Common use of Disability Clause in Contracts

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.

Disability. If the Company determines in good faith that the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) such 30 day period following receipt of such notice, the Executive shall not have returned to full-time performance of his duties. The Executive shall continue to receive his Annual Base Salary until the Executive’s duties hereunder90th day following the date of the Notice of Termination.

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; , provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or and the date specified in such notice; , provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s his duties hereunder.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth fourteenth (30th14th) calendar day after receipt delivery of such notice by the Executive or the date specified in such noticeto Executive; provided that that, within the thirty fourteen (3014) day period following receipt of calendar days after such noticedelivery, the Executive shall not have returned to full-full time performance of the Executive’s duties hereunderduties. Executive may provide notice to the Company of Executive’s resignation on account of a Disability at any time.

Disability. If the Company determines in good faith that the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of his duties. The Executive shall continue to receive his Annual Base Salary until the Executive’s duties hereunderDate of Termination.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th day after receipt delivery of such notice by the Executive or the date specified in such notice; to Executive, provided that within the thirty (30) day period following receipt of 14 days after such noticedelivery, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderduties. Executive may provide notice to the Company of Executive’s resignation on account of a bona fide Disability at any time.

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided that that, within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day 30)-day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Disability. If In the Executive incurs a event of the Executive’s Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employmentemployment while he remains so disabled. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th day after receipt delivery of such notice by the Executive or the date specified in such notice; , provided that within the thirty (30) day period following receipt of 14 days after such noticedelivery, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.

Disability. If the Executive incurs a Disability, the Company Employer may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company Employer and its Affiliates shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided that that, within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.

Disability. If the Disability of the Executive incurs a Disabilityhas occurred during the Contract Term, the Company Partnership or the Company, respectively, may give the Executive written notice in accordance with Section 15(c) of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Partnership and the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th day after receipt delivery of such notice by the Executive or the date specified in such notice; to Executive, provided that within the thirty (30) day period following receipt of 14 days after such noticedelivery, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderduties. Executive may provide notice to the Company of Executive's resignation on account of a bona fide Disability at any time.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Disability. If the Company determines in good faith that the Disability (as defined below) of Executive incurs a Disabilityhas occurred during the Employment Period, the Company it may give the to Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such written notice by Executive (the Executive or the date specified in such notice; “Disability Effective Date”), provided that that, within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.duties. For purposes of this

Disability. If the Company determines in good faith that the Disability of the Executive incurs a Disabilityhas occurred during the Term of Employment, the Company may give the Executive written notice in accordance with Section 13(b) of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of his duties. The Executive shall continue to receive his Annual Base Salary and Benefits until the Executive’s duties hereunderdate of termination.

Disability. If the Company determines in good faith that Executive incurs a Disabilityis Disabled during the Term, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; provided that if, within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderwith or without a reasonable accommodation.

Disability. If In the Executive incurs a event of the Executive's Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th day after receipt delivery of such notice by the Executive or the date specified in such notice; , provided that within the thirty (30) day period following receipt of 14 days after such noticedelivery, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.. (iii)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 14 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder's duties.

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after Executive’s receipt of such written notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Company’s intent to terminate Executive’s duties hereunderemployment for such Disability.

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided that within the Executive’s Disability continues beyond such thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereundernotice period.

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment; provided that such written notice may only be given after the expiration of the time period required under the definition of Disability below. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of (x) the thirtieth fifteenth (30th15th) day after receipt of such notice by the Executive or (y) the date specified in such notice; , provided that within the thirty fifteen (3015) day period following receipt of days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderduties.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or and the date specified in such notice; provided provided, that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided , provided, that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.

Disability. If the Executive incurs has incurred a Disability, the Company Board may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Disability. If the Company determines in good faith that the Executive incurs a Disabilityis Significantly Disabled during the Term of Employment, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s his duties hereunderwith or without a reasonable accommodation.

Disability. If the Company determines in good faith that the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (such 30) -day period following receipt of such notice, the Executive shall not have returned to full-time performance of his or her duties. The Executive shall continue to receive his or her Annual Base Salary until the Executive’s duties hereunder90th day following the date of the Notice of Termination.

Disability. If the Company determines in good faith that the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice Notice of Termination by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) such 30 day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of his duties. This Section 4 (a) (ii) shall be construed in a manner consistent with the Executive’s duties hereunderrequirements of the Americans With Disabilities Act and Hawaii Employment Practices law.

Disability. If the Executive incurs a Disabilitybecomes Disabled during the Employment Term, the Company may give notify the Executive written notice of its intention to terminate the Executive’s employmenthis employment pursuant to this Subparagraph (b). In that such event, the Executive’s 's employment with the Company shall terminate, effective terminate on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of receives such notice, the Executive shall not have returned unless he returns to substantially full-time performance of the Executive’s his duties hereunderwithin such 30-day period.

