Common use of Disability Clause in Contracts

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability.

Appears in 12 contracts

Samples: Non Competition Agreement (Metals Usa Inc), Non Competition Agreement (Metals Usa Inc), Non Competition Agreement (Metals Usa Inc)

Disability. If, If the Executive suffers a Disability (as a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period defined below), the Company may terminate the Executive 's ’s employment hereunder under this Agreement upon 30 days prior written notice; provided that the Executive is unable has not returned to resume full time performance of his full-time duties during such 30-day period. For purposes of this Agreement, “Disability” shall mean the Executive’s inability to perform his duties and responsibilities hereunder, with or without reasonable accommodation at the conclusion of such notice period. Also accommodation, Executive may terminate his employment hereunder if his health should become impaired due to an extent that makes the continued performance of his duties hereunder hazardous to his any physical or mental health illness or his life incapacity, provided that Executive shall have furnished which condition either (i) has continued for a period of 180 days (including weekends and holidays) in any consecutive 365-day period, or (ii) is projected by the Company Board in good faith after consulting with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable and consented to by the Executive or Executive's doctor and such doctor shall have concurred (or, in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination Executive’s incapacity, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year his legal representative), whichever amount is greater; provided, however such consent not to be unreasonably withheld, that any such payments shall be reduced by the amount condition is likely to continue for a period of any disability insurance payments payable to the Executive as a result of such disability at least six consecutive months from its commencement.

Appears in 11 contracts

Samples: Employment Agreement (Impax Laboratories Inc), Employment Agreement (Amneal Pharmaceuticals, Inc.), Employment Agreement (Impax Laboratories Inc)

Disability. If, as a result of incapacity due to physical or mental illness or injury the Executive’s Disability (as defined below), the Executive shall have been absent from his the Executive’s duties hereunder on a full-time duties hereunder basis for four (4) the entire period of six consecutive months, then and, within thirty (30) days after receiving written notice of termination is given by the Company (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) six-month period), the Company may terminate Executive shall not have returned to the performance of the Executive 's employment ’s duties hereunder provided Executive is unable to resume his on a full-time duties with or without reasonable accommodation at basis, the conclusion Executive’s employment shall terminate. For purposes of this Agreement, the term “Disability” shall have the same meaning as ascribed to such term under the Company's long-term disability plan in which Executive is participating; provided that in the absence of such notice period. Also plan (or the absence of Executive's participation in such plan), Executive may terminate Disability shall mean Executive’s inability to substantially perform his employment hereunder if his health should become impaired to an extent that makes the continued performance of his or her duties hereunder hazardous due to his a medically determinable physical or mental health or his life, provided that Executive shall have furnished the Company with impairment which has lasted for a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty period of not less than one hundred twenty ( 30 120) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability consecutive days.

Appears in 11 contracts

Samples: Executive Employment Agreement (Ross Stores Inc), Executive Employment Agreement (Ross Stores Inc), Executive Employment Agreement (Ross Stores Inc)

Disability. If If the Company determines in good faith that the Disability (as defined below) of Executive has occurred during the Term, as a result it may give to Executive written notice of incapacity due its intention to physical or mental illness or injury terminate Executive’s employment. In such event, Executive’s employment with the Company shall terminate effective on the thirtieth (30th) day after receipt of such written notice by Executive shall have been absent from his full-time duties hereunder for four ( 4) consecutive months the “Disability Effective Date”), then provided that, within the thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period receipt, but which Executive shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive's employment hereunder provided Executive is unable have returned to resume his full-time performance of Executive’s duties. For purposes of this Agreement, “Disability” shall have the same meaning as provided in the long-term disability plan or policy maintained by the Company and covering Executive. If no such long-term disability plan or policy is maintained, “Disability” shall mean the inability of Executive, as determined by the Board of Directors, to perform the essential functions of his regular duties and responsibilities, with or without reasonable accommodation at the conclusion of such notice period. Also accommodation, Executive may terminate his employment hereunder if his health should become impaired due to an extent that makes the continued performance of his duties hereunder hazardous to his a medically determinable physical or mental health illness which has lasted (or his life, provided that Executive shall have furnished the Company with can reasonably be expected to last) for a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty period of six ( 30 6) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability consecutive months.

Appears in 10 contracts

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

Disability. If, as a result of incapacity due to Executive’s mental or physical or mental illness or injury incapacity, Executive shall have been be substantially unable to perform the services for the Company contemplated by this Agreement for sixty (60) consecutive days or ninety (90) days in any twelve (12) month period (“Disability”), Executive’s employment may be terminated by the Company for Disability. During any period prior to such termination during which Executive is absent from his the full-time performance of his duties hereunder with the Company due to Disability, the Company shall continue to pay Executive the amounts contemplated under this Agreement; provided, that, such payments made to the Executive shall be reduced by amounts received from disability insurance obtained or provided by the Company. Subsequent to the termination provided for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period in this Section 8(b), the Company may terminate Executive's employment hereunder provided shall pay or provide Executive is unable to resume his full-time duties with or without reasonable accommodation the Accrued Benefits at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with times set forth in Section 8(a) above and a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump Pro- sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability Rated Bonus.

Appears in 10 contracts

Samples: Employment Agreement (Kitty Hawk Inc), Employment Agreement (Kitty Hawk Inc), Employment Agreement (Kitty Hawk Inc)

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive Employee shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive Employee's employment hereunder provided Executive Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive Employee may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive Employee shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive Employee shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive Employee or Executive Employee's doctor and such doctor shall have concurred in the conclusion of Executive Employee's doctor. In the event this Agreement is terminated as a result of Executive Employee's disability, Executive Employee shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater ; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability .

Appears in 9 contracts

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

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive Employee shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive Employee's employment hereunder provided Executive Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive Employee may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive Employee shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive Employee shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive Employee or Executive Employee's doctor and such doctor shall have concurred in the conclusion of Executive Employee's doctor. In the event this Agreement is terminated as a result of Executive Employee's disability, Executive Employee shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary salary, at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or effect, for one (1) year , whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability .

Appears in 9 contracts

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

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater ; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability .

Appears in 9 contracts

Samples: Non Competition Agreement (Comfort Systems Usa Inc), Non Competition Agreement (Comfort Systems Usa Inc), Non Competition Agreement (Comfort Systems Usa Inc)

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive Employee shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company Employer may terminate Executive Employee's employment hereunder provided Executive Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive Employee may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive Employee shall have furnished the Company Employer with a written statement from a qualified doctor to such effect and provided, further, that, at the Company Employer's request made within thirty (30) days of the date of such written statement, Executive Employee shall submit to an examination by a doctor selected by the Company Employer who is reasonably acceptable to Executive Employee or Executive Employee's doctor and such doctor shall have concurred in the conclusion of Executive Employee's doctor. In the event this Agreement is terminated as a result of Executive Employee's disability, Executive Employee shall receive from the Company Employer, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive Employee as a result of such disability.

Appears in 8 contracts

Samples: Management Employment Agreement (Homeusa Inc), Management Employment Agreement (Homeusa Inc), Management Employment Agreement (Homeusa Inc)

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive Employee shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive Employee's employment hereunder provided Executive Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive Employee may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive Employee shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive Employee shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive Employee or Executive Employee's doctor and such doctor shall have concurred in the conclusion of Executive Employee's doctor. In the event this Agreement is terminated as a result of Executive Employee's disability, Executive Employee shall receive from the Company, in a lump- lump sum payment due within ten (10) days of the effective date of termination, the an amount equal to twelve times Employee's then monthly base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability salary.

Appears in 8 contracts

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

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive Employee shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive Employee's employment hereunder provided Executive Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive Employee may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive Employee shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive Employee shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive Employee or Executive Employee's doctor and such doctor shall have concurred in the conclusion of Executive Employee's doctor. In the event this Agreement is terminated as a result of Executive Employee's disability, Executive Employee shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater ; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability .

Appears in 8 contracts

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

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive Employee shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive's Employee’s employment hereunder provided Executive Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive Employee may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive Employee shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company 's ’s request made within thirty (30) days of the date of such written statement, Executive Employee shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive Employee or Executive's Employee’s doctor and such doctor shall have concurred in the conclusion of Executive's Employee’s doctor. In the event this Agreement is terminated as a result of Executive's Employee’s disability, Executive Employee shall receive from the Company, in a lump-sum payment due within ten (10) days following the Date of the effective date of termination Termination, the base salary at the rate then in effect for whatever time a period is remaining under the Initial Term of this Agreement or for one (1) year , whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability .

Appears in 8 contracts

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

Disability. If, Disability" shall mean a physical or mental ---------- incapacity as a result of incapacity due which Executive becomes unable to physical or mental illness or injury, Executive shall have been absent from his full-time continue the proper performance of her duties hereunder (reasonable absences because of sickness for four up to two ( 4 2) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater months excepted; provided, however, that any such payments new period of incapacity or absence shall be reduced deemed to be part of a prior period of incapacity or absence if the prior period terminated within ninety (90) days of the beginning of the new period of incapacity or absence and the incapacity or absence is determined by the amount Company's Board of any disability insurance payments payable Directors, in good faith, to be related to the prior incapacity or absence). A determination of Disability shall be subject to the certification of a qualified medical doctor agreed to by the Company and Executive or in the event of Executive's incapacity to designate a doctor, Executive's legal representative. In the absence of agreement between the Company and Executive, each party shall nominate a qualified medical doctor and the two (2) doctors so nominated shall select a third doctor, who shall make the determination as a result to Disability. IV.2 Termination by Company. The Company may terminate Executive's ---------------------- employment hereunder immediately for Cause. Subject to the other provisions contained in this Agreement, the Company may terminate this Agreement for any reason other than Cause upon thirty (30) days' written notice to Executive. The effective date of termination ("Effective Date") shall be considered to be thirty (30) days subsequent to written notice of termination; however, the Company may elect to have Executive leave the Company immediately. IV.3 Termination by Executive. Executive may terminate her ------------------------ employment hereunder upon thirty (30) days' written notice to the Company. The effective date of termination ("Effective Date") shall be considered to be thirty (30) days subsequent to written notice of termination; however, the Company may elect to have Executive leave the Company immediately. IV.4 Death or Disability of Executive. Executive's employment -------------------------------- hereunder shall terminate immediately upon the death or Disability of Executive. IV.5 Severance Benefits Received Upon Termination. -------------------------------------------- (a) If Executive's employment is terminated by the Company for Cause, or Executive terminates this Agreement pursuant to Section 4.3 other than for Good Reason, then the Company shall pay Executive her Base Salary through the Effective Date of such disability. termination plus credit for any vacation earned but not taken, and the Company shall thereafter have no further obligations to Executive under this Agreement. (b) If Executive's employment is terminated by the Company without Cause, or Executive terminates this Agreement for Good Reason, then the Company shall provide Executive:

Appears in 6 contracts

Samples: Certain Employment Agreement (St John Knits Inc), Certain Employment Agreement (St John Knits Inc), Certain Employment Agreement (St John Knits Inc)

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive Employee shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive Employee's employment hereunder provided Executive Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive Employee may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive Employee shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive Employee shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive Employee or Executive Employee's doctor and such doctor shall have concurred in the conclusion of Executive Employee's doctor. In the event this Agreement is terminated as a result of Executive Employee's disability, Executive Employee shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive Employee as a result of such disability.

Appears in 6 contracts

Samples: Management Employment Agreement (Metals Usa Inc), Management Employment Agreement (Metals Usa Inc), Management Employment Agreement (Metals Usa Inc)

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive Employee shall have been absent from his full-time duties hereunder for four more than ( 4 1) consecutive months month, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four one ( 4 1) month period, but which shall not be effective earlier than the last day of such four one ( 4 1) month period), the Company may terminate Executive Employee's employment hereunder provided Executive Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive Employee may terminate his this employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive Employee shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive Employee shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive Employee or Executive Employee's doctor and such doctor shall have concurred in the conclusion of Executive Employee's doctor. In the event this Agreement is terminated as a result of Executive Employee's disability, Executive Employee shall (i) receive from the Company, in a lump-sum payment due within ten thirty ( 10 30) days of the effective date of termination, the base salary at for three (3) months and all restricted 144a common stock shares (“Certificates, Legend and Medallions”) as set forth within the rate then in effect for whatever time period is remaining under terms and conditions of the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any agreement herein after such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability termination.

Appears in 6 contracts

Samples: Employment Agreement (National Automation Services Inc), Employment Agreement (National Automation Services Inc), Employment Agreement (National Automation Services Inc)

Disability. If, as a result of incapacity due to physical or mental illness or injury, as reasonably determined by the Executive's physician, the Executive shall have been absent from his the Executive's full-time duties hereunder for four six ( 4 6) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four six ( 4 6) month period, but which shall not be effective earlier than the last day of such four six ( 4 6) month period), the Company Enfinity may terminate the Executive's employment hereunder provided the Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, the Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his the Executive's duties hereunder hazardous to his the Executive's physical or mental health or his life, provided that the Executive shall have furnished the Company Enfinity with a written statement from a qualified the Executive's doctor to such effect and provided, further, that, at the Company Enfinity's request made within thirty (30) days of the date of such written statement, the Executive shall submit to an examination by a doctor selected by the Company Enfinity who is reasonably acceptable to the Executive or Executive's his doctor and such doctor shall have concurred in the conclusion of the Executive's doctor . If the two doctors cannot agree as to whether or not the Executive is so disabled, the two doctors shall designate a third doctor to examine the Executive and a majority of the three doctors so selected shall make such determination. In the event this Agreement is terminated by either party as a result of the Executive's disability, Enfinity shall continue to compensate the Executive at his then-current base salary until such time as any applicable waiting periods under the Executive's long-term disability policy provided by Enfinity shall be exhausted and the Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any be receiving payments pursuant to such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability policy.

