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Common use of Death and Disability Clause in Contracts

Death and Disability. Executive’s employment hereunder will terminate immediately upon Executive’s death or Disability (as defined below). For purposes of this Agreement, “Disability” means that Executive, by reason of physical or mental incapacity, is unable, with or without reasonable accommodation, to substantially perform his duties and responsibilities under this Agreement for 120 calendar days (consecutive or non-consecutive) in any consecutive twelve (12) month period.

Appears in 4 contracts

Samples: Employment Agreement (Silver Star Properties Reit, Inc), Employment Agreement (Silver Star Properties Reit, Inc), Employment Agreement (Silver Star Properties Reit, Inc)

Death and Disability. Executive’s 's employment hereunder will shall terminate immediately automatically upon the Executive’s 's death or Disability (as defined below)and may be terminated by the Company following the Executive's Disability. For purposes of this Agreement, "Disability” means that Executive, by reason of " shall mean any physical or mental ailment or incapacity, is unableas determined by a licensed physician mutually agreed to by the Company and the Executive, with or without reasonable accommodation, to substantially perform which (i) prevents the Executive from performing his duties and responsibilities under this Agreement hereunder for 120 60 consecutive calendar days (consecutive or non-consecutive) longer, or for 90 total calendar days in any consecutive twelve 12-month period and (12ii) month periodwhich is expected to be permanent.

Appears in 3 contracts

Samples: Employment Agreement (Worldspan BBN Holdings LLC), Employment Agreement (Worldspan BBN Holdings LLC), Employment Agreement (Worldspan BBN Holdings LLC)

Death and Disability. Executive’s employment hereunder will terminate immediately upon Executive’s death or Disability (as defined below). For purposes of this Agreement, “Disability” means that Executive, by reason of physical or mental incapacity, is unable, with or without reasonable accommodation, to substantially perform his duties and responsibilities under this Agreement shall terminate automatically upon her death. The Company may terminate Executive’s employment under this Agreement if Executive is unable to perform substantially all of the duties required hereunder due to illness or incapacity for 120 calendar a period of at least ninety (90) days (consecutive whether or non-not consecutive) in any period of three hundred and sixty five (365) consecutive twelve (12) month perioddays.

Appears in 2 contracts

Samples: Employment Agreement (Capri Holdings LTD), Employment Agreement (Michael Kors Holdings LTD)

Death and Disability. Executive’s employment hereunder will terminate immediately upon Executive’s death or Disability (as defined below). For purposes of this Agreement, “Disability” means that Executive, by reason of physical or mental incapacity, is unable, with or without reasonable accommodation, to substantially perform his duties and responsibilities under this Agreement shall terminate automatically upon his death. The Company may terminate Executive’s employment under this Agreement if Executive is unable to perform substantially all of the duties required hereunder due to illness or incapacity for 120 calendar a period of at least 90 days (consecutive whether or non-not consecutive) in any period of 365 consecutive twelve (12) month perioddays.

Appears in 2 contracts

Samples: Employment Agreement (Michael Kors Holdings LTD), Employment Agreement (Michael Kors Holdings LTD)

Death and Disability. Executive’s employment hereunder will under this Agreement shall terminate immediately automatically upon Executive’s death or Disability (as defined below)death. For purposes of Additionally, the Company may terminate Executive’s employment under this Agreement, “Disability” means that in compliance with all state and federal workers’ compensation, disability, and family and medical leave laws, if Executive is absent from work or is unable to discharge the essential functions of Executive, by reason of physical or mental incapacity, is unable’s position, with or without reasonable accommodation, due to substantially perform his duties and responsibilities under this Agreement legal, physical or mental incapacity for 120 calendar a period of at least sixty (60) days (consecutive whether or non-not consecutive) in any three hundred and sixty-five (365) consecutive twelve day period (12) month perioda “Disability”).

Appears in 2 contracts

Samples: Employment Agreement (Berry Petroleum Co), Employment Agreement (Berry Petroleum Co)

Death and Disability. Executive’s employment hereunder will terminate immediately upon Executive’s death or Disability (as defined below). For purposes of this Agreement, “Disability” means that Executive, by reason of physical or mental incapacity, is unable, with or without reasonable accommodation, to substantially perform his duties and responsibilities under this Agreement shall terminate automatically upon his death. The Company may terminate Executive’s employment under this Agreement if Executive is unable to perform substantially all of the duties required hereunder due to illness or incapacity for 120 calendar a period of at least ninety (90) days (consecutive whether or non-not consecutive) in any period of three hundred and sixty five (365) consecutive twelve (12) month perioddays.

