Disability of the Employee. This Agreement may be terminated by the Company upon the Disability of the Employee. "Disability" shall mean any mental or physical illness, condition, disability or incapacity which prevents the Employee from reasonably discharging his duties and responsibilities under this Agreement for a period of 180 consecutive days. In the event that any disagreement or dispute shall arise between the Company and the Employee as to whether the Employee suffers from any Disability, then, in such event, the Employee shall submit to the physical or mental examination of a physician licensed under the laws of the State of Florida, who is mutually agreeable to the Company and the Employee, and such physician shall determine whether the Employee suffers from any Disability. In the absence of fraud or bad faith, the determination of such physician shall be final and binding upon the Company and the Employee. The entire cost of such examination shall be paid for solely by the Company. In the event the Company has purchased Disability insurance for Employee, the Employee shall be deemed disabled if he is completely (fully) disabled as defined by the terms of the Disability policy. In the event that at any time during the term of this Agreement the Employee shall suffer a Disability and the Company terminates the Employee's employment for such Disability, such Disability shall be considered to be a termination by the Company without Cause or a termination by the Employee for Good Reason and the Severance Payments shall be paid to the Employee to the same extent and in the same manner as provided for in paragraph (c) above, except that payment of the Salary in accordance with said paragraph shall be mitigated to the extent payments are made to the Employee pursuant to disability insurance programs maintained by the Company.
Disability of the Employee. In the event that the Employee becomes incapacitated during the Term by reason of sickness, accident or other mental or physical disability such that he is substantially unable to perform his duties and responsibilities hereunder for a period of 60 consecutive days, or for shorter or intermittent periods aggregating 90 days during any 12-month period (a "Disability"), the Company thereafter shall have the right, in its sole and absolute discretion, to terminate the Employee's employment under this Agreement by sending written notice of such termination to the Employee or its legal guardian or other proper legal representative and thereupon his employment hereunder shall immediately cease and terminate. In the event of any such termination, the Employee shall be entitled to receive and be paid solely the Employee's salary then in effect through the effective date of termination and the Company shall have no further liability or other obligation of any kind whatsoever to the Employee.
Disability of the Employee. For purposes of this Agreement, -------------------------- disability is defined to mean that, as a result of the incapacity of the Employee due to physical or mental illness, the Employee shall have been absent for five (5) consecutive months from his duties as described herein or in any other capacity in which he then serves on a substantially full-time basis all as determined at that time to be total and permanent by a physician selected by the Employer and within thirty (30) days after the Employer notifies the Employee in writing that it intends to replace him, the Employee shall not have returned to the performance of such duties on a full-time basis. During the period that the Employee has been absent from his duties, the Employer shall pay the Employee his full base salary and provide at its expense to the Employee, his spouse and dependents continued coverage under any welfare benefit plan. Upon such determination that the Employee is disabled, this Agreement and the employment of Employee shall terminate. The Employee shall receive such benefits from any disability policies of the Employer then in effect. The Employer also shall pay to the Employee the difference between the base salary of the Employee through the next scheduled termination date of the Agreement and any benefit payments received by the Employee from any disability policies of the Employer. In addition, the Employer shall provide at its expense to the spouse and dependents of the Employee such welfare benefit plan coverage through the next scheduled termination date of this Agreement at the same coverage level and on the same terms and conditions which are in effect immediately prior to the date of the disability of the Employee. Following the scheduled date of termination of this Agreement, there shall be no further obligation of the Employer to provide any payments to the Employee hereunder.
Disability of the Employee. If the Employee’s employment is terminated prior to the end of the Restriction Period by reason of the Employee’s Total and Permanent Disability, all RSUs shall immediately vest including any amounts for dividend equivalent payments on RSUs that vest at termination subject to the condition that the Employee shall have executed a current Agreement Regarding Confidential Information and Proprietary Developments (“ARCIPD”) that is satisfactory to the Company, and shall not have engaged in any conduct that creates a conflict of interest in the opinion of the Company.
Disability of the Employee. If the Employee’s employment is terminated prior to the end of the Restriction Period by reason of the Employee’s Total and Permanent Disability, all RSUs shall immediately vest including any amounts for dividend equivalent payments on RSUs that vest at termination. The Company’s obligation to vest the RSUs under this paragraph is subject to the condition that (i) the Employee shall have executed a current Agreement Regarding Confidential Information and Proprietary Developments (“ARCIPD”) that is satisfactory to the Company no later than the date immediately prior to the date of the Employee’s termination of employment, (ii) the Employee has not engaged in any conduct that creates a conflict of interest in the opinion of the Company during the Employee’s active employment with the Company, and (iii) the Employee is in compliance with any-post employment restrictions in the ARCIPD during the period in which the RSU remains outstanding.
