Common use of Disability Clause in Contracts

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.

Appears in 37 contracts

Samples: Employment Agreement (Anebulo Pharmaceuticals, Inc.), Employment Agreement (Summit Midstream Partners, LP), Employment Agreement

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Disability. If the Company determines in good faith that the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) such 30 day period following receipt of such notice, the Executive shall not have returned to full-time performance of his duties. The Executive shall continue to receive his Annual Base Salary until the Executive’s duties hereunder90th day following the date of the Notice of Termination.

Appears in 34 contracts

Samples: Employment Agreement (TransDigm Group INC), Employment Agreement (TransDigm Group INC), Fourth Amended And (TransDigm Group INC)

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; , provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Appears in 24 contracts

Samples: Employment Agreement (STR Holdings LLC), Employment Agreement (STR Holdings (New) LLC), Employment Agreement (STR Holdings LLC)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or and the date specified in such notice; , provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s his duties hereunder.

Appears in 21 contracts

Samples: Employment Agreement (Nauticus Robotics, Inc.), Employment Agreement (ADT, Inc.), Employment Agreement (Sun Country Airlines Holdings, Inc.)

Disability. If the Company determines in good faith that the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of his duties. The Executive shall continue to receive his Annual Base Salary until the Executive’s duties hereunderDate of Termination.

Appears in 15 contracts

Samples: Employment Agreement (Symons Corp), Employment Agreement (Symons Corp), Executive Employment Agreement (Beasley Broadcast Group Inc)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth fourteenth (30th14th) calendar day after receipt delivery of such notice by the Executive or the date specified in such noticeto Executive; provided that that, within the thirty fourteen (3014) day period following receipt of calendar days after such noticedelivery, the Executive shall not have returned to full-full time performance of the Executive’s duties hereunderduties. Executive may provide notice to the Company of Executive’s resignation on account of a Disability at any time.

Appears in 15 contracts

Samples: Employment Agreement (Charter Communications, Inc. /Mo/), Employment Agreement (Charter Communications, Inc. /Mo/), Employment Agreement (Cco Holdings LLC)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th day after receipt delivery of such notice by the Executive or the date specified in such notice; to Executive, provided that within the thirty (30) day period following receipt of 14 days after such noticedelivery, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderduties. Executive may provide notice to the Company of Executive’s resignation on account of a bona fide Disability at any time.

Appears in 14 contracts

Samples: Restricted Stock Agreement (Charter Communications, Inc. /Mo/), Employment Agreement (Charter Communications, Inc. /Mo/), Employment Agreement (Charter Communications, Inc. /Mo/)

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided that that, within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.

Appears in 11 contracts

Samples: Amended and Restated Employment Agreement (Novanta Inc), Employment Agreement (Novanta Inc), Employment Agreement (Novanta Inc)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Appears in 10 contracts

Samples: Employment Agreement (Rexnord Corp), Employment Agreement (UCI Holdco, Inc.), Employment Agreement (Hawaiian Telcom Communications, Inc.)

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day 30)-day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.

Appears in 10 contracts

Samples: Employment Agreement (McBc Holdings, Inc.), Employment Agreement (McBc Holdings, Inc.), Employment Agreement (MasterCraft Boat Holdings, Inc.)

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.

Appears in 9 contracts

Samples: Employment Agreement (Codexis, Inc.), Employment Agreement (Codexis Inc), Employment Agreement (Andina II Holdco Corp.)

Disability. If the Executive incurs a Disability, the Company Employer may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company Employer and its Affiliates shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided that that, within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.

Appears in 9 contracts

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

Disability. If In the Executive incurs a event of the Executive’s Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employmentemployment while he remains so disabled. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th day after receipt delivery of such notice by the Executive or the date specified in such notice; , provided that within the thirty (30) day period following receipt of 14 days after such noticedelivery, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Appears in 9 contracts

Samples: Employment Agreement (Monster Worldwide, Inc.), Employment Agreement (Monster Worldwide, Inc.), Employment Agreement (Monster Worldwide, Inc.)

