Common use of Due to Death or Disability Clause in Contracts

Due to Death or Disability. If Executive dies during the Term, Executive’s employment and this Agreement shall terminate as of the date of his death. The Company may terminate Executive due to Executive’s “Disability” (as defined below) at any time following the Effective Date, upon written notice to Executive. For purposes of this Agreement, the term “Disability” shall mean a physical or mental incapacity as a result of which Executive becomes unable to continue the proper performance of Executive’s duties hereunder for six (6) consecutive calendar months or for shorter periods aggregating one hundred eighty (180) business days in any twelve (12) month period, or, if this provision is inconsistent with any applicable law, for such period or periods as permitted by law.

Appears in 2 contracts

Samples: Stock Option Agreement (Wet Seal Inc), Stock Option Agreement (Wet Seal Inc)

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Due to Death or Disability. If Executive dies during the TermEmployment Period, Executive’s employment and this Agreement shall terminate as of the date of his death. The Company may terminate Executive due to Executive’s if he becomes Disabilitydisabled,(as defined below) at any time following the Effective Date, upon written notice to Executive. Such termination shall not be a breach of this Agreement. For purposes of this Agreement, the term “Disability” shall mean a physical or mental incapacity as a result of which Executive becomes unable to continue the proper performance of Executive’s duties hereunder for six ninety (690) consecutive calendar months days or for shorter periods aggregating one one-hundred eighty twenty (180120) business non-consecutive days in any twelve three hundred sixty-five (12365) month day period, or, if this provision is inconsistent with any applicable law, for such period or periods as permitted by law.

Appears in 2 contracts

Samples: Employment Agreement (Wet Seal Inc), Employment Agreement (Wet Seal Inc)

Due to Death or Disability. If Executive dies during the Term, Executive’s employment and this Agreement shall terminate as of the date of his her death. The Company also may terminate Executive due to Executive’s if she becomes Disabilitydisabled,(as defined below) at any time following the Effective Date, upon written notice to Executive, unless prohibited by law. For purposes of this Agreement, the term “DisabilityDisabled” shall mean having a physical or mental incapacity as a result of which Executive becomes unable to continue the proper performance of Executive’s duties hereunder for six (6) consecutive calendar months or for shorter periods aggregating one hundred eighty (180) business days in any twelve (12) month period, or, if this provision is inconsistent with any applicable law, for such period or periods as permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Wet Seal Inc)

Due to Death or Disability. If Executive dies during the Term, Executive’s employment and this Agreement shall terminate as of the date of his her death. The Company also may terminate Executive due to Executive’s “Disability” (”, as defined below) , at any time following the Effective Date, upon written notice to Executive, unless prohibited by law. For purposes of this Agreement, the term “Disability” shall mean a physical or mental incapacity as a result of which Executive becomes unable to continue the proper performance of Executive’s duties hereunder for six ninety (690) consecutive calendar months days or for shorter periods aggregating one hundred eighty twenty (180120) business non-consecutive days in any twelve three hundred sixty five (12365) month day period, or, if this provision is inconsistent with any applicable law, for such period or periods as permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Wet Seal Inc)

Due to Death or Disability. If Executive dies during the Term, Executive’s employment and this Agreement shall terminate as of the date of his death. The Company may terminate Executive due to Executive’s “Disability” (as defined below) at any time following the Effective Date, as defined below, upon written notice to Executive. For purposes of this Agreement, the term “Disability” shall mean a physical or mental incapacity as a result of which Executive becomes unable to continue the proper performance of Executive’s duties hereunder for six (6) consecutive calendar months or for shorter periods aggregating one hundred eighty (180) business days in any twelve (12) month period, or, if this provision is inconsistent with any applicable law, for such period or periods as permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Wet Seal Inc)

Due to Death or Disability. If Executive dies during the TermEmployment Period, Executive’s employment and this Agreement shall terminate as of the date of his death. The Company may terminate Executive due to Executive’s if he becomes Disabilitydisabled,(as defined below) at any time following the Effective Date, upon written notice to Executive, unless prohibited by law. For purposes of this Agreement, the term “Disability” shall mean a physical or mental incapacity as a result of which Executive becomes unable to continue the proper performance of Executive’s duties hereunder for six (6) consecutive calendar months or for shorter periods aggregating one hundred eighty (180) business days in any twelve (12) month period, or, if this provision is inconsistent with any applicable law, for such period or periods as permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Wet Seal Inc)

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Due to Death or Disability. If Executive dies during the Term, Executive’s employment and this Agreement shall terminate as of the date of his her death. The Company also may terminate Executive due to Executive’s “Disability” (”, as defined below) , at any time following the Effective Date, upon written notice to Executive, unless prohibited by law. For purposes of this Agreement, the term “Disability” shall mean a physical or mental incapacity as a result of which Executive becomes unable to continue the proper performance of Executive’s duties hereunder for six (6) consecutive calendar months or for shorter periods aggregating one hundred eighty (180) business days in any twelve (12) month period, or, if this provision is inconsistent with any applicable law, for such period or periods as permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Wet Seal Inc)

Due to Death or Disability. If Executive dies during the TermEmployment Period, Executive’s 's employment and this Agreement shall terminate as of the date of his death. The Company may terminate Executive due to Executive’s “Disability” (if he becomes "disabled," as defined below) at any time following the Effective Date, upon written notice to Executive. For purposes of this Agreement, the term "Disability" shall mean a physical or mental incapacity as a result of which Executive becomes unable to continue the proper performance of Executive’s 's duties hereunder for six (6) consecutive calendar months or for shorter periods aggregating one hundred eighty (180) business days in any twelve (12) month period, or, if this provision is inconsistent with any applicable law, for such period or periods as permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Wet Seal Inc)

Due to Death or Disability. If Executive dies during the Term, Executive’s employment and this Agreement shall terminate as of the date of his death. The Company also may terminate Executive due to Executive’s if he becomes Disabilitydisabled,(as defined below) at any time following the Effective Date, upon written notice to Executive, unless prohibited by law. For purposes of this Agreement, the term “DisabilityDisabled” shall mean having a physical or mental incapacity as a result of which Executive becomes unable to continue the proper performance of Executive’s duties hereunder for six (6) consecutive calendar months or for shorter periods aggregating one hundred eighty (180) business days in any twelve (12) month period, or, if this provision is inconsistent with any applicable law, for such period or periods as permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Wet Seal Inc)

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