Common use of Bases for Termination Clause in Contracts

Bases for Termination. (1) EMPLOYEE's employment hereunder may be terminated at any time by mutual agreement of the parties. (2) This Agreement shall automatically terminate on the last day of the month in which EMPLOYEE dies or becomes permanently incapacitated. "Permanent incapacity" as used herein shall mean mental or physical incapacity, or both, reasonably determined by CYGX's Board of Directors based upon a certification of such incapacity by, in the discretion of CYGX's Board of Directors, either EMPLOYEE's regularly attending physician or a duly licensed physician selected by CYGX's Board of Directors, rendering EMPLOYEE unable to perform substantially all of his or her duties hereunder and which appears reasonably certain to continue for at least six consecutive months without substantial improvement. EMPLOYEE shall be deemed to have "become permanently incapacitated" on the date CYGX's Board of Directors has determined that EMPLOYEE is permanently incapacitated and so notifies EMPLOYEE.

Bases for Termination. (1) EMPLOYEE's employment hereunder may be terminated at any time by mutual agreement of the parties. (2) This Agreement shall automatically terminate on the last day of the month in which EMPLOYEE dies or becomes permanently incapacitated. "Permanent incapacity" as used herein shall mean mental or physical incapacity, or both, reasonably determined by CYGXCYGS's Board of Directors based upon a certification of such incapacity by, in the discretion of CYGXCYGS's Board of Directors, either EMPLOYEE's regularly attending physician or a duly licensed physician selected by CYGXCYGS's Board of Directors, rendering EMPLOYEE unable to perform substantially all of his or her duties hereunder and which appears reasonably certain to continue for at least six consecutive months without substantial improvement. EMPLOYEE shall be deemed to have "become permanently incapacitated" on the date CYGXCYGS's Board of Directors has determined that EMPLOYEE is permanently incapacitated and so notifies EMPLOYEE.