Disability. If the Disability of the Executive incurs a Disabilityhas occurred during the Contract Term, the Company Partnership or the Company, respectively, may give the Executive written notice in accordance with Section 8(g) of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Partnership and the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th day after receipt delivery of such notice by the Executive or the date specified in such notice; to Executive, provided that within the thirty (30) day period following receipt of 14 days after such noticedelivery, the Executive shall not have returned to full-time performance of Executive's duties. Executive may provide notice to the Company of Executive’s duties hereunder's resignation on account of a bona fide Disability at any time.

Disability. If the Company determines in good faith that the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall either has not have returned to full-time performance of his duties or requested a return to performance of his duties with a reasonable accommodation for his disability. The Executive shall continue to receive his Annual Base Salary until the Executive’s duties hereunderDate of Termination.

Disability. If the Company reasonably determines in good faith that the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of his duties. The Executive shall continue to receive his Annual Base Salary until the Executive’s duties hereunderDate of Termination.

Disability. If the Company determines in good faith that the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (such 30) -day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderduties. The Executive shall continue to receive the Executive’s Annual Base Salary until the 90th day following the date of the Notice of Termination.

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that event, the Executive’s 's employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided provided, that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s 's duties hereunder.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderher duties.

Disability. If the Company determines in good faith that Executive incurs has incurred a Disability, the Company may give the provide Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) such 30 day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Disability. If the Company determines in good faith that the Disability of the Executive incurs a has occurred (pursuant to the definition of “Disability” as set forth below), the Company it may give to the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or (the date specified in such notice; “Disability Effective Date”), provided that that, within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderduties.

Disability. If the Company determines in good faith that the Disability (as defined below) of Executive incurs a Disabilityhas occurred during the Employment Period, the Company it may give the to Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such written notice by Executive (the Executive or the date specified in such notice; “Disability Effective Date”), provided that that, within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.’s

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Disability. If the Company determines in good faith that the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) such 30 day period following receipt of such notice, the Executive shall not have returned to full-time performance of his or her duties. The Executive shall continue to receive his or her Annual Base Salary until the Executive’s duties hereunder90th day following the date of the Notice of Termination.

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day 30 days after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) -day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.

Disability. If the Disability of the Executive incurs a Disabilityhas occurred during the Contract Term, the Company Partnership or the Company, respectively, may give the Executive written notice in accordance with Section 7(g) of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Partnership and the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth fourteenth (30th14th) calendar day after receipt delivery of such notice by the Executive or the date specified in such notice; to Executive, provided that within the thirty fourteen (3014) day period following receipt of calendar days after such noticedelivery, the Executive shall not have returned to full-full time performance of the Executive’s duties hereunderduties. Executive may provide notice to the Company of Executive’s resignation on account of a Disability at any time.

Disability. If the Disability of the Executive incurs a Disabilityhas occurred during the Contract Term, the Company Partnership or the Company, respectively, may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Partnership and the Company (including the rights to receive compensation and benefits, except as otherwise required by law) shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Disability. If the Company determines in good faith that the Disability (as defined below) of Executive incurs a Disabilityhas occurred during the Employment Period, the Company it may give the to Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such written notice by Executive (the Executive or the date specified in such notice; “Disability Effective Date”), provided that that, within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.performance

Disability. If the Disability of the Executive incurs a Disabilityhas occurred during the Contract Term, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company (including the rights to receive compensation and benefits, except as otherwise required by law) shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Disability. If The Corporation may terminate the Executive incurs a Executive's employment after having established the Executive's Disability, the Company may give by giving to the Executive written notice of its intention to terminate the Executive’s her employment. In that event, the Executive’s and her employment with the Company Corporation shall terminate, terminate effective on the later of the thirtieth (30th) 90th day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, if the Executive shall not have returned fail to return to full-time performance of the Executive’s her duties hereunderwithin ninety (90) days after such receipt.

Disability. If the Disability of the Executive incurs a Disabilityhas occurred during the Contract Term, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company (including the rights to receive compensation and benefits, except as otherwise required by law) shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Disability. If the Company determines in good faith that the Disability of the Executive incurs a Disabilityhas occurred during the Employment Period (pursuant to the definition of Disability set forth below), the Company it may give written notice to the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt delivery of such notice by to the Executive or (the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder."Disability

Disability. If In the Executive incurs a event of the Executive's Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment's employment while he remains so disabled. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th day after receipt delivery of such notice by the Executive or the date specified in such notice; , provided that within the thirty (30) day period following receipt of 14 days after such noticedelivery, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Disability. If the Disability of Executive incurs a Disabilityhas occurred during the Contract Term, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or and the date specified in such notice; provided provided, that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s 's duties hereunder.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th day after receipt delivery of such notice by the Executive or the date specified in such notice; to Executive, provided that that, within the thirty (30) day period following receipt of 14 days after such noticedelivery, the Executive shall not have returned to full-time performance of Executive's duties. Executive may provide notice to the Company of Executive’s duties hereunder's resignation on account of a bona fide Disability at any time.