Disability. If the Disability of the Executive incurs a Disabilityhas occurred during the Contract Term, the Company Partnership or the Company, respectively, may give the Executive written notice in accordance with Section 15(c) of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Partnership and the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Appears in 8 contracts

Samples: Employment Agreement (Tanger Factory Outlet Centers Inc), Employment Agreement (Tanger Properties LTD Partnership /Nc/), Employment Agreement (Tanger Properties LTD Partnership /Nc/)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th day after receipt delivery of such notice by the Executive or the date specified in such notice; to Executive, provided that within the thirty (30) day period following receipt of 14 days after such noticedelivery, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderduties. Executive may provide notice to the Company of Executive's resignation on account of a bona fide Disability at any time.

Appears in 7 contracts

Samples: Employment Agreement (Charter Communications Inc /Mo/), Employment Agreement (Charter Communications Inc /Mo/), Employment Agreement (Charter Communications Inc /Mo/)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Appears in 7 contracts

Samples: Employment Agreement (Jazz Semiconductor Inc), Employment Agreement (Dex Media Inc), Employment Agreement (Winfred Berg Licensco Inc)

Disability. If the Company determines in good faith that the Disability (as defined below) of Executive incurs a Disabilityhas occurred during the Employment Period, the Company it may give the to Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such written notice by Executive (the Executive or the date specified in such notice; “Disability Effective Date”), provided that that, within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.duties. For purposes of this

Appears in 5 contracts

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

Disability. If the Company determines in good faith that Executive incurs a Disabilityis Disabled during the Term, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; provided that if, within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderwith or without a reasonable accommodation.

Appears in 5 contracts

Samples: Employment Agreement (Imprimis Pharmaceuticals, Inc.), Acceptance of Agreement (Imprimis Pharmaceuticals, Inc.), Employment Agreement (Imprimis Pharmaceuticals, Inc.)

Disability. If In the Executive incurs a event of the Executive's Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th day after receipt delivery of such notice by the Executive or the date specified in such notice; , provided that within the thirty (30) day period following receipt of 14 days after such noticedelivery, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Appears in 5 contracts

Samples: Separation and Release Agreement (Coach Inc), Employment Agreement (Coach Inc), Employment Agreement (Coach Inc)

Disability. If the Company determines in good faith that the Disability of the Executive incurs a Disabilityhas occurred during the Term of Employment, the Company may give the Executive written notice in accordance with Section 13(b) of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of his duties. The Executive shall continue to receive his Annual Base Salary and Benefits until the Executive’s duties hereunderdate of termination.

Appears in 5 contracts

Samples: Employment Agreement (Easco Inc /De/), Employment Agreement (Easco Inc /De/), Employment Agreement (Easco Inc /De/)

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after Executive’s receipt of such written notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Company’s intent to terminate Executive’s duties hereunderemployment for such Disability.

Appears in 5 contracts

Samples: Executive Employment Agreement (Montage Resources Corp), Executive Employment Agreement (Montage Resources Corp), Executive Employment Agreement (Montage Resources Corp)

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided that within the Executive’s Disability continues beyond such thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereundernotice period.

Appears in 5 contracts

Samples: Release Agreement (Summit Midstream Partners, LP), Release Agreement (Summit Midstream Partners, LP), Release Agreement (Summit Midstream Partners, LP)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 14 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder's duties.

Appears in 5 contracts

Samples: Employment Agreement (Global Telesystems Inc), Employment Agreement (Global Telesystems Inc), Employment Agreement (Global Telesystems Group Inc)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or and the date specified in such notice; provided provided, that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.

Appears in 5 contracts

Samples: Employment Agreement (Taylor Morrison Home Corp), Employment Agreement (Taylor Morrison Home Corp), Employment Agreement (Taylor Morrison Home Corp)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th day after receipt delivery of such notice by the Executive or the date specified in such notice; to Executive, provided that within the thirty (30) day period following receipt of 14 days after such noticedelivery, the Executive shall not have returned to full-time performance of Executive's duties. Executive may provide notice to the Company of Executive’s duties hereunder's resignation on account of a bona fide Disability at any time.

Appears in 4 contracts

Samples: Employment Agreement (Charter Communications, Inc. /Mo/), Employment Agreement (Charter Communications, Inc. /Mo/), Employment Agreement (Charter Communications, Inc. /Mo/)

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.. (iii)

Appears in 4 contracts

Samples: Employment Agreement (GoHealth, Inc.), Restrictive Covenants Agreement (GoHealth, Inc.), Employment Agreement (GoHealth, Inc.)

