Common use of Termination Due to Medical Condition Clause in Contracts

Termination Due to Medical Condition. (i) PEF may terminate Lyash’s employment hereunder, subject to the Americans With Disabilities Act or other applicable law, due to medical condition if (1) for a period of 180 consecutive days during the Term of the Agreement, Lyash is totally and permanently disabled as determined in accordance with the Company's long term disability plan (LTD), if any, as in effect during such time; or (2) at any time during which no such plan is in effect, Lyash is substantially unable to perform his duties hereunder because of a medical condition for a period of 180 consecutive days during the Term of the Agreement. Provided, however, that if Lyash applies for and is deemed qualified for benefits under the Progress Energy sponsored Long Term Disability Plan (LTD Benefits), Lyash shall receive such benefits and his employment will not be terminated as long as he is receiving LTD Benefits. (ii) Upon the termination of Lyash’s employment due to medical condition or any period during which Lyash is qualified for LTD Benefits, PEF shall have no further obligation to Lyash under this Agreement except as specifically provided in this Agreement. Upon such termination or qualification for LTD Benefits, Lyash shall be entitled to all earned but unpaid Base Salary accrued to the date of termination or placement on LTD and any short term incentive for a prior fiscal year that has been earned but not paid. The short term incentive, if any, for the current fiscal year shall be calculated on a pro rata basis for the portion of the fiscal year Lyash was performing the duties of his position and shall be paid at the regularly scheduled time for the payment of the short term incentive. Any continued rights and benefits Lyash, or Lyash’s legal representatives, may have under employee benefit plans and programs of PEF or Progress Energy upon Lyash’s termination or placement on LTD due to medical condition, if any, shall be determined in accordance with the terms and provisions of such plans and programs.

Termination Due to Medical Condition. (i) PEF PESC may terminate Lyash’s Chatas' employment hereunder, subject to the Americans With Disabilities Act or other applicable law, due to medical condition if (1) for a period of 180 consecutive days during the Term of the Agreement, Lyash Chatas is totally and permanently disabled as determined in accordance with the Company's long term disability plan (LTD), if any, as in effect during such time; or (2) at any time during which no such plan is in effect, Lyash Chatas is substantially unable to perform his duties hereunder because of a medical condition for a period of 180 consecutive days during the Term of the Agreement. Provided, however, that if Lyash Chatas applies for and is deemed qualified for benefits under the Progress Energy sponsored Long Term Disability Plan (LTD Benefits), Lyash Chatas shall receive such benefits and his employment will not be terminated as long as he is receiving LTD Benefits. (ii) Upon the termination of Lyash’s Chatas' employment due to medical condition or any period during which Lyash Chatas is qualified for LTD Benefits, PEF PESC shall have no further obligation to Lyash Chatas under this Agreement except as specifically provided in this Agreement. Upon such termination or qualification for LTD Benefits, Lyash Chatas shall be entitled to all earned but unpaid Base Salary accrued to the date of termination or placement on LTD and any short term incentive for a prior fiscal year that has been earned but not paid. The short term incentive, if any, for the current fiscal year shall be calculated on a pro rata basis for the portion of the fiscal year Lyash Chatas was performing the duties of his position and shall be paid at the regularly scheduled time for the payment of the short term incentive. Any continued rights and benefits LyashChatas, or Lyash’s Chatas' legal representatives, may have under employee benefit plans and programs of PEF PESC or Progress Energy upon Lyash’s Chatas' termination or placement on LTD due to medical condition, if any, shall be determined in accordance with the terms and provisions of such plans and programs.