Disability. If the Company determines in good faith that the Disability of the Executive incurs a Disabilityhas occurred during the Employment Period (pursuant to the definition of Disability set forth below), the Company it may give written notice to the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt delivery of such notice by to the Executive or (the date specified in such notice; "Disability Effective Date"), provided that that, within the thirty (30) day period following receipt of 30 days after such noticedelivery, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.'s duties. For purposes of this

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of his duties. This Section 4 (a) (ii) shall be construed in a manner consistent with the Executive’s duties hereunderrequirements of the Americans With Disabilities Act and Hawaii Employment Practices law.

Disability. If In the Executive incurs a event of the Executive's Disability, the Company may give the Executive written a notice of its intention to terminate the Executive’s employmenttermination. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or (the date specified in such notice; "Disability Effective Date") provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder' duties.

Disability. If the Company determines in good faith that the Disability of the Executive incurs a has occurred (pursuant to the definition of “Disability” set forth below), the Company it may give to the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) day after receipt by the Executive of such notice by the Executive or the date specified in such notice; provided that within the thirty given at any time after a period of one hundred twenty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.120)

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th day after receipt delivery of such notice by the Executive or the date specified in such notice; to Executive, provided that within the thirty (30) day period following receipt of 14 days after such noticedelivery, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderduties.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or and the date specified in such notice; , provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s his duties hereunder.. (iii)

Disability. If the Executive incurs a Disability, the Company may give the Executive theExecutive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided that within the Executive’s Disability continues beyond such thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereundernotice period.

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or and the date specified in such notice; provided that that, within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.

Disability. If Executive has incurred a Disability as that term is defined in the Executive incurs a DisabilityEmployment Agreement, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th day after receipt delivery of such notice by the Executive or the date specified in such notice; to Executive, provided that within the thirty (30) day period following receipt of 14 days after such noticedelivery, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderduties.

Disability. If the Company determines in good faith that the Disability of the Executive incurs a has occurred (pursuant to the definition of “Disability” set forth below), the Company it may give to the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company Period of Employment shall terminate, terminate effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.30th day

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or and the date specified in such notice; , provided that that, within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s his duties hereunder.

Disability. (a) If the Company determines in good faith that the Executive incurs has incurred a DisabilityDisability (as defined below) prior to the end of the Term, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, will terminate effective on the later of the thirtieth (30th) 30th calendar day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 calendar days after such noticereceipt, the Executive shall will not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 14 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.his duties. (iii)

Disability. If In the Executive incurs a event of the Executive’s Disability, the Company may give the Executive written a notice of its intention to terminate the Executive’s employmenttermination. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or (the date specified in such notice; “Disability Effective Date”) provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder’ duties.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, in which case the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) day after the receipt of such notice by the Executive or the date specified in such noticeExecutive; provided that within prior to the thirty (30) day period following receipt effective date of such noticetermination, the Executive shall not have returned to full-time performance of his duties; provided, further, that until such termination, the Executive’s duties hereunderExecutive shall continue to receive his full compensation and benefits.

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment; provided that such written notice may only be given after the expiration of the time period required under the definition of Disability below. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of (x) the thirtieth fifteenth (30thl5th) day after receipt of such notice by the Executive or (y) the date specified in such notice; , provided that within the thirty fifteen (3015) day period following receipt of days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderduties.

Disability. If The Corporation may terminate the Executive incurs a Executive's employment after having established the Executive's Disability, the Company may give by giving to the Executive written notice of its intention to terminate the Executive’s his employment. In that event, the Executive’s and his employment with the Company Corporation shall terminate, terminate effective on the later of the thirtieth (30th) 90th day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, if the Executive shall not have returned fail to return to full-time performance of the Executive’s his duties hereunderwithin ninety (90) days after such receipt.

Disability. If the Company determines in good faith that the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (such 30) -day period following receipt of such notice, the Executive shall not have returned to full-time performance of her duties. The Executive shall continue to receive her Annual Base Salary until the Executive’s duties hereunder90th day following the date of the Notice of Termination.

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided that that, within the thirty (30) day 30)-day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later latest of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; , provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.

Disability. If the Company determines in good faith that the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) such 30 day period following receipt of such notice, the Executive shall not have returned to full-time performance of his duties. The Executive shall continue to receive his Annual Base Salary until the Executive’s duties hereunder90th day following the date of the Notice of Termination.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th day after receipt delivery of such notice by the Executive or the date specified in such notice; to Executive, provided that that, within the thirty (30) day period following receipt of 14 days after such noticedelivery, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderduties. Executive may provide notice to the Company of Executive's resignation on account of a bona fide Disability at any time.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or and the date specified in such notice; , provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s her duties hereunder.

