Termination Due to Executive’s Disability. If the Executive becomes Disabled (as defined in Section 5.03[4]), this Agreement shall terminate automatically. If all requirements of this Agreement are met (including those imposed under Section 7.00) and subject to Section 5.04[5], the Company will make the following payments to the Executive.
Termination Due to Executive’s Disability. If the Executive’s employment is terminated by reason of the Executive’s Disability, the Company shall have all of the obligations set forth in the preceding Section 7.3 except that (i) any reference in Section 7.3(a), (b) and (c) to the “Executive’s legal representative” shall refer to the “Executive,” (ii) the reference in Section 7.3(d) to the “Executive’s family” shall refer to the “Executive and/or the Executive’s family,” (iii) the reference in Section 7.3(e) to the “Executive’s applicable beneficiary” shall refer to the “Executive” and (iv) Section 7.3(f) shall read: “Any other long-term disability benefits then in effect for Company employees or executives and their beneficiaries.”
Termination Due to Executive’s Disability. The Company may terminate this Agreement after ascertaining that the Executive is Disabled (as defined below - "Disability") by delivering to the Executive a written notice of termination for Disability that includes the date termination for Disability is to be effective. Subject to Section 5.04[6], if that notice is given and if all requirements of this Agreement are met (including those imposed under Section 7.00), the Company will make the following payments to the Executive: [1] BASE SALARY. The unpaid Base Salary the Executive earned to the date of termination. [2] CASH INCENTIVE BONUS. The pro rata share of any Cash Incentive Bonus that would have been paid to the Executive had the Executive not become Disabled based on the extent to which performance standards are met on the last day of the year in which the Executive becomes Disabled.
Termination Due to Executive’s Disability. Executive’s employment with the Company shall terminate automatically upon the inability of Executive to satisfactorily perform the duties set forth in Section 1 or as assigned to him by the Company from time to time by reason of mental or non-industrial physical illness or injury for a period of one hundred eighty (180) consecutive days (“Disability”).
Termination Due to Executive’s Disability. If Executive’s employment with the Employer and all Affiliates is subject to a termination due to Executive’s Disability, then, in addition to the Minimum Benefits, the Bank shall provide the following benefits:
Termination Due to Executive’s Disability. If Executive’s condition meets the definition of Disability above, the Company may terminate Executive’s employment upon written notice. If terminated by the Company as herein provided, the Company shall pay to Executive: (a) any Base Salary earned but unpaid as of the date of Executive’s termination due to Disability; (b) Base Salary in effect at the time of the termination for a period of twelve (12) months or the remaining term under this Agreement, whichever is shorter, (c) any other payments and/or benefits which Executive or Executive’s legal representative is entitled to receive under any of the Benefit Plans; and (d) vesting of any unvested incentive grants granted under the Company Equity Plans that are scheduled to vest within twelve (12) months following the date of Disability.
Termination Due to Executive’s Disability. If Executive’s condition meets the definition of Disability above, the Company may terminate Executive’s employment upon written notice. If terminated by the Company as herein provided, the Company shall pay to Executive: (a) any Base Salary earned but unpaid as of the date of Executive’s termination due to Disability; (b) Base Salary in effect at the time of the termination, less amounts received by Executive pursuant to any disability insurance coverage provided by the Company or the Social Security disability insurance program, for a period of nine (9) months or the remaining term under this Agreement, whichever is shorter, (c) any other payments and/or benefits which Executive or Executive’s legal representative is entitled to receive under any of the Benefit Plans; and (d) vesting of any unvested incentive grants granted under the Company Equity Plans otherwise scheduled to vest within twelve (12) months following the date of Disability.
Termination Due to Executive’s Disability. To the extent permissible under applicable law, the Company shall have the right, exercisable at any time, to terminate the Executive’s employment under this Agreement with immediate effect upon the Executive’s Disability (as defined below) by providing written notice in accordance with Section 6.4. For purposes of this Agreement, “Disability” shall mean the Executive’s inability to perform, with or without a reasonable accommodation, and consistent with the requirements of applicable state and federal law, the essential functions of Executive’s position by reason of any medically determined physical or mental impairment, injury or other medical condition, for a period of time not less than either one hundred twenty (120) consecutive calendar days or one hundred eighty (180) calendar days in any twelve (12) month period. In the event of any dispute regarding the existence of a Disability, the matter will be resolved by the determination of a physician qualified to practice medicine in the State of California (a “Physician”), whose identity is mutually agreed to by both parties, and whose determination shall be final and binding. If the parties cannot agree on a Physician, each party shall select one Physician, and those two Physicians shall select a third Physician to make the Disability determination, which shall be final and binding.
Termination Due to Executive’s Disability. If the Executive’s employment is terminated by reason of the Executive’s Disability, the Company shall have no further obligations to the Executive, other than for payment of Accrued Obligations and the timely payment or provision of Other Benefits. Accrued Obligations shall be paid to the Executive in a lump sum in cash within 30 days of the Date of Termination. The term “Other Benefits” as used in this Section 6 shall include, without limitation, and Executive shall be entitled to receive, disability and other benefits under such plans, programs, practices and policies relating to disability, if any, as are applicable to Executive and his family on the Date of Termination.
Termination Due to Executive’s Disability. To the extent permissible under applicable law, the Company shall have the right, exercisable at any time, to terminate the Executive’s employment under this Agreement with immediate effect upon the Executive’s Disability (as defined below) by providing written notice in accordance with Section 6.4. For purposes of this Agreement, “Disability” shall mean the Executive’s inability to perform the essential duties of Executive’s position for either one hundred twenty (120) consecutive calendar days or one hundred fifty (150) calendar days in any twelve (12) month period by reason of any medically determined physical or mental impairment with or without a reasonable accommodation, consistent with the requirements of applicable state and federal law. In the event of any dispute regarding the existence of a Disability, the matter will be resolved by the determination of a physician qualified to practice medicine in the State of California (a “Physician”), whose identity is mutually agreed to by both parties, and whose determination shall be final and binding. If the parties cannot agree on a Physician, each party shall select one Physician, and those two Physicians shall select a third Physician to make the Disability determination, which shall be final and binding.