Appears in 6 contracts

Samples: Constitutes the Entire Agreement (Enfinity Corp), Stock Option Agreement (Enfinity Corp), Constitutes the Entire Agreement (Enfinity Corp)

Disability. If The Company shall be entitled to terminate this Agreement, as if the Board determines that the Executive has been unable to attend to his duties for at least ninety (90) days because of a result of incapacity due to medically diagnosable physical or mental illness or injury condition, and has received a written opinion from a physician acceptable to the Board that such condition prevents the Executive from resuming full performance of his duties and is likely to continue for an indefinite period. Upon such termination, the Company shall have been absent from pay to Executive a monthly disability benefit equal to one-twenty-fourth (1/24th) of his full- current annual base salary at the time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end he became permanently disabled. Payment of such four (4) month period, but which disability benefit shall not be effective earlier than commence on the last day of such four (4) the month period), the Company may terminate Executive's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of following the date of such written statement the termination by reason of permanent disability and cease with the earliest of (i) the month in which the Executive returns to active employment, Executive shall submit to an examination by a doctor selected by either with the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in otherwise, (ii) the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days end of the effective initial term of this Agreement, or the current renewal term, as the case may be, or (iii) the twenty-fourth month after the date of the termination , the base salary at the rate then in effect for whatever time period is remaining . Any amounts payable under the Initial Term of this Agreement or for one (1 Section 5(b) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable amounts paid to the Executive as a result of such disability under any long-term disability plan or other disability program or insurance policies maintained or provided by the Company.

Appears in 6 contracts

Samples: Mutual Written Agreement (Coast Dental Services Inc), Mutual Written Agreement (Coast Dental Services Inc), Mutual Written Agreement (Coast Dental Services Inc)

Disability. If The Company shall be entitled to terminate this Agreement, as if the Board of Directors determines that the Executive has been unable to attend to his duties for at least ninety (90) days because of a result of incapacity due to medically diagnosable physical or mental illness or injury condition, and has received a written opinion from a physician acceptable to the Board that such condition prevents the Executive from resuming full performance of his duties and is likely to continue for an indefinite period. Upon such termination, the Company shall have been absent from pay to Executive a monthly disability benefit equal to one twenty-fourth (1/24th) of his full- current annual base salary at the time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end he became permanently disabled. Payment of such four (4) month period, but which disability benefit shall not be effective earlier than commence on the last day of such four (4) the month period), the Company may terminate Executive's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of following the date of such written statement the termination by reason of permanent disability and cease with the earliest of (i) the month in which the Executive returns to active employment, Executive shall submit to an examination by a doctor selected by either with the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in otherwise, (ii) the conclusion end of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement Agreement, or for one the current renewal term, as the case may be, or ( 1 iii) year, whichever amount is greater; provided, however, that any such payments the twenty-fourth month after the date of the termination. Any amounts payable under this Section 5 (b) shall be reduced by the amount of any disability insurance payments payable amounts paid to the Executive as a result of such disability under any long-term disability plan or other disability program or insurance policies maintained or provided by the Company.

Appears in 6 contracts

Samples: Employment Agreement (Vision Twenty One Inc), Amended and Restated Employment Agreement (Vision Twenty One Inc), Employment Agreement (Vision Twenty One Inc)

Disability. If, The employment by the Company of Executive pursuant to this Agreement may be terminated by written notice to Executive at the option of the Company in the event that as a result of the Executive's incapacity due to physical or mental illness (which physical or injury mental illness shall be confirmed in writing by a physician or other medical expert acceptable to both parties), the Executive is unable to perform his duties, services and responsibilities hereunder or shall have been absent from his duties hereunder on a full-time duties hereunder basis for four ninety ( 4 90) consecutive months days or for an aggregate of ninety (90) days or more in any six (6) month period, then and within thirty (30) days after receiving written notice is given by the Company (which notice may occur before or after be delivered no earlier than thirty days prior to the end expiration of such four ninety ( 4 90) consecutive days or six month period, but which shall not be effective earlier than as the last day of such four (4) month period case may be), the Company may terminate Executive's employment hereunder provided Executive is unable shall not have returned to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with on a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor full-time basis. In the event this Agreement the employment by the Company of Executive is terminated as a result of Executive's disability pursuant to this Section 10(c), Executive shall be entitled to receive from the Company, in a lump-sum payment due within ten following: ( 10 i) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining all Base Salary and benefits to be paid or provided to Executive under the Initial Term of this Agreement or through the Date of Termination and (ii) continuation of his Base Salary and Health Benefits for a period of one (1) year, whichever amount is greater year after the Date of Termination; provided, however, that any such payments amounts payable to Executive under this Section 10(c) shall be reduced by the amount proceeds of any short- and/or long-term disability insurance payments payable under the Company plans referred to the in Section 8 hereof to which Executive as a result of may be entitled during such disability period.

Appears in 6 contracts

Samples: Mutual Written Agreement (Builders FirstSource, Inc.), Mutual Written Agreement (Builders FirstSource, Inc.), Mutual Written Agreement (Builders FirstSource, Inc.)

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive Employee shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive Employee's employment hereunder provided Executive Employee is unable to resume his full-time fulltime duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive Employee may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive Employee shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive Employee shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive Employee or Executive Employee's doctor and such doctor shall have concurred in the conclusion of Executive Employee's doctor. In the event this Agreement is terminated as a result of Executive Employee's disability, Executive Employee shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater ; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability .

Appears in 5 contracts

Samples: Lason Inc, Lason Inc, Lason Inc

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive's employment hereunder hereunder, provided that Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term (as hereinafter defined) of this Agreement or for Agreement, provided that such period shall not exceed one (1) year , whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability .

Appears in 5 contracts

Samples: Mgi2 Inc, Mgi2 Inc, Pentacon Inc

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive Employee shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive's Employee’s employment hereunder provided Executive Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive Employee may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive Employee shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company 's ’s request made within thirty (30) days of the date of such written statement, Executive Employee shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive Employee or Executive's Employee’s doctor and such doctor shall have concurred in the conclusion of Executive's Employee’s doctor. In the event this Agreement is terminated as a result of Executive's Employee’s disability, Executive Employee shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time a period is remaining under the Initial Term of this Agreement or for one (1) year , whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability .

Appears in 4 contracts

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

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive Employee shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive's Employee’s employment hereunder provided Executive Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive Employee may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive Employee shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company 's ’s request made within thirty (30) days of the date of such written statement, Executive Employee shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive Employee or Executive's Employee’s doctor and such doctor shall have concurred in the conclusion of Executive's Employee’s doctor. In the event this Agreement is terminated as a result of Executive's Employee’s disability, Executive Employee shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater ; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability .

Appears in 4 contracts

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

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) calendar days after receiving written notice (which notice may occur before or after the end of such four (4) four-month period, but which shall not be effective earlier than the last day of such four (4) four-month period), the Company may terminate Executive 's ’s employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his Executive’s life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company 's ’s request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive 's ’s doctor and such doctor shall have concurred in the conclusion of Executive 's ’s doctor. In the event If this Agreement is terminated during the Term as a result of Executive 's ’s disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the a severance payment equal to three (3) times his monthly base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability effect.

Appears in 4 contracts

Samples: Employment Agreement (Hercules Offshore, LLC), Employment Agreement (Hercules Offshore, LLC), Employment Agreement (Hercules Offshore, LLC)

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) 30 days after receiving written notice (which notice may occur before or after the end of such four (4) four-month period, but which shall not be effective earlier than the last day of such four (4) four-month period), the Company IES may terminate Executive 's ’s employment hereunder hereunder, provided that Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life health, provided that Executive shall have furnished the Company IES with a written statement from a qualified doctor reasonably acceptable to IES to such effect and provided, further, that, at the Company's IES’ request made within thirty (30) 30 days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company IES who is reasonably acceptable to Executive or Executive 's ’s doctor and such second doctor shall have concurred in the conclusion of Executive 's ’s doctor. In the event this Agreement is terminated as a result of Executive 's ’s disability, Executive shall receive from the Company IES, in a lump- lump sum payment due within ten (10) 10 days of the effective date of termination, the six months of base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability effect.

Appears in 4 contracts

Samples: Amended and Restated Employment Agreement (Integrated Electrical Services Inc), Employment Agreement (Integrated Electrical Services Inc), Amended and Restated Employment Agreement (Integrated Electrical Services Inc)

Disability. If, as a result of incapacity due to physical or mental illness or injury the Executive’s Disability (as defined below), the Executive shall have been absent from his the Executive’s duties hereunder on a full-time duties hereunder basis for four (4) the entire period of six consecutive months, then and, within thirty (30) days after receiving written notice of termination is given by the Company (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) six-month period), the Company may terminate Executive shall not have returned to the performance of the Executive 's employment ’s duties hereunder provided Executive is unable to resume his on a full-time duties with or without reasonable accommodation at basis, the conclusion Executive’s employment shall terminate. For purposes of this Agreement, the term “Disability” shall have the same meaning as ascribed to such term under the Company's long-term disability plan in which Executive is participating; provided that in the absence of such notice period. Also plan (or the absence of Executive's participation in such plan), Executive may terminate his employment hereunder if his health should become impaired Disability shall mean Executive’s inability to an extent that makes the continued performance of substantially perform his duties hereunder hazardous due to his a medically determinable physical or mental health or his life, provided that Executive shall have furnished the Company with impairment which has lasted for a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty period of not less than one hundred twenty ( 30 120) consecutive days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten any twelve ( 10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability 12)-month period.

Appears in 4 contracts

Samples: Executive Employment Agreement (Ross Stores Inc), Executive Employment Agreement (Ross Stores Inc), Executive Employment Agreement (Ross Stores Inc)

Disability. If The Company will make efforts to reasonably accommodate Employee as required by applicable state or federal disability laws. However, the parties irrebutably presume that, given Employee's position, it would be an undue hardship to the Company if Employee is absent for more than three (3) consecutive months. Therefore, if as a result of incapacity due to physical or mental illness or injury, Executive Employee shall have been absent from his full-time duties hereunder for four three ( 4 3) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four three ( 4 3) month period, but which shall not be effective earlier than the last day of such four three ( 4 3) month period), the Company may terminate Executive Employee's employment hereunder provided Executive Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive Employee may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive Employee shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, that at the Company's request made within thirty (30) days of the date of such written statement, Executive Employee shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive Employee or Executive Employee's doctor and such doctor shall have concurred in the conclusion of Executive Employee's doctor. In the event this Agreement is terminated as a result of Executive Employee's disability, Executive Employee shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one six ( 1 6) year months, whichever amount is greater ; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability .

Appears in 4 contracts

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

Disability. If The Company will make efforts to reasonably accommodate Employee as required by applicable state or federal disability laws. However, the parties irrebutably presume that, given Employee's position, it would be an undue hardship to the Company if Employee is absent for more than three (3) consecutive months. Therefore, if as a result of incapacity due to physical or mental illness or injury, Executive Employee shall have been absent from his full-time duties hereunder for four three ( 4 3) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four three ( 4 3) month period, but which shall not be effective earlier than the last day of such four three ( 4 3) month period), the Company may terminate Executive Employee's employment hereunder provided Executive Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive Employee may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive Employee shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, that at the Company's request made within thirty (30) days of the date of such written statement, Executive Employee shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive Employee or Executive Employee's doctor and such doctor shall have concurred in the conclusion of Executive Employee's doctor. In the event this Agreement is terminated as a result of Executive Employee's disability, Executive Employee shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability Agreement.