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided , provided, that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.

Appears in 4 contracts

Samples: Employment Agreement (Frontier Group Holdings, Inc.), Employment Agreement (Frontier Group Holdings, Inc.), Employment Agreement (Frontier Group Holdings, Inc.)

Disability. If the Disability of the Executive incurs a Disabilityhas occurred during the Contract Term, the Company Partnership or the Company, respectively, may give the Executive written notice in accordance with Section 8(g) of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Partnership and the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Appears in 4 contracts

Samples: Employment Agreement (Tanger Properties LTD Partnership /Nc/), Employment Agreement (Tanger Factory Outlet Centers Inc), Employment Agreement (Tanger Factory Outlet Centers Inc)

Disability. If the Executive incurs has incurred a Disability, the Company Board may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Appears in 4 contracts

Samples: Employment Agreement (Hawaiian Telcom Communications, Inc.), Employment Agreement (Hawaiian Telcom Holdco, Inc.), Employment Agreement (Hawaiian Telcom Communications, Inc.)

Disability. If the Executive incurs a Disabilitybecomes Disabled during the Employment Term, the Company may give notify the Executive written notice of its intention to terminate the Executive’s employmenthis employment pursuant to this Subparagraph (b). In that such event, the Executive’s 's employment with the Company shall terminate, effective terminate on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of receives such notice, the Executive shall not have returned unless he returns to substantially full-time performance of the Executive’s his duties hereunderwithin such 30-day period.

Appears in 4 contracts

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

Disability. If the Company determines in good faith that the Executive incurs a Disabilityis Significantly Disabled during the Term of Employment, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s his duties hereunderwith or without a reasonable accommodation.

Appears in 4 contracts

Samples: Employment Agreement (Kimco Realty Corp), Employment Agreement (Kimco Realty Corp), Employment Agreement (Kimco Realty Corp)

Disability. If the Company determines in good faith that the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (such 30) -day period following receipt of such notice, the Executive shall not have returned to full-time performance of his or her duties. The Executive shall continue to receive his or her Annual Base Salary until the Executive’s duties hereunder90th day following the date of the Notice of Termination.

Appears in 4 contracts

Samples: Employment Agreement (Perimeter Solutions, SA), Employment Agreement (Perimeter Solutions, SA), Employment Agreement (Perimeter Solutions, SA)

Disability. If the Company determines in good faith that the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice Notice of Termination by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) such 30 day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Appears in 4 contracts

Samples: Employment Agreement (Dayton Superior Corp), Employment Agreement (Dayton Superior Corp), Employment Agreement (Dayton Superior Corp)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of his duties. This Section 4 (a) (ii) shall be construed in a manner consistent with the Executive’s duties hereunderrequirements of the Americans With Disabilities Act and Hawaii Employment Practices law.

Appears in 4 contracts

Samples: Employment Agreement (Hawaiian Telcom Communications, Inc.), Employment Agreement (Hawaiian Telcom Holdco, Inc.), Employment Agreement (Hawaiian Telcom Holdco, Inc.)

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment; provided that such written notice may only be given after the expiration of the time period required under the definition of Disability below. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of (x) the thirtieth fifteenth (30th15th) day after receipt of such notice by the Executive or (y) the date specified in such notice; , provided that within the thirty fifteen (3015) day period following receipt of days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderduties.

Appears in 4 contracts

Samples: Employment Agreement (Del Frisco's Restaurant Group, LLC), Employment Agreement (Del Frisco's Restaurant Group, LLC), Executive Employment Agreement (Del Frisco's Restaurant Group, Inc.)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderher duties.

Appears in 3 contracts

Samples: Employment Agreement (Dex Media West LLC), Employment Agreement (Dex Media East LLC), Employment Agreement (Dex Media Inc)

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that event, the Executive’s 's employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided provided, that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s 's duties hereunder.

Appears in 3 contracts

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

Disability. If the Company determines in good faith that the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall either has not have returned to full-time performance of his duties or requested a return to performance of his duties with a reasonable accommodation for his disability. The Executive shall continue to receive his Annual Base Salary until the Executive’s duties hereunderDate of Termination.

