Common use of Termination Due to Executive’s Disability Clause in Contracts

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.

Appears in 6 contracts

Samples: Employment Agreement (DSW Inc.), Employment Agreement (Retail Ventures Inc), Employment Agreement (Retail Ventures Inc)

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