Common use of By Disability Clause in Contracts

By Disability. If Executive is prevented from properly performing his duties hereunder by reason of any physical or mental incapacity for a period of more than 90 days in the aggregate in any 365-day period, then, to the extent permitted by law, the Company may terminate the employment on the 90th day of such incapacity. In such event, the Company shall pay to Executive all Accrued Compensation, and shall continue to pay to Executive the Base Salary until such time (but not more than 90 days following termination), as Executive shall become entitled to receive disability insurance payments under the disability insurance policy maintained by the Company, which disability policy shall provide for full payment of Executive's Base Salary during the period of disability, but no other compensation or reimbursement of any kind, including without limitation, severance compensation, and thereafter the Company's obligations hereunder shall terminate. Nothing in this Section shall affect Executive's rights under any disability plan in which he is a participant.

Appears in 14 contracts

Samples: Employment Agreement (Nanogen Inc), Employment Agreement (Nanogen Inc), Employment Agreement (Nanogen Inc)

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By Disability. If Executive is prevented from properly performing his duties hereunder by reason of any physical or mental incapacity for a period of more than 90 days in the aggregate in any 365-day period, then, to the extent permitted by law, the Company may terminate the employment on the 90th day of such incapacity. In such event, the Company shall pay to Executive all Accrued Compensation, and shall continue to pay to Executive the Base Salary until such time (but not more than 90 days following termination), as Executive shall become entitled to receive disability insurance payments under the disability insurance policy maintained by the Company, which disability policy shall provide for full payment of Executive's ’s Base Salary during the period of disability, but no other compensation or reimbursement of any kind, including without limitation, severance compensation, and thereafter the Company's ’s obligations hereunder shall terminate. Nothing in this Section shall affect Executive's ’s rights under any disability plan in which he is a participant.

Appears in 6 contracts

Samples: Employment Agreement (Nanogen Inc), Employment Agreement (Nanogen Inc), Employment Agreement (Nanogen Inc)

By Disability. If Executive is prevented from properly performing his duties hereunder by reason of any physical or mental incapacity for a period of more than 90 120 consecutive days, or for 180 days in the aggregate in any 365-day period, then, to the extent permitted by law, the Company may terminate the employment on the 90th day of Executive at such incapacitytime. In such event, the Company shall pay to Executive all Accrued Compensation, and shall continue to pay to Executive the Base Salary until such time (but not more than 90 days following termination), as Executive shall become entitled to receive disability insurance payments under the disability insurance policy maintained by the Company, which disability policy shall provide for full payment of Executive's Base Salary during the period of disability, but no other compensation or reimbursement of any kind, including without limitation, severance compensation, and thereafter the Company's obligations hereunder shall terminate. Nothing in this Section shall affect Executive's rights under any disability plan in which he is a participant.

Appears in 4 contracts

Samples: Security Agreement (Neurocrine Biosciences Inc), Employment Agreement (Neurocrine Biosciences Inc), Employment Agreement (Neurocrine Biosciences Inc)

By Disability. If Executive is prevented from properly performing his her duties hereunder by reason of any physical or mental incapacity for a period of more than 90 days in the aggregate in any 365-day period, then, to the extent permitted by law, the Company may terminate the employment on the 90th day of such incapacity. In such event, the Company shall pay to Executive all Accrued Compensation, and shall continue to pay to Executive the Base Salary until such time (but not more than 90 days following termination), as Executive shall become entitled to receive disability insurance payments under the disability insurance policy maintained by the Company, which disability policy shall provide for full payment of Executive's Base Salary during the period of disability, but no other compensation or reimbursement of any kind, including without limitation, severance compensation, and thereafter the Company's obligations hereunder shall terminate. Nothing in this Section shall affect Executive's rights under any disability plan in which he she is a participant.

Appears in 3 contracts

Samples: Employment Agreement (Nanogen Inc), Employment Agreement (Nanogen Inc), Employment Agreement (Nanogen Inc)

By Disability. If Executive is prevented from properly performing his duties hereunder by reason of any physical or mental incapacity for a period of more than 90 120 consecutive days, or for 180 days in the aggregate in any 365-day period, then, to the extent permitted by law, the Company may terminate the employment on the 90th day of Executive at such incapacitytime. In such event, the Company shall continue to pay to Executive all Accrued Compensation, and shall continue to pay to Executive the Base Salary until such time (but not more than 90 days following termination), as Executive shall become entitled to receive disability insurance payments under the disability insurance policy maintained by the Company, which disability policy shall provide for full payment of Executive's Base Salary during the period of disability, but no other compensation or reimbursement of any kind, including without limitation, severance compensation, and thereafter the Company's obligations hereunder shall terminate. Nothing in this Section shall affect Executive's rights under any disability plan in which he is a participant.