Appears in 3 contracts

Samples: Executive Employment Agreement (Beasley Broadcast Group Inc), Executive Employment Agreement (Beasley Broadcast Group Inc), Executive Employment Agreement (Beasley Broadcast Group Inc)

Disability. If the Company reasonably determines in good faith that the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of his duties. The Executive shall continue to receive his Annual Base Salary until the Executive’s duties hereunderDate of Termination.

Appears in 3 contracts

Samples: Employment Agreement (Usinternetworking Inc), Stock Purchase Agreement (Usinternetworking Inc), Stock Purchase Agreement (Usinternetworking Inc)

Disability. If the Company determines in good faith that the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) such 30 day period following receipt of such notice, the Executive shall not have returned to full-time performance of his or her duties. The Executive shall continue to receive his or her Annual Base Salary until the Executive’s duties hereunder90th day following the date of the Notice of Termination.

Appears in 3 contracts

Samples: Employment Agreement (Perimeter Solutions, SA), Employment Agreement (Perimeter Solutions, SA), Employment Agreement (Perimeter Solutions, SA)

Disability. If the Company determines in good faith that the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (such 30) -day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderduties. The Executive shall continue to receive the Executive’s Annual Base Salary until the 90th day following the date of the Notice of Termination.

Appears in 3 contracts

Samples: Employment Agreement (TransDigm Group INC), Employment Agreement (TransDigm Group INC), Employment Agreement (TransDigm Group INC)

Disability. If the Company determines in good faith that the Disability (as defined below) of Executive incurs a Disabilityhas occurred during the Employment Period, the Company it may give the to Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such written notice by Executive (the Executive or the date specified in such notice; “Disability Effective Date”), provided that that, within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.’s

Appears in 3 contracts

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

Disability. If the Company determines in good faith that Executive incurs has incurred a Disability, the Company may give the provide Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) such 30 day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Appears in 3 contracts

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

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Appears in 3 contracts

Samples: Employment Agreement (Horizon Lines, Inc.), Employment Agreement (Horizon Lines, Inc.), Employment Agreement (Horizon Lines, Inc.)

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day 30 days after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) -day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.

Appears in 3 contracts

Samples: Employment Agreement (Southcross Energy Partners, L.P.), Employment Agreement (Southcross Energy Partners, L.P.), Employment Agreement (Southcross Energy Partners, L.P.)

Disability. If the Company determines in good faith that the Disability of the Executive incurs a has occurred (pursuant to the definition of “Disability” as set forth below), the Company it may give to the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or (the date specified in such notice; “Disability Effective Date”), provided that that, within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderduties.

Appears in 3 contracts

Samples: Employment Agreement (Bio Lok International Inc), Employment Agreement (Bio Lok International Inc), Employment Agreement (Bio Lok International Inc)

Disability. If the Disability of the Executive incurs a Disabilityhas occurred during the Contract Term, the Company Partnership or the Company, respectively, may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Partnership and the Company (including the rights to receive compensation and benefits, except as otherwise required by law) shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Appears in 2 contracts

Samples: Employment Agreement (West Coast Realty Trust, Inc.), Employment Agreement (West Coast Realty Trust, Inc.)

Disability. If the Disability of the Executive incurs a Disabilityhas occurred during the Contract Term, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company (including the rights to receive compensation and benefits, except as otherwise required by law) shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Appears in 2 contracts

Samples: Employment Agreement (Grilled Cheese Truck, Inc.), Employment Agreement (Staffing 360 Solutions, Inc.)

Disability. If the Company determines in good faith that the Disability of the Executive incurs a Disabilityhas occurred during the Employment Period (pursuant to the definition of Disability set forth below), the Company it may give written notice to the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt delivery of such notice by to the Executive or (the date specified in such notice; "Disability Effective Date"), provided that that, within the thirty (30) day period following receipt of 30 days after such noticedelivery, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.'s duties. For purposes of this

Appears in 2 contracts

Samples: Change of Control Employment Agreement (Littelfuse Inc /De), Change of Control Employment Agreement (Littelfuse Inc /De)

Disability. If The Corporation may terminate the Executive incurs a Executive's employment after having established the Executive's Disability, the Company may give by giving to the Executive written notice of its intention to terminate the Executive’s her employment. In that event, the Executive’s and her employment with the Company Corporation shall terminate, terminate effective on the later of the thirtieth (30th) 90th day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, if the Executive shall not have returned fail to return to full-time performance of the Executive’s her duties hereunderwithin ninety (90) days after such receipt.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement (Avon Products Inc)

Disability. If the Company determines in good faith that the Disability (as defined below) of Executive incurs a Disabilityhas occurred during the Employment Period, the Company it may give the to Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such written notice by Executive (the Executive or the date specified in such notice; “Disability Effective Date”), provided that that, within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.performance

Appears in 2 contracts

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

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or and the date specified in such notice; provided provided, that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s 's duties hereunder.