Disability. If the Company determines that the Disability of the Executive incurs a Disabilityhas occurred during the Employment Period (pursuant to the definition of Disability set forth below), the Company it may give to the Executive written notice in accordance with Section 7.1 of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.after

Disability. If the Executive incurs a Disability, the The Company may give terminate the Executive's employment hereunder after having established the Executive's "Disability" (as defined below), by giving the Executive written notice of its intention to terminate the Executive’s employmentExecutives employment due to such Disability. In that event, The date of Disability shall be the Executive’s employment with day on which the Executive receives notice from the Company shall terminate, effective on the later of the thirtieth (30thin accordance with Section 8(f) day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhereof.

Disability. If the Company determines in good faith that ---------- the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of his duties. The Executive shall continue to receive his Annual Base Salary until the Executive’s duties hereunderDate of Termination.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th calendar day after receipt delivery of such notice by the Executive or the date specified in such notice; to Executive, provided that within the thirty (30) day period following receipt of 14 calendar days after such noticedelivery, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderduties. Executive may provide notice to the Company of Executive’s resignation on account of a Disability at any time.

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment; provided that such written notice may only be given after the expiration of the time period required under the definition of Disability below. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of (x) the thirtieth fifteenth (30th15th) day after receipt of such notice by the Executive or (y) the date specified in such notice; , provided that within the thirty fifteen (3015) day period following receipt of days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderduties.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s his duties hereunder.

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; , provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Disability. If The Corporation may terminate the Executive incurs a Executive’s employment upon the Executive’s Disability, the Company may give by giving to the Executive written notice of its intention to terminate the Executive’s her employment. In that event, the Executive’s and her employment with the Company Corporation shall terminate, terminate effective on the later of the thirtieth (30th) 90th day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, if the Executive shall not have returned fail to return to full-time performance of the Executive’s her duties hereunderwithin ninety (90) days after such receipt.

Disability. If The Corporation may terminate the Executive incurs a Executive's employment upon the Executive's Disability, the Company may give by giving to the Executive written notice of its intention to terminate the Executive’s his employment. In that event, the Executive’s and his employment with the Company Corporation shall terminate, terminate effective on the later of the thirtieth (30th) 90th day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, if the Executive shall not have returned fail to return to full-time performance of the Executive’s his duties hereunder.within ninety (90) days after such receipt. (b)

Disability. If the Company determines in good faith that the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of her duties. The Executive shall continue to receive her Annual Base Salary until the Executive’s duties hereunderDate of Termination.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that such event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 14th day after receipt delivery of such notice by the Executive or the date specified in such notice; to Executive, provided that within the thirty (30) day period following receipt of 14 days after such noticedelivery, the Executive shall not have returned to full-full- time performance of the Executive’s duties hereunderduties. Executive may provide notice to the Company of Executive’s resignation on account of a bona fide Disability at any time.

Disability. If the Disability of the Executive incurs a Disabilityhas occurred during the Contract Term, the Company Partnership or the Company, respectively, may give the Executive written notice in accordance with Section 8(g) of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Partnership and the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderhis duties.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s 's employment. In that event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or and the date specified in such notice; , provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s his duties hereunder.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) day period following receipt of 30 days after such noticereceipt, the Executive shall not have returned to full-time performance of the Executive’s duties hereunderher duties.

Disability. If the Company determines in good faith that the Executive incurs has incurred a Disability, the Company may give the Executive written writen notice of its intention to terminate the Executive’s 's employment. In that such event, the Executive’s 's employment with the Company shall terminate, terminate effective on the later of the thirtieth (30th) 30th day after receipt of such notice by the Executive or the date specified in such notice; Executive, provided that within the thirty (30) such 30 day period following receipt of such notice, the Executive shall not have returned to full-time performance of his duties. The Executive shall continue to receive his Annual Base Salary until the Executive’s duties hereunder90th day following the date of the Notice of Termination.

Disability. If Either the Executive incurs a or Employer may terminate the Executive’s employment, after having established the Executive’s Disability, the Company may give the Executive written by giving notice of his or its intention to terminate the Executive’s employment. In that event, and the Executive’s employment with the Company Employer shall terminate, terminate effective on the later of the thirtieth ninetieth (30th90th) day after receipt of such notice by (the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt “Disability Effective Date”). For purposes of such noticethis Agreement, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.“Disability” shall:

Disability. If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; provided , provided, that within the thirty (30) day 30)-day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.

Disability. If the Executive incurs has incurred a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30th) day after receipt of such notice by the Executive or the date specified in such notice; , provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s his duties hereunder.