Common use of By Disability Clause in Contracts

By Disability. If Executive becomes eligible for the Company’s long term disability benefits or if, in the sole opinion of the Company, Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety consecutive days or more than one hundred and twenty days in any twelve-month period, then, to the extent permitted by law, the Company may terminate Executive’s employment. The Company shall pay to Executive all compensation to which Executive is entitled up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect Executive’s rights under any disability plan in which Executive is a participant.

Appears in 21 contracts

Samples: Executive Employment Agreement (ONCOSEC MEDICAL Inc), Executive Employment Agreement (ONCOSEC MEDICAL Inc), Executive Employment Agreement (ONCOSEC MEDICAL Inc)

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By Disability. If the Executive becomes eligible for the Company’s long 's long-term disability benefits or if, in the sole opinion of the Company, the Executive is unable to carry out the responsibilities and functions of the position held by the Executive by reason of any physical or mental impairment for more than ninety (90) consecutive days or more than one hundred and twenty (120) days in any twelve-month period, then, to the extent permitted by law, the Company may terminate the Executive’s 's employment. The Company shall pay to the Executive all compensation prescribed under Section 3 hereof to which the Executive is entitled up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section section shall affect the Executive’s 's rights under any disability plan in which the Executive is a participant, if any.

Appears in 20 contracts

Samples: Executive Employment Agreement (Fincera Inc.), Executive Employment Agreement (Fincera Inc.), Executive Employment Agreement (Fincera Inc.)

By Disability. If Executive becomes eligible for the Company’s long term disability benefits or if, in the sole opinion of the Company, Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety (90) consecutive days or more than one hundred and twenty days (120) in any twelve-month period, then, to the extent permitted by law, the Company may terminate Executive’s employment. The Company shall pay to Executive all compensation to which Executive is entitled up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect Executive’s rights under any disability plan in which Executive is a participant.

Appears in 19 contracts

Samples: Executive Employment Agreement (Research Solutions, Inc.), Executive Employment Agreement (Vitality Biopharma, Inc.), Executive Employment Agreement (Research Solutions, Inc.)

By Disability. If Executive becomes eligible for the Company’s 's long term disability benefits or if, in the sole opinion of the Company, Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety consecutive days or more than one hundred and twenty days in any twelve-month period, then, to the extent permitted by law, the Company may terminate Executive’s 's employment. The Company shall pay to Executive all compensation to which Executive is entitled up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect Executive’s 's rights under any disability plan in which Executive is a participant.

Appears in 6 contracts

Samples: Executive Employment Agreement (Glenborough Realty Trust Inc), Executive Employment Agreement (Glenborough Realty Trust Inc), Employment Agreement (Crdentia Corp)

By Disability. If Executive becomes eligible for the Company’s long term disability benefits or if, in the sole opinion of the Company, Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety (90) consecutive days or more than one hundred and twenty (120) days in any twelve-twelve (12) month period, then, to the extent permitted by law, the Company may terminate Executive’s employment. The Company shall pay to Executive all compensation to which Executive is entitled up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect Executive’s rights under any disability plan in which Executive is a participant.

Appears in 3 contracts

Samples: Executive Employment Agreement (Vape Holdings, Inc.), Executive Employment Agreement (Vape Holdings, Inc.), Option Certificate and Agreement (Game Plan Holdings, Inc.)

By Disability. If Executive becomes eligible for the Company’s long term disability benefits or if, in the sole reasonable opinion of the CompanyBoard, Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety (90) consecutive days or more than one hundred and twenty eighty (180) days in any twelve-twelve (12) month period, then, to the extent permitted by law, the Company Board may terminate Executive’s employment. The Company shall pay to Executive all compensation to which Executive is entitled up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect Executive’s rights under any disability plan in which Executive is a participant.

Appears in 3 contracts

Samples: Executive Employment Agreement (WaferGen Bio-Systems, Inc.), Executive Employment Agreement (WaferGen Bio-Systems, Inc.), Executive Employment Agreement (WaferGen Bio-Systems, Inc.)

By Disability. If Executive becomes eligible for the Company’s long term disability benefits or if, in the sole opinion of the Company, Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety (90) consecutive days or more than one hundred and twenty (120) days in any twelve-month periodtwelve (12)-month period (“Disability”), then, to the extent permitted by law, the Company may terminate Executive’s employment. The Company shall pay to Executive all compensation to which Executive is entitled up through the date of terminationAccrued Obligations, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect Executive’s rights under any disability plan in which Executive is a participant.

Appears in 2 contracts

Samples: Executive Employment Agreement (ONCOSEC MEDICAL Inc), Executive Employment Agreement (ONCOSEC MEDICAL Inc)

By Disability. If the Executive becomes eligible for the Company’s long long-term disability benefits or if, in the sole opinion of the Company, the Executive is unable to carry out the responsibilities and functions of the position held by the Executive by reason of any physical or mental impairment for more than ninety (90) consecutive days or more than one hundred and twenty (120) days in any twelve-month period, then, to the extent permitted by law, the Company may terminate the Executive’s employment. The Company shall pay to the Executive all compensation prescribed under Section 3 hereof to which the Executive is entitled up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section section shall affect the Executive’s rights under any disability plan in which the Executive is a participant, if any.