Appears in 2 contracts

Samples: Employment Agreement (Capri Holdings LTD), Employment Agreement (Michael Kors Holdings LTD)

Death and Disability. Executive’s employment hereunder will terminate immediately upon Executive’s death or Disability (as defined below). For purposes of this Agreement, “Disability” means that Executive, by reason of physical or mental incapacity, is unable, with or without reasonable accommodation, to substantially perform his duties and responsibilities under this Agreement shall terminate automatically upon her death. The Company may terminate Executive’s employment under this Agreement if Executive is unable to perform substantially all of the duties required by her hereunder due to illness or incapacity for 120 calendar a period of at least ninety (90) days (consecutive whether or non-not consecutive) in any period of three hundred and sixty five (365) consecutive twelve (12) month perioddays.

Appears in 2 contracts

Samples: Employment Agreement (Capri Holdings LTD), Employment Agreement (Michael Kors Holdings LTD)

Death and Disability. Executive’s employment hereunder will shall terminate immediately automatically upon the Executive’s death or Disability (as defined below)and may be terminated by the Company following the Executive’s Disability. For purposes of this Agreement, “Disability” means that Executive, by reason of shall mean any physical or mental ailment or incapacity, is unableas determined by a licensed physician mutually agreed to by the Company and the Executive, with or without reasonable accommodation, to substantially perform which (i) prevents the Executive from performing his duties and responsibilities under this Agreement hereunder for 120 60 consecutive calendar days (consecutive or non-consecutive) longer, or for 90 total calendar days in any consecutive twelve 12-month period and (12ii) month periodwhich is expected to be permanent.

Appears in 2 contracts

Samples: Employment Agreement (Ws Financing Corp), Employment Agreement (Ws Financing Corp)

Death and Disability. The Executive’s employment hereunder under this Agreement will terminate immediately upon the Executive’s death or Disability (as defined below)death. In addition, Rxxx’x may terminate the Executive’s employment with Rxxx’x by written notice to the Executive due to Disability. For purposes of this Agreement, “Disability” means that Executive, by reason of physical or mental incapacity, is the Executive has been unable, with or without reasonable accommodationaccommodation and due to physical or mental incapacity, to substantially perform the essential functions of his duties and responsibilities under this Agreement for 120 calendar days (60 days, whether consecutive or non-consecutive) in , within any consecutive twelve (12) month periodcalendar year.

Appears in 2 contracts

Samples: Executive Employment Agreement (Reed's, Inc.), Executive Employment Agreement (Reed's, Inc.)

Death and Disability. Executive’s 's employment hereunder will terminate immediately upon Executive’s death or Disability (as defined below). For purposes of this Agreement, “Disability” means that Executive, by reason of physical or mental incapacity, is unable, with or without reasonable accommodation, to substantially perform his duties and responsibilities under this Agreement shall terminate automatically upon his death. The Company may terminate Executive's employment under this Agreement if Executive is absent from work due to illness or incapacity for 120 calendar a period of at least 180 days (consecutive whether or non-not consecutive) in any period of 365 consecutive twelve (12) month perioddays.

Appears in 2 contracts

Samples: Employment Agreement (Novel Denim Holdings LTD), Employment Agreement (Novel Denim Holdings LTD)

Death and Disability. Executive’s employment hereunder will terminate immediately upon Executive’s death or Disability (as defined below). For purposes of this Agreement, “Disability” means that Executive, by reason of physical or mental incapacity, is unable, with or without reasonable accommodation, to substantially perform his duties and responsibilities under this Agreement shall terminate automatically upon his death. The Company may terminate Executive’s employment under this Agreement if Executive is unable to perform substantially all of the duties required hereunder due to illness or incapacity for 120 calendar a period of at least ninety (90) consecutive days or for a period aggregating six (consecutive 6) months (whether or non-not consecutive) in any period of three hundred and sixty five (365) consecutive twelve (12) month perioddays.

Appears in 1 contract

Samples: Employment Agreement (Capri Holdings LTD)

Death and Disability. The Executive’s employment hereunder under this Agreement will terminate immediately upon the Executive’s death or Disability (as defined below)death. In addition, Rxxx’x may terminate the Executive’s employment with Rxxx’x by written notice to the Executive due to Disability. For purposes of this Agreement, “Disability” means that Executive, by reason of physical or mental incapacity, is the Executive has been unable, with or without reasonable accommodationaccommodation and due to physical or mental incapacity, to substantially perform the essential functions of his duties and responsibilities under this Agreement for 120 calendar days one hundred twenty (120) days, whether consecutive or non-consecutive) in , within any consecutive twelve (12) month periodcalendar year.