Disability of the Employee. Notwithstanding the provisions of Section 4 of this Grant Agreement, in the event of the Employee’s termination due to permanent and total disability, this Stock Option shall vest in full and the Employee may exercise his or her rights under this Grant Agreement within three years from the date of termination. In all cases, however, this Stock Option will expire no later than the Expiration Date. The Company’s obligation to vest the Stock Option under this paragraph is subject to the condition that (i) the Employee shall have executed a current Agreement Regarding Confidential Information and Proprietary Developments (“ARCIPD”) that is satisfactory to the Company no later than the date immediately prior to the date of the Employee’s termination of employment, (ii) the Employee has not engaged in any conduct that creates a conflict of interest in the opinion of the Company during the Employee’s active employment with the Company and any-post employment period during which the Stock Option remains outstanding and (iii) the Employee is in compliance with any-post employment restrictions in the ARCIPD during the period in which the Stock Option remains outstanding.
Disability of the Employee. Notwithstanding the provisions in Section 4 of this Grant Agreement but subject to the terms of Section 15, in the event of the Employee’s termination prior to the fourth anniversary of the Grant Date due to permanent and total disability, this Stock Option shall vest in full, to the extent not previously vested or forfeited. In the event of the Employee’s termination due to permanent and total disability at any time prior to the Expiration Date, the Employee may exercise his or her vested rights under this Grant Agreement within three (3) years from the date of termination. In all cases, however, this Stock Option will expire no later than the Expiration Date. The Company’s obligation to vest the Stock Option under this paragraph is subject to the condition that the Employee shall have executed a current Agreement Regarding Confidential Information and Proprietary Developments (“ARCIPD”) that is satisfactory to the Company, and shall not engage in any conduct that creates a conflict of interest in the opinion of the Company.
Disability of the Employee. In the event that the Employee suffers total and permanent disability during the Term of Employment hereunder, then, effective on the date thereof, the Term of Employment shall conclude; provided, however, that the termination of the Term of Employment resulting from the total and permanent disability shall be deemed to be termination without cause, and the Employee shall be entitled to receive the Severance Payments pursuant to Section 7 hereof, less any other amount received by the Employee as a result of such disability as provided for in Section 4(a) hereof. Total and permanent disability shall mean a disability because of which the Employee is physically or mentally unable to substantially perform the duties required of him under this Agreement for a period of six (6) consecutive months or more.
Disability of the Employee. Notwithstanding the provisions in Section 4 of this Grant Agreement but subject to the terms of Section 18(a) in the event of the Employee’s termination prior to the fifth anniversary of the Grant Date due to permanent and total disability, this Stock Option shall vest in full, to the extent not previously vested or forfeited. In the event of the Employee’s termination due to permanent and total disability at any time prior to the Expiration Date, the Employee may exercise his or her vested rights under this Grant Agreement within three (3) years from the date of termination. In all cases, however, this Stock Option will expire no later than the Expiration Date. The Company’s obligation to vest the Stock Option under this paragraph is subject to the condition that (i) the Employee shall have executed a current Agreement Regarding Confidential Information and Proprietary Developments (“ARCIPD”) that is satisfactory to the Company no later than the date immediately prior to the date of the Employee’s termination of employment, (ii) the Employee has not engaged in any conduct that creates a conflict of interest in the opinion of the Company during the Employee’s active employment with the Company and any-post employment period during which the Stock Option remains outstanding and (iii) the Employee is in compliance with any-post employment restrictions in the ARCIPD during the period in which the Stock Option remains outstanding.
Disability of the Employee. In the event that the Employee becomes incapacitated during the Term by reason of sickness, accident or other mental or physical disability such that he is substantially unable to perform his duties and responsibilities hereunder for a period of ninety (90) consecutive days, or for shorter or intermittent periods aggregating one hundred twenty (120) days during any 12-month period (a "Disability"), the Company thereafter shall have the right, in its sole and absolute discretion, to terminate the Employee's employment under this Agreement by sending written notice of such termination to the Employee or his legal guardian or other proper legal representative and thereupon his employment hereunder shall immediately cease and terminate; provided, however, that notwithstanding the foregoing, the Employee's employment -- shall not be terminated as aforesaid if the Company's Board of Directors determines, in its reasonable judgment, that after the termination of such Disability, the Employee is able to resume his duties and responsibilities to the Company in accordance with the terms hereof in the manner theretofore provided. In the event of any such termination, the Employee shall be entitled to receive and be paid the Employee's salary then in effect through the effective date of termination, as well as the amount of Fifty (50%) percent of the remaining amount due under this Agreement, including the Renewal Term as described in the above Section 3.2 hereof in monthly installments.
