)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his her duties with the Company hereunder on a full-time basis for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination is thereafter given by (which may occur before or after the Company the Executive end of such six month period) shall not have returned to the performance of her duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement for "Disabilitythe Executive's employment hereunder."

Appears in 2 contracts

Samples: Employment Agreement (Polo Ralph Lauren Corp), Employment Agreement (Polo Ralph Lauren Corp)

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, (i) the Executive shall have been absent from his duties with the Company on a full-time basis for six nine (9) months and (ii) within 30 thirty (30) days after written notice such nine (9) month period a “Notice of termination Termination” (as defined in Section 3(f)) is thereafter given by the Company to the Executive and (iii) thereafter the Executive shall not have returned to the full-time performance of the Executive's ’s duties, the Company may terminate this Agreement for "Disability."

Appears in 2 contracts

Samples: Severance Agreement (Meredith Corp), Severance Agreement (Meredith Corp)

Disability. If, as a result of the Executive's incapacity due to physical or mental illnessillness as determined by the Company in its sole discretion, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for a period of six months consecutive months, and within 30 days after written notice Notice of termination Termination is thereafter given by (which may occur before or after the Company the Executive end of such six month period) shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may immediately terminate this Agreement for "Disabilitythe Executive's employment hereunder."

Appears in 2 contracts

Samples: Employment Agreement (Venator Group Inc), Employment Agreement (Venator Group Inc)

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Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illnessillness or injury, the Executive shall have been absent from the performance of his duties with the Company on hereunder for a full-time basis for six period of three consecutive months and or 120 days within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutiesa one year period, the Company may terminate this Agreement the Executive’s employment hereunder for "Disability."

Appears in 2 contracts

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

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from form his duties with hereunder fro the Company on a full-time basis for entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination (as defined in paragraph (e) below) is thereafter given by the Company the Executive given, shall not have returned to the full-time performance of the Executive's dutieshis duties hereunder, the Company may terminate this Agreement the Executive's employment hereunder for "Disability."" (c)

Appears in 2 contracts

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

Disability. IfThe Company may terminate the Executive's employment hereunder if, as a result of the Executive's incapacity due to physical or mental illnessillness ("Disability"), the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for six months and within 30 180 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the fullduring any eight-time performance of the Executive's duties, the Company may terminate this Agreement for "Disabilitymonth period."

Appears in 2 contracts

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

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-full time basis for six months one hundred twenty (120) consecutive business days, and within 30 thirty (30) days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutieshis duties hereunder on a full time basis, the Company may terminate this Agreement for "Disabilitythe Executive's employment hereunder."

Appears in 2 contracts

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

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis performance of his duties hereunder for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination (as defined in Section 8 hereof) is thereafter given by the Company the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement the Executive's employment hereunder (and the Employment Period) for "Disability."

Appears in 2 contracts

Samples: Employment Agreement (Maxcor Financial Group Inc), Employment Agreement (Maxcor Financial Group Inc)

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of her duties with the Executive's dutiesCompany for sixty days, the Company may terminate the Executive’s employment under this Agreement contract. A termination for "Disabilitydisability under this section shall not affect the employee’s rights to short-term disability benefits or long-term disability benefits as may be provided by under any disability plan which the Company may have in place for its employees."

Appears in 2 contracts

Samples: Employment Agreement (CNB Financial Services Inc), Employment Agreement (CNB Financial Services Inc)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-full time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutiesninety (90) consecutive days, the Company may terminate this Agreement its obligations hereunder, except for "Disabilitythose obligations provided for in Section 8(a) hereof. The determination of whether the Executive is disabled due to physical or mental illness shall be made by a licensed physician satisfactory to the Executive and to the Company."

Appears in 2 contracts

Samples: Delta Entertainment Group, Inc., Intergraph Corp

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's ’s duties, the Company may terminate this Agreement the Executive for "Disability."

Appears in 2 contracts

Samples: Executive Change of Control Agreement (Winnebago Industries Inc), Executive Change of Control Agreement (Winnebago Industries Inc)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, (i) the Executive shall have been absent from his duties with the Company on a full-time basis for six nine (9) months and (ii) within 30 thirty (30) days after written notice such nine (9) month period a "Notice of termination Termination" (as defined in Section 3(f)) is thereafter given by the Company to the Executive and (iii) thereafter the Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement for "Disability"."

