Termination for Total Disability. The Company may terminate the Executive’s employment during the Protected Period due to the Executive’s Total Disability. “Total Disability” means the Executive’s inability to perform substantially all of his material duties with the Company for a continuous period of six or more months due to illness or injury. During any period prior to his termination of employment that the Executive is unable to substantially perform his duties with the Company as a result of illness or injury, the Company shall continue to pay the Executive his full base salary at the rate then in effect and any bonuses earned by the Executive under Company bonus plans until such time as the Executive’s employment is terminated by the Company for Total Disability. In no event, however, shall such period of continued pay and bonus exceed 29 consecutive months. Following termination of employment under this Section 2.2, the Executive’s benefits shall be determined in accordance with the Company’s long term disability program as in effect on the date hereof, or any successor program then in effect.
Termination for Total Disability. If your service with the Company and its Affiliates terminates as a result of your Disability, then the Award shall immediately vest and become payable within 60 days following such termination. For purposes of this Award Agreement, “Disability” shall mean a permanent disability that would make you eligible for benefits under the long-term disability program maintained by the Company or any of its Affiliates (without regard to any time period during which the disabling condition must exist) or in the absence of any such program, such meaning as the Committee shall determine.
Termination for Total Disability. If, in the judgment of the Board, the Executive fails (with or without reasonable accommodation) to render the services contemplated under this Agreement because of illness or other incapacity for a period of six (6) consecutive months, or for shorter periods aggregating to nine (9) months or more in any consecutive twelve (12) month period, the Board may determine that the Executive is totally disabled and discharge the Executive. The Board shall base its determination upon medical advice provided by a licensed physician acceptable to the Board. Based upon such medical advice or opinion, the determination of the Board shall be final and binding and the date of such determination shall be the date of such Total Disability for purposes of this Agreement.
Termination for Total Disability. In the event that the Company shall terminate the employment of the Executive hereunder for Total Disability, the Executive shall, in addition to those rights provided under Section 9(a), be entitled to a severance payment equal to six (6) months of the Executive’s then Base Salary, which payment shall be paid to him during the six (6) month period following the Termination Date in substantially equal installments, as and when regular payroll payments are made by the Company to its employees.
Termination for Total Disability. If your service with the Company and its Affiliates terminates as a result of your Disability then restrictions on your RSUs shall automatically lapse. For purposes of this Award Agreement, “Disability” shall mean a permanent disability that would make you eligible for benefits under the long-term disability program maintained by the Company or any of its Affiliates (without regard to any time period during which the disabling condition must exist) or in the absence of any such program, such meaning as the Committee shall determine.
Termination for Total Disability. If your service with the Company and its Affiliates terminates as a result of your Disability, then any unvested SARs as of the date of such termination shall immediately vest and become exercisable upon such termination, and any unexercised SARs shall expire on the Expiration Date; provided, however, that if you die less than twenty-four (24) months before the Expiration Date, then any unexercised SARs shall not expire until twenty-four (24) months after the date of your death. For purposes of this Award Agreement, “Disability” shall mean a permanent disability that would make you eligible for benefits under the long-term disability program maintained by the Company or any of its Affiliates (without regard to any time period during which the disabling condition must exist) or in the absence of any such program, such meaning as the Committee shall determine.
Termination for Total Disability. Should the Total Disability of the Executive continue through the end of the Disability Period, the Company may terminate the Executive for Total Disability at any time after the expiration of the Disability Period while the Total Disability of the Executive continues. If, however, prior to the Termination of the Executive for Total Disability, the Total Disability of the Executive shall have ceased under the terms of the Company Policy (or if there is no Company Policy, shall have ceased under the definition of Total Disability set forth in Section 1.31) and he shall have commenced to perform his regular duties hereunder, the following special provisions shall apply: (i) this Agreement shall continue in full force and effect (except as otherwise provided in this Section 2); (ii) the Disability Period shall cease as of the date the Executive ceased to be Totally Disabled; and (iii) the Executive shall resume his employment under this Agreement and receive thereafter compensation in accordance with Section 4 as though he had not been Totally Disabled; provided, however, that unless the Executive shall perform his regular duties hereunder for a continuous period of at least one hundred eighty (180) days following a period of Total Disability before he again becomes Totally Disabled, he shall not be entitled to start a new Disability Period, but instead must continue under the remaining portion (that is, the remaining number of days) of the original Disability Period. In this event, the resumption of the original Disability Period shall commence on the date such Total Disability resumed.