Appears in 4 contracts

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

Disability. If, Disability" shall mean a physical or mental ---------- incapacity as a result of incapacity due to physical or mental illness or injury, which Executive shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive's employment hereunder provided Executive is becomes unable to resume his full-time duties with or without reasonable accommodation at continue the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued proper performance of his duties hereunder hazardous (reasonable absences because of sickness for up to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty two ( 30 2) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater consecutive months excepted; provided, however, that any such payments new period of incapacity or absence shall be reduced deemed to be part of a prior period of incapacity or absence if the prior period terminated within ninety (90) days of the beginning of the new period of incapacity or absence and the incapacity or absence is determined by the amount Company's Board of any disability insurance payments payable Directors, in good faith, to be related to the prior incapacity or absence). A determination of Disability shall be subject to the certification of a qualified medical doctor agreed to by the Company and Executive or in the event of Executive's incapacity to designate a doctor, Executive's legal representative. In the absence of agreement between the Company and Executive, each party shall nominate a qualified medical doctor and the two (2) doctors so nominated shall select a third doctor, who shall make the determination as a result to Disability. IV.2 Termination by Company. The Company may terminate Executive's ---------------------- employment hereunder immediately for Cause. Subject to the other provisions contained in this Agreement, the Company may terminate this Agreement for any reason other than Cause upon thirty (30) days' written notice to Executive. The effective date of termination ("Effective Date") shall be considered to be thirty (30) days subsequent to written notice of termination; however, the Company may elect to have Executive leave the Company immediately. IV.3 Termination by Executive. Executive may terminate his ------------------------ employment hereunder upon thirty (30) days' written notice to the Company. The effective date of termination ("Effective Date") shall be considered to be thirty (30) days subsequent to written notice of termination; however, the Company may elect to have Executive leave the Company immediately. IV.4 Death or Disability of Executive. Executive's employment -------------------------------- hereunder shall terminate immediately upon the death or Disability of Executive. IV.5 Severance Benefits Received Upon Termination. -------------------------------------------- (a) If Executive's employment is terminated by the Company for Cause, or Executive terminates this Agreement pursuant to Section 4.3 other than for Good Reason, then the Company shall pay Executive his Base Salary through the Effective Date of such disability. termination plus credit for any vacation earned but not taken, and the Company shall thereafter have no further obligations to Executive under this Agreement. (b) If Executive's employment is terminated by the Company without Cause, or Executive terminates this Agreement for Good Reason, then the Company shall provide Executive:

Appears in 3 contracts

Samples: Certain Employment Agreement (St John Knits Inc), Certain Employment Agreement (St John Knits Inc), Letter Employment Agreement (St John Knits Inc)

Disability. If, If as a result of incapacity due to physical or mental illness or injury, Executive Employee shall have been absent from his Employee's full-time duties hereunder for four three ( 4 3) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four three ( 4 3) month period, but which shall not be effective earlier than the last day of such four three ( 4 3) month period), the Company may terminate Executive Employee's employment hereunder provided Executive Employee is unable to resume his Employee's full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive Employee may terminate his Employee's employment hereunder if his health should become impaired to an extent that makes the continued performance of his Employee's duties hereunder hazardous to his Employee's physical or mental health or his life, provided that Executive Employee shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive Employee shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive Employee or Executive Employee's doctor and such doctor shall have concurred in the conclusion of Executive Employee's doctor. In the event this Agreement is terminated as a result of Executive Employee's disability disability at any time prior to the date one-half of the Term of this Agreement has expired, Executive Employee shall receive for an additional six months from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the Company Employee's base salary at the rate then in effect effect, payable at the Company's regular and customary intervals for whatever the payment of salaries as then in effect. In the event this Agreement is terminated as a result of Employee's disability at any time period is remaining under after one-half of the Initial Term of this Agreement has expired, Employee shall receive for the remainder of the Term of this Agreement from the Company Employee's base salary at the rate then in effect, payable at the Company's regular and customary intervals for the payment of salaries as then in effect. In either case, all outstanding but unvested stock, options, or for one (1) year stock equivalents will vest or accelerate immediately, whichever amount is greater; provided will be the property of the estate, however heirs or other descendants, that any such payments shall and may be reduced by the amount of any disability insurance payments payable exercised pursuant to the Executive as a result of such disability section 7 below.

Appears in 3 contracts

Samples: Executive Employment Agreement (Ronco Brands, Inc.), Executive Employment Agreement (Ronco Brands, Inc.), Executive Employment Agreement (Ronco Brands, Inc.)

Disability. If If the Company and the Bank determine in good faith that the Executive is disabled, using the definition of Disability below, they may give to the Executive a written notice of Disability. The Executive’s employment shall automatically terminate effective on the 30th day after such notice to the Executive (the “Disability Effective Date”), unless, within thirty (30) days after such notice, the Executive has returned to effective full-time performance of his duties. The Executive shall continue to receive his Base Salary, and other forms of compensation as provided by this Agreement, until the Disability Effective Date, notwithstanding his inability to render services to the Company and the Bank; provided, however, that to the extent that the Executive receives compensation or benefits under any short-term or long-term disability insurance plan sponsored or provided by the Company or the Bank, or under any Bank or Company workers compensation policy, his Base Salary may be reduced by the amount of such compensation or benefits. For purposes of this Agreement, “Disability” shall mean the absence of the Executive from his duties with the Company on a full-time basis, after all vacation days have been exhausted, for ninety (90) consecutive days or for a cumulative period of 120 days during any twelve (12) consecutive calendar months as a result of incapacity due to mental or physical illness. If there is a disagreement as to whether or mental illness or injury, Executive shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after not the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive's employment hereunder provided Executive is unable incapacitated from work, or whether or not he can effectively perform his job, there shall be a determination as to resume his full-time the Executive’s ability to perform the duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance and responsibilities of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination position by a doctor physician selected by the Company and the Bank, and who is reasonably acceptable to the Executive or the Executive 's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability ’s legal representative.

Appears in 3 contracts

Samples: Employment Agreement (Coast Financial Holdings Inc), Employment Agreement (Coast Financial Holdings Inc), Employment Agreement (Coast Financial Holdings Inc)

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive Employee shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive Employee's employment hereunder provided Executive Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive Employee may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive Employee shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive Employee shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive Employee or Executive Employee's doctor and such doctor shall have concurred in the conclusion of Executive Employee's doctor. In the event this Agreement is terminated as a result of Executive Employee's disability, Executive Employee shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one six ( 1 6) year months, whichever amount is greater ; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability .

Appears in 3 contracts

Samples: Non Competition Agreement (Friede Goldman International Inc), Non Competition Agreement (Friede Goldman International Inc), Agreement and Plan of Reorganization and Merger (Palex Inc)

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his Executive's full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive's employment hereunder hereunder, provided Executive is unable to resume his Executive's full-time duties with or without reasonable accommodation at the conclusion of such notice period . Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor . In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the Company Executive's base salary at the rate then in effect for whatever the lesser of the time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever and such amount is greater; provided, however, that any such payments shall be reduced payable during such period in a manner consistent with Company's standard pay practices. The amount payable hereunder shall be decreased by the amount of benefits otherwise actually paid by the Company to Executive or on Executive's behalf or under any disability insurance payments payable to procured by the Executive as a result of such disability Company.

Appears in 3 contracts

Samples: Employment Agreement (Comfort Systems Usa Inc), Comfort Systems Usa Inc, Comfort Systems Usa Inc

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time duties hereunder for four six ( 4 6) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four six ( 4 6) month period, but which shall not be effective earlier than the last day of such four six ( 4 6) month period), the Company may terminate Executive's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability. base

Appears in 3 contracts

Samples: Marinemax Inc, Marinemax Inc, Marinemax Inc

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time duties hereunder for four three ( 4 3) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four three ( 4 3) month period, but which shall not be effective earlier than the last day of such four three ( 4 3) month period), the Company Corporation may terminate Executive's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his this employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company Corporation with a written statement from a qualified doctor to such effect and provided, further, that, at the Company Corporation's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company Corporation who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall (i) receive from the Company, in a lump-sum payment due within ten thirty ( 10 30) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any year and (ii) the Corporation shall make the insurance premium payments contemplated by COBRA for a period of eighteen (18) months after such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability termination.

Appears in 3 contracts

Samples: Covenant Not to Compete (Urban Cool Network Inc), Employment Agreement Between (Urban Cool Network Inc), Covenant Not to Compete (Urban Cool Network Inc)

Disability. If, as a result of long-term incapacity or disability from which Executive is not reasonably likely to continue to full employment, as such concept is defined in the insurance programs, from time to time, maintained by the Company ("Long-Term Disability") due to physical or mental illness or injury, Executive shall have been absent from his full-time duties hereunder for four six ( 4 6) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four six ( 4 6) month period, but which shall not be effective earlier than the last day of such four six ( 4 6) month period), the Company may terminate Executive's employment hereunder hereunder, provided that Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period . If, as a result of a short-term incapacity or disability from which Executive is reasonably likely to continue to full employment, as such concept is defined in the insurance programs, from time to time, maintained by the Company ("Short-Term Disability") due to physical or mental illness or injury, Executive shall have been absent from his full-time duties hereunder for twelve (12) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such twelve (12) month period, but which shall not be effective earlier than the last day of such twelve (12) month period), the Company may terminate Executive's employment hereunder, provided that Executive is unable to resume his full-time duties at the conclusion of such notice period. During such six (6) month or twelve (12) month period, the Company shall pay to Executive his base salary amount hereunder net of any disability insurance payments under policies maintained by the Company or Pentacon which are received by Employee; provided, however, that such payments shall be netted only to the extent that the premiums for such insurance are borne by the Company and are not paid or reimbursed by the Executive. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In Notwithstanding the payments made pursuant to the provision of this subsection (b) above, in the event this Agreement is terminated as a result of Executive's disability Short-Term Disability or Long-Term Disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term (as hereinafter defined) of this Agreement or Agreement, but for not less than one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability year and not more than two (2) years.

Appears in 3 contracts

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

Disability. If, as a result of the Executive's incapacity due to physical or mental illness illness, disability or injury, impairment the Executive shall have been absent from failed to perform all of his full-time duties hereunder under this Agreement for a period in excess of four (4) consecutive months, then thirty or in excess of one hundred eighty non-consecutive days within any period of three hundred sixty five ( 30 365) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period) days, the Company may terminate the Executive's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished under this Agreement for "Disability." If the Company with and the Executive do not agree on whether there exists a written statement from condition constituting a Disability, the determination of a Disability shall be made by a qualified doctor to such effect physician selected and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected paid for by the Company who is (and reasonably acceptable to Executive or the Executive 's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability ), Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments whose determination shall be reduced by conclusive and binding on the amount of any disability insurance payments payable to Company and the Executive as a result of such disability Executive.

Appears in 3 contracts

Samples: Employee Stock Purchase Plan (Fine Air Services Inc), Employee Stock Purchase Plan (Fine Air Services Corp), Employee Stock Purchase Plan (Fine Air Services Corp)

Disability. If, as In the event that Executive is unable to perform his duties under this Agreement on account of a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time duties hereunder disability which continues for four one hundred eighty ( 4 180) consecutive days or more, or for an aggregate of one hundred eighty (180) days in any period of twelve (12) months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period Company may, but which shall not be effective earlier than the last day of such four (4) month period) in its discretion, the Company may terminate Executive's employment hereunder hereunder. Company's obligation to make payments under this Agreement shall, except for earned but unpaid Base Salary and AVCP awards, cease on the first to occur of (i) the date that is six (6) months after such termination or (ii) the date Executive becomes entitled to benefits under a Company-provided Executive is unable to resume his full long- time duties with or without reasonable accommodation at term disability program. For purposes of this Agreement, "Disability" shall be defined by the conclusion terms of Company's long-term disability policy, or, in the absence of such notice period. Also policy, as a physical or mental disability that prevents Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance from performing substantially all of his duties hereunder hazardous under this Agreement and which is expected to be permanent. Company may only terminate Executive on account of Disability after giving due consideration to whether reasonable accommodations can be made under which Executive is able to fulfill his duties under this Agreement. The commencement date and expected duration of any physical or mental health or condition that prevents Executive from perform- ing his life, provided that Executive duties hereunder shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination be determined by a medical doctor selected by the Company. Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company may, in its discretion, require written confirmation from a lump-sum payment due within ten (10) days physician of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that Disability during any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability extended absence.

Appears in 3 contracts

Samples: Equity Incentive Plan (Trimas Corp), Equity Incentive Plan (Trimas Corp), Equity Incentive Plan (Trimas Corp)

Disability. If, If as a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time Executive's duties hereunder for four (4) consecutive six months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) six month period, but which shall not be effective earlier than the last day of such four (4) six month period ) , the Company may terminate Executive's employment hereunder provided Executive is unable to resume substantially perform his full-time duties with or without reasonable accommodation hereunder at the conclusion of such notice period. Also period (a "Disability"), Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination as determined by a doctor physician mutually selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor parties hereto. In the event this Agreement Executive's employment is terminated as a result of Executive's disability Disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, an amount equal to the base salary at Accrued Amounts. Additionally, if Executive is terminated due to a Disability, any unvested equity compensation granted to Executive under any Plan shall immediately vest and any vested warrants may be exercised on or before the rate then in effect for whatever time earlier of: (i) the warrant's expiration date or (ii) eighteen months after Executive's termination due to the Disability. Any warrant that remains unexercised after this period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by forfeited. Other than the amount of any disability insurance payments payable benefits described above, no further compensation or benefits shall be due or owing upon Executive's termination due to the Executive as a result of such disability Disability.

Appears in 2 contracts

Samples: Employment Agreement (Maven Media Holdings, Inc.), Employment Agreement (Maven Media Holdings, Inc.)

Disability. If, If as a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time Executive’s duties hereunder for four six ( 4 6) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four six ( 4 6) month period, but which shall not be effective earlier than the last day of such four six ( 4 6) month period), the Company may terminate Executive 's ’s employment hereunder provided Executive is unable to resume substantially perform his full-time duties with or without reasonable accommodation hereunder at the conclusion of such notice period. Also period (a “Disability”), Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination as determined by a doctor physician mutually selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor parties hereto. In the event this Agreement the Executive’s employment is terminated as a result of Executive's disability Disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, an amount equal to the base salary at sum of the rate Base Salary and bonus, if any, that would have been paid to Executive through the end of the then remaining Term if the Executive was not disabled or for six months, whichever is less (assuming that Executive would have received no further increases in effect for whatever time period his Base Salary after his termination of employment and assuming achievement of all performance factors applicable to Executive’s participation in any Bonus Plan). The Executive shall also be entitled to the Accrued Amounts. Additionally, if Executive is remaining terminated due to a Disability, any unvested equity compensation granted to Executive under the Initial Term of Plan shall immediately vest and any vested options may be exercised on or before the earlier of: (i) the option’s expiration date or (ii) twelve months after the Executive’s termination due to the Disability. Any option that remains unexercised after this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments period shall be reduced by forfeited. Other than the amount of any disability insurance payments payable benefits described above, no further compensation or benefits shall be due or owing upon the Executive’s termination due to the Executive as a result of such disability Disability.