Appears in 2 contracts

Samples: Severance Agreement Between Meredith Corporation and Executive Officers (Meredith Corp), Severance Agreement (Meredith Corp)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive he shall have been absent from his duties with the Company Corporation on a full-time basis for six months 26 consecutive weeks, and within 30 days after written notice of termination is thereafter given by the Company the Executive he shall not have returned to the full-time performance of the Executive's his duties, the Company Corporation may terminate this Agreement for "Disability."

Appears in 2 contracts

Samples: Agreement (V F Corp /Pa/), Agreement (V F Corp)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for six months the entire period of four consecutive months, and within 30 thirty days after written notice of termination is thereafter given by (which may occur before or after the Company the Executive end of such four month period) shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement Executive's employment hereunder for "Disability."

Appears in 2 contracts

Samples: Employment Agreement (Barry R G Corp /Oh/), Employment Agreement (Barry R G Corp /Oh/)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for six months the entire period of four (4) consecutive months, and within 30 ten (10) days after written notice of termination is thereafter given by (which may occur before or after the Company the Executive end of such four (4) month period) shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement Executive's employment hereunder for "Disability."

Appears in 2 contracts

Samples: Executive Employment Agreement (Barry R G Corp /Oh/), Executive Employment Agreement (Barry R G Corp /Oh/)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive he shall have been absent from the full-time performance of his duties with the Company on a full-time basis for six months (6) consecutive months, and within 30 thirty (30) days after written notice of termination is thereafter given by the Company the Executive he shall not have returned to the full-time performance of his duties, the Executive's duties, the Company employment may terminate this Agreement be terminated for "Disability"."

Appears in 2 contracts

Samples: Executive Severance and Indemnification Agreement (Procept Inc), Executive Severance and Indemnification Agreement (Procept Inc)

Disability. If, as a result of the Executive's incapacity of the ---------- Executive due to physical or mental illness, the Executive shall have been absent from his is unable to perform substantially and continuously the duties assigned to him hereunder, with or without a reasonable accommodation, for a period of three (3) consecutive months or for a non-consecutive period of nine (9) months during the Company on a full-time basis for six months and within 30 days after written notice Term of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutiesEmployment, the Company may terminate this Agreement his employment for "Disability" upon thirty (30) days prior written notice to the Executive."

Appears in 2 contracts

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

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from unable to perform the essential functions of his duties position, even with reasonable accommodation that does not impose an undue hardship on the Company Company, on a full-full- time basis for the entire period of six months (6) consecutive months, and within 30 thirty (30) days after written notice of termination is thereafter given by (which may occur before or after the Company the Executive end of such six- month period), shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis (a “disability”), the Company may terminate this Agreement for "Disabilitythe Executive’s employment on account of such disability."

Appears in 2 contracts

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

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, If the Executive shall have been is absent from his duties with the Company on a full-time basis for six eighteen consecutive months due to a physical or mental incapacity, and within 30 days after written notice of termination is thereafter given by the Company the Executive shall has not have returned to the full-time performance of the Executive's dutiesduties within thirty (30) days after written Notice of Termination is given to the Executive by the Company, such termination shall be considered to be termination by the Company may terminate this Agreement for "Disability" for purposes of this Agreement."

Appears in 2 contracts

Samples: Executive Severance Agreement (Milacron Inc), Executive Severance Agreement (Milacron Inc)

Disability. IfDisability shall be used herein to mean that if, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company Corporation on a full-time basis for six months (6) consecutive months, and within 30 thirty (30) days after written notice of termination is thereafter given by the Company the given, Executive shall not have returned to the full-time performance of the Executive's duties, the Company Corporation may terminate this Agreement for Executive's employment by reason of his "Disability."

Appears in 2 contracts

Samples: Employment Agreement (Abacus Direct Corp), Employment Agreement (Abacus Direct Corp)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six (6) months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time full performance of the Executive's dutieshis duties within sixty (60) days after written notice of termination under this Section, the Company may terminate this Agreement for "Disability."

Appears in 2 contracts

Samples: Employment Agreement (U S Vision Inc), Employment Agreement (U S Vision Inc)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination is thereafter given by (which may occur before or after the Company the Executive end of such six month period) shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement for "Disabilitythe Executive's employment hereunder."

