Cause, Death or Disability Sample Clauses

Cause, Death or Disability. Upon termination of your employment under this Agreement due to Cause, death or disability, You shall be entitled only to payment of the Salary earned by You before the effective date of termination.
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Cause, Death or Disability. If the Company (or any parent or subsidiary or successor of the Company) terminates Executive’s employment with the Company other than for Cause, death or Disability (as defined in Section 9(f) below), then, subject to Section 8, Executive will be entitled to: (i) receive continuing payments of severance pay at a rate equal to Executive’s Base Salary, as then in effect, for six (6) months from the date of such termination, which will be paid in accordance with the Company’s regular payroll procedures; (ii) if Executive timely elects continuation coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”) for Executive and Executive’s dependents, within the time period prescribed pursuant to COBRA, the Company will reimburse Executive for the COBRA premiums for such coverage for Executive and Executive’s covered dependents for six (6) months from the date of Executive’s termination of employment or such earlier date if Executive no longer constitutes a “Qualified Beneficiary” (as such term is defined in Section 4980B(g) of the Code); and (iii) accelerated vesting as to 100% of Executive’s outstanding unvested stock options pursuant to the Option Plan.”
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Cause, Death or Disability. If your employment is terminated by the Company for “Cause” (as defined below, this Agreement shall terminate without further obligations to you other than for the timely payment of your annualized base salary through the date of termination to the extent not theretofore paid. The Company shall be deemed to have terminated your employment for “Cause” in the event that you have engaged in or committed (i) willful misconduct, gross negligence, theft or fraud; (ii) any willful act that is reasonably likely to, or which does in fact, have the effect of materially injuring the reputation, business or a business relationship of the Company; or (iii) breach of any material term of this Agreement. In the event the Company determines that Cause for termination exists based on any of the foregoing grounds, you shall be given thirty (30) days to cure such ground for Cause, if it is curable. After the expiration of any such cure period, the Company shall make a determination as to whether you have cured such ground for termination for Cause. If it is subsequently determined that the Company did not have Cause for termination under this Section 11(a), then the Company’s decision to terminate shall be deemed instead to have been a determination that your services are no longer needed or desired under Section 11(c) and the amounts payable thereunder shall be the only amounts you may receive. In the event that your employment is terminated due to your death or disability, this Agreement shall terminate without further obligations to you other than for the timely payment to you or, in the event of your death, to your personal representatives (1) of your annualized base salary through the date of termination to the extent not theretofore paid, (2) a pro rata bonus (based on the number of days elapsed) for the calendar year during which your death or disability occurs, and (3) the Options, to the extent outstanding and not previously vested at the time of such termination, shall thereupon vest in full and shall, subject to earlier termination pursuant to Section 4.2 and/or other provisions of the Plan, continue to be exercisable for a period of one year after such termination.
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Cause, Death or Disability. (a) In the event that Executive's employment is terminated (i) by the Company for Cause;
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Cause, Death or Disability. In the event that Executive's employment is terminated (i) by the Company for Cause; (ii) by Executive other than for Good Reason or (iii) as a result of the Executive's Permanent Disability or death, prior to the Termination Date, Executive shall only be entitled Commission File No. 0-6544 to receive the amounts already earned and accrued, including Base Salary through the date of termination and any earned but unpaid bonus of Executive with respect to the year preceding her termination, based on Executive's employment with the Company prior to such termination. Executive shall not be entitled, among other things, to the payment of any Bonus in respect of all or any portion of the fiscal year in which such termination occurs. After the termination of Executive's employment under this Section 6.2 and payment of all amounts due to Executive under the terms of this Agreement in the event of the termination of Executive's employment under this Section 6.2, the obligations of the Company under this Agreement to make any further payments, or provide any benefits specified herein (other than benefits required to be provided by applicable law or under the terms of any employee benefit of the Company in which the Executive was a participant) to Executive shall thereupon cease and terminate. Termination of Executive pursuant to this Section 6.2 shall be made by delivery to Executive of a notice from the CEO setting forth in reasonable detail the reasons for such termination.
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Cause, Death or Disability. If the Employee's employment is terminated during the Employment Period by the Employer for Cause or as a result of the Employee's death or Disability, the Employer shall pay to the Employee or the Employee's estate or legal representative in the event of his death any unpaid Base Salary accrued up to the date of such termination. The Employer shall have no additional obligations under this Agreement.
Sample 1
Cause, Death or Disability. If your employment is terminated by the Company for “Cause” (as defined below), or in the event that your employment is terminated due to your death or disability, this Agreement shall terminate without further obligations to you other than for the timely payment of your annualized base salary through the date of termination to the extent not theretofore paid. The Company shall be deemed to have terminated your employment for “Cause” in the event that you have engaged in or committed (i) willful misconduct, gross negligence, theft or fraud; (ii) any willful act that is reasonably likely to, or which does in fact, have the effect of materially injuring the reputation, business or a business relationship of the Company; or (iii) breach of any material term of this Agreement. For purposes of this Agreement, “disability” shall mean either (I) a physical or mental impairment which substantially limits one or more of your major life activities and which renders you unable to perform the essential functions of your position, even with reasonable accommodation which does not impose an undue hardship on the Company for an aggregate of ninety (90) days in any twelve-month period or (II) you become eligible to receive benefits under any long term disability insurance provided by the Company. The determination of disability under subsection (I) of the preceding sentence shall be based upon information supplied by you and/or your medical personnel, as well as information from medical personnel (or others) selected by the Company or its insurers. In the event your health care provider and the Company do not agree as to whether you have a disability, you and the Company shall appoint a third-party qualified physician who shall evaluate you and provide a determination of whether you have a disability.
Sample 1
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Related to Cause, Death or Disability

