Common use of Death; Disability Clause in Contracts

Death; Disability. If the Executive dies or is incapacitated or disabled by accident, sickness or otherwise, so as to render the Executive mentally or physically incapable of performing the services required to be performed by the Executive under this Agreement for a period that would entitle the Executive to qualify for long-term disability benefits under the Company's then-current long-term disability insurance program or, in the absence of such a program, for a period of 90 consecutive days or longer (such condition being herein referred to as a "Disability"), then (i) in the case of the Executive's death, the Executive's employment shall be deemed to terminate on the date of the Executive's death or (ii) in the case of a Disability, the Company, at its option, may terminate the employment of the Executive under this Agreement immediately upon giving the Executive notice to that effect. Disability shall be determined by the Board or the Board's designee. In the case of a Disability, until the Company shall have terminated the Executive's employment hereunder in accordance with the foregoing, the Executive shall be entitled to receive compensation provided for herein notwithstanding any such physical or mental disability.

Death; Disability. If In the event that the Executive dies or is incapacitated or disabled by accident, sickness or otherwise, so as to render the Executive mentally or physically incapable of performing the services required to be performed by the Executive under this Agreement for a period that would entitle the Executive to qualify for long-term disability benefits under the Company's ’s then-current long-term disability insurance program or, in the absence of such a program, for a period of 90 120 consecutive days or longer (such condition being herein referred to as a "“Disability"), ”) then (i) in the case of the Executive's ’s death, the Executive's ’s employment shall be deemed to terminate on the date of the Executive's ’s death or and (ii) in the case of a Disability, the Company, at its option, may terminate the employment of the Executive under this Agreement immediately upon giving the Executive notice to that effect. The determination to terminate the Executive in the event of a Disability shall be determined made by the Board or the Board's ’s designee. In the case of a Disability, until the Company shall have terminated the Executive's ’s employment hereunder in accordance with the foregoing, the Executive shall be entitled to receive compensation provided for herein notwithstanding any such physical or mental disability.

Death; Disability. If In the event that the Executive dies or is incapacitated or disabled by accident, sickness or otherwise, so as to render the Executive mentally or physically incapable of performing the services required to be performed by the Executive under this Agreement for a period that would entitle the Executive to qualify for long-term disability benefits under the Company's ’ s then-current long-term disability insurance program or, in the absence of such a program, for a period of 90 120 consecutive days or longer (such condition being herein referred to as a "“Disability"), ”) then (i) in the case of the Executive's ’s death, the Executive's ’s employment shall be deemed to terminate on the date of the Executive's ’s death or and (ii) in the case of a Disability, the Company, at its option, may terminate the employment of the Executive under this Agreement immediately upon giving the Executive notice to that effect. The determination to terminate the Executive in the event of a Disability shall be determined made by the Board or the Board's ’s designee. In the case of a Disability, until the Company shall have terminated the Executive's ’s employment hereunder in accordance with the foregoing, the Executive shall be entitled to receive compensation provided for herein notwithstanding any such physical or mental disability.

Death; Disability. If In the event that the Executive dies or is incapacitated or disabled by accident, sickness or otherwise, so as to render the Executive mentally or physically incapable of performing the services required to be performed by the Executive under this Agreement for a period that would entitle the Executive to qualify for long-term disability benefits under the Company's ’s then-current long-term disability insurance program or, in the absence of such a program, for a period of 90 one hundred twenty (120) consecutive days or longer (such condition being herein referred to as a "“Disability"), ”) then (i) in the case of the Executive's ’s death, the Executive's ’s employment shall be deemed to terminate on the date of the Executive's ’s death or and (ii) in the case of a Disability, the Company, at its option, may terminate the employment of the Executive under this Agreement immediately upon giving the Executive notice to that effect. The determination to terminate the Executive in the event of a Disability shall be determined made by the Board or the Board's ’s designee. In the case of a Disability, until the Company shall have terminated the Executive's ’s employment hereunder in accordance with the foregoing, the Executive shall be entitled to receive the compensation provided for herein notwithstanding any such physical or mental disability.