Termination Without Compensation. (a) If the Employee becomes Disabled, the Management Company may terminate the Employment Term, and the Companies thereafter shall have no further liability or obligation to the Employee hereunder except as follows: the Employee shall receive (i) any unpaid Salary and Fringe Benefits that have accrued through the date of termination; (ii) whatever benefits that he may be entitled to receive under any then existing disability benefit plans of any Company that may be included in the Fringe Benefits applicable to the Employee; (iii) a proportionate amount of any Bonus that would have been due to the Employee if he were employed for the full Bonus Year during which the Employment Term was terminated (a "Proportionate Bonus"); (iv) reimbursement of legitimate and reasonable business expenses incurred on or prior to the date of termination ("Pre-Termination Expenses") and (v) continuation of health care coverage for the Employee and his family for the 12-month period following the date of termination. The Management Company shall pay any Proportionate Bonus in the year immediately following the related Bonus Year at the time when it generally pays other bonus payments based on that Bonus Year. In the event of any dispute as to whether the Employee is Disabled, the Employee shall submit to a physical examination by a licensed physician mutually satisfactory to the Management Company and the Employee, the cost of such examination to be paid by the Management Company, and the determination of such physician shall be determinative. (b) If the Employee dies, the Employment Term shall terminate, and thereafter the Companies shall not have any further liability or obligation to the Employee, his executors, administrators, heirs, assigns or any other person claiming under or through him except that the Employee's estate shall receive any unpaid Salary and Fringe Benefits that have accrued through the date of termination, plus a Proportionate Bonus, and reimbursement of any Pre-Termination Expenses. (c) The Management Company may terminate the Employment Term for Cause by giving the Employee notice of the termination, and thereafter the Companies shall not have any further liability or obligation to the Employee, except that the Employee shall receive any unpaid Salary and Fringe Benefits that have accrued through the date of termination, net of any liabilities that the Employee may have to any Company, and reimbursement of any Pre-Termination Expenses.
Appears in 1 contract
Sources: Employment Agreement (Sunsource Inc)
Termination Without Compensation. (a) If the Employee becomes Disabled, the Management Company may terminate the Employment TermEmployee's employment, and the Companies Company thereafter shall have no further liability or obligation to the Employee hereunder except as follows: the Employee shall receive (i) any unpaid Salary and Fringe Benefits fringe benefits that have accrued through the date of termination; (ii) whatever termination and to which the Employee has become entitled under the terms of the applicable plan or policy, including any benefits that he may be entitled to receive under any then existing disability benefit benefits plans of any the Company that may be included in the Fringe Benefits applicable to the Employee; (iii) a proportionate amount of any Bonus that would have been due to the Employee if he were employed for the full Bonus Year during which the Employment Term was terminated (a "Proportionate Bonus"); (iv) reimbursement of legitimate and reasonable business expenses incurred on or prior to the date of termination ("Pre-Termination Expenses") and (v) continuation of health care coverage for the Employee and his family for the 12-month period following the date of termination. The Management Company shall pay any Proportionate Bonus in the year immediately following the related Bonus Year at the time when it generally pays other bonus payments based on that Bonus Year. In the event of any dispute as to whether the Employee is Disabled, the Employee shall submit to a physical examination by a licensed physician mutually satisfactory to the Management Company and the Employee, the cost of such examination to be paid by the Management Company, and the . The determination of such physician shall be determinativefinal and binding on the parties.
(b) If the Employee dies, the Employment Term his employment shall terminate, and thereafter the Companies Company shall not have any no further liability or obligation to the Employee, his executors, administrators, heirs, assigns or any other person claiming under or through him except that the Employee's estate shall receive any unpaid Salary and Fringe Benefits fringe benefits that have accrued through the date of terminationtermination and to which the Employee has become entitled under the terms of the applicable plan or policy, plus a Proportionate Bonus, and reimbursement including any benefits payable under any then existing life insurance or death benefit plans of any Pre-Termination Expensesthe Company covering the Employee.
(c) The Management Company may terminate the Employment Term for Cause by giving If the Employee notice of voluntary terminates his employment with the terminationCompany for reasons other than a Constrictive Termination Without Cause or if the Company terminates his employment for Cause, and thereafter the Companies Company shall not have any no further liability or obligation to the Employee, except that the Employee shall receive any unpaid Salary and Fringe Benefits fringe benefits that have accrued through the date of terminationtermination and to which the Employee has become entitled under the terms of the applicable plan or policy, net of any liabilities that the Employee may have to any the Company, and reimbursement of the Parent Company or any Pre-Termination ExpensesAffiliated Company.
Appears in 1 contract
Sources: Employment Agreement (Sunsource Inc)