Appears in 2 contracts

Samples: Employment Agreement (Wireless Holdings Inc), Employment Agreement (Wireless Holdings Inc)

Disability. If, If as a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time Executive’s duties hereunder for four (4) consecutive six months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) six month period, but which shall not be effective earlier than the last day of such four (4) six month period ) , the Company may terminate Executive 's ’s employment hereunder provided Executive is unable to resume substantially perform his full-time duties with or without reasonable accommodation hereunder at the conclusion of such notice period. Also period (a “Disability”), Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination as determined by a doctor physician mutually selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor parties hereto. In the event this Agreement Executive’s employment is terminated as a result of Executive's disability Disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, an amount equal to the base salary at Accrued Amounts. Additionally, if Executive is terminated due to a Disability, any unvested equity compensation granted to Executive under any Plan (including the rate then in effect for whatever time Options) shall immediately vest and any vested warrants may be exercised on or before the earlier of: (i) the warrant’s expiration date or (ii) eighteen months after Executive’s termination due to the Disability. Any warrant that remains unexercised after this period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by forfeited. Other than the amount of any disability insurance payments payable benefits described above, no further compensation or benefits shall be due or owing upon Executive’s termination due to the Executive as a result of such disability Disability.

Appears in 2 contracts

Samples: Employment Agreement (Midas Medici Group Holdings, Inc.), Employment Agreement (Midas Medici Group Holdings, Inc.)

Disability. If If the Bank or Executive determines in good faith that the Disability (as defined below) of Executive has occurred during the Term, as a result either such party may give written notice to the other party of incapacity due its or his intention to physical or mental illness or injury terminate Executive’s employment on account of Executive’s Disability. In such event, Executive Executive’s employment with the Bank shall have been absent from his full-time duties hereunder for four (4) consecutive months terminate effective on the 30th day after receipt of such written notice by either party, then provided that, within the thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period receipt, but which Executive shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive's employment hereunder provided Executive is unable have returned to resume his full-time performance of Executive’s duties. “Disability” shall mean the inability of Executive, as reasonably determined by either party, to perform the essential functions of his regular duties and responsibilities, with or without reasonable accommodation at the conclusion of such notice period. Also accommodation, Executive may terminate his employment hereunder if his health should become impaired due to an extent that makes the continued performance of his duties hereunder hazardous to his a medically determinable physical or mental health illness which has lasted (or can reasonably be expected to last) for a period of six (6) consecutive months. At the request of Executive or his life personal representative or the Bank, provided either party’s determination that the Disability of Executive has occurred shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination be certified by a doctor selected physician mutually agreed upon by Executive, or his personal representative, and the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability Bank.

Appears in 2 contracts

Samples: Employment Agreement (Prime Meridian Holding Co), Employment Agreement (Prime Meridian Holding Co)

Disability. If, as a result If the Company terminates Executive's employment by ---------- reason of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time duties hereunder for four Executive's "disability," ( 4) consecutive months defined below), then the following shall occur: (1) the Company shall pay to Executive within thirty (30) days after receiving written notice (which notice may occur before or after the end date of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate termination Executive's employment hereunder provided Accrued Compensation (as defined in Section 6(i) below); (2) all outstanding stock options and other equity-type incentives held by Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion time of such notice period. Also, Executive may terminate his employment hereunder if his health should Executive's termination will become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days fully vested as of the date of such written statement termination (whether or not fully vested immediately prior to Executive's termination) and remain exercisable until their originally scheduled expiration dates; and (3) Executive and Executive's spouse and covered dependents will be entitled to continued participation in the Company's group health plan(s) or at the same benefit level and to the same extent, if any, as such continued participation at the expense of the Company is available to the shareholder/officers of the Company generally and, thereafter, for such additional period as may be available under COBRA at Executive's expense. For purposes of this Agreement, the term "disability" means any medically determinable physical or mental condition or impairment which prevents the Executive from performing the principal functions of Executive's duties with the Company that can be expected to result in death or that has lasted or can be expected to last for a period of ninety (90) consecutive days or for shorter periods aggregating one hundred and eighty (180) days in any consecutive twelve (12) month period, with such determination to be made by an approved medical doctor. For this purpose an approved medical doctor shall submit to an examination by mean a medical doctor selected by the Company who is reasonably acceptable to Executive or and Executive 's . If the parties cannot agree on a medical doctor, each party shall select a medical doctor and such the two doctors shall select a third medical doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments who shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability approved medical doctor for this purpose.

Appears in 2 contracts

Samples: Employment Agreement (Korn Ferry International), Korn Ferry International

Disability. If, as a result of incapacity due to physical or mental illness or injury Disability, as determined by The Orchard, Executive shall have been absent from his full-time duties hereunder or unable to materially fulfill his full-time duties (as determined by The Orchard) hereunder for four three ( 4 3) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before on or after the end of such four three ( 4) month period, but which shall not be effective earlier than the last day of such four (4 3) month period), the Company The Orchard may terminate Executive 's ’s employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate initiate termination of his employment hereunder under this Section 7.2 if as a result of Disability his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life health, provided that Executive shall have furnished the Company The Orchard with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's The Orchard’s request made within thirty ten ( 30 10) days of from the date of receipt of such written statement, Executive shall submit on a timely basis to an examination by a qualified doctor selected by the Company The Orchard who is reasonably acceptable to Executive or Executive 's ’s doctor (such acceptability will not be unreasonably withheld) and such doctor shall have concurred in with the conclusion of Executive 's ’s doctor. For purposes of this Agreement, “Disability” means the Executive is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months. In the event this Agreement is terminated as a result of Executive's disability order to receive Disability benefits, Executive shall receive from the Company must cooperate with The Orchard in making such Disability determination, in including providing such medical evidence as may reasonably be requested by The Orchard or submission to a lump-sum payment due medical examination(s) by a qualified doctor(s) selected by The Orchard. Executive must comply with any such requests within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability days.

Appears in 2 contracts

Samples: Amended and Restated Employment Agreement (Orchard Enterprises, Inc.), Employment Agreement (Orchard Enterprises, Inc.)

Disability. If, as a result of Executive's incapacity due to physical or mental illness or injury, Executive shall have been absent from his the full-time performance of his duties hereunder with the Company (i) for four a period of three consecutive months or ( 4 ii) consecutive months for shorter periods aggregating 180 or more business days in any 12-month period and, then thirty (30) within 30 days after receiving written notice (which notice may occur before or after of termination is thereafter given by the end of such four (4) month period Company, but which Executive shall not be effective earlier than have returned to the last day full-time performance of such four (4) month period) his duties, the Company may terminate Executive's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company 's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor . In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of any such termination, the base salary at Company shall pay Executive the rate then in effect for whatever time period is remaining under Base Salary through the Initial end of the Term of this Agreement or for one ( 1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable as determined without regard to the Executive as a result of such disability termination), payable in accordance with the Company's normal payroll practices.

Appears in 2 contracts

Samples: Executive Employment Agreement (Vari Lite International Inc), Executive Employment Agreement (Vari Lite International Inc)

Disability. If, as a result of incapacity due to physical or mental ---------- illness or injury, Executive shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period . Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor . In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten Company ( 10 I) days of the effective date of termination, the base salary Base Salary at the rate then in effect for whatever the lesser of the time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever and such amount is greater; provided, however, that any such payments shall be reduced payable during such period in a manner consistent with the Company's standard pay practices, and (ii) the Deferred Compensation, in accordance with Section 2(d) above. The amount payable as Base Salary hereunder shall be decreased by the amount of disability benefits otherwise actually paid to Executive by the Company or under any disability insurance payments payable to procured by the Executive as a result of such disability. Company or Metro..

Appears in 2 contracts

Samples: Metro Global Media Inc, Metro Global Media Inc

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive Employee shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive Employee's employment hereunder provided Executive Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive Employee may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive Employee shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive Employee shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor Employee and such doctor shall have concurred in the conclusion of Executive Employee's doctor. In the event this Agreement is terminated as a result of Executive Employee's disability, Executive Employee shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater ; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability .

Appears in 2 contracts

Samples: Employment Agreement Between (Collectibles Usa Inc), Employment Agreement Between (Collectibles Usa Inc)

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive Employee shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive Employee's employment hereunder provided Executive Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive Employee may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive Employee shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive Employee shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive Employee or Executive Employee's doctor and such doctor shall have concurred in the conclusion of Executive Employee's doctor. In the event this Agreement is terminated as a result of Executive Employee's disability, Executive Employee shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time a period is remaining under the Initial Term of this Agreement or for one (1) year , whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability .

Appears in 2 contracts

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

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive Employee shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive Employee's employment hereunder provided Executive Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive Employee may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive Employee shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive Employee shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive Employee or Executive Employee's doctor and such doctor shall have concurred in the conclusion of Executive Employee's doctor. In the event this Agreement is terminated as a result of Executive Employee's disability, Executive Employee shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary salary, at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability Agreement.

Appears in 2 contracts

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

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive Employee shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive's Employee’s employment hereunder provided Executive Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive Employee may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive Employee shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company 's ’s request made within thirty (30) days of the date of such written statement, Executive Employee shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive Employee or Executive's Employee’s doctor and such doctor shall have concurred in the conclusion of Executive's Employee’s doctor. In the event this Agreement is terminated as a result of Executive's Employee’s disability, Executive Employee shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date Date of termination Termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater ; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability .

Appears in 2 contracts

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

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive Employee shall have been absent from unable to perform the essential functions of his position, with or without reasonable accommodation, on a full-time duties hereunder basis for a period of 120 consecutive days, or for a total of four (4) consecutive months months in any six-month period, then thirty (30) 30 days after receiving written notice to Employee (which notice may occur be given before or after the end of such four (4) month period the aforementioned periods, but which shall not be effective earlier than the last day of such four (4) month the applicable period), the Company and UniCapital may terminate Executive Employee's employment hereunder provided Executive if Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also Subject to Section 6(e) below, Executive may terminate his if Employee's employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive Employee's disability, Executive the Company shall receive continue to pay Employee his base salary at the then-current rate for the lesser of (i) three months from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for or (ii) whatever time period is remaining under the Initial then-current period of the Term of this Agreement or for one ( 1) year, whichever amount is greater; provided, however, that any such without regard to renewals thereof). Such payments shall be reduced by made in accordance with the amount of any disability insurance payments payable to the Executive as a result of such disability Company's regular payroll cycle.

Appears in 2 contracts

Samples: Unicapital Corp, Unicapital Corp

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive Employee shall have been absent from unable to perform the essential functions of his position, with or without reasonable accommodation, on a full-time duties hereunder basis for a period of four (4) consecutive months, or for a total of four months in any six-month period, then thirty (30) 30 days after receiving written notice to Employee (which notice may occur be given before or after the end of such four (4) month period the aforementioned periods, but which shall not be effective earlier than the last day of such four (4) month the applicable period), the Company may terminate Executive Employee's employment hereunder provided Executive if Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his If Employee's employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive Employee's disability, Executive the Company shall receive continue to pay Employee his base salary at the then-current rate for the lesser of (i) three months from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for or (ii) whatever time period is remaining under the Initial then-current period of the Term of this Agreement or for one ( 1) year, whichever amount is greater; provided, however, that any such without regard to renewals thereof). Such payments shall be reduced by made in accordance with the amount of any disability insurance payments payable to the Executive as a result of such disability. Company's regular payroll cycle. 2 3

Appears in 2 contracts

Samples: Unicapital Corp, Unicapital Corp

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) calendar days after receiving written notice (which notice may occur before or after the end of such four (4) four-month period, but which shall not be effective earlier than the last day of such four (4) four-month period), the Company may terminate Executive 's ’s employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his Executive’s life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company 's ’s request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive 's ’s doctor and such doctor shall have concurred in the conclusion of Executive 's ’s doctor. In the event If this Agreement is terminated during the Term as a result of Executive 's ’s disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the a severance payment equal to three (3) times his monthly base salary at the rate then in effect effect, and any unpaid bonus earned with respect to any year preceding the date of termination will be payable when bonuses for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable year are paid to the Executive as a result of such disability other company executives.