Appears in 2 contracts

Samples: Executive Employment Agreement, Executive Employment Agreement (Baidu.com, Inc.)

By Disability. If Executive becomes eligible for the Company’s long term disability benefits or if, in the sole opinion of the Company, if Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety consecutive days or more than one hundred and twenty days in any twelve-month period, then, to the extent permitted by law, the Company may terminate Executive’s employment. The Company shall pay to Executive all compensation to which Executive is entitled up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease, subject to the Severance obligations set forth in Section 3.b. above. Nothing in this Section shall affect Executive’s rights under any disability plan in which Executive is a participant.

Appears in 2 contracts

Samples: Executive Employment Agreement (Amesite Operating Co), Executive Employment Agreement (Amesite Inc.)

By Disability. If Executive becomes eligible for the Company’s long term disability benefits or if, in the sole opinion of the Company, Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety (90) consecutive days or more than one hundred and twenty days (120) in any twelve-month period, then, to the extent permitted by law, the Company may terminate Executive’s employment. The Company shall pay to Executive all compensation to which Executive is entitled up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect Executive’s rights under any disability plan in which Executive is a participant.. ​

Appears in 2 contracts

Samples: Executive Employment Agreement (Research Solutions, Inc.), Executive Employment Agreement (Research Solutions, Inc.)

By Disability. If Executive becomes eligible for the Company’s long term disability benefits of the Company or if, in the sole reasonable opinion of the Board of Directors of the Company, Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety (90) consecutive days or more than one hundred and twenty (120) days in any twelve-twelve (12) month period, then, to the extent permitted not prohibited by law, the Company may terminate Executive’s employment. The Company shall pay to Executive all compensation to which Executive is entitled up through the date of termination, Termination Date; and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect Executive’s rights under any disability plan in which Executive is a participant.

Appears in 2 contracts

Samples: Employment Agreement (Enstar Group LTD), Employment Agreement (Enstar Group LTD)

By Disability. If Executive becomes eligible for the Company’s long term disability benefits or if, in the sole opinion of the Company, Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety (90) consecutive days or more than one hundred and twenty (120) days in any twelve-month period, then, to the extent permitted by law, the Company may terminate Executive’s employment. The Company shall pay to Executive all compensation to which Executive is entitled up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section 4(c) shall affect Executive’s rights under any Company-sponsored disability plan in which Executive is a participant.

Appears in 2 contracts

Samples: Executive Employment Agreement (Vitality Biopharma, Inc.), Executive Employment Agreement (Vitality Biopharma, Inc.)

By Disability. If Executive becomes eligible for the Company’s long term disability benefits or if, in the sole opinion of the Company, Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety consecutive days or more than one hundred and twenty days in any twelve-month period, then, to the extent permitted by law, the Company may terminate Executive’s employmentemployment (such termination, “By Disability”). The Company shall pay to Executive all compensation to which Executive is entitled up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect Executive’s rights under any disability plan in which Executive is a participant.

Appears in 2 contracts

Samples: Executive Employment Agreement (Ultragenyx Pharmaceutical Inc.), Executive Employment Agreement (Ultragenyx Pharmaceutical Inc.)

By Disability. If Executive becomes eligible for the Company’s long term disability benefits or if, in the sole opinion of the Company, Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety (90) consecutive days or more than one hundred and twenty (120) days in any twelve-twelve (12) month period, then, to the extent permitted by law, the Company may terminate Executive’s employment. The Company shall pay to Executive all compensation to which Executive is entitled under this Agreement up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect Executive’s rights under any disability plan in which Executive is a participant.

Appears in 2 contracts

Samples: Executive Employment Agreement (Glenborough Realty Trust Inc), Executive Employment Agreement (Glenborough Realty Trust Inc)

By Disability. If Executive becomes eligible for the Company’s long term disability benefits or if, in the sole opinion of the Company, Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety (90) consecutive days or more than one hundred and twenty (120) days in any twelve-month period, then, to the extent permitted by law, the Company may terminate Executive’s employment. The Company shall pay to Executive all compensation to which Executive is entitled up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect Executive’s rights under any disability plan in which Executive is a participant.

Appears in 2 contracts

Samples: Executive Employment Agreement (Credence Systems Corp), Executive Employment Agreement (Credence Systems Corp)

By Disability. If Executive becomes eligible for the Company’s long term disability benefits of the Company or if, in the sole reasonable opinion of the Board of Directors of the Company, Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety (90) consecutive days or more than one hundred and twenty (120) days in any twelve-twelve (12) month period, then, to the extent permitted not prohibited by law, the Company may terminate Executive’s employment. The Company shall pay to Executive all compensation to which Executive is entitled up through the date of termination, Termination Date; and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect Executive’s rights under any disability plan or other applicable benefit plans or policies in which Executive is a participant. For clarity, Executive shall not be entitled to Severance Benefits in the event of a termination pursuant to this paragraph.