Appears in 2 contracts

Samples: Employment Agreement (Polo Ralph Lauren Corp), Employment Agreement (Polo Ralph Lauren Corp)

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of his duties with the Executive's dutiesCompany for sixty days, the Company may terminate the Executive’s employment under this Agreement contract. A termination for "Disabilitydisability under this section shall not affect the employee’s rights to short-term disability benefits or long-term disability benefits as may be provided by under any disability plan which the Company may have in place for its employees."

Appears in 2 contracts

Samples: Employment Agreement (CNB Financial Services Inc), Employment Agreement (CNB Financial Services Inc)

Disability. If, as a result of the Executive's incapacity due to physical or mental illnessillness ("Disability"), the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of his duties with the Company for any six months within any consecutive 12-month period, Executive's duties, the Company employment may terminate this Agreement for "Disabilitybe terminated."

Appears in 2 contracts

Samples: Employment Agreement (Foodbrands America Inc), Employment Agreement (Foodbrands America Inc)

Disability. If, as a result of the Executive's incapacity of the Executive due to physical or mental illness, the Executive shall have been absent from his is unable to perform substantially and continuously the duties with assigned to him hereunder for a period of three (3) consecutive months or for a non-consecutive period of nine (9) months during the Company on a full-time basis for six months and within 30 days after written notice Term of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutiesEmployment, the Company may terminate this Agreement his employment for "Disability” upon thirty (30) days prior written notice to the Executive."

Appears in 2 contracts

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

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties unable to perform the essential functions of her position, even with reasonable accommodation that does not impose an undue hardship on the Company Company, on a full-time basis for the entire period of six months (6) consecutive months, and within 30 thirty (30) days after written notice of termination is thereafter given by (which may occur before or after the Company the Executive end of such six-month period), shall not have returned to the performance of her duties hereunder on a full-time performance of the Executive's dutiesbasis (a “disability”), the Company may terminate this Agreement for "Disabilitythe Executive’s employment on account of such disability."

Appears in 2 contracts

Samples: Executive Severance Agreement (Apria, Inc.), Executive Vice President Severance Agreement (Apria Healthcare Group Inc)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, If the Executive shall have been is absent from his duties with the Company on a full-time basis for six twelve (12) consecutive months due to a physical or mental incapacity, and within 30 days after written notice of termination is thereafter given by the Company the Executive shall has not have returned to the full-time performance of the Executive's dutiesduties within thirty (30) days after written Notice of Termination is given to the Executive by the Company, such termination shall be considered to be termination by the Company may terminate this Agreement for "Disability" for purposes of this Agreement."

Appears in 2 contracts

Samples: Executive Severance Agreement (Milacron Inc), Executive Severance Agreement (Milacron Inc)

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illnessimpairment, the Executive shall will have been absent from substantially unable to perform his duties with the Company on under this Agreement for a fullcontinuous period of 180 days or for 210 days within any one-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutiesyear period, then the Company may terminate this Agreement for "Executive’s employment as a result of “Disability."” (c)

Appears in 2 contracts

Samples: Confidential 4815 (Hyzon Motors Inc.), Employment Agreement Employment Agreement (Hyzon Motors Inc.)

Disability. IfExecutive’s employment may be terminated by the Company if, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his is unable to perform her duties with the Company on a full-time basis for six (6) consecutives months and within 30 thirty (30) days after written notice a Notice of termination Termination is thereafter given by the Company the to Executive, Executive shall has not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement for "Disabilitywork."

Appears in 2 contracts

Samples: Employment Agreement (Susser Holdings CORP), Employment Agreement (Susser Holdings CORP)

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illnessimpairment, the Executive shall will have been absent from substantially unable to perform his duties with the Company on under this Agreement for a fullcontinuous period of 180 days or for 210 days within any twelve-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutiesmonth period, then the Company may terminate this Agreement for "Executive’s employment as a result of “Disability."

Appears in 2 contracts

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

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive he shall have been absent from his duties with the Company Employer on a full-full time basis for six months (6) consecutive months, and if he shall have not returned to the full time performance of his duties within 30 thirty (30) days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutiesafter such six (6) month period, the Company Employer may terminate this Agreement for "Disability."

Appears in 2 contracts

Samples: Employment Agreement (Wolverine World Wide Inc /De/), Employment Agreement (Wolverine World Wide Inc /De/)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from the performance of his duties with the Company on a full-time basis under this Agreement for six consecutive months during any twelve-month period, and within 30 days after written notice of termination is thereafter given by (which notice may only be given after the Company end of such six-month period), the Executive shall not have returned to the full-time performance of the Executive's dutieshis duties under this Agreement, the Company may terminate the Executive's employment under this Agreement for "Disability."