Appears in 2 contracts

Samples: Employment Agreement (Hercules Offshore, LLC), Employment Agreement (Hercules Offshore, LLC)

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his her full-time duties hereunder or unable to materially fulfill her full-time duties hereunder for four three ( 4 3) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four three ( 4 3) month period, but which shall not be effective earlier than the last day of such four three ( 4 3) month period), the Company DMGI may terminate Executive 's ’s employment hereunder provided Executive is unable to resume his her full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his initiate termination of her employment hereunder under this Section 7.2 if his her health should become impaired to an extent that makes the continued performance of his her duties hereunder hazardous to his her physical or mental health or his life health, provided that Executive shall have furnished the Company DMGI with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's DMGI’s request made within thirty ten ( 30 10) days of from the date of receipt of such written statement, Executive shall submit on a timely basis to an examination by a qualified doctor selected by the Company DMGI who is reasonably acceptable to Executive or Executive 's ’s doctor (such acceptability will not be unreasonably withheld) and such doctor shall have concurred in with the conclusion of Executive 's ’s doctor . In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability .

Appears in 2 contracts

Samples: Employment Agreement (Digital Music Group, Inc.), Employment Agreement (Digital Music Group, Inc.)

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period . PROVIDED, HOWEVER, IF COMPANY'S THEN-EXISTING DISABILITY (SHORT/LONG TERM) PROGRAM PROVIDES MORE BENEFITS, THEN COMPANY'S DISABILITY PROGRAM SHALL CONTROL. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability.

Appears in 2 contracts

Samples: Non Competition Agreement (Metals Usa Inc), Non Competition Agreement (Metals Usa Inc)

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) 30 days after receiving written notice (which notice may occur before or after the end of such four (4) four-month period, but which shall not be effective earlier than the last day of such four (4) four-month period), the Company may terminate Executive's employment hereunder hereunder, provided that Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life health, provided that Executive shall have furnished the Company with a written statement from a qualified doctor reasonably acceptable to the Company to such effect and provided, further, that, at the Company's request made within thirty (30) 30 days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such second doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump- lump sum payment due within ten (10) 10 days of the effective date of termination, the base salary at the rate then in effect (i) during the Initial Term, for whatever time period period, if any, is remaining under the Initial Term of this Agreement or for Term, provided that such period shall not be less than one (1) year, whichever amount is greater; provided and (ii) during the Extended Term, however, that any such payments shall be reduced by the amount equivalent to one year of any disability insurance payments payable to the Executive as a result of such disability base salary.

Appears in 2 contracts

Samples: Integrated Electrical Services Inc, Integrated Electrical Services Inc

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time duties hereunder for four six ( 4 6) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four six ( 4 6) month period, but which shall not be effective earlier than the last day of such four six ( 4 6) month period), the Company may terminate Executive's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability. shall

Appears in 2 contracts

Samples: Marinemax Inc, Marinemax Inc

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time duties hereunder for four six ( 4 6) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four six ( 4 6) month period, but which shall not be effective earlier than the last day of such four six ( 4 6) month period), the Company may terminate Executive's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever the lesser of the time period is then remaining under the Initial Term of this Agreement or for one (1) year , whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability .

Appears in 2 contracts

Samples: Marinemax Inc, Marinemax Inc

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his his/her full-time duties hereunder for four (4) consecutive months, then thirty (30) 30 days after receiving written notice (which notice may occur before or after the end of such four (4) four-month period, but which shall not be effective earlier than the last day of such four (4) four-month period), the Company IES may terminate Executive's employment hereunder hereunder, provided that Executive is unable to resume his his/her full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his his/her employment hereunder if his his/her health should become impaired to an extent that makes the continued performance of his his/her duties hereunder hazardous to his his/her physical or mental health or his life health, provided that Executive shall have furnished the Company IES with a written statement from a qualified doctor reasonably acceptable to IES to such effect and provided, further, that, at the Company's IES' request made within thirty (30) 30 days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company IES who is reasonably acceptable to Executive or Executive's doctor and such second doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company IES, in a lump- lump sum payment due within ten (10) 10 days of the effective date of termination, the six months of base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability effect.

Appears in 2 contracts

Samples: Integrated Electrical Services Inc, Integrated Electrical Services Inc

Disability. If, as a result of incapacity due to physical or mental illness or injury, as reasonably determined by the Executive's physician, the Executive shall have been absent from his the Executive's full-time duties hereunder for four six ( 4 6) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four six ( 4 6) month period, but which shall not be effective earlier than the last day of such four six ( 4 6) month period), the Company Enfinity may terminate the Executive's employment hereunder provided the Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, the Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his the Executive's material duties hereunder hazardous to his the Executive's physical or mental health or his life, provided that the Executive shall have furnished the Company Enfinity with a written statement from a qualified the Executive's doctor to such effect and provided, further, that, at the Company Enfinity's request made within thirty (30) days of the date of such written statement, the Executive shall submit to an examination by a doctor selected by the Company Enfinity who is reasonably acceptable to the Executive or Executive's his doctor and such doctor shall have concurred in the conclusion of the Executive's doctor . If the two doctors cannot agree as to whether or not the Executive is so disabled, the two doctors shall designate a third doctor to examine the Executive and a majority of the three doctors so selected shall make such determination. In the event this Agreement is terminated by either party as a result of the Executive's disability, Enfinity shall continue to compensate the Executive at his then-current base salary until such time as any applicable waiting periods under the Executive's long-term disability policy provided by Enfinity shall be exhausted and the Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any be receiving payments pursuant to such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability policy.

Appears in 2 contracts

Samples: Constitutes the Entire Agreement (Enfinity Corp), Constitutes the Entire Agreement (Enfinity Corp)

Disability. If, as a result of incapacity due to physical or mental illness or injury, the Executive shall have been absent from his her full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate the Executive's employment hereunder provided the Executive is unable to resume his her full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also In addition, the Executive may terminate his her employment hereunder if his her health should become impaired to an extent that makes the continued performance of his her duties hereunder hazardous to his her physical or mental health or his her life, provided that the Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, the Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to the Executive or Executive's doctor and such doctor shall have concurred in the conclusion of the Executive's doctor. In the event this Agreement is terminated as a result of the Executive's disability, the Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary Base Salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater ; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability .

Appears in 2 contracts

Samples: Incentive Compensation Plan (Collectibles Usa Inc), Incentive Compensation Plan (Collectibles Usa Inc)

Disability. If, as a result of incapacity due to physical or mental illness or injury, the Executive shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate the Executive's employment hereunder provided the Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also In addition, the Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that the Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, the Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to the Executive or Executive's doctor and such doctor shall have concurred in the conclusion of the Executive's doctor. In the event this Agreement is terminated as a result of the Executive's disability, the Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary Base Salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater ; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability .

Appears in 2 contracts

Samples: Incentive Compensation Plan (Collectibles Usa Inc), Incentive Compensation Plan (Collectibles Usa Inc)

Disability. If, as a result of the Executive's incapacity due to physical or mental illness or injury as determined by a physician selected by the Executive, and reasonably acceptable to the Company, (i) the Executive shall have been absent from substantially unable to perform his duties hereunder for six consecutive months, or for an aggregate of 180 days during any period of twelve consecutive months and (ii) within thirty days after written Notice of Termination (as defined in Section 7 below) is given to the Executive after such six- or twelve-month period, the Executive shall not have returned to the substantial performance of his duties on a full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period) basis, the Company may shall have the right to terminate the Executive's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder for "Disability" and this Agreement shall be terminated if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with chooses to exercise such a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability right.

Appears in 2 contracts

Samples: Certificate of Incorporation (Nbty Inc), Certificate of Incorporation (Nbty Inc)

Disability. If, as a result of the Executive’s incapacity due to physical or mental illness or injury as determined by a physician selected by the Executive, and reasonably acceptable to the Company, (i) the Executive shall have been absent from substantially unable, even with reasonable accommodation, to perform his full-time duties hereunder for four (4) six consecutive months, then or for an aggregate of 180 days during any period of twelve consecutive months and (ii) within thirty (30) days after receiving written notice Notice of Termination ( which notice may occur before as defined in Section 7 below) is given to the Executive after such six- or after the end of such four (4) twelve-month period, but which the Executive shall not be effective earlier than have returned to the last day of such four (4) month period), the Company may terminate Executive's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued substantial performance of his duties hereunder hazardous to his physical or mental health or his life on a full-time basis, provided that Executive the Company shall have furnished the Company with a written statement from a qualified doctor right to such effect and provided, further, that, at terminate the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive 's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect ’s employment hereunder for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability “Disability”.

Appears in 2 contracts

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

Disability. If, as a result of the Executive’s incapacity due to physical or mental illness or injury illness, the Executive shall have been absent from unable to perform the essential functions of his full- position, even with reasonable accommodation that does not impose an undue hardship on the Company, on a full- time duties hereunder basis for four the entire period of six ( 4 6) consecutive months, then and within thirty (30) days after receiving written notice of termination is given (which notice may occur before or after the end of such four (4) six- month period ), but which shall not be effective earlier than have returned to the last day performance of such four his duties hereunder on a full-time basis ( 4) month period a “disability”), the Company may terminate the Executive 's ’s employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result 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 or injury illness, the Executive shall have been absent from unable to perform the essential functions of his position, even with reasonable accommodation that does not impose an undue hardship on the Company, on a full-time duties hereunder basis for four the entire period of six ( 4 6) consecutive months, then and within thirty (30) days after receiving written notice of termination is given (which notice may occur before or after the end of such four (4) six-month period ), but which shall not be effective earlier than have returned to the last day performance of such four his duties hereunder on a full-time basis ( 4) month period a “disability”), the Company may terminate the Executive 's ’s employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result on account of such disability . Apria, Inc. has requested confidential treatment of this registration statement and associated correspondence pursuant to Rule 83 of the Securities and Exchange Commission.

Appears in 2 contracts

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

Disability. If, as a result of incapacity during the Employment Term, Executive becomes unable, for 25 consecutive work days or 50 or more working days in any twelve-month period, to perform Executive’s services pursuant to this Agreement due to ill health or other physical or mental illness or injury incapacity (each, Executive shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period a “Disability”), the Company may terminate thereafter, upon no less than fifteen calendar days’ prior written notice (each, a “Disability Status Notice”) to Employee, place Executive on disability leave (“Disability Leave”). In any determination by the Board as to the giving of a Disability Status Notice, Executive 's employment hereunder provided , if a member of the Board, shall abstain from voting on such matter (but shall be deemed present for the determination of whether a quorum exists at the meeting at which such determination is made). After being placed on Disability Leave and for the remainder of the Employment Term (which may be terminated in accordance with paragraph 6(c) of this Agreement), Executive is unable shall thereafter only be entitled to resume his receive any amount payable to Executive under any disability insurance policy the premiums for which were paid for, in whole or part, by the Company, which Executive was entitled to receive as of the date of the giving of the Disability Status Notice until such time as Executive returns to full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished status and provides the Company with a written statement from medical opinion (a qualified doctor to such effect and provided “Medical Opinion of No Disability”), further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to the Board, that the reason for Executive’s inability to previously provide Executive’s services under this Agreement has been cured, is no longer affecting Executive or has otherwise been relieved (through medication or otherwise) to the extent necessary for Executive to perform Executive 's doctor and such doctor shall have concurred in ’s services to the conclusion of Executive's doctor full extent contemplated by this Agreement. In During period prior to the event this Agreement is terminated as giving a result of Executive's disability Disability Status Notice, Executive shall receive from the Company, in a lump-sum payment compensation due within ten Executive pursuant to section 4 ( 10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable subject to the number of vacation, sick and personal days Executive as a result of such disability is entitled to utilize under clause 4(e)(iii).

Appears in 2 contracts

Samples: Employment Agreement (Compliance Systems Corp), Employment Agreement (Compliance Systems Corp)

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after In the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive's employment hereunder provided event that Executive is unable to resume perform his full duties during the Term of Employment on account of a disability which continues for one hundred eighty (180) consecutive days or more, or for an aggregate of one hundred eighty (180) days in any period of twelve (12) months, Company may, in its discretion, terminate Executive’s employment hereunder. Company’s obligation to make payments under this Agreement shall, except for earned but unpaid Base Salary and earned and declared but unpaid AVCP awards and the payment described in the next sentence, cease on the first to occur of (i) the date that is six (6) months after such termination or (ii) the date Executive becomes entitled to benefits under a long- time duties with term disability program of Company or without reasonable accommodation at Metaldyne. For purposes of this Agreement, “Disability” shall be defined by the conclusion terms of Metaldyne’s long-term disability policy, or, in the absence of such notice period. Also policy, as a physical or mental disability that prevents Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance from performing substantially all of his duties hereunder hazardous under this Agreement and which is expected to be permanent. Company may only terminate Executive on account of Disability after giving due consideration to whether reasonable accommodations can be made under which Executive is able to fulfill his duties under this Agreement. The commencement date and expected duration of any physical or mental health or condition that prevents Executive from performing his life, provided that Executive duties hereunder shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination be determined by a medical doctor selected by the Company. Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company may, in its discretion, require written confirmation from a lump-sum payment due within ten (10) days physician of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that Disability during any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability extended absence.

Appears in 2 contracts

Samples: Employment Agreement Between (Metaldyne Corp), Employment Agreement Between (Metaldyne Corp)

Disability. If Subject to and conditioned upon the Company's compliance with applicable law, if, as a result of incapacity due to physical or mental illness or injury, Executive Consultant shall have been absent from his Consultant's full-time duties hereunder for four one hundred twenty ( 4 120) consecutive months days, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four one hundred twenty ( 4 120) month day period, but which shall not be effective earlier than the last day of such four one hundred twenty ( 4 120) month day period), the Company may terminate Executive Consultant's employment Engagement hereunder provided Executive Consultant is unable to resume his Consultant's full-time duties with or without reasonable accommodation at the conclusion of such thirty (30) day notice period. Also, Executive Consultant may terminate his employment Consultant's Engagement hereunder if his or her health should become impaired to an extent that makes the continued performance of his Consultant's duties hereunder hazardous to his Consultant's physical or mental health or his life, provided that Executive Consultant shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive Consultant shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive Consultant's doctor. In the event this Agreement is terminated as a result of Executive Consultant's disability, Executive Consultant shall receive from the Company have no right to any compensation hereunder or otherwise, except as set forth in a lump-sum payment due within ten subsection ( 10 f) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability SECTION 4.