Appears in 1 contract

Samples: Employment Agreement (Enstar Group LTD)

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By Disability. If Executive becomes eligible for suffers from a Disability, then, to the Companyextent permitted by law, the Company may terminate Executive’s long term disability benefits or if, in the sole opinion of the Company, employment. “Disability” shall mean that Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety consecutive days or more than one hundred and twenty 120 days in any twelve-month period, then, to the extent permitted by law. Upon a termination as a result of Executive’s Disability, the Company may terminate Executive’s employment. The Company shall pay to Executive all compensation to which Executive he is entitled up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section Agreement shall affect Executive’s rights under any disability plan in which Executive is a participant.

Appears in 1 contract

Samples: Employment Agreement (Restoration Hardware Inc)

By Disability. If Executive becomes eligible for the Company’s long term disability benefits or ifIf, in the sole opinion of the Company, Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety (90) consecutive days or more than one hundred and twenty days (120) in any twelve-month period, then, to the extent permitted by law, the Company may terminate Executive’s employment. The Company shall pay to Executive all compensation to which Executive is entitled up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect Executive’s rights under any disability plan in which Executive is a participant.

Appears in 1 contract

Samples: Employment Agreement (Derycz Scientific Inc)

By Disability. If Executive becomes eligible for the Company’s 's long term disability benefits or if, in the sole opinion of the Company, Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety (90) consecutive days or more than one hundred and twenty (120) days in any twelve-twelve (12) month period, then, to the extent permitted by law, the Company may terminate Executive’s 's employment. The Company shall pay to Executive all compensation to which Executive is entitled up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect Executive’s 's rights under any disability plan in which Executive is a participant.

Appears in 1 contract

Samples: Executive Employment Agreement (Growlife, Inc.)

By Disability. If Executive becomes eligible for the Company’s long term disability benefits or if, in the sole opinion of the Company, Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety (90) consecutive days or more than one hundred and twenty (120) days in any twelve-month periodtwelve (12)-month period (“Disability”), then, to the extent permitted by law, the Company may terminate Executive’s employment. The Company shall pay Thereafter, subject to Executive all compensation to which Executive is entitled up through the date of terminationSection III.C, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect Executive’s rights under any disability plan in which Executive is a participant.

Appears in 1 contract

Samples: Executive Employment Agreement (ONCOSEC MEDICAL Inc)

By Disability. If Executive becomes eligible for the Company’s long term disability benefits or if, in the sole opinion of the Company, if Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety consecutive days or more than one hundred and twenty days in any twelve-month period, then, to the extent permitted by law, the Company may terminate Executive’s employment. The Company shall pay to Executive all compensation to which Executive is entitled up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect Executive’s rights under any disability plan in which Executive is a participant.

Appears in 1 contract

Samples: Executive Employment Agreement (Electroglas Inc)

By Disability. If Executive becomes eligible for the Company’s long term disability benefits or if, in the sole opinion of the Company, Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety consecutive days or more than one hundred and twenty days in any twelve-month period, then, to the extent permitted by law, the Company may terminate Executive’s employmentemployment (“By Disability”). The Company shall pay to Executive all compensation to which Executive is entitled up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect Executive’s rights under any disability plan in which Executive is a participant.

Appears in 1 contract

Samples: Executive Employment Agreement (Ardelyx, Inc.)

By Disability. If Executive becomes eligible for the Company’s long term disability benefits or if, in the sole reasonable opinion of the Company, Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety consecutive days or more than one hundred and twenty days in any twelve-month periodperiod (“Disability”), then, to the extent permitted by law, the Company may terminate Executive’s employment. The Company shall pay to Executive all compensation to which Executive is entitled pursuant to Section 3(b) above up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect Executive’s rights under any disability plan in which Executive is a participant.

Appears in 1 contract

Samples: Executive Employment Agreement (InvenSense Inc)

By Disability. If Executive becomes eligible for the Company’s long long-term disability benefits benefits, if any, or if, in the sole opinion of the Company, if Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety consecutive days or more than one hundred and twenty days in any twelve-month period, then, to the extent permitted by law, the Company may terminate Executive’s employment. The Company shall pay to Executive all compensation to which Executive is entitled up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect Executive’s rights under any disability plan in which Executive is a participant.

Appears in 1 contract

Samples: Employment Agreement (Arch Therapeutics, Inc.)

By Disability. If Executive becomes eligible for the Company’s 's long term disability benefits or if, in the sole opinion of the Company, Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety (90) consecutive days or more than one hundred and twenty days (120) in any twelve-month period, then, to the extent permitted by law, the Company may terminate Executive’s 's employment. The Company shall pay to Executive all compensation to which Executive is entitled up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect Executive’s 's rights under any disability plan in which Executive is a participant.

Appears in 1 contract

Samples: Executive Employment Agreement (Sunburst Acquisitions Iii Inc)

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