Death and Permanent Disability. Upon Employee’s death or permanent disability during the Employment Period, the employment relationship created pursuant to this Agreement will immediately terminate and amounts will only be payable under this Agreement as specified in this Section 9. Should Employee’s employment with the Company terminate by reason of Employee’s death or permanent disability during the Employment Period, only the unpaid base salary earned by Employee pursuant to Section 5A for services rendered through the date of Employee’s death or permanent disability, as applicable, the accrued but unpaid PTO earned under Section 7C through the date of Employee’s death or permanent disability, and the limited death, disability, and/or income continuation benefits provided under Section 7B, if any, will be payable in accordance with the terms of the plans pursuant to which such limited death or disability benefits are provided. No portion of the performance bonus for which the Employee would otherwise have been eligible to receive for such Employment Period shall be paid. For purposes of this Agreement, Employee will be deemed “permanently disabled” if Employee is so characterized pursuant to the terms of the Company’s disability policies or programs applicable to Employee from time to time, or if no such policy is applicable, if Employee is unable to perform the essential functions of Employee’s duties for physical or mental reasons for thirty (30) consecutive days.
Appears in 1 contract
Death and Permanent Disability. Upon Employee’s death or permanent disability during the Employment Period, the employment relationship created pursuant to this Agreement will immediately terminate and amounts will only be payable under this Agreement as specified in this Section 9terminate. Should Employee’s employment with the Company terminate by reason of Employee’s death or permanent disability during the Employment Period, only the unpaid base salary earned by Employee pursuant to Section 5A 5.A for services rendered through the date of Employee’s death or permanent disability, as applicable, the accrued but unpaid PTO earned under Section 7C 6.C through the date of Employee’s death or permanent disability, and the limited death, disability, and/or income continuation benefits provided under Section 7B6.B, if any, will be payable in accordance with the terms of the plans pursuant to which such limited death or disability benefits are provided. No portion of the performance bonus for which the Employee would otherwise have been eligible to receive for such Employment Period shall be paid. For purposes of this Agreement, Employee will be deemed “permanently disabled” if Employee is so characterized pursuant to the terms of the Company’s disability policies or programs applicable to Employee from time to time, or if no such policy is applicable, if Employee is unable to perform the essential functions of Employee’s duties for physical or mental reasons for thirty (30) consecutive days.
Appears in 1 contract
Death and Permanent Disability. Upon Employee’s death or permanent disability during the Employment Period, the employment relationship created pursuant to this Agreement will immediately terminate and amounts will only be payable under this Agreement as specified in this Section 9terminate. Should Employee’s employment with the Company terminate by reason of Employee’s death or permanent disability during the Employment Period, only the unpaid base salary earned by Employee pursuant to Section 5A 5.B for services rendered through the date of Employee’s death or permanent disability, as applicable, the accrued but unpaid PTO earned under Section 7C 6.C through the date of Employee’s death or permanent disability, and the limited death, disability, and/or income continuation benefits provided under Section 7B6.B, if any, will be payable in accordance with the terms of the plans pursuant to which such limited death or disability benefits are provided. No portion of the performance bonus Additionally, any amount then due under Section 5.A and any amount which may have then been approved for which the Employee would otherwise have been eligible to receive for such Employment Period payment under Section 5.C shall be paidpaid upon such termination of employment. For purposes of this Agreement, Employee will be deemed “permanently disabled” if Employee is so characterized pursuant to the terms of the Company’s disability policies or programs applicable to Employee from time to time, or if no such policy is applicable, if Employee is unable to perform the essential functions of Employee’s duties for physical or mental reasons for thirty (30) consecutive days.
Appears in 1 contract
Death and Permanent Disability. Upon Employee’s death or permanent disability during the Employment Period, the employment relationship created pursuant to this Agreement will immediately terminate terminate, the Term will end and amounts will only be payable under this Agreement as specified in this Section 9. Should Employee’s 's employment with the Company terminate by reason of Employee’s 's death or permanent disability during the Employment Period, only the unpaid base salary earned by Employee pursuant to Section 5A for services rendered through the date of Employee’s 's death or permanent disability, as applicable, the accrued but unused and unpaid PTO earned under Section 7C through the date of Employee’s death or permanent disability, and the limited death, disability, and/or income continuation benefits provided under Section 7B, if any, will be payable in accordance with the terms of the plans pursuant to which such limited death or disability benefits are provided. No portion of the performance bonus for the fiscal quarter in which the Employee would otherwise have been eligible to receive for such Employment Period Employee’s death or permanent disability occurs shall be paid. For purposes of this Agreement, Employee will be deemed “permanently disabled” if Employee is so characterized pursuant to the terms of the Company’s 's disability policies or programs applicable to Employee from time to time, or if no such policy is applicable, if the Compensation Committee determines, in its sole discretion, that Employee is unable to perform the essential functions of Employee’s 's duties for physical or mental reasons for thirty (30) consecutive days.
Appears in 1 contract