Appears in 2 contracts

Samples: Employment Agreement (Sportsline Com Inc), Employment Agreement (Sportsline Usa Inc)

Disability. IfThe Executive's employment shall be deemed to have been terminated by "Disability" if, as a result of the Executive's his incapacity due to physical or mental illness, the Executive he shall have been absent from his duties with the Company on a full-time basis for the entire period of six months consecutive months, and within 30 days after written notice of termination is thereafter given by (which may occur before or after the Company the Executive end of such six-month period) he shall not have returned to the full-time performance of the Executive's his duties, the Company may terminate this Agreement for "Disability."

Appears in 2 contracts

Samples: Severance Agreement (Max & Ermas Restaurants Inc), Severance Agreement (Max & Ermas Restaurants Inc)

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall will have been absent from substantially unable to perform his duties with the Company on under this Agreement for a full-time basis for six months and within 30 days after written notice continuous period of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's duties180 days, the Company may terminate this Agreement for "Executive’s employment as a result of “Disability."

Appears in 1 contract

Samples: Employment Agreement (Hyzon Motors Inc.)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for six months the entire period of twelve consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination is thereafter given by (which may occur before or after the Company the Executive end of such twelve month period) shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement for "Disabilitythe Executive's employment hereunder."

Appears in 1 contract

Samples: Employment Agreement (Polo Ralph Lauren Corp)

Disability. If, as a result of the Executive's incapacity due to ---------- physical or mental illness, the Executive shall have been absent from his duties with become entitled to the Company on a fullreceipt of benefits under the Company's long-time basis for six months term disability plan, and within 30 days after a written notice Notice of termination Termination (as defined in Section 6(a)) is thereafter given to the Executive by the Company Company, the Executive shall not have returned to the performance of her duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement the Executive's employment hereunder for "Disability."

Appears in 1 contract

Samples: Employment Agreement (United Water Resources Inc)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, If the Executive shall have been is absent from his duties with the Company Combined Enterprise on a full-time basis for six eighteen consecutive months due to a physical or mental incapacity, and within 30 days after written notice of termination is thereafter given by the Company the Executive shall has not have returned to the full-time performance of the Executive's dutiesduties with thirty (30) days after written Notice of Termination (as defined below) is given to the Executive by Boise Office Solutions, the Company may terminate this Agreement such termination shall be considered to be termination by Boise Office Solutions for "Disability" for purposes of this Agreement."

Appears in 1 contract

Samples: Confidential Employment Agreement (Officemax Inc)

Disability. If, as a result of the Executive's incapacity due to physical or mental illnessillness or injury, the Executive shall have been absent from his duties with the Company on a Executive’s full-time basis duties hereunder for six months (6) consecutive months, then Executive’s employment and within 30 days after the Term shall be automatically terminated, without notice, at the end of such six (6) consecutive month period unless the Company provides Executive with written notice of termination is thereafter given by that Executive’s employment and the Company the Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement for "DisabilityTerm will nonetheless continue."

Appears in 1 contract

Samples: Employment Agreement (TherapeuticsMD, Inc.)

Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and monthsand within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's ’s duties, the Company may terminate this Agreement the Executive for "Disability."

Appears in 1 contract

Samples: Executive Change of Control Agreement (Winnebago Industries Inc)

Disability. (a) If, as a result of the Executive's incapacity due to physical or mental illnessDisability, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for six months consecutive months, and within 30 days after written notice of termination is thereafter given by the Company Association notifies the Executive in writing that it intends to replace him, the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of basis, the Association may replace the Executive without breaching this Agreement. Such disability will not act to terminate the Executive's dutiesemployment under this Agreement. For purposes of this Agreement, the Company may terminate this Agreement for "Disability."

Appears in 1 contract

Samples: Employment Agreement (Tierone Corp)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his or her duties with the Company on a full-time basis for six (6) months and and, within 30 sixty (60) days after written notice of termination is thereafter given by the Company Company, the Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement for "DisabilityDISABILITY."

Appears in 1 contract

Samples: Employment Agreement (U S Vision Inc)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination is thereafter given by (which may occur before or after the Company the Executive end of such six month period) shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis (a "Disability"), the Company may terminate this Agreement for "Disabilitythe Executive's employment hereunder."

Appears in 1 contract

Samples: Employment Agreement (Polo Ralph Lauren Corp)

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