Death or Permanent Disability If Grantee shall die or become permanently disabled while employed by the Company or one of its affiliates, this Option shall expire one (1) year after the date of such death or permanent disability. During such period after death, Grantee's legal representative or representatives, or the person or persons entitled to do so under Grantee's last will and testament or under applicable interstate laws, shall have the right to exercise this Option as to only the number of shares to which Grantee was entitled to purchase on the date of his/her death.
Incapacity If a Limited Partner is subject to Incapacity, the executor, administrator, trustee, committee, guardian, conservator or receiver of such Limited Partner’s estate shall have all the rights of a Limited Partner, but not more rights than those enjoyed by other Limited Partners, for the purpose of settling or managing the estate, and such power as the Incapacitated Limited Partner possessed to Transfer all or any part of its interest in the Partnership. The Incapacity of a Limited Partner, in and of itself, shall not dissolve or terminate the Partnership.
Termination Upon Death or Permanent Disability This Agreement shall be automatically terminated on the death of Executive or on the permanent disability of Executive if Executive is no longer able to perform in all material respects the usual and customary duties of Executive’s employment hereunder. For purposes hereof, any condition which in reasonable likelihood is expected to impair Executive’s ability to materially perform Executive’s duties hereunder for a period of three months or more shall be considered to be permanent.
Permanent Layoff The calculation in determining the six (6) month duration of eligibility for an Employer contribution begins on the date the employee is permanently laid off or accepts an appointment in lieu of layoff without a break in service with a lesser employer- paid insurance contribution than the employee was receiving in the appointment from which the layoff occurred and is no longer actively employed in the appointment from which the layoff occurred.
Permanent Status An employee will attain permanent status in a job classification upon their successful completion of a probationary, trial service or transition review period.
Permanent Disability Permanent Disability" shall mean Employee's physical or mental incapacity to perform his or her usual duties with such condition likely to remain continuously and permanently as determined by Employer.
Death or Total Disability In the event of the death of the Executive during the Term, this Agreement shall terminate as of the date of the Executive's death. In the event of the Total Disability (as that term is defined below) of the Executive for sixty (60) days in the aggregate during any consecutive nine (9) month period during the Term, the Company shall have the right to terminate this Agreement by giving the Executive thirty (30) days' prior written notice thereof, and upon the expiration of such thirty (30) day period, the Executive's employment under this Agreement shall terminate. If the Executive shall resume his duties within thirty (30) days after receipt of such a notice of termination and continue to perform such duties for four (4) consecutive weeks thereafter, this Agreement shall continue in full force and effect, without any reduction in Base Salary and other benefits, and the notice of termination shall be considered null and void and of no effect. Upon termination of this Agreement under this Paragraph 7(a), the Company shall have no further obligations or liabilities under this Agreement, except to pay to the Executive's estate or the Executive, as the case may be, (i) the portion, if any, that remains unpaid of the Base Salary for the Year in which termination occurred, but in no event less than six (6) months' Base Salary; and (ii) the amount of any expenses reimbursable in accordance with Paragraph 4 above, and any automobile allowance due under Paragraph 5 above; and (iii) any amounts due under any Company benefit, welfare or pension plan. Except as otherwise provided by their terms, any stock options not vested at the time of the termination of this Agreement under this Paragraph 7(a) shall immediately become fully vested.
Permanent Vacancies a) The Employer will post notice of a vacancy in a bargaining unit job within ten (10) working days from the date of the vacancy (providing the position is going to be filled) setting forth the position, location, and shift, and it shall be posted for a period of five (5) working days. A vacancy exists when there are more positions than employees in the bargaining unit. Any interested employee may apply in writing. After the end of the posting period, an employee may not apply, regardless of his/her reason for failure to apply during the posting period, and also regardless of his/her seniority standing relative to those who did bid during the posting period. The Employer may fill a posted job on a temporary basis during the posting period.
b) The position shall be awarded within fifteen (15) working days from the end of the posting period. The vacancy shall be filled based on the equally weighted components of skill, ability to acquire the necessary knowledge to perform the job, prior job performance and seniority. Employees who have applied for a posted vacancy, upon request, shall be informed in writing of the reason(s) for not being selected. A copy of the notification will be placed in the employee’s file. The Employer shall provide the Union President with a copy of the posting, the names of the applicants and to whom the position was awarded.
c) During the first ten (10) days on his/her new job, the employer will provide assignment specific training to the employee. During the first forty-five (45) working days on his/her new job, a successful applicant may elect to return to his/her former job, or the Employer may elect to retransfer the applicant to his/her former job at the former pay rate and benefit level in the event he/she fails to demonstrate his/her ability to do the required work with written notice of documented reasons with a copy to the President. This shall not be subject to the grievance procedure. If the job is so vacated, the Employer may select another applicant from the earlier posting.
d) After an employee's successful application, he/she shall be ineligible to apply for another posted job for six (6) months. However, if a vacancy arises in a higher paying position, an employee may apply after thirty (30) days in position. Sub-sections c and d do not apply to the Transportation unit (drivers).
e) Employees may submit a request to the Director of Operations and/or Chief Financial Officer for a transfer within their classification. The request for transfer should state the reason(s) for the transfer. If the request is not granted the employee will, upon request, be given a written statement indicating the reason(s) for not implementing the transfer. No transfer shall take place until the replacement employee is adequately trained.
f) The employer shall provide on the job training to any employee seeking to upgrade their skills in their current job classification. Upon receipt of appropriate written requests, the training will be completed within a year. The time and location of the assignment shall be at the discretion of the employer.
Death or Complete Disability If the Executive’s employment with the Company is terminated as a result of Executive’s death or Complete Disability, the Company shall pay to Executive, and/or Executive’s heirs, the Executive’s Base Salary and accrued and unused vacation benefits earned through the date of termination at the rate in effect at the time of termination, less standard deductions and withholdings, and the Company shall thereafter have no further obligations to the Executive and/or Executive’s heirs under this Agreement.
Death The Executive’s employment hereunder shall terminate upon his death.
