Common use of By Permanent Disability Clause in Contracts

By Permanent Disability. The Term of Employment shall terminate, without liability except as provided in this Section 8b, upon the "Permanent Disability" of Executive. "Permanent Disability" shall mean, with respect to Executive, (i) the suffering of any mental or physical illness, disability or incapacity to the extent that Executive shall be unable to perform his duties or (ii) the absence of Executive from his employment by reason of any mental or physical illness, disability or incapacity for a period of three months during any six-month period; provided, however, in either case, that such illness, disability or incapacity shall be determined to be of a permanent nature by a licensed physician selected by the Board of Directors. The termination date in the event of a clause (i) of the immediately preceding sentence, shall be the date of determination by the physician, and in the case of clause (ii) of the immediately preceding sentence, the last day of such three-month period. In the case of Permanent Disability, the Company shall promptly pay to Executive (or his representative) the sum of (A) the unpaid Base Salary to which he is entitled pursuant to Section 4(a) through the termination date and (B) the lump sum amount of any unpaid portion of the bonuses to be paid pursuant to Section 5, and all benefits under Executive's Disability Insurance Plan.

Appears in 3 contracts

Samples: Executive Employment Agreement (McGlen Internet Group Inc), Executive Employment Agreement (McGlen Internet Group Inc), Executive Employment Agreement (McGlen Internet Group Inc)

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By Permanent Disability. The Term of Employment shall terminate, without liability except as provided in this Section 8b7b, upon the "Permanent Disability" of Executive. "Permanent Disability" shall mean, with respect to Executive, (i) the suffering of any mental or physical illness, disability or incapacity to the extent that Executive shall be unable to perform his duties or (ii) the absence of Executive from his employment by reason of any mental or physical illness, disability or incapacity for a period of three months during any six-month period; provided, however, in either case, that such illness, disability or incapacity shall be determined to be of a permanent nature by a licensed physician selected by the Board of Directors. The termination date in the event of a clause (i) of the immediately preceding sentence, shall be the date of determination by the physician, and in the case of clause (ii) of the immediately preceding sentence, the last day of such three-month period. In the case of Permanent Disability, the Company shall promptly pay to Executive (or his representative) the sum of (A) the unpaid Base Salary to which he is entitled pursuant to Section 4(a) through the termination date and (B) the lump sum amount of any unpaid portion of the bonuses Bonuses, if any, to be paid pursuant to Section 5, and all benefits under Executive's Disability Insurance Plan.

Appears in 1 contract

Samples: Executive Employment Agreement (McGlen Internet Group Inc)

By Permanent Disability. The Term of Employment Period shall terminate, without liability except as provided in this Section 8b, terminate ----------------------- upon the "Permanent Disability" of Executive. "Permanent Disability" shall mean, with respect to Executive, (i) the suffering of any mental or physical illness, disability or incapacity to the extent that Executive shall be unable to perform his duties or (ii) the absence of Executive from his employment by reason of any mental or physical illness, disability or incapacity for a period of three four (4) months during any six-six (6) month period; provided, however, in either case, that such illness, disability or incapacity shall be determined to be of a permanent nature by a licensed physician selected by the Board of Directors. The termination date in the event of a clause (i) of the immediately preceding sentence, shall be the date of determination by the physician, and in the case of clause (ii) of the immediately preceding sentence, the last day of such three-three (3) month period. In the case of Permanent Disability, the Company shall promptly pay to Executive (or his representative) the sum of (A) the unpaid Annual Base Salary to which he is entitled pursuant to Section 4(a) through the termination date and (B) the lump sum amount of any earned but unpaid portion of the bonuses commissions or profit participation due to be paid Executive pursuant to Section 5, and all benefits under Executive's Disability Insurance Plan, if any.