Appears in 2 contracts

Samples: Resortquest International Inc, Resortquest International Inc

Disability. If The Company may terminate Executive’s employment hereunder if (i) as a result of Executive’s incapacity due to physical or mental illness, Executive shall have been absent from his duties hereunder, with the approval of a physician selected or approved by the Company, for a period of 120 consecutive days or 180 days during any 365-day period, and (ii) within ten (10) days after written notice of termination is given by the Company to Executive (which may occur at or after the end of such period), Executive shall not have returned to the performance of his duties hereunder on a full-time basis. During any period that Executive fails to perform his duties hereunder as a result of incapacity due to physical or mental illness or injury (a “Disability Period”), Executive shall have been absent from continue to receive his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive's employment hereunder provided Executive is unable compensation pursuant to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate this Agreement until his employment hereunder if his health should become impaired is terminated pursuant to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, this Section 4; provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request payments so made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in during the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments Disability Period shall be reduced by the amount sum of any disability insurance payments the amounts, if any, payable to Executive under disability benefit plans of the Executive as a result of such disability Company.

Appears in 2 contracts

Samples: Employment Agreement (Repro Med Systems Inc), Employment Agreement (Repro Med Systems Inc)

Disability. If This Agreement will terminate upon the permanent ---------- disability of Founder. Founder will be deemed permanently disabled for the purpose of this Agreement if, as a result in the good faith determination of incapacity due to physical the Board, based on sound medical advice, Founder has become physically or mental illness or injury, Executive shall have been absent from mentally incapable of performing his full-time duties hereunder for four a continuous period of one hundred eighty ( 4 180) consecutive months days, then thirty (30) days after receiving written notice ( in which notice may occur before or after event Founder will be deemed permanently disabled upon the end expiration of such four one hundred eighty ( 4 180) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive Founder may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive Founder shall have furnished the Company with a written statement from a qualified doctor to such effect effect; and provided, further, provided further that, at the Company's request made within thirty (30) days of the date of such written statement, Executive Founder shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive Founder or Executive Founder's doctor and such doctor shall have concurred in the conclusion of Executive Founder's doctor. In the event this Agreement is terminated as a result of Executive Founder's permanent disability, Executive Founder shall receive from the Company, in a lump-sum payment due within ten thirty ( 10 30) days of the effective date of termination, an amount equal to the difference between (a) the base salary at the rate then in effect for the lesser of (i) whatever time period is remaining under the Initial Term of this Agreement or for and (ii) one (1) year, whichever amount is greater; provided, however, that any such minus (b) all payments shall be reduced by the amount in respect of any disability insurance payments Founder's salary payable to Founder under the Executive as a result of such disability Company's disability insurance, if any, for the same period.

Appears in 2 contracts

Samples: Employment Agreements (Hospitality Design & Supply Inc), Employment Agreements (Hospitality Design & Supply Inc)

Disability. If This Agreement will terminate upon the permanent ---------- disability of Founder. Founder will be deemed permanently disabled for the purpose of this Agreement if, as a result in the good faith determination of incapacity due to physical the Board, based on sound medical advice, Founder has become physically or mental illness or injury, Executive shall have been absent from mentally incapable of performing his full-time duties hereunder for four a continuous period of one hundred eighty ( 4 180) consecutive months days, then thirty (30) days after receiving written notice ( in which notice may occur before or after event Founder will be deemed permanently disabled upon the end expiration of such four one hundred eighty ( 4 180) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive Founder may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life health, provided that Executive Founder shall have furnished the Company with a written statement from a qualified doctor to such effect effect; and provided, further, provided further that, at the Company's request made within thirty (30) days of the date of such written statement, Executive Founder shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive Founder or Executive Founder's doctor and such doctor shall have concurred in the conclusion of Executive Founder's doctor. In the event this Agreement is terminated as a result of Executive Founder's permanent disability, Executive Founder shall receive from the Company, in a lump-sum payment due within ten thirty ( 10 30) days of the effective date of termination, an amount equal to the difference between (a) the base salary at the rate then in effect for the lesser of (i) whatever time period is remaining under the Initial Term of this Agreement or for and (ii) one (1) year, whichever amount is greater; provided, however, that any such minus (b) all payments shall be reduced by the amount in respect of any disability insurance payments Founder's salary payable to Founder under the Executive as a result of such disability Company's disability insurance, if any, for the same period.

Appears in 2 contracts

Samples: Employment Agreements (Hospitality Design & Supply Inc), Hospitality Design & Supply Inc

Disability. If, During any period during the Term that the Executive fails to perform his duties hereunder as a result of incapacity due a Disability (as defined below), ERGO will have the option to physical or mental illness or injury terminate Executive's employment by giving a notice of termination to Executive. The notice of termination shall specify the Date of Termination, Executive which date shall have been absent from his full-time duties hereunder for four (4) consecutive months, then not be earlier than thirty (30) days after receiving written the notice of termination is given. For purposes of this Agreement, “Disability” shall mean a physical or mental impairment that, as reasonably determined by the Board, renders the Executive unable to perform the essential functions of his employment with the Company, even with reasonable accommodation that does not impose an undue hardship on the Company, for more than 90 days in any 180-day period, unless a longer period is required by federal or state law, in which case that longer period would apply. If terminated due to Disability, in addition to the amounts set forth in subsection 7(a), ERGO shall ( which notice may occur before or i) pay the Executive Base Salary for a period of six (6) months after the Date of Termination, (ii) continue to cover Executive under applicable Benefit Plans through the end of such four the Term or Renewal Term. This provision does not become effective until Ninety ( 4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30 90) days of the date of such written statement, Executive shall submit to an examination after first signing by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability ERGO.

Appears in 1 contract

Samples: Employment Agreement (Entia Biosciences, Inc.)

Disability. If, During any period during the Term that the Executive fails to perform his duties hereunder as a result of incapacity due a Disability (as defined below), ERGO will have the option to physical or mental illness or injury terminate Executive's employment by giving a notice of termination to Executive. The notice of termination shall specify the Date of Termination, Executive which date shall have been absent from his full-time duties hereunder for four (4) consecutive months, then not be earlier than thirty (30) days after receiving written the notice of termination is given. For purposes of this Agreement, “Disability” shall mean a physical or mental impairment that, as reasonably determined by the Board, renders the Executive unable to perform the essential functions of his employment with the Company, even with reasonable accommodation that does not impose an undue hardship on the Company, for more than 90 days in any 180-day period, unless a longer period is required by federal or state law, in which case that longer period would apply. If terminated due to Disability, in addition to the amounts set forth in subsection 7(a), ERGO shall ( which notice may occur before or i) pay the Executive Base Salary for a period of six (6) months after the Date of Termination, (ii) continue to cover Executive under applicable Benefit Plans through the end of such four the Term or Renewal Term. This provision does not become effective until Ninety ( 4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30 90) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term after first signing of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability ERGO.

Appears in 1 contract

Samples: Employment Agreement (Entia Biosciences, Inc.)

Disability. If Employee shall be considered absent from employment because of disability if, as a result of incapacity due to physical disease, mental or mental emotional illness or physical injury, (i) he becomes unable or (ii) he is deemed by the Chief Executive shall Officer, or Chief Operating Officer, if any, with the approval of the Chief Executive Officer, in his judgment reasonably and in good faith exercised, to have been absent from become unable, during the Term of this Agreement, to perform the essential functions of his full-time duties position hereunder for four a period of one hundred twenty ( 4) consecutive months, then thirty (30 120) days after receiving written notice or more, in the aggregate, during any twelve ( which notice may occur before or after the end of such four (4 12) month period . Notwithstanding the foregoing, but which however, the Employee shall not be effective earlier than terminated under this subsection based on any period of time during which he has taken advantage of the last day provisions of the Family and Medical Leave Act. In the event of such four termination, Employee shall be entitled to ( 4 a) month period), his Base Salary through the Company may terminate Executive's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion date of such notice period. Also termination, Executive may terminate his employment hereunder (b) a bonus, if his health should become impaired any is determined to an extent that makes be paid under Section 2(c) for such year, pro rated to the continued performance date of his duties hereunder hazardous to his physical or mental health or his life such termination, provided that Executive shall based upon the actual bonus which would have furnished been earned for the Company with a written statement from a qualified doctor to such effect entire year, and provided, further, that, at the Company's request made within thirty ( 30 c) days any accrued and unpaid expense reimbursement as of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination , the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability .

Appears in 1 contract

Samples: Agreement (Collaborative Clinical Research Inc)

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may shall terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days after Notice of the effective date of termination, the base salary at the rate then in effect Termination (as defined below) is given due to Executive's Disability. Executive shall be deemed to have a "Disability" for whatever time period is remaining under the Initial Term purposes of this Agreement if he is unable with reasonable accommodation to perform the essential functions of his job, by reason of physical or mental incapacity, for one a total period of ninety ( 1 90) year days in any one-year period. The Company shall determine, whichever amount is greater; provided according to the facts then available, however whether and when the Disability of Executive has occurred, that any and such payments determination shall be reduced made by the amount Company's Board of any disability insurance payments payable to Directors in the Executive as a result exercise of such disability reasonable discretion.

Appears in 1 contract

Samples: Lil Marc Inc

Disability. If Executive’s employment may be terminated if the Executive is unable, as a result of incapacity due to any physical or mental illness or injury disability, Executive shall have been absent from his full to render service to the Bank effectively and on a full time basis, in the manner required by this Agreement for one hundred thirty (130) days (the “Disability Period”) in any period of three hundred sixty- time duties hereunder for four five ( 4 365) consecutive months days. Upon expiration of the Disability Period, then termination shall thereafter become effective on the thirtieth (30th) day following delivery of written notice of termination by the Bank to the Executive, unless the Executive is no longer disabled, as confirmed to the Bank by written opinion of Executive’s physician who has been treating the Executive for the disabling illness. The Bank reserves the right to require the Executive to obtain, at Bank’s expense, a second opinion regarding the absence of such disability from a physician selected by Executive who specializes in the field of the disabling illness. If, within thirty (30) days after receiving written notice (which notice may occur before or after the end of request by Bank, Executive fails to provide such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period) second opinion confirming that Executive is no longer disabled, the Company may terminate Executive's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion termination shall become effective upon expiration of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within said thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability day period.

Appears in 1 contract

Samples: Executive Employment Agreement (Chemung Financial Corp)

Disability. If If Executive is incapacitated or disabled by accident, sickness or physical or mental illness, and, as a result of incapacity due to physical or mental illness or injury result, Executive shall have been is absent from his duties hereunder on a full-time duties hereunder basis for four one hundred and eighty ( 4 180) consecutive months days and, then within thirty (30) days after receiving written notice (which notice may occur before or after of the end of such four (4) month period Company’s intention to terminate his employment is given, but which Executive shall not be effective earlier than have returned to the last day performance of such four his duties on a full-time basis ( 4) month period “Disability”), the Company may may, at its option, terminate Executive's the employment hereunder provided of Executive is unable under this Agreement for Disability. In such case, the date of termination shall be thirty (30) days after notice of the Company’s intention to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, terminate Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life was given, provided that Executive shall not have furnished returned to the Company with performance of his duties on a written statement from a qualified doctor to full-time basis during such effect and provided, further, that, at the Company's request made within thirty (30) days of day period. Notwithstanding the date of such written statement Company’s right to terminate Executive’s employment at any time and for any reason, if Executive’s employment is terminated due to Disability, Executive shall submit be entitled to an examination by receive his full compensation for a doctor selected by period of six (6) months following the Company who is reasonably acceptable to Executive termination, which compensation shall, at Executive’s option, be paid in regular installments or Executive's doctor and such doctor shall have concurred in a lump sum. In addition, during the conclusion six (6) month period following termination of Executive 's doctor. In ’s employment and at the event this Agreement is terminated as a result of Executive's disability Company’s expense, Executive shall receive from continue to participate in all of the Company ’s health plans and programs during the Payment Period as if he remained employed for such period, such benefits to be comparable in a lump-sum payment due within ten (10) days quality and location to those provided immediately prior to such termination. Nothing herein shall limit Executive’s right to receive any payments to which he may be entitled under any disability or executive benefit plan of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining Company or under the Initial Term of this Agreement any other disability or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability policy or plan.

Appears in 1 contract

Samples: Employment Agreement (Cyoptics Inc)

Disability. If, as a result of incapacity If Executive shall fail or become unable to substantially perform his duties hereunder due to physical or mental illness or injury, other incapacity (as determined by a medical doctor mutually agreed to by the Executive or his legal representative and the Company) and such illness or incapacity shall have been absent from his full-time duties hereunder continue for four a period of more than 180 consecutive days ( 4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period "Disability"), the Company may terminate the Executive's employment hereunder hereunder. In this event, the Date of Termination shall be 30 days after notice of termination is given (provided that the Executive is unable shall not have returned to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with on a written statement from a qualified doctor to full-time basis during such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability 30 day period).