Appears in 2 contracts

Samples: Employment Agreement (Taylor Morrison Home Corp), Employment Agreement (Taylor Morrison Home Corp)

Disability. If the Disability of Executive incurs a Disabilityhas occurred during the Contract Term, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Appears in 2 contracts

Samples: Employment Agreement (Tanger Properties LTD Partnership /Nc/), Employment Agreement (Tanger Properties LTD Partnership /Nc/)

Disability. If the Disability of the Executive incurs a Disabilityhas occurred during the Contract Term, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company (including the rights to receive compensation and benefits, except as otherwise required by law) shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Appears in 2 contracts

Samples: Employment Agreement (Staffing 360 Solutions, Inc.), Employment Agreement (Staffing 360 Solutions, Inc.)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th day after receipt delivery of such notice by the Executive or the date specified in such notice; to Executive, provided that that, within the thirty (30) day period following receipt of 14 days after such noticedelivery, the Executive shall not have returned to full-time performance of Executive's duties. Executive may provide notice to the Company of Executive’s duties hereunder's resignation on account of a bona fide Disability at any time.

Appears in 2 contracts

Samples: Employment Agreement (Charter Communications, Inc. /Mo/), Employment Agreement (Charter Communications, Inc. /Mo/)

Disability. If the Disability of the Executive incurs a Disabilityhas occurred during the Contract Term, the Company Partnership or the Company, respectively, may give the Executive written notice in accordance with Section 7(g) of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Partnership and the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Appears in 2 contracts

Samples: Employment Agreement (Tanger Properties LTD Partnership /Nc/), Employment Agreement (Tanger Properties LTD Partnership /Nc/)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth fourteenth (30th14th) calendar day after receipt delivery of such notice by the Executive or the date specified in such notice; to Executive, provided that within the thirty fourteen (3014) day period following receipt of calendar days after such noticedelivery, the Executive shall not have returned to full-full time performance of the Executive’s duties hereunderduties. Executive may provide notice to the Company of Executive’s resignation on account of a Disability at any time.

Appears in 2 contracts

Samples: Employment Agreement (Cco Holdings Capital Corp), Employment Agreement (Cco Holdings LLC)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of his duties. This Section 4 (a) (ii) shall be construed in a manner consistent with the Executive’s duties hereunderrequirements of the Americans With Disabilities Act and Hawaii Employment Practices law.

Appears in 2 contracts

Samples: Employment Agreement (Hawaiian Telcom Holdco, Inc.), Employment Agreement (Hawaiian Telcom Holdco, Inc.)

Disability. If the Company determines in good faith that the Disability of the Executive incurs a Disabilityhas occurred during the Employment Period (pursuant to the definition of Disability set forth below), the Company it may give written notice to the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt delivery of such notice by to the Executive or (the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder."Disability

Appears in 2 contracts

Samples: Change of Control Employment Agreement (Littelfuse Inc /De), Change of Control Employment Agreement (Littelfuse Inc /De)

Disability. If In the Executive incurs a event of the Executive's Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment's employment while he remains so disabled. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th day after receipt delivery of such notice by the Executive or the date specified in such notice; , provided that within the thirty (30) day period following receipt of 14 days after such noticedelivery, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Appears in 2 contracts

Samples: Employment Agreement (Monster Worldwide, Inc.), Employment Agreement (Symbol Technologies Inc)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th calendar day after receipt delivery of such notice by the Executive or the date specified in such notice; to Executive, provided that within the thirty (30) day period following receipt of 14 calendar days after such noticedelivery, the Executive shall not have returned to full-time performance of Executive's duties. Executive may provide notice to the Company of Executive’s duties hereunder's resignation on account of a bona fide Disability at any time.