Appears in 1 contract

Samples: Employment Agreement (Reed's, Inc.)

Death and Disability. Executive’s 's employment hereunder will terminate immediately upon Executive’s death or Disability (as defined below). For purposes of this Agreement, “Disability” means that Executive, by reason of physical or mental incapacity, is unable, with or without reasonable accommodation, to substantially perform his duties and responsibilities under this Agreement shall terminate automatically upon her death. The Company may terminate Executive's employment under this Agreement if Executive is absent from work due to illness or incapacity for 120 calendar a period of at least 180 days (consecutive whether or non-not consecutive) in any period of 365 consecutive twelve (12) month perioddays.

Appears in 1 contract

Samples: Employment Agreement (Novel Denim Holdings LTD)

Death and Disability. Executive’s 's employment hereunder will under this Agreement shall terminate immediately automatically upon Executive’s death or Disability (as defined below)'s death. For purposes of Additionally, the Company may terminate Executive's employment under this Agreement, “Disability” means that in compliance with all state and federal workers' compensation, disability, and family and medical leave laws, if Executive is absent from work or is unable to discharge the essential functions of Executive, by reason of physical or mental incapacity, is unable's position, with or without reasonable accommodation, due to substantially perform his duties and responsibilities under this Agreement legal, physical or mental incapacity for 120 calendar a period of at least sixty (60) days (consecutive whether or non-not consecutive) in any three hundred and sixty-five (365) consecutive twelve day period (12) month perioda "Disability").

Appears in 1 contract

Samples: Employment Agreement (Berry Petroleum Co)

Death and Disability. In the event of the Executive’s employment hereunder will death, this Employment Agreement shall terminate immediately upon Executive’s death or Disability (immediately. If the Executive shall, as defined below). For purposes a result of this Agreement, “Disability” means that Executive, by reason of any physical or mental incapacityillness or disability, is unablebe unable for a period of more than any three (3) consecutive months or for periods aggregating more than 120 days during any 360-day period to perform the services provided for herein, with or without reasonable accommodationaccommodation as that term is defined under applicable law, the Company may terminate the Executive’s employment. The Company shall determine in good faith and in its sole and reasonable discretion whether the Executive is unable to substantially perform his duties and responsibilities under this Agreement the services provided for 120 calendar days (consecutive or non-consecutive) in any consecutive twelve (12) month periodherein.

Appears in 1 contract

Samples: Employment Agreement (Fortissimo Acquisition Corp.)

Death and Disability. Executive’s 's employment hereunder will terminate immediately upon Executive’s death or Disability (as defined below). For purposes of this Agreement, “Disability” means that Executive, by reason of physical or mental incapacity, is unable, with or without reasonable accommodation, to substantially perform his duties and responsibilities under this Agreement shall terminate automatically upon his death. The Company may terminate Executive's employment under this Agreement if Executive is absent from work due to illness or incapacity for 120 calendar a period of at least 90 days (consecutive whether or non-not consecutive) in any period of 365 consecutive twelve (12) month perioddays.

Appears in 1 contract

Samples: Employment Agreement (Novel Denim Holdings LTD)

Death and Disability. Executive’s 's employment hereunder will terminate immediately upon Executive’s 's death or Disability (as defined below). For purposes of this Agreement, “Disability” means that Executive, by reason of physical or mental incapacity, is unable, with or without reasonable accommodation, to substantially perform his her duties and responsibilities under this Agreement for 120 calendar days (consecutive or non-consecutive) in any consecutive twelve (12) month period.

Appears in 1 contract

Samples: Employment Agreement (Silver Star Properties Reit, Inc)

Death and Disability. Executive’s 's employment hereunder will terminate immediately upon Executive’s 's death or Disability (as defined below). For purposes of this Agreement, “Disability” means that Executive, by reason of physical or mental incapacity, is unable, with or without reasonable accommodation, to substantially perform his duties and responsibilities under this Agreement for 120 calendar days (consecutive or non-consecutive) in any consecutive twelve (12) month period.

Appears in 1 contract

Samples: Employment Agreement (Silver Star Properties Reit, Inc)