Common use of Termination Upon Death or Permanent Disability Clause in Contracts

Termination Upon Death or Permanent Disability. The Executive's employment shall terminate upon the death or permanent disability of the Executive. For purposes hereof, "permanent disability," shall mean the inability of the Executive, as determined by the Board of Directors of the Company, by reason of physical or mental illness to perform the duties required of him under this Agreement for more than 180 days in any one year period. Successive periods of disability, illness or incapacity will be considered separate periods unless the later period of disability, illness or incapacity is due to the same or related cause and commences less than six months from the ending of the previous period of disability. Upon a determination by the Board of Directors of Xxxxxxxxx that the Executive's employment shall be terminated under this Section 6(d), the Board of Directors shall give the Executive 30 days' prior written notice of the termination. If a determination of the Board of Directors under this Section 6(d) is disputed by the Executive, the parties agree to abide by the decision of a panel of three physicians. The Company will select a physician, the Executive will select a physician and the physicians selected by the Company and the Executive will select a third physician. The Executive agrees to make himself available for and submit to examinations by such physicians as may be directed by the Company. Failure to submit to any examination shall constitute a breach of a material part of this Agreement. In the event of a termination under this Section 6(d), the Company will pay Executive or his duly appointed and qualified executor or other personal representative the earned but unpaid portion of the Executive's Basic Salary through the Termination Date.

Appears in 5 contracts

Samples: Employment Agreement (Danninger Medical Technology Inc), Employment Agreement (Danninger Medical Technology Inc), Employment Agreement (Danninger Medical Technology Inc)

AutoNDA by SimpleDocs

Termination Upon Death or Permanent Disability. The Executive's employment shall terminate upon the death or permanent disability of the Executive. For purposes hereof, "permanent disability," shall mean the inability of the Executive, as determined by the Board of Directors of the Company, by reason of physical or mental illness to perform the duties required of him under this Agreement for more than 180 days in any one year period. Successive periods of disability, illness or incapacity will be considered separate periods unless the later period of disability, illness or incapacity is due to the same or related cause and commences less than six months from the ending of the previous period of disability. Upon a determination by the Board of Directors of Xxxxxxxxx Cross or the Subsidiary that the Executive's employment shall be terminated under this Section 6(d), the Board of Directors shall give the Executive 30 days' prior written notice of the termination. If a determination of the Board of Directors under this Section 6(d) is disputed by the Executive, the parties agree to abide by the decision of a panel of three physicians. The Company will select a physician, the Executive will select a physician and the physicians selected by the Company and the Executive will select a third physician. The Executive agrees to make himself available for and submit to examinations by such physicians as may be directed by the Company. Failure to submit to any examination shall constitute a breach of a material part of this Agreement. In the event of a termination under this Section 6(d), the Company will pay Executive or his duly appointed and qualified executor or other personal representative the earned but unpaid portion of the Executive's Basic Salary and the earned but unpaid portion of any bonus through the Termination Date.

Appears in 5 contracts

Samples: Employment Agreement (Cross Medical Products Inc /De), Employment Agreement (Cross Medical Products Inc /De), Employment Agreement (Cross Medical Products Inc /De)

Termination Upon Death or Permanent Disability. The Executive's employment shall terminate upon the death or permanent disability of the Executive. For purposes hereof, "permanent disability," shall mean the inability of the Executive, as determined by the Board of Directors of the Company, by reason of physical or mental illness to perform the duties required of him under this Agreement for more than 180 days in any one year 360-day period. Successive periods of disability, illness or incapacity will be considered separate periods unless the later period of disability, illness or incapacity is due to the same or related cause and commences less than six months from the ending of the previous period of disability. Upon a determination by the Board of Directors of Xxxxxxxxx Interpore or the Subsidiary that the Executive's employment shall be terminated under this Section 6(d), the Board of Directors shall give the Executive 30 days' prior written notice of the termination. If a determination of the Board of Directors under this Section 6(d) is disputed by the Executive, the parties agree to abide by the decision of a panel of three physicians. The Company will select a physician, the Executive will select a physician and the physicians selected by the Company and the Executive will select a third physician. The Executive agrees to make himself available for and submit to examinations by such physicians as may be directed by the Company. Failure to submit to any examination shall constitute a breach of a material part of this Agreement. In the event of a termination under this Section 6(d), the Company will pay Executive or his duly appointed and qualified executor or other personal representative the earned but unpaid portion of the Executive's Basic Salary through the Termination DateSalary.

Appears in 1 contract

Samples: Employment Agreement (Interpore International /Ca/)

AutoNDA by SimpleDocs

Termination Upon Death or Permanent Disability. The Executive's employment shall terminate upon the death or permanent disability of the Executive. For purposes hereof, "permanent disability," shall mean the inability of the Executive, as determined by the Board of Directors of the Company, by reason of physical or mental illness to perform the duties required of him under this Agreement for more than 180 days in any one year 360-day period. Successive periods of disability, illness or incapacity will be considered separate periods unless the later period of disability, illness or incapacity is due to the same or related cause and commences less than six months from the ending of the previous period of disability. Upon a determination by the Board of Directors of Xxxxxxxxx Interpore or the Subsidiary that the Executive's employment shall be terminated under this Section 6(d), the Board of Directors shall give the Executive 30 days' prior written notice of the termination. If a determination of the Board of Directors under this Section 6(d) is disputed by the Executive, the parties agree to abide by the decision of a panel of three physicians. The Company will select a physician, the Executive will select a physician and the physicians selected by the Company and the Executive will select a third physician. The Executive agrees to make himself available for and submit to examinations by such physicians as may be directed by the Company. Failure to submit to any examination shall constitute a breach of a material part of this Agreement. In the event of a termination under this Section 6(d), the Company will pay Executive or his duly appointed and qualified executor or other personal representative the earned but unpaid portion of the Executive's Basic Salary through the Termination Dateplus payment for any vacation accrued but not taken.

Appears in 1 contract

Samples: Employment Agreement (Interpore International Inc /De/)

Time is Money Join Law Insider Premium to draft better contracts faster.