Common use of By Disability Clause in Contracts

By Disability. If, in the sole opinion of the Board, Employee shall be prevented from properly performing his duties hereunder by reason of any physical or mental incapacity for a period of more than 150 days in the aggregate or 120 consecutive days in any twelve-month period, then, to the extent permitted by law, the Period of Employment shall terminate on and the compensation to which Employee is entitled pursuant to Section 3(a) shall be paid up through the last day of the month in which the Board determines Employee to be disabled hereunder, and thereafter the Company's obligations hereunder shall terminate. Nothing in this section shall affect Employee's rights under any disability plan in which he is a participant.

Appears in 7 contracts

Samples: Employment Agreement (Imagyn Medical Technologies Inc), Employment Agreement (Imagyn Medical Technologies Inc), Employment Agreement (Starsight Telecast Inc)

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By Disability. If, in the sole opinion of the Board, Employee employee shall be prevented from properly performing his duties hereunder by reason of any physical or mental incapacity for a period of more than 150 days in the aggregate or 120 consecutive days in any twelve-month period, then, to the extent permitted by law, the Period of Employment shall terminate on and the compensation to which Employee is entitled pursuant to Section 3(a) shall be paid up through the last day of the month in which the Board determines Employee to be disabled hereunder, and thereafter the Company's obligations hereunder shall terminate. Nothing in this section shall affect Employee's rights under any disability plan in which he is a participant.

Appears in 3 contracts

Samples: Employment Agreement (Urohealth Systems Inc), Employment Agreement (Urohealth Systems Inc), Employment Agreement (Urohealth Systems Inc)

By Disability. If, in the sole opinion of the Board, Employee shall be prevented from properly performing his duties hereunder by reason of any physical or mental incapacity for a period of more than 150 days in the aggregate or 120 consecutive days in any twelve-month period, then, to the extent permitted by law, the Period of Employment shall terminate on and the compensation to which Employee is entitled pursuant to Section 3(a) shall be paid up through the last day of the month in which the Board determines Employee to be disabled hereunder, and thereafter the Company's obligations hereunder shall terminate. Nothing in this section shall affect Employee's rights under any disability plan in which he is a participant.shall

Appears in 1 contract

Samples: Employment Agreement (Starsight Telecast Inc)

By Disability. If, in the sole opinion of the Board, the Employee shall be prevented from properly performing his duties hereunder by reason of any physical or mental incapacity for a period of more than 150 days in the aggregate or 120 one hundred and twenty (120) consecutive days in any twelve-month period, then, to the extent permitted by law, the Period of Employment shall terminate on and the compensation to which Employee is entitled pursuant to Section 3(a2(a) shall be paid up through the last day of the month in which the Board determines Employee to be disabled hereunderone hundred and twentieth day of incapacity occurs, and thereafter the Company's obligations hereunder shall terminate. Nothing in this section shall affect Employee's rights under any disability plan in which he is a participant.this

Appears in 1 contract

Samples: Employment Agreement (Skillsoft Corp)

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By Disability. If, in the sole opinion of the BoardBoard of Directors, the Employee shall be has been prevented from properly performing his duties hereunder by reason of any physical or mental incapacity by being absent from work for a period of more than 150 eighty (80) days in the aggregate or 120 sixty (60) consecutive days in any twelve-twelve (12)- month period, then, to then the extent permitted by law, the Period of Employment Employee's employment shall terminate on on, and the compensation base salary to which the Employee is entitled pursuant to Section 3(a) 3.1 shall be paid up through through, the last day of the month in which the Board of Directors determines that the Employee to be disabled hereunderis disabled, as specified above, and thereafter the Company's obligations hereunder shall terminate. Nothing in this section Section shall affect the Employee's rights under any Company sponsored disability plan in which he is a participant.

Appears in 1 contract

Samples: Employment Agreement (Nortech Forest Technologies Inc)

By Disability. If, in the sole opinion of the Board, Employee ------------- shall be prevented from properly performing his duties hereunder by reason of any physical or mental incapacity for a period of more than 150 days in the aggregate or 120 consecutive days in any twelve-month period, then, to the extent permitted by law, the Period of Employment shall terminate on and the compensation to which Employee is entitled pursuant to Section 3(a) shall be paid up through the last day of the month in which the Board determines Employee to be disabled hereunder, and thereafter the Company's obligations hereunder shall terminate. Nothing in this section shall affect Employee's rights under any disability plan in which he is a participant.

Appears in 1 contract

Samples: Employment Agreement (Gemstar Tv Guide International Inc)

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