Appears in 1 contract

Samples: Employment Agreement (Charter Communications, Inc. /Mo/)

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Disability. If the Company determines in good faith that the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of his duties. The Executive shall continue to receive his Annual Base Salary until the Executive’s duties hereunderDate of Termination.

Appears in 1 contract

Samples: Employment Agreement (United Defense Industries Inc)

Disability. If the Company determines in good faith that the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall either has not have returned to full-time performance of her duties or requested a return to performance of her duties with a reasonable accommodation for her disability. The Executive shall continue to receive her Annual Base Salary until the Executive’s duties hereunderDate of Termination.

Appears in 1 contract

Samples: Executive Employment Agreement (Beasley Broadcast Group Inc)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or and the date specified in such notice; provided ·provided, that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s 's duties hereunder.

Appears in 1 contract

Samples: Amendedandrestatedemploymentagreement (Taylor Morrison Home Corp)

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; , provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Appears in 1 contract

Samples: Employment Agreement (Grocery Outlet Holding Corp.)

Disability. If The Corporation may terminate the Executive incurs a Executive’s employment upon the Executive’s Disability, the Company may give by giving to the Executive written notice of its intention to terminate the Executive’s her employment. In that event, the Executive’s and her employment with the Company Corporation shall terminate, terminate effective on the later of the thirtieth (30th) 90th day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, if the Executive shall not have returned fail to return to full-time performance of the Executive’s her duties hereunderwithin ninety (90) days after such receipt.

Appears in 1 contract

Samples: Employment Agreement (Avon Products Inc)

Disability. If the Executive incurs a Disability, the Company may give the Executive theExecutive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided that within the Executive’s Disability continues beyond such thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereundernotice period.

Appears in 1 contract

Samples: Release Agreement (Summit Midstream Partners, LP)

Disability. If the Company determines in good faith that the Disability of the Executive incurs a has occurred (pursuant to the definition of “Disability” set forth below), the Company it may give to the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company Period of Employment shall terminate, terminate effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.30th day

Appears in 1 contract

Samples: Employment Agreement (Geospatial Holdings, Inc.)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 14 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.his duties. (iii)

Appears in 1 contract

Samples: Employment Agreement This Agreement (Global Telesystems Group Inc)

Disability. If In the Executive incurs a event of the Executive’s Disability, the Company may give the Executive written a notice of its intention to terminate the Executive’s employmenttermination. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or (the date specified in such notice; “Disability Effective Date”) provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder’ duties.

Appears in 1 contract

Samples: Employment Agreement

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or and the date specified in such notice; , provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s her duties hereunder.

Appears in 1 contract

Samples: Employment Agreement (ADT, Inc.)

Disability. If the Company determines that the Disability of the Executive incurs a Disabilityhas occurred during the Employment Period (pursuant to the definition of Disability set forth below), the Company it may give to the Executive written notice in accordance with Section 7.1 of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.after

Appears in 1 contract

Samples: Employment Agreement (President Casinos Inc)

Disability. If The Corporation may terminate the Executive incurs a Executive's employment upon the Executive's Disability, the Company may give by giving to the Executive written notice of its intention to terminate the Executive’s his employment. In that event, the Executive’s and his employment with the Company Corporation shall terminate, terminate effective on the later of the thirtieth (30th) 90th day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, if the Executive shall not have returned fail to return to full-time performance of the Executive’s his duties hereunder.within ninety (90) days after such receipt. (b)

Appears in 1 contract

Samples: Employment Agreement (Avon Products Inc)

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later latest of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; , provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Appears in 1 contract

Samples: Employment Agreement (RHI Entertainment, Inc.)

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or and the date specified in such notice; provided that that, within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.

Appears in 1 contract

Samples: Employment Agreement (Medpace Holdings, Inc.)

Disability. If Executive has incurred a Disability as that term is defined in the Executive incurs a DisabilityEmployment Agreement, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th day after receipt delivery of such notice by the Executive or the date specified in such notice; to Executive, provided that within the thirty (30) day period following receipt of 14 days after such noticedelivery, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderduties.

