By Company for Disability. If Executive incurs a Disability and such Disability continues for a period of twelve (12) consecutive months, then the Company may, to the extent permitted by applicable law, terminate Executive’s employment upon written notice to Executive, in which event TNS shall have no further obligation to Executive other than the payment of accrued and/or vested but unpaid Base Salary, pro-rated Incentive Awards (calculated and paid when such awards are paid to other employees generally), vacation pay and other Benefits as of the termination date, unless otherwise required by law or plan documents. For the purposes of this Agreement, a “Disability” means a physical or mental impairment that substantially limits a major life activity and that precludes Executive from performing all of the essential functions of his position, with or without reasonable accommodation, as such applicable terms are defined by the federal Americans with Disabilities Act, as it may be amended from time-to-time.
By Company for Disability. If Executive incurs a Disability and such Disability continues for a period of twelve (12) consecutive months, then the Company may, to the extent permitted by applicable law, terminate Executive’s employment upon written notice to Executive, in which event the Company shall have no further obligation to Executive other than payment of the Accrued Obligations and the Pro Rata Bonus.
By Company for Disability. (INCLUDING SUBSTANCE ABUSE). Cottxx, xx its option, may dismiss Employee from its employment and terminate this Agreement at any time after it shall have been determined by competent medical authority that Employee has become physically or mentally incapacitated or has become addicted to the use of alcohol or narcotics to such an extent that (s)he is prevented by reason of such incapacity or addiction from properly performing duties hereunder. The foregoing sentence shall not be construed to relieve Cottxx xx any obligations it would otherwise have under the Americans with Disabilities Act of 1990 or applicable state statutes. In the event of any such termination of this Agreement, Employee shall be paid whatever portion of salary, vacation and bonuses, if any, under the terms of the Agreement, as shall have accrued to him to the date of termination, and the payment to Employee of any such salary, vacation pay, and bonus pay shall constitute payment in full for all compensation due to Employee.
By Company for Disability. If Executive incurs a Disability and such Disability continues for a period of six (6) consecutive months, then the Company may, to the extent permitted by applicable law, terminate Executive’s employment upon written notice to Executive, in which event the Company shall have no further obligation to Executive other than the payment of accrued and/or vested but unpaid Base Salary, accrued and/or vested but unpaid bonuses, vacation pay and other Benefits as of the termination date, unless otherwise required by law, the Plan or employee benefit plan documents. For the purposes of this Agreement, a “Disability” means a physical or mental impairment that substantially limits a major life activity and that precludes Executive from performing all of the essential functions of his position, with or without reasonable accommodation, as such applicable terms are defined by the federal Americans with Disabilities Act, as it may be amended from time-to-time.
By Company for Disability. Subject to applicable law, Company shall have the right to terminate Employee's employment hereunder if Employee becomes Disabled, upon delivery of a Notice of Termination to Employee. For the purposes hereof Employee shall be deemed "Disabled" if: (i) as a result of Employee's incapacity due to physical or mental illness, including without limitation, chemical dependency, Employee shall have been unable to perform the major duties of his employment for three months (whether or not consecutive) during any twelve month period; or (ii) Employee is found to be permanently disabled by (A) any insurer pursuant to the terms of any insurance contract then in effect, (B) the Social Security Administration for purposes of Social Security disability payments or (C) by any tribunal or court. Upon request of the Board of Directors (or if there be only two members of the Board of Directors) by any member of the Board of Directors, Employee agrees to submit to successive medical examinations by such physicians as may be designated by the Board of Directors and shall consent to the disclosure of the results of such examinations and a prognosis relative to Employee's condition. Any and all such examinations shall be conducted at the expense of the Company.
By Company for Disability. Company may terminate this Agreement because
By Company for Disability. Company may terminate this Agreement because Employee is unable to perform, with or without accommodation, due to Disability. For purposes of this Agreement, “Disability” shall mean: Employee has been unable to perform his duties under terms of this Agreement due to physical or mental illness for at least 26 weeks after its commencement, and further, it is determined, by a physician selected by Company or its insurers and acceptable to Employee or Employee’s legal representative (agreement to such acceptability not to be unreasonably withheld) that such Disability is likely to be indeterminate or permanent, and total. Termination for Disability shall become effective after thirty (30) days’ written notice by the Company, provided however that Company shall have continued to pay Employee’s Base Salary during the period of Disability, pursuant to insurance or otherwise. In the event that Employee resumes the performance of substantially all of his or her duties under this Agreement before the termination of employment becomes effective, the notice of termination shall automatically be deemed to have been revoked.