Appears in 1 contract

Samples: Employment Contract (Digital Caddies, Inc.)

Disability. If, If as a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time Executive’s duties hereunder for four six ( 4 6) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four six ( 4 6) month period, but which shall not be effective earlier than the last day of such four six ( 4 6) month period), the Company may terminate Executive 's ’s employment hereunder provided Executive is unable to resume substantially perform his full-time duties with or without reasonable accommodation hereunder at the conclusion of such notice period. Also period (a “Disability”), Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination as determined by a doctor physician mutually selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor parties hereto. In the event this Agreement the Executive’s employment is terminated as a result of Executive's disability Disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, an amount equal to the base salary at sum of the rate Base Salary and bonus, if any, that would have been paid to Executive through the end of the then in effect for whatever time period is remaining under Term if the Initial Term of this Agreement Executive were not disabled or for one six ( 1 6) year months, whichever amount is greater; provided less (assuming that Executive would have received no further increases in his Base Salary (including for the sake of clarity the automatic achievement of 2007 and 2008 guaranteed bonuses, however pro rata based on time that would have been served during the applicable year through the end of the Term or the 12 month period described above, as applicable)). The Executive shall also be entitled to the Accrued Amounts. Additionally, if Executive is terminated due to a Disability, the next unvested tranche of Performance Options will vest if the applicable Performance Targets are actually met. Any vested options may be exercised on or before the option’s expiration date. Any option that any such payments remains unexercised after this period shall be reduced by forfeited. Other than the amount of any disability insurance payments payable benefits described above, no further compensation or benefits shall be due or owing upon the Executive’s termination due to the Executive as a result of such disability Disability.

Appears in 1 contract

Samples: Employment Agreement (H2Diesel Holdings, Inc)

Disability. If, If as a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time Executive’s duties hereunder for four six ( 4 6) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four six ( 4 6) month period, but which shall not be effective earlier than the last day of such four six ( 4 6) month period), the Company may terminate Executive 's ’s employment hereunder provided Executive is unable to resume substantially perform his full-time duties with or without reasonable accommodation hereunder at the conclusion of such notice period. Also period (a “Disability”), Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination as determined by a doctor physician mutually selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor parties hereto. In the event this Agreement the Executive’s employment is terminated as a result of Executive's disability Disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, an amount equal to the base salary at sum of the rate Base Salary and bonus, if any, that would have been paid to Executive through the end of the then in effect for whatever time period is remaining under Term if the Initial Term of this Agreement Executive were not disabled or for one six ( 1 6) year months, whichever amount is greater; provided less (assuming that Executive would have received no further increases in his Base Salary (including for the sake of clarity the automatic achievement of 2007 and 2008 guaranteed bonuses, however pro rata based on time that would have been served during the applicable year through the end of the Term or the 12 month period described above, as applicable)). The Executive shall also be entitled to the Accrued Amounts. Additionally, if Executive is terminated due to a Disability, the next unvested tranche of Performance Options will vest.if the applicable Performance Targets are actually met. Any vested options may be exercised on or before the option’s expiration date. Any option that any such payments remains unexercised after this period shall be reduced by forfeited. Other than the amount of any disability insurance payments payable benefits described above, no further compensation or benefits shall be due or owing upon the Executive’s termination due to the Executive as a result of such disability Disability.

Appears in 1 contract

Samples: Employment Agreement (H2Diesel Holdings, Inc)

Disability. If, If as a result of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time Executive’s duties hereunder for four six ( 4 6) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four six ( 4 6) month period, but which shall not be effective earlier than the last day of such four six ( 4 6) month period), the Company may terminate Executive 's ’s employment hereunder provided Executive is unable to resume substantially perform his full-time duties with or without reasonable accommodation hereunder at the conclusion of such notice period. Also period (a “Disability”), Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination as determined by a doctor physician mutually selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor parties hereto. In the event this Agreement the Executive’s employment is terminated as a result of Executive's disability Disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, an amount equal to the base salary at sum of the rate Base Salary that would have been paid to Executive through the end of the then in effect for whatever time period is remaining under Term if the Initial Term of this Agreement Executive were not disabled or for one six ( 1 6) year months, whichever amount is greater; provided less (assuming that Executive would have received no further increases in his Base Salary). The Executive shall also be entitled to the Accrued Amounts. Additionally, however if Executive is terminated due to a Disability, the next unvested tranche of Performance Options will vest if the applicable Performance Targets are actually met. Any vested options may be exercised on or before the option’s expiration date. Any option that any such payments remains unexercised after this period shall be reduced by forfeited. Other than the amount of any disability insurance payments payable benefits described above, no further compensation or benefits shall be due or owing upon the Executive’s termination due to the Executive as a result of such disability Disability.

Appears in 1 contract

Samples: Employment Agreement (Wireless Holdings Inc)

Disability. If If the Bank determines in good faith that the Disability (as defined below) of Executive has occurred during the Term, as a result it may give to Executive written notice of incapacity due its intention to physical or mental illness or injury terminate Executive’s employment. In such event, Executive Executive’s employment with the Bank shall have been absent from his full-time duties hereunder for four (4) consecutive months terminate effective on the 30th day after receipt of such written notice by Executive, then provided that, within the thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period receipt, but which Executive shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive's employment hereunder provided Executive is unable have returned to resume his full-time performance of Executive’s duties. “Disability” shall mean the inability of Executive, as reasonably determined by the Bank, to perform the essential functions of his regular duties and responsibilities, with or without reasonable accommodation at the conclusion of such notice period. Also accommodation, Executive may terminate his employment hereunder if his health should become impaired due to an extent that makes the continued performance of his duties hereunder hazardous to his a medically determinable physical or mental health illness which has lasted (or can reasonably be expected to last) for a period of six (6) consecutive months. At the request of Executive or his life personal representative, provided the Bank’s determination that the Disability of Executive has occurred shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination be certified by a doctor selected physician mutually agreed upon by Executive, or his personal representative, and the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability Bank.

Appears in 1 contract

Samples: Employment Agreement (Prime Meridian Holding Co)

Disability. If If the Company or Executive determines in good faith that the Disability (as defined below) of Executive has occurred during the Term, as a result either such party may give written notice of incapacity its or his intention to terminate Executive’s employment on account of Executive’s Disability. In such event, Executive’s employment with the Company shall terminate effective on the 30th day after receipt of such written notice by either party; provided, however, that, within the thirty (30) days after such receipt, Executive shall not have returned to full-time performance of Executive’s duties. For purposes of this Agreement, “Disability” shall mean Executive’s inability, due to physical or mental illness or injury disability, Executive shall have been absent from to perform the essential functions of his full-time duties hereunder employment with the Company, even with reasonable accommodation that does not impose an undue hardship on the Company, for four more than sixty ( 4 60) consecutive months days, then thirty or for any ninety ( 30 90) days after receiving written notice (which notice may occur before or after the end of such four (4) month within any one year period, but unless a longer period is required by federal or state law, in which shall not case such longer period will be effective earlier than applicable. The Company reserves the last day right, in good faith, to make the determination of such four (4) month period) Disability under this Agreement based on information supplied by Executive and/or his medical personnel, the Company may terminate Executive's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement as well as information from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor medical personnel selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability its insurers.

Appears in 1 contract

Samples: Employment Agreement (Construction Partners, Inc.)

Disability. If, as a result If the Company terminates Executive's employment ---------- by reason of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time duties hereunder for four Executive's "disability," ( 4) consecutive months defined below), then the following shall occur: (1) the Company shall pay to Executive within thirty (30) days after receiving written notice (which notice may occur before or after the end date of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate termination Executive's employment hereunder provided Accrued Compensation (as defined in Section 6(i) below); (2) all outstanding stock options and other equity-type incentives held by Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion time of such notice period. Also, Executive may terminate his employment hereunder if his health should Executive's termination will become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days fully vested as of the date of such written statement termination (whether or not fully vested immediately prior to Executive's termination) and remain exercisable until their originally scheduled expiration dates; and (3) Executive and Executive's spouse and covered dependents will be entitled to continued participation in the Company's group health plan(s) or at the same benefit level and to the same extent, if any, as such continued participation at the expense of the Company is available to the shareholder/officers of the Company generally and, thereafter, for such additional period as may be available under COBRA at Executive's expense. For purposes of this Agreement, the term "disability" means any medically determinable physical or mental condition or impairment which prevents the Executive from performing the principal functions of Executive's duties with the Company that can be expected to result in death or that has lasted or can be expected to last for a period of ninety (90) consecutive days or for shorter periods aggregating one hundred and eighty (180) days in any consecutive twelve (12) month period, with such determination to be made by an approved medical doctor. For this purpose an approved medical doctor shall submit to an examination by mean a medical doctor selected by the Company who is reasonably acceptable to Executive or and Executive 's . If the parties cannot agree on a medical doctor, each party shall select a medical doctor and such the two doctors shall select a third medical doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments who shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability approved medical doctor for this purpose.

Appears in 1 contract

Samples: Korn Ferry International

Disability. If, as a result If the Company terminates Executive's employment by reason ---------- of incapacity due to physical or mental illness or injury, Executive shall have been absent from his full-time duties hereunder for four Executive's "disability," ( 4) consecutive months defined below), then the following shall occur: (1) the Company shall pay to Executive within thirty (30) days after receiving written notice (which notice may occur before or after the end date of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate termination Executive's employment hereunder provided Accrued Compensation (as defined in Section 6(i) below); (2) all outstanding stock options and other equity-type incentives held by Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion time of such notice period. Also, Executive may terminate his employment hereunder if his health should Executive's termination will become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days fully vested as of the date of such written statement termination (whether or not fully vested immediately prior to Executive's termination) and remain exercisable until their originally scheduled expiration dates; and (3) Executive and Executive's spouse and covered dependents will be entitled to continued participation in the Company's group health plan(s) or at the same benefit level and to the same extent, if any, as such continued participation at the expense of the Company is available to the shareholder/officers of the Company generally and, thereafter, for such additional period as may be available under COBRA at Executive's expense. For purposes of this Agreement, the term "disability" means any medically determinable physical or mental condition or impairment which prevents the Executive from performing the principal functions of Executive's duties with the Company that can be expected to result in death or that has lasted or can be expected to last for a period of ninety (90) consecutive days or for shorter periods aggregating one hundred and eighty (180) days in any consecutive twelve (12) month period, with such determination to be made by an approved medical doctor. For this purpose an approved medical doctor shall submit to an examination by mean a medical doctor selected by the Company who is reasonably acceptable to Executive or and Executive 's . If the parties cannot agree on a medical doctor, each party shall select a medical doctor and such the two doctors shall select a third medical doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments who shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability approved medical doctor for this purpose.

Appears in 1 contract

Samples: Korn Ferry International

Disability. If If the Executive is unable to perform the duties required of him under this Agreement because of illness, as a result of incapacity due to incapacity, or physical or mental illness or injury, Executive shall have been absent from his full-time duties hereunder disability for four an aggregate of one hundred twenty ( 4) consecutive months, then thirty (30 120) days after receiving written notice ( which notice may occur before whether or after the end of such four not consecutive) during any twelve ( 4 12) month period period during the term of this Agreement, but in which shall not be effective earlier than the last day of such four (4) month period), event the Company may terminate Executive's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater employment; provided, however, that any if at such payments shall be reduced by the amount of any disability insurance payments payable to time the Executive as is not covered by a result long-term disability plan of the Company, then the Executive's employment shall terminate six months following such disability event.

Appears in 1 contract

Samples: West Coast Realty Investors Inc

Disability. If If the Executive is unable to perform the duties required of him under this Agreement because of illness, as a result of incapacity due to incapacity, or physical or mental illness or injury, Executive shall have been absent from his full-time duties hereunder disability for four an aggregate of one hundred twenty ( 4) consecutive months, then thirty (30 120) days after receiving written notice ( which notice may occur before whether or after the end of such four not consecutive) during any twelve ( 4 12) month period period during the term of this Agreement, but in which shall not be effective earlier than the last day of such four (4) month period), event the Company may terminate Executive 's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater ’s employment; provided, however, that any if at such payments shall be reduced by the amount of any disability insurance payments payable to time the Executive as is not covered by a result long-term disability plan of the Company, then the Executive’s employment shall terminate six months following such disability an event.

Appears in 1 contract

Samples: Employment Agreement (Meredith Enterprises Inc)

Disability. If If the Executive is unable to perform the duties required of him under this Agreement because of illness, as a result of incapacity due to incapacity, or physical or mental illness or injury, Executive shall have been absent from his full-time duties hereunder disability for four an aggregate of one hundred twenty ( 4) consecutive months, then thirty (30 120) days after receiving written notice ( which notice may occur before whether or after the end of such four not consecutive) during any twelve ( 4 12) month period period during the term of this Agreement, but in which shall not be effective earlier than the last day of such four (4) month period), event the Company may terminate Executive 's employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater ’s employment; provided, however, that any if at such payments shall be reduced by the amount of any disability insurance payments payable to time the Executive as is not covered by a result long-term disability plan of the Company, then the Executive’s employment shall terminate six months following such disability event.