Appears in 1 contract

Samples: Security Agreement (Neurocrine Biosciences Inc)

By Disability. If Executive is prevented from properly performing his her duties hereunder by reason of any physical or mental incapacity for a period of more than 90 120 consecutive days, or for 180 days in the aggregate in any 365-day period, then, to the extent permitted by law, the Company may terminate the employment on the 90th day of Executive at such incapacitytime. In such event, the Company shall pay to Executive all Accrued Compensation, and shall continue to pay to Executive the Base Salary until such time (but not more than 90 days following termination), as Executive shall become entitled to receive disability insurance payments under the disability insurance policy maintained by the Company, which disability policy shall provide for full payment of Executive's Base Salary during the period of disability, but no other compensation or reimbursement of any kind, including without limitation, severance compensation, and thereafter the Company's obligations hereunder shall terminate. Nothing in this Section shall affect Executive's rights under any disability plan in which he is a participant.

Appears in 1 contract

Samples: Employment Agreement (Neurocrine Biosciences Inc)

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By Disability. If the Executive is prevented from properly performing his duties hereunder by reason of any physical or mental incapacity for a period of more than 90 sixty (60) days in the aggregate in any 365-day period, then, to the extent permitted by law, the Company may terminate the employment Employment Period on the 90th 60th day of such incapacity. In such event, the Company shall pay to Executive all Accrued Compensation, and shall continue to pay to Executive the Base Salary and the pro rata amount of the guaranteed annual bonus until such time (but not more than 90 days following termination), as Executive shall become entitled to receive disability insurance payments under the disability insurance policy maintained by the Company, which disability policy shall provide for full payment of Executive's Base Salary during the period of disabilityCompany (but not more than ninety (90) days following termination), but no other compensation or reimbursement of any kind, including without limitation, severance compensation, and thereafter the Company's ’s obligations hereunder shall terminate. Nothing in this Section shall affect Executive's ’s rights under any disability plan in which he is a participant.

Appears in 1 contract

Samples: Employment Agreement (Pain Therapeutics Inc)

By Disability. If the Executive is prevented from properly performing his duties hereunder by reason of any physical or mental incapacity for a period of more than 90 sixty (60) days in the aggregate in any 365-day period, then, to the extent permitted by law, the Company may terminate the employment Employment Period on the 90th 60th day of such incapacity. In such event, the Company shall pay to Executive all Accrued Compensation, and shall continue to pay to Executive the Base Salary and the pro rata amount of the guaranteed annual bonus until such time (but not more than 90 days following termination), as Executive shall become entitled to receive disability insurance payments under the disability insurance policy maintained by the Company, which disability policy shall provide for full payment of Executive's Base Salary during the period of disabilityCompany (but not more than ninety (90) days following termination), but no other compensation or reimbursement of any kind, including without limitation, severance compensation, and thereafter the Company's obligations hereunder shall terminate. Nothing in this Section shall affect Executive's rights under any disability plan in which he is a participant.

Appears in 1 contract

Samples: Employment Agreement (Pain Therapeutics Inc)

By Disability. If the Executive is prevented from properly ------------- performing his duties hereunder by reason of any physical or mental incapacity for a period of more than 90 60 days in the aggregate in any 365-day period, then, to the extent permitted by law, the Company may terminate the employment Employment Period on the 90th 60th day of such incapacity. In such event, the Company shall pay to Executive all Accrued Compensation, and shall continue to pay to Executive the Base Salary and the pro rata amount of the Performance Bonus determined in accordance with Section 2(b) above until such time (but not more than 90 days following termination), as Executive shall become entitled to receive disability insurance payments under the disability insurance policy maintained by the Company, which disability policy shall provide for full payment of Executive's Base Salary during the period of disabilityCompany (but not more than 90 days following termination), but no other compensation or reimbursement of any kind, including without limitation, severance compensation, and thereafter the Company's obligations hereunder shall terminate. Nothing in this Section shall affect Executive's rights under any disability plan in which he is a participant.

Appears in 1 contract

Samples: Employment and Noncompetition Agreement (Inventa Technologies Inc)

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