  • By Death or Disability Executive’s employment and this Agreement shall terminate upon Executive’s Disability or death. For purposes of this Agreement, “Disability” shall mean Executive's inability, due to physical or mental incapacity, to perform the essential functions of Executive's job, with or without reasonable accommodation, for one hundred eighty (180) days out of any three hundred sixty-five (365) day period; provided however, in the event that the Company temporarily replaces the Executive, or transfers the Executive's duties or responsibilities to another individual on account of the Executive's inability to perform such duties due to a mental or physical incapacity which is, or is reasonably expected to become, a Disability, then the Executive's employment shall not be deemed terminated by the Company. Any question as to the existence of the Executive's Disability as to which the Executive and the Company cannot agree shall be determined in writing by a qualified independent physician mutually acceptable to the Executive and the Company. If the Executive and the Company cannot agree as to a qualified independent physician, each shall appoint such a physician and those two physicians shall select a third who shall make such determination in writing. The determination of Disability made in writing to the Company and the Executive shall be final and conclusive for all purposes of this Agreement. The Company shall give Executive written notice of termination for Disability and the termination shall be effective as of the date specified in such notice.

  • Death or Disability The Executive's employment shall terminate automatically upon the Executive's death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executive's employment. In such event, the Executive's employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties. For purposes of this Agreement, "Disability" shall mean the absence of the Executive from the Executive's duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executive's legal representative.

  • Retirement, Death or Disability If the Executive’s employment terminates during the Term of this Agreement due to his death, a disability that results in his collection of any long-term disability benefits, or retirement at or after age 62, the Executive (or the beneficiaries of his estate) shall be entitled to receive the compensation and benefits that the Executive would otherwise have become entitled to receive pursuant to subsection (d) hereof upon a resignation without Good Reason.

  • Termination for Death or Disability If the Employee's employment is terminated by death or because of disability pursuant to Section 4.3, the Company shall pay to the estate of the Employee or to the Employee, as the case may be, all sums which would otherwise be payable to the Employee under Section 3 up to the end of the month in which the termination of his employment because of death or disability occurs.

