Common use of TERMINATION FOR DISABILITY OR DEATH Clause in Contracts

TERMINATION FOR DISABILITY OR DEATH. (i) In the event of termination for Disability during the Employment Period, the Employee shall be entitled to (A) the Base Salary through the date of termination, payable in accordance with the Company’s usual payment practices; (B) such fringe benefits, if any, as to which the Employee may be entitled under the employee benefit plans of the Company (the amounts described in clauses (A) and (B) hereof being referred to as the “Accrued Rights”); (C) subject to the Employee’s execution and non-revocation of a Release pursuant to Section 12 herein, continued payment of Base Salary for a period of six months after the Termination Date, payable in accordance with the Company’s usual payment practices; provided that the first payment shall begin on the first regular payroll date to occur on or after the sixtieth (60th) day following the Termination Date (the “First Payment Date”) and shall include payment of any amounts that would otherwise be due prior thereto; (D) subject to the Employee’s execution and non-revocation of a Release pursuant to Section 12 herein, a pro rata portion of any incentive bonus that the Employee would have been entitled to receive pursuant to Section 4(b) hereof in such year based upon the percentage of the fiscal year that shall have elapsed through the date of the Employee’s termination of employment (the “Pro-Rata Bonus”), payable when such incentive bonus would have otherwise been payable to the Employee pursuant to Section 4(b) had the Employee’s employment not terminated; (E) subject to the Employee’s execution and non-revocation of a Release pursuant to Section 12 herein, immediate vesting of the then unvested portion of the Rollover Bonus and payment therefore and any interest thereon (the “Rollover Acceleration Payment”), payable upon the First Payment Date; (F) subject to the Employee’s execution and non-revocation of a Release pursuant to Section 12 herein, for a period of three years after the Termination Date, reimbursement by the Company to the Employee for amounts paid, if any, to continue medical, dental and health coverage pursuant to the provisions of the Consolidated Omnibus Budget Reconciliation Act (“COBRA”); and (G) subject to the Employee’s execution and non-revocation of a Release pursuant to Section 12 herein, for a period of three years after the Termination Date, the continuation by the Company of Employee’s life insurance and disability coverage, to the extent limited by Section 5(f).

Appears in 11 contracts

Samples: Employment Agreement (Galaxy Dream Corp), Employment Agreement (Galaxy Dream Corp), Employment Agreement (Galaxy Dream Corp)

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TERMINATION FOR DISABILITY OR DEATH. If Executive should suffer a Disability, the IGI Companies may terminate Executive's employment hereunder upon ten (10) or more days' prior written notice to Executive. If Executive should pass away during the term of this Agreement, Executive’s employment shall be deemed terminated on his date of death. For the purpose of this Agreement, a “Disability” shall be deemed to have occurred (i) when Executive has become eligible for disability benefits under the IGI Companies’ long-term group disability policy, if any, or, if no policy is then in effect, (ii) when such incapacity or disability, as defined below, shall have existed for either (A) one continuous period of six months or (B) a total of seven months out of any twelve consecutive months. In the event of the termination for of Executive's employment hereunder by reason of Disability during or death, the Employment PeriodTerm shall end on the day of such termination and the IGI Companies shall pay Executive (or Executive's legal representative in the event of termination due to Disability, or any beneficiary or beneficiaries designated by Executive to the Employee shall be entitled IGI Companies in writing, or to Executive's estate if no such beneficiary has been so designated in the event of Executive's death): (Ai) the his unpaid Base Salary through the effective date of termination, payable in accordance with termination and any business expenses remaining unpaid on the Company’s usual payment practices; (B) such fringe benefits, if any, as to which the Employee may be entitled under the employee benefit plans effective date of the Company (the amounts described in clauses (A) termination for which Executive is entitled to be reimbursed under Section 5 of this Agreement; and (Bii) hereof being referred an amount equal to as a pro-rata portion of the “Accrued Rights”); (C) subject to the Employee’s execution and non-revocation of a Release pursuant to Section 12 herein, continued payment of Base Salary for a period of six months after the Termination Date, payable in accordance with the Company’s usual payment practices; provided that the first payment shall begin on the first regular payroll date to occur on or after the sixtieth (60th) day following the Termination Date (the “First Payment Date”) and shall include payment of any amounts Annual Bonus that would otherwise be due prior thereto; (D) subject to the Employee’s execution and non-revocation of a Release pursuant to Section 12 herein, a pro rata portion of any incentive bonus that the Employee would have been entitled to receive pursuant to Section 4(b) hereof in such year based upon the percentage of the fiscal year that shall have elapsed through the date of the Employee’s termination of employment (the “Pro-Rata Bonus”), payable when such incentive bonus would have otherwise been payable to Executive for the Employee pursuant to Section 4(b) Fiscal Year in which the termination occurs, determined in the same manner and payable at the same time as such Annual Bonus would otherwise have been payable had the EmployeeExecutive’s employment not terminated; , with such pro-ration to be determined based on the number of months (E) subject to the Employee’s execution and non-revocation of a Release pursuant to Section 12 herein, immediate vesting of the then unvested portion of the Rollover Bonus and payment therefore and any interest thereon (fraction thereof) Executive is employed during the “Rollover Acceleration Payment”)Fiscal Year in which termination occurs, payable upon the First Payment Date; (F) subject relative to the Employee’s execution and non-revocation of a Release pursuant to Section 12 herein, for a period of three years after the Termination Date, reimbursement by the Company to the Employee for amounts paid, if any, to continue medical, dental and health coverage pursuant to the provisions of the Consolidated Omnibus Budget Reconciliation Act (“COBRA”); and (G) subject to the Employee’s execution and non-revocation of a Release pursuant to Section 12 herein, for a period of three years after the Termination Datemonths. Except as specifically set forth above, the continuation by the Company IGI Companies shall have no further obligations to Executive under this Agreement following his termination of Employee’s life insurance and disability coverage, to the extent limited by Section 5(f)employment as a result of his death or Disability.

Appears in 1 contract

Samples: Employment Agreement (Igi Inc)

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