Common use of Early Termination of the Employment Period Clause in Contracts

Early Termination of the Employment Period. Notwithstanding Section 2 hereof, the Employment Period shall end upon the earliest to occur of (i) Executive’s death, (ii) a Termination due to Disability (as defined below), (iii) a Termination for Cause, (iv) a Termination for Good Reason, or (v) a Termination Without Cause. Except as otherwise expressly provided below, the terms “Cause” and “Good Reason” shall have the same meaning ascribed thereto under the Executive Severance Plan, as in effect at the Effective Date. For purposes of this Agreement “Disability” shall mean: a termination of Executive’s employment by the Company because Executive has been incapable of substantially fulfilling the positions, duties, responsibilities and obligations set forth in this Agreement because of physical, mental or emotional incapacity resulting from injury, sickness or disease for a period of (i) at least four consecutive months or (ii) more than six months in any twelve month period. Any question as to the existence, extent or potentiality of Executive’s disability upon which Executive and the Company cannot agree shall be determined by a qualified, independent physician selected by the Company. The determination of any such physician shall be final and conclusive for all purposes of this Agreement.