Appears in 1 contract

Samples: Transition Agreement (Charter Communications, Inc. /Mo/)

Disability. If the Executive incurs a Disability, the The Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, employment at any time upon the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth Disability (30thas defined below) day after receipt of such notice by giving the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt days’ advance written notice of such noticetermination. Except for payment of the Accrued Obligations (or as otherwise required by law), upon termination for Disability the Company shall have no further obligation to the Executive shall not have returned to full-time performance under this Agreement by way of the Executive’s duties hereundercompensation or otherwise.

Appears in 1 contract

Samples: Executive Retention Agreement (Sm&A)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, in which case the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) day after the receipt of such notice by the Executive or the date specified in such noticeExecutive; provided that within prior to the thirty (30) day period following receipt effective date of such noticetermination, the Executive shall not have returned to full-time performance of his duties; provided, further, that until such termination, the Executive’s duties hereunderExecutive shall continue to receive his full compensation and benefits.

Appears in 1 contract

Samples: Employment Agreement (Global Media USA, LLC)

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment; provided that such written notice may only be given after the expiration of the time period required under the definition of Disability below. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of (x) the thirtieth fifteenth (30thl5th) day after receipt of such notice by the Executive or (y) the date specified in such notice; , provided that within the thirty fifteen (3015) day period following receipt of days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderduties.

Appears in 1 contract

Samples: Executive Employment Agreement (Del Frisco's Restaurant Group, LLC)

Disability. If the Company determines in good faith that the Executive incurs has incurred a Disability, the Company may give the Executive written writen notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) such 30 day period following receipt of such notice, the Executive shall not have returned to full-time performance of his duties. The Executive shall continue to receive his Annual Base Salary until the Executive’s duties hereunder90th day following the date of the Notice of Termination.

Appears in 1 contract

Samples: Employment Agreement (Adams Rite Aerospace Inc)

Disability. If the Disability of the Executive incurs a Disabilityhas occurred during the Contract Term, the Company Partnership or the Company, respectively, may give the Executive written notice in accordance with Section 8(g) of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Partnership and the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Appears in 1 contract

Samples: Employment Agreement (Tanger Properties LTD Partnership /Nc/)

Disability. If the Company determines in good faith that Disability of the Executive incurs a Disabilityhas occurred during the Employment Period (pursuant to the definition of Disability set forth below), the Company it may give to the Executive written notice in accordance with Section 11(b) of this Agreement of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or (the date specified in such notice; "Disability Effective Date"), provided that that, within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.30 days after such

Appears in 1 contract

Samples: Employment Agreement (Kewaunee Scientific Corp /De/)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s his duties hereunder.

Appears in 1 contract

Samples: Employment Agreement (Verso Sartell LLC)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderher duties.

Appears in 1 contract

Samples: Employment Agreement (Hawaiian Telcom Communications, Inc.)

Disability. If In the Executive incurs a event of the Executive's Disability, the Company may give the Executive written a notice of its intention to terminate the Executive’s employmenttermination. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or (the date specified in such notice; "Disability Effective Date") provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder' duties.

Appears in 1 contract

Samples: Employment Agreement (Heritage Commerce Corp)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) such 30 day period following receipt of such notice, the Executive shall not have returned to full-time performance of his or her duties. The Executive shall continue to receive his or her Annual Base Salary until the Executive’s duties hereunder90th day following the date of the Notice of Termination.

Appears in 1 contract

Samples: Employment Agreement (Perimeter Solutions, SA)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or and the date specified in such notice; , provided that that, within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s his duties hereunder.

Appears in 1 contract

Samples: Employment Agreement (MAGNACHIP SEMICONDUCTOR Corp)

Disability. If the Company determines in good faith that the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) such 30 day period following receipt of such notice, the Executive shall not have returned to full-time performance of his duties. The Executive shall continue to receive his Annual Base Salary until the Executive’s duties hereunder90th day following the date of the Notice of Termination.

Appears in 1 contract

Samples: Employment Agreement (Adams Rite Aerospace Inc)

Disability. If the Company determines in good faith that ---------- the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of his duties. The Executive shall continue to receive his Annual Base Salary until the Executive’s duties hereunderDate of Termination.

Appears in 1 contract

Samples: Executive Employment Agreement (Beasley Broadcast Group Inc)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th calendar day after receipt delivery of such notice by the Executive or the date specified in such notice; to Executive, provided that within the thirty (30) day period following receipt of 14 calendar days after such noticedelivery, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderduties. Executive may provide notice to the Company of Executive’s resignation on account of a Disability at any time.