  • Termination of Employment Due to Death or Disability 4.1. In the event of your termination of employment due to death or permanent disability (within the meaning of Section 22(e)(3) of the Internal Revenue Code of 1986 (the “Code”)) during the Initial Term or the Additional Term, on the date of such termination each outstanding and unvested equity award held by you that, pursuant to its terms, vests solely based upon providing continued service to Skyworks, including, without limitation, stock options, restricted stock awards (including restricted stock unit awards), and performance-based equity awards that are earned but unissued, shall automatically become vested, exercisable, and issuable, and any forfeiture restrictions thereon shall immediately lapse, as applicable, in each case, with respect to one-hundred percent (100%) of that number of then-unvested shares underlying such equity award.

  • Termination Because of Death or Disability If Participant is Terminated because of death or Disability of Participant, the Option, to the extent that it is exercisable by Participant on the date of Termination, may be exercised by Participant (or Participant's legal representative) no later than twelve (12) months after the date of Termination, but in any event no later than the Expiration Date.

  • Upon Death or Disability If the Executive dies, all provisions of Section 3 of this Agreement (other than rights or benefits arising as a result of such death) and the Employment Term shall be automatically terminated; provided, however, that an amount equal to the earned and unpaid Incentive Payments to the date of death and the Standard Termination Payments shall be paid, as described above, to the Executive’s surviving spouse or, if none, the Executive’s estate (as set forth above), and the death benefits under the Company’s employee benefit plans shall be paid to the Executive’s beneficiary or beneficiaries as properly designated in writing by the Executive, in accordance with the Company’s applicable employee benefit plans. If the Executive is unable to perform the essential functions of the Executive’s job under this Agreement, with or without reasonable accommodation, by reason of physical or mental disability or incapacity (“Disability”) and such disability or incapacity shall have continued for any period aggregating six (6) months within any twelve (12) consecutive months, the Company may terminate the Executive’s employment, this Agreement and the Employment Term at any time thereafter. In such event, the Executive shall be entitled to receive the Executive’s normal compensation hereunder during said time of disability or incapacity, and shall thereafter be entitled to receive the “Disability Incentive Payment” (as described in the penultimate sentence of this subsection (b)), payable no later than two and a half (2 1/2) months after the Company terminates the Executive’s employment, and the earned and unpaid Incentive Payments to the date of termination of the Executive’s employment and the Standard Termination Payments, payable as described above. The portion of the payment representing the Disability Incentive Payment shall be paid in a lump sum determined on a net present value basis, using a reasonable discount rate determined by the Board. The Disability Incentive Payment shall be equal to the target Incentive Payment that the Executive would have been eligible to receive for the year in which the Employment Term is terminated multiplied by a fraction, the numerator of which is the number of days in such year before and including the day of termination of the Employment Term and the denominator of which is the total number of days in such year.

  • Termination by Death or Disability In the event of the Executive’s death or total disability (as defined in Section 22(e)(3) of the Internal Revenue Code of 1986, as amended) during the Term, the Term and Executive’s employment shall terminate on the date of death or total disability. In the event of such termination, the Company’s sole obligations hereunder to the Executive (or the Executive’s estate) shall be for unpaid Base Salary, accrued but unpaid bonus and benefits (then owed or accrued and owed in the future), a pro-rata bonus for the year of termination based on the Executive’s target bonus for such year and the portion of such year in which the Executive was employed, and reimbursement of expenses pursuant to the terms hereon through the effective date of termination, each of which shall be paid within 10 days following the date of the Executive’s termination, and any unvested portion of any Equity Grants shall immediately be forfeited as of the termination date without any further action of the Parties.

  • Good Reason; Other Than for Cause, Death or Disability If, during the Employment Period, the Company shall terminate the Executive's employment other than for Cause or Disability or the Executive shall terminate employment for Good Reason:

  • Executive’s Death or Disability The Executive’s employment shall terminate immediately upon his death or, upon written notice as set forth below, his Disability. As used in this Agreement, Disability shall mean such physical or mental impairment as would render the Executive eligible to receive benefits under the long-term disability insurance policy or plan then made available by the Company Group to the Executive. If the Employment Period is terminated by reason of the Executive’s Disability, either party shall give thirty (30) days’ advance written notice to that effect to the other.

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