Common use of Termination on Disability or Death Clause in Contracts

Termination on Disability or Death. (a) In the event that Executive, due to physical or mental disability or incapacity, is unable to substantially perform his duties hereunder for a period of three (3) successive months, the Corporation or Executive shall then have the right to terminate this Agreement and Executive's employment hereunder upon thirty (30) days' prior written notice, provided, however, that in the event that Executive shall recommence rendering services and performing all of his duties hereunder within such thirty (30) day notice period, such notice shall be vitiated, and the Corporation and the Executive shall no longer have the right to terminate based on the disability event described in the notice. Executive's employment shall terminate immediately upon his death.

Appears in 9 contracts

Samples: Employment Agreement (Ediets Com Inc), Employment Agreement (Ediets Com Inc), Employment Agreement (Ediets Com Inc)

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Termination on Disability or Death. (a) In the event that Executive, due to physical or mental disability or incapacity, is unable to substantially perform his duties hereunder for a period of three (3) successive months, the Corporation or Executive shall then have the right to terminate this Agreement and Executive's employment hereunder upon thirty (30) days30)days' prior written notice, provided, however, that in the event that Executive shall recommence rendering services and performing all of his duties hereunder within such thirty (30) day notice period, such notice shall be vitiated, and the Corporation and the Executive shall no longer have the right to terminate based on the disability event described in the notice. Executive's employment shall terminate immediately upon his death.

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Ediets Com Inc), Employment Agreement (Ediets Com Inc)

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Termination on Disability or Death. (a) In the event that Executive, due to physical or mental disability or incapacity, is unable to substantially perform his her duties hereunder for a period of three (3) successive months, the Corporation or Executive shall then have the right to terminate this Agreement and Executive's employment hereunder upon thirty (30) days' prior written notice, provided, however, that in the event that Executive shall recommence rendering services and performing all of his her duties hereunder within such thirty (30) day notice period, such notice shall be vitiated, and the Corporation and the Executive shall no longer have the right to terminate based on the disability event described in the notice. Executive's employment shall terminate immediately upon his her death.

Appears in 1 contract

Samples: Employment Agreement (Ediets Com Inc)

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