Appears in 1 contract

Samples: Employment Agreement (Charter Communications, Inc. /Mo/)

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment; provided that such written notice may only be given after the expiration of the time period required under the definition of Disability below. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of (x) the thirtieth fifteenth (30th15th) day after receipt of such notice by the Executive or (y) the date specified in such notice; , provided that within the thirty fifteen (3015) day period following receipt of days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderduties.

Appears in 1 contract

Samples: Executive Employment Agreement (Del Frisco's Restaurant Group, Inc.)

Disability. If the Company determines in good faith that the Disability of the Executive incurs a Disabilityhas occurred during the Term of Employment, the Company may give the Executive written notice in accordance with Section 10(g) of its intention to terminate the Executive’s employmentemployment with the Company and Holdings. In that such event, the Executive’s employment with the Company shall terminate, and Holdings will terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such noticeExecutive; provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall will not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Appears in 1 contract

Samples: Employment Agreement (Duane Reade Inc)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th calendar day after receipt delivery of such notice by the Executive or the date specified in such notice; to Executive, provided that within the thirty (30) day period following receipt of 14 calendar days after such noticedelivery, the Executive shall not have returned to full-full time performance of the Executive’s duties hereunderduties. Executive may provide notice to the Company of Executive’s resignation on account of a Disability at any time.

Appears in 1 contract

Samples: Employment Agreement (Charter Communications, Inc. /Mo/)

Disability. If The Corporation may terminate the Executive incurs a Executive's employment after having established the Executive's Disability, the Company may give by giving to the Executive written notice of its intention to terminate the Executive’s his employment. In that event, the Executive’s and his employment with the Company Corporation shall terminate, terminate effective on the later of the thirtieth (30th) 90th day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, if the Executive shall not have returned fail to return to full-time performance of the Executive’s his duties hereunderwithin ninety (90) days after such receipt.

Appears in 1 contract

Samples: Employment Agreement (Avon Products Inc)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or and the date specified in such notice; , provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s his duties hereunder.

Appears in 1 contract

Samples: Employment Agreement (CDK Global, Inc.)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th day after receipt delivery of such notice by the Executive or the date specified in such notice; to Executive, provided that that, within the thirty (30) day period following receipt of 14 days after such noticedelivery, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderduties. Executive may provide notice to the Company of Executive's resignation on account of a bona fide Disability at any time.

Appears in 1 contract

Samples: Employment Agreement (Charter Communications, Inc. /Mo/)

Disability. Upon the 30th day following the Executive’s receipt of notice of the Company’s intention to terminate the Executive’s employment due to Disability (as defined in this Section 7(a)); provided that, the Executive has not returned to full-time performance of his duties within 30 days after receipt of such notice. If the Executive incurs a DisabilityCompany determines in good faith that the Executive’s Disability has occurred during the term of this Agreement, the Company may it will give the Executive written notice of its intention to terminate the Executive’s his employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.For purposes

Appears in 1 contract

Samples: Executive Employment Agreement (Radius Health, Inc.)

Disability. If the Company determines in good faith that the Disability of the Executive incurs a Disabilityhas occurred during the Term of Employment, the Company may give the Executive written notice in accordance with Section 16(g) of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, will terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall will not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Appears in 1 contract

Samples: Execution Copy (Duane Reade Inc)

Disability. (a) If the Company determines in good faith that the Executive incurs has incurred a DisabilityDisability (as defined below) prior to the end of the Term, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, will terminate effective on the later of the thirtieth (30th) 30th calendar day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 calendar days after such noticereceipt, the Executive shall will not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Appears in 1 contract

Samples: Severance Agreement (Elder Beerman Stores Corp)

Disability. If Either the Executive incurs a or Employer may terminate the Executive’s employment, after having established the Executive’s Disability, the Company may give the Executive written by giving notice of his or its intention to terminate the Executive’s employment. In that event, and the Executive’s employment with the Company Employer shall terminate, terminate effective on the later of the thirtieth ninetieth (30th90th) day after receipt of such notice by (the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt “Disability Effective Date”). For purposes of such noticethis Agreement, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.“Disability” shall:

Appears in 1 contract

Samples: Executive Employment Agreement (Centene Corp)

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