Appears in 1 contract

Samples: Employment Agreement (Meredith Enterprises Inc)

Disability. If, as a result of incapacity due to physical or mental illness or injury Disability, as determined by DMGI, Executive shall have been absent from his full-time duties hereunder or unable to materially fulfill his full-time duties (as determined by DMGI) hereunder for four three ( 4 3) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before on or after the end of such four three ( 4) month period, but which shall not be effective earlier than the last day of such four (4 3) month period), the Company DMGI may terminate Executive 's ’s employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate initiate termination of his employment hereunder under this Section 7.2 if as a result of Disability his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life health, provided that Executive shall have furnished the Company DMGI with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's DMGI’s request made within thirty ten ( 30 10) days of from the date of receipt of such written statement, Executive shall submit on a timely basis to an examination by a qualified doctor selected by the Company DMGI who is reasonably acceptable to Executive or Executive 's ’s doctor (such acceptability will not be unreasonably withheld) and such doctor shall have concurred in with the conclusion of Executive 's ’s doctor. For purposes of this Agreement, “Disability” means the Executive is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months. In the event this Agreement is terminated as a result of Executive's disability order to receive Disability benefits, Executive shall receive from the Company must cooperate with DMGI in making such Disability determination, in including providing such medical evidence as may reasonably be requested by DMGI or submission to a lump-sum payment due medical examination(s) by a qualified doctor(s) selected by DMGI. Executive must comply with any such requests within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability days.

Appears in 1 contract

Samples: Employment Agreement (Digital Music Group, Inc.)

Disability. If, as a result of incapacity due to physical or mental illness or injury Disability. as determined by The Orchard, Executive shall have been absent from his full-time duties hereunder or unable to materially fulfill his full-time duties (as determined by The Orchard) hereunder for four three ( 4 3) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before on or after the end of such four three ( 4) month period, but which shall not be effective earlier than the last day of such four (4 3) month period), the Company The Orchard may terminate Executive 's ’s employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate initiate termination of his employment hereunder under this Section 7.2 if as a result of Disability his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life health, provided that Executive shall have furnished the Company The Orchard with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's The Orchard’s request made within thirty ten ( 30 10) days of from the date of receipt of such written statement, Executive shall submit on a timely basis to an examination by a qualified doctor selected by the Company The Orchard who is reasonably acceptable to Executive or Executive 's ’s doctor (such acceptability will not be unreasonably withheld) and such doctor shall have concurred in with the conclusion of Executive 's ’s doctor. For purposes of this Agreement, “Disability” means the Executive is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months. In the event this Agreement is terminated as a result of Executive's disability order to receive Disability benefits, Executive shall receive from the Company must cooperate with The Orchard in making such Disability determination, in including providing such medical evidence as may reasonably be requested by The Orchard or submission to a lump-sum payment due medical examination(s) by a qualified doctor(s) selected by The Orchard. Executive must comply with any such requests within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability days.

Appears in 1 contract

Samples: Amended and Restated Employment Agreement (Orchard Enterprises, Inc.)

Disability. If, as a result of Executive's incapacity due to physical or mental illness or injury ("Disability"), Executive shall have been absent from his the full-time performance of his duties hereunder with the Company for four a period of six ( 4 6) consecutive months months and, then within thirty (30) days after receiving written notice (which notice may occur before or after is provided to him by the end of such four (4) month period Company, but which he shall not be effective earlier than have returned to the last day full-time performance of such four (4) month period) his duties, the Company may terminate Executive's employment hereunder provided under this Agreement may be terminated by the Company for Disability. During any period prior to such termination during which Executive is unable to resume his absent from the full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished with the Company with a written statement from a qualified doctor due to such effect and provided Disability, further the Company shall continue to pay Executive his Base Salary, that if any, at the Company's request made within thirty (30) days of rate in effect at the date commencement of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion period of Executive's doctor Disability. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within Within ten (10) days following termination for Disability, the Company shall pay Executive a lump sum in an amount equal to twelve (12) times Executive's highest monthly Base Salary paid during the Term of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability Agreement.

Appears in 1 contract

Samples: Certain Employment Agreement (Oakley Inc)

Disability. If, as a result of Executive’s incapacity due to physical or mental illness or injury, Executive shall have been absent from his the full-time performance of his duties hereunder with the Company (i) for four a period of three consecutive months or ( 4 ii) consecutive months for shorter periods aggregating 180 or more business days in any 12-month period and, then thirty (30) within 30 days after receiving written notice (which notice may occur before or after of termination is thereafter given by the end of such four (4) month period Company, but which Executive shall not be effective earlier than have returned to the last day full-time performance of such four (4) month period) his duties, the Company may terminate Executive 's ’s employment hereunder provided Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company 's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor . In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of any such termination, the base salary at Company shall pay Executive the rate then in effect for whatever time period is remaining under Base Salary through the Initial end of the Term of this Agreement or for one ( 1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable as determined without regard to the Executive as a result of such disability termination), payable in accordance with the Company’s normal payroll practices.

Appears in 1 contract

Samples: Executive Employment Agreement (Vari Lite International Inc)

Disability. If, as a result of incapacity due to Executive’s mental or physical or mental illness or injury incapacity, Executive shall have been be substantially unable to perform the services for the Company contemplated by this Agreement for ninety-two (92) consecutive days or one hundred eighty days in any twelve (12) month period (“Disability”), Executive’s employment may be terminated by the Company for Disability. During any period prior to such termination during which Executive is absent from his the full-time performance of his duties hereunder with the Company due to Disability, the Company shall continue to pay Executive the amounts contemplated under this Agreement; provided, that, such payments made to the Executive shall be reduced by amounts received from disability insurance obtained or provided by the Company. Subsequent to the termination provided for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period in this Section 10(b), the Company may terminate Executive's employment hereunder provided shall pay or provide Executive is unable to resume his full-time duties with or without reasonable accommodation the Accrued Benefits at the conclusion of such notice period. Also, Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with times set forth in Section 10(a) above and a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump Pro- sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability Rated Bonus.

Appears in 1 contract

Samples: Employment Agreement (Kitty Hawk Inc)

Disability. If, as a result of a long-term incapacity or disability from which Employee is not reasonably likely to continue to full employment, as such concept is defined in the insurance programs, from time to time, maintained by the Company ("Long-Term Disability") due to physical or mental illness or injury, Executive and Employee shall have been absent from his full-time duties hereunder for four three ( 4 3) consecutive months, then then, the Company may terminate Employee's employment hereunder. The Company shall give Employee thirty (30) days after receiving advance written notice (which of such termination. Such notice may occur be given before or after the end of such four three ( 4 3) month period; provided, however, that if such notice is given before the expiration of such three (3) month period, but which the termination of this Agreement shall not be effective earlier than until the last day of such four three ( 4 3) month period ) ; and provided, the Company may terminate Executive's employment hereunder provided Executive further, however, such termination shall not be effective if Employee is unable able to resume his full-time duties with or without reasonable accommodation at the conclusion of such thirty (30) day notice period. Also, Executive may terminate If Employee shall have been absent from his employment hereunder if his health should become impaired to an extent that makes the continued performance of his full-time duties hereunder hazardous for six (6) consecutive months as a result of a short-term incapacity or disability from which Employee is reasonably likely to his continue to full employment, as such concept is defined in the insurance programs, from time to time, maintained by the Company ("Short-Term Disability") due to physical or mental health illness or his life injury, provided that Executive shall have furnished then the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company may terminate Employee's request made within employment hereunder. The Company shall give Employee thirty (30) days of the date advance written notice of such written statement, Executive shall submit to an examination by a doctor selected by termination. Such notice may be given before or after the Company who is reasonably acceptable to Executive or Executive's doctor and end of such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's disability, Executive shall receive from the Company, in a lump-sum payment due within ten six ( 10 6) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater month period; provided, however, that any if such payments notice is given before the expiration of such three (3) month period, the termination of this Agreement shall not be reduced effective until the last day of such six (6) month period; and provided, further, however, such termination shall not be effective if Employee is able to resume his full-time duties at the conclusion of such thirty (30) day notice period. For purposes of the foregoing paragraphs, if the Company does not have an insurance program which includes a definition of long-term disability or short-term disability, such terms shall have the meanings generally ascribed to them by the insurance industry. During such three (3) month or six (6) month period, the Company shall pay to Employee his base salary amount hereunder net of any disability insurance payments payable under policies maintained by the Company which are received by Employee; provided, however, that such payments shall be netted only to the Executive as a result of extent that the premiums for such disability insurance are borne by the Company and are not paid or reimbursed by the Employee.

Appears in 1 contract

Samples: General Release of All Claims (Rose Group of Nevada)

Disability. If, as a result of incapacity due to physical ---------- or mental illness or injury, Executive Employee shall have been absent from his full- full- time duties hereunder for four (4) consecutive months, then thirty ten ( 30 10) days after receiving written notice to Employee (which notice may occur before or be given only after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive Employee's employment hereunder hereunder, provided Executive than Employee is unable to resume his full- full- time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive Employee may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive Employee shall have furnished the Company with a written statement from a qualified doctor to such effect effect, and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive Employee shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive Employee or Executive Employee's doctor and such doctor shall have concurred in the conclusion of Executive Employee's doctor. In the event this Agreement the Employee's employment is terminated as a result of Executive Employee's disability, Executive Employee shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, Company the base salary salary, at the rate then in effect effect, and accrued but unused vacation and the additional benefits and requirements described in paragraph 4, for whatever time period is remaining under the Initial Term, payable over the remaining period of the Term and otherwise in accordance with the provisions of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability Agreement.

Appears in 1 contract

Samples: Non Competition Agreement (U S a Floral Products Inc)

Disability. If, as a result of incapacity due to physical ---------- or mental illness or injury, Executive Employee shall have been absent from his full- full- time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice to Employee (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive Employee's employment hereunder hereunder, provided Executive that Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive Employee may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive Employee shall have furnished the Company with a written statement from a qualified doctor to such effect effect, and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive Employee shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive Employee or Executive Employee's doctor and such doctor shall have concurred in the conclusion of Executive Employee's doctor. In Subject to paragraphs 4(g) and 6(e) hereof, in the event this Agreement is terminated as a result of Executive Employee's disability, Executive Employee shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, Company the base salary salary, at the rate then in effect effect, and the additional benefits and requirements described in subparagraphs 3(a), (b), (c), (e), (f) and (h), for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year Agreement, whichever amount is greater; provided, however, that any such payments shall be reduced by payable over the amount remaining period of any disability insurance payments payable to the Executive as a result Term and otherwise in accordance with the provisions of such disability this Agreement.

Appears in 1 contract

Samples: Employment Agreement (U S a Floral Products Inc)

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive Consultant shall have been absent from unable to perform the material duties of his position on a full-time duties hereunder basis for a period of four (4) consecutive months , or for a total of four months in any six-month period, then thirty (30) days after receiving written notice to Consultant (which notice may occur be given before or after the end of such four (4) month period the aforementioned periods, but which shall not be effective earlier than the last day of such four (4) month the applicable period), the Company may terminate Executive's Consultant’s employment hereunder provided Executive if Consultant is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also Subject to Section 4(e) below, Executive may terminate his if Consultant’s employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Executive shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive or Executive's doctor and such doctor shall have concurred in the conclusion of Executive's doctor. In the event this Agreement is terminated as a result of Executive's Consultant’s disability, Executive the Company shall receive continue to pay Consultant his base salary at the then-current rate for the lesser of (i) six (6) months from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for or (ii) whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such Term. Such payments shall be reduced by made in accordance with the amount of any disability insurance payments payable to the Executive as a result of such disability Company’s regular payroll cycle.

Appears in 1 contract

Samples: Workflow Management Inc

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive Employee shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive Employee's employment hereunder provided Executive Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. PROVIDED, HOWEVER, IF COMPANY'S THEN-EXISTING DISABILITY (SHORT/LONG TERM) PROGRAM PROVIDES MORE BENEFITS, THEN COMPANY'S DISABILITY PROGRAM SHALL CONTROL. Also, Executive Employee may terminate his Employee's employment hereunder if his Employee's health should become impaired to an extent that makes the continued performance of his Employee's duties hereunder hazardous to his Employee's physical or mental health or his life, provided that Executive Employee shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive Employee shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive Employee or Executive's doctor and such doctor shall have concurred in the conclusion of Executive Employee's doctor. In the event this Agreement is terminated as a result of Executive Employee's disability, Executive Employee shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive Employee as a result of such disability.

Appears in 1 contract

Samples: Metals Usa Inc

Disability. If, as a result of incapacity due to physical or mental illness or injury, Executive Employee shall have been absent from his her full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), the Company may terminate Executive Employee's employment hereunder provided Executive Employee is unable to resume his her full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Executive Employee may terminate his her employment hereunder if his her health should become impaired to an extent that makes the continued performance of his her duties hereunder hazardous to his her physical or mental health or his her life, provided that Executive Employee shall have furnished the Company with a written statement from a qualified doctor to such effect and provided, further, that, at the Company's request made within thirty (30) days of the date of such written statement, Executive Employee shall submit to an examination by a doctor selected by the Company who is reasonably acceptable to Executive Employee or Executive Employee's doctor and such doctor shall have concurred in the conclusion of Executive Employee's doctor. In the event this Agreement is terminated as a result of Executive Employee's disability, Executive Employee shall receive from the Company, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater ; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Executive as a result of such disability .

Appears in 1 contract

Samples: Fyi Inc