Appears in 1 contract

Samples: Executive Consulting and Employment Agreement (American International Industries Inc)

By Permanent Disability. The Term of Employment Period shall terminate, without liability except as provided in this Section 8b, terminate upon the "Permanent Disability" of Executive. "Permanent Disability" shall mean, with respect to Executive, (i) the suffering of any mental or physical illness, disability or incapacity to the extent that Executive shall be unable to perform his duties or (ii) the absence of Executive from his employment by reason of any mental or physical illness, disability or incapacity for a period of three (3) months during any six-six (6) month period; provided, however, in either case, that such illness, disability or incapacity shall be determined to be of a permanent nature by a licensed physician selected by the Board of Directors. The termination date in the event of a clause (i) of the immediately preceding sentence, shall be the date of determination by the physician, and in the case of clause (ii) of the immediately preceding sentence, the last day of such three-three (3) month period. In the case of Permanent Disability, the Company shall promptly pay to Executive (or his representative) the sum of (A) the unpaid Annual Base Salary to which he is entitled pursuant to Section 4(a) through the termination date and (B) the lump sum amount of any earned but unpaid portion of the bonuses commissions or profit participation due to be paid Executive pursuant to Section 5, and all benefits under Executive's Disability Insurance Plan, if any.

Appears in 1 contract

Samples: Employment Agreement (American International Industries Inc)

By Permanent Disability. The Term of Employment shall terminate, without liability except as provided in this Section 8b9b, upon the "Permanent Disability" of Executive. "Permanent Disability" shall mean, with respect to Executive, (i) the suffering of any mental or physical illness, disability or incapacity to the extent that Executive shall be unable to perform his duties or (ii) the absence of Executive from his employment by reason of any mental or physical illness, disability or incapacity for a period of three months during any six-month period; provided, however, in either case, that such illness, disability or incapacity shall be determined to be of a permanent nature by a licensed physician selected by the Board of Directors. The termination date in the event of a clause (i) of the immediately preceding sentence, shall be the date of determination by the physician, and in the case of clause (ii) of the immediately preceding sentence, the last day of such three-month period. In the case of Permanent Disability, the Company shall promptly pay to Executive (or his representative) the sum of (A) the unpaid Base Salary to which he is entitled pursuant to Section 4(a5(a) through the termination date and (B) the lump sum amount of any unpaid portion of the bonuses to be paid pursuant to Section 56(b), and all benefits under Executive's Disability Insurance Plan.

Appears in 1 contract

Samples: Executive Employment Agreement (Recom Managed Systems Inc De/)

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By Permanent Disability. The Term of Employment Period shall terminate, without liability except as provided in this Section 8b6(c), upon the "Permanent Disability" of Executive. "Permanent Disability" shall mean, with respect to Executive, (i) the suffering of any mental or physical illness, disability or incapacity to the extent that Executive shall be unable to perform his duties or (ii) the absence of Executive from his employment by reason of any mental or physical illness, disability or incapacity for a period of three months during any six-month period; provided, however, in either case, that such illness, disability or incapacity shall be determined to be of a permanent nature by a licensed physician selected by the Board of Directors. The termination date in the event of a clause (i) of the immediately preceding sentence, shall be the date of determination by the physician, and in the case of clause (ii) of the immediately preceding sentence, the last day of such three-month period. In the case of Permanent Disability, the Company shall promptly pay to Executive (or his representative) the sum of (A) the unpaid Base Annual Salary to which he is entitled pursuant to Section 4(a) through the termination date and (B) the lump sum amount of any unpaid portion of the bonuses unissued stock or options to be paid issued to Executive pursuant to Section 5, and all benefits under Executive's Disability Insurance Plan, if any.

Appears in 1 contract

Samples: Executive Employment Agreement (McGlen Internet Group Inc)

By Permanent Disability. The Term of Employment shall terminate, without liability except as provided in this Section 8b7b, upon the "Permanent Disability" of Executive. "Permanent Disability" shall mean, with respect to Executive, (i) the suffering of any mental or physical illness, disability or incapacity to the extent that Executive shall be unable to perform his duties or (ii) the absence of Executive from his employment by reason of any mental or physical illness, disability or incapacity for a period of three months during any six-month period; provided, however, in either case, that such illness, disability or incapacity shall be determined to be of a permanent nature by a licensed physician selected by the Board of Directors. The termination date in the event of a clause (i) of the immediately preceding sentence, shall be the date of determination by the physician, and in the case of clause (ii) of the immediately preceding sentence, the last day of such three-month period. In the case of Permanent Disability, the Company shall promptly pay to Executive (or his representative) the sum of (A) the unpaid Base Salary to which he is entitled pursuant to Section 4(a) through the termination date and (B) the lump sum amount of any unpaid portion of the bonuses to be paid pursuant to Section 5, and all benefits under Executive's Disability Insurance Plan.

Appears in 1 contract

Samples: Executive Employment Agreement (McGlen Internet Group Inc)

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