Upon Disability. The Company may terminate the Employee's employment upon the Employee's total disability. The Employee shall be deemed to be totally disabled if he is unable to perform his duties under this Agreement by reason of mental or physical illness or accident for a period of three consecutive months. Upon termination by reason of the Employee's disability, the Company's sole and exclusive obligation will be to pay the Employee his compensation earned through the date of termination.
Upon Disability. In the event Employee suffers a disability (as hereinafter defined), this Agreement shall terminate on "the date on which the disability occurs" (as hereinafter defined) and Employee shall be entitled to his Base Salary apportioned to the date on which the disability occurs and all compensation and benefits described in this Agreement shall then cease.
Upon Disability. (i) If during the Term, the Executive shall become physically or mentally disabled, whether totally or partially, either permanently or so that the Executive, in the good faith judgment of the Board based on the opinion of a physician selected by the Board who may but need not be the Executive’s normal treating physician, is unable as a result of such disability, with or without a reasonable accommodation, to substantially and competently perform his duties hereunder for a period of ninety (90) consecutive days or for one hundred twenty (120) days during any six-month period (a “Disability”), the Company may terminate the Executive’s employment hereunder. In order to assist the Board in making that determination, the Executive shall, as reasonably requested by the Board, (A) make himself available for medical examinations by one or more physicians chosen by the Board and (B) use his best efforts to cause his own physician(s) to be available to discuss with the Board such Disability.
Upon Disability. If a Disability (as defined below) of Executive has occurred, the Company may give to Executive written notice of its intention to terminate Executive’s engagement. In such event, Executive’s engagement shall terminate effective on the 30th day after receipt of such notice by Executive (the “Disability Effective Date”), provided that, within thirty (30) days after such receipt, Executive shall not have returned to full-time performance of Executive’s duties. For purposes of this Agreement, “Disability” shall mean Executive is entitled to receive long-term disability benefits under Company’s long-term disability plan, or if there is no such plan, Executive’s inability, due to physical or mental incapacity, to substantially perform his duties and responsibilities under this Agreement for one hundred eighty (180) days out of any three hundred sixty-five (365) day period or one hundred twenty (120) consecutive days; provided however, in the event Company temporarily replaces Executive, or transfers Executive’s duties or responsibilities to another individual on account of Executive’s inability to perform such duties due to a mental or physical incapacity which is, or is reasonably expected to become, a Disability, then Executive’s employment shall not be deemed terminated by Company. To the extent the Company does not have a long-term disability plan, any question as to the existence of Executive’s Disability as to which Executive and Company cannot agree shall be determined in writing by a qualified independent physician mutually acceptable to Executive and Company. If Executive and Company cannot agree as to a qualified independent physician, each shall appoint such a physician and those two physicians shall select a third who shall make such determination in writing. The determination of Disability made in writing to Company and Executive shall be final and conclusive for all purposes of this Agreement.
Upon Disability. The Corporation may terminate the Employee’s employment upon the Employee’s total disability. The Employee shall be deemed to be totally disabled if he is unable to perform his duties under this Agreement by reason of mental or physical illness or accident for a period of three consecutive months (the date of finding of disability of Employee shall be three months following the first day the Employee is unable to work). Upon termination by reason of the Employee’s disability, the Corporation’s sole and exclusive obligation will be to pay the Employee under the Corporation’s disability policy or his compensation for one year following such termination, whichever is greater.
Upon Disability. The Employer may terminate the Employee's employment upon the Employee's total disability. The Employee shall be deemed to be totally disabled if he is unable to perform his duties under the Agreement by reason of mental or physical illness or accident, for a period of three consecutive months. Upon termination by reason of the Employee's disability, the Employer's sole and exclusive obligation will be to pay the Employee his compensation earned through the date of termination plus three months base compensation severance.
Upon Disability. If, in the opinion of a medical doctor specializing in the appropriate medical specialty, the Executive is prevented from properly performing his duties hereunder by reason of any physical or mental incapacity for a period of more than 180 days in the aggregate in any twelve month period, then, to the extent permitted by law, the Executive’s employment hereunder shall terminate and Executive shall receive all compensation due him pursuant to Section 5.1 through the date of termination, as well as the continuation of health benefits for a period of twelve (12) months after the termination of his employment. Nothing in this Section 7.2 shall affect the Executive’s rights under any Company sponsored disability plan in which he is a participant.
Upon Disability. Should SPI terminate this agreement on --------------- account of Executive's Disability in accordance with paragraph 5.1.4 above, SPI shall pay to Executive an amount equal to the difference between (i) the base salary that would have been payable under paragraph 4 for the 24-month period beginning on the date of termination at the rate in effect on the date of termination and at the time such salary would otherwise have been payable, and (ii) the amount payable to Executive during such period under any long term disability arrangement or insurance policy maintained with respect to Executive's employment with SPI, except that SPI's obligation to pay such amount shall cease to the extent that payment by SPI would reduce the amount payable to Executive under any long term disability arrangement or insurance policy.
Upon Disability. AVT shall have the right to terminate this Agreement as a result of Consultant’s “Disability.” For purposes of this Agreement, a termination for “Disability” shall occur:
Upon Disability. The Corporation may terminate the Employee's employment upon the Employee's total disability. The Employee shall be deemed to be totally disabled if he is unable to perform his duties under this Agreement by reason of mental or physical illness or accident. Upon termination by reason of the Employee's disability, the Corporation's sole and exclusive obligation will be to continue to pay the Employee his salary for a period of six (6) months after the date of termination, plus the amount of any unused vacation and sick leave benefits earned through the date of termination.
