Compensation Upon Termination Death or During Disability. (a) During any period that Executive fails to perform Executive's duties hereunder as a result of his incapacity due to physical or mental illness included in the definition of Disability, Executive shall continue to receive all Base Salary and other compensation and benefits to which Executive is otherwise entitled under this Agreement and any Plan through Executive's Date of Termination, including without limitation any unpaid balance of his Deferred Employment Bonus under Section 3.7.
Compensation Upon Termination Death or During Disability. 4.8.1 If the Executive shall become disabled or incapacitated to the extent that he is unable to perform his duties hereunder, by reason of medically determinable physical or mental impairment, as determined by a doctor mutually acceptable to the Company and the Executive and retained by the Company, Executive shall nevertheless continue to receive the compensation and benefits provided under the terms of this Agreement as follows: 100% of such compensation and benefits for a period of six months, but not beyond the Date of Termination, and 65% thereafter until the Date of Termination. Such benefits noted herein shall be reduced by any benefits otherwise provided to the Executive during such period under the provisions of disability insurance coverage in effect for the Company's employees. Thereafter, Executive shall be eligible to receive benefits provided by the Company under the provisions of disability insurance coverage in effect for the Company's employees. Upon returning to active full-time employment, the Executive's full compensation as set forth in this Agreement shall be reinstated as of the date of commencement of such activities. In the event that the Executive returns to active employment on other than a full-time basis, then his compensation (as set forth in Section 3 of this Agreement) shall be reduced in proportion to the time spent in said employment, or as shall otherwise be agreed to by the parties.
Compensation Upon Termination Death or During Disability. (a) During any period that the Executive fails to perform his duties hereunder as a result of incapacity due to physical or mental illness ("disability period"). the Executive shall continue to receive his full salary at the rate then in effect for such period (and shall not be eligible for payments under the disability plans, programs and policies maintained by the Company or in connection with employment by the Company ("Disability Plans")) until his employment is terminated pursuant to Section 7(b) hereof, and upon such termination, the Executive shall, within ten (10) days of such termination, be entitled to all amounts to which the Executive is entitled pursuant to short-term Disability Plans. The Executive's rights under any long-term Disability Plan shall be determined in accordance with the provisions of such plan.
Compensation Upon Termination Death or During Disability. (a) The following payments will be made upon the Executive’s termination of employment for any reason: (i) earned but unpaid Base Salary through the Date of Termination; (ii) any annual incentive plan bonus, or other form of incentive compensation, for which the performance measurement period has ended, but which is unpaid at the time of termination; (iii) any accrued but unpaid vacation; (iv) the pro rata portion of the Executive’s bonus owed pursuant to Section 5(b), if any; (v) unreimbursed business expenses owed pursuant to Section 5(c); and (vi) any amounts payable under any of the Company’s Benefit Plans in accordance with the terms of those plans. All amounts under clauses (i), (ii), (iii) and (v) shall be paid in a lump sum within 30 days of the Executive’s Date of Termination; all amounts under clause (iv) shall be paid in a lump sum as provided in Section 5(b).
Compensation Upon Termination Death or During Disability. Upon the Executive’s employment termination, the Executive will be entitled to payments and benefits under only one of the following paragraphs. The obligations of the Company to make payments and provide benefits under this Section 7 shall survive the termination of this Agreement. The Executive shall not be required to mitigate the amount of any payment provided for in this Section 7 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this Section 7 be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or otherwise.
Compensation Upon Termination Death or During Disability. (a) If the Executive's employment shall be terminated by reason of his death, the Company shall pay to such person as the Executive shall designate in a notice filed with the Company, or, if no such person shall be designated, to the Executive's estate as a lump sum death benefit, an amount equal to the sum of (i) the annualized average of the Base Salary paid to Executive for the five calendar years immediately preceding Executive's death plus (ii) the annualized average of the Incentive Awards paid to the Executive for the five calendar years immediately preceding the Executive's death pursuant to subsection 5(b) hereof. Such amount shall be exclusive of and in addition to any payments the Executive's widow, beneficiaries or estate may be entitled to receive pursuant to any pension or employee benefit plan or life insurance policy or other compensation provided for herein or presently maintained by the Company.
Compensation Upon Termination Death or During Disability. (a) During any period that Executive fails to perform Executive’s duties hereunder as a result of incapacity due to physical or mental illness, Executive shall not continue to receive Base Salary, but would be eligible to utilize any accrued PTO and could be eligible for the long-term disability plan. However, Executive shall continue to receive any other compensation and benefits to which Executive would otherwise be entitled under this Agreement and any Plan until Executive’s Date of Termination.
Compensation Upon Termination Death or During Disability. (a) If Executive’s employment under this Agreement is terminated on account of Disability or death, the Company shall, within ten (10) calendar days following the Date of Termination, pay any amounts due to Executive for Base Salary through the Date of Termination, together with any other unpaid and pro rata amounts to which Executive is entitled as of the Date of Termination pursuant to Article III hereof, including, without limitation, amounts which Executive is entitled under any Plan in accordance with the terms of such Plan, and further, including, without limitation, a pro rata portion (prorated through the Date of Termination) of any annual or long-term bonus or incentive payments (for performance periods in effect at the Date of Termination) to which Executive would have been entitled had Executive remained continuously employed through the end of such performance periods and continued to perform Executive’s duties in the same manner as performed immediately prior to the Executive’s death or disability.
Compensation Upon Termination Death or During Disability. (a) During any period that Executive fails to perform Executive's duties hereunder as a result of incapacity due to physical or mental illness, Executive shall continue to receive all Base Salary and other compensation and benefits to which Executive is otherwise entitled under this Agreement and any Plan until Executive's Date of Termination.
Compensation Upon Termination Death or During Disability. (a) During any period that the Executive fails to perform his duties hereunder as a result of incapacity due to physical or mental illness, the Executive shall continue to receive his full base salary and other benefits at the rate then in effect for such period (offset by any payments to the Executive received pursuant to disability benefit plans maintained by the Company) until his employment is terminated pursuant to Sec- tion 6(b) hereof, and upon such termination, the Company shall pay all other unpaid amounts, if any, to which the Executive is entitled as of such Date of Termination, including any expenses owed pursuant to Section 5(c) (which amounts shall be paid in a lump sum within 10 days of such Date of Termination) and amounts under any compensation plan or program of the Company, at the time, if any, such payments are payable to the Executive under the terms of such plan in light of the circumstances in which such termination occurred, and the Company shall, there-after, have no further obligations to the Executive under this Agreement.
