Common use of Death; Disability Clause in Contracts

Death; Disability. In the event that Employee dies or becomes Disabled (as defined herein) during the Term, Employee's employment shall terminate when such death or Disability occurs and the Company shall pay Employee (or his legal representative, as the case may be) as follows: (i) any Base Compensation, Bonus and vacation time accrued but unpaid as of the date of death or termination for Disability; and (ii) any reimbursement for expenses incurred in accordance with Sections 3 and 5;. For the purposes of this Agreement, Employee shall be deemed to be "Disabled" or have a "Disability" if, because of Employee's personal injury, disability or illness, he has been substantially unable to perform his duties hereunder for sixty (60) days in any one hundred eighty (180) day period. Employee shall be considered to have been substantially unable to perform his duties hereunder only if he is either (i) unable to reasonably and effectively carry out his duties with reasonable accommodations by the Company or (ii) unable to reasonably and effectively carry out his duties because any reasonable accommodation which may be required would cause the Company undue hardship. Notwithstanding the foregoing, to the extent and for the period required by any state or federal family and medical leave law, upon Employee's request (i) he shall be considered to be on unpaid leave of absence and not terminated, (ii) his group health benefits shall remain in full force and effect, and (iii) if Employee recovers from any such Disability, at that time, to the extent required by any state or federal family and medical leave law, upon Employee's request, he shall be restored to his position hereunder or to an equivalent position, as the Company may reasonably determine, and the Term of Employee's employment hereunder shall be reinstated effective upon such restoration. The Term shall not be extended by reason of such intervening leave of absence or termination, nor shall any compensation or benefits accrue in excess of those required by law during such intervening leave of absence or termination. Upon the expiration of any such rights, unless Employee has been restored to a position with the Company, he shall thereupon be considered terminated. Employee acknowledges that the payments referred to in both Sections 3 and 5 and this Section 7(b) together with any rights or benefits under any written plan or agreement which have vested on or prior to the termination date of Employee's employment under this Section 7(b), constitute the only payments which Employee (or his legal representative, as the case may be) shall be entitled to receive from the Company hereunder in the event of a termination of his employment for death or Disability, and the Company shall have no further liability or obligation to him (or his legal representatives, as the case may be) hereunder or otherwise in respect of his employment.

Death; Disability. In the event that Employee Executive dies or becomes Disabled (as defined herein) during the Term, EmployeeExecutive's employment shall terminate when such death or Disability occurs and the Company shall pay Employee Executive (or his legal representative, as the case may be) as follows: (ia) any Base Compensation, Bonus Salary and vacation time accrued but unpaid as of the date of death or termination for Disability; and; (iib) any reimbursement for expenses incurred in accordance with Sections 3 Section 3.2.; and (c) an amount equal to Executive's monthly Base Salary in effect on such termination date for the lesser of (i) six (6) months or (ii) the remainder of the Term, payable as and 5;when such amounts would have been due and payable hereunder had such termination not occurred. For the purposes of this Agreement, Employee Executive shall be deemed to be "Disabled" or have a "Disability" if, because of EmployeeExecutive's personal injury, disability physical or illnessmental disability, he has been substantially unable to perform his essential duties hereunder for sixty twelve (6012) days work weeks in any one hundred eighty twelve (18012) day month period. Employee Executive shall be considered to have been substantially unable to perform his essential duties hereunder only if he is either (ia) unable to reasonably and effectively carry out his essential duties with or without reasonable accommodations by the Company or (iib) unable to reasonably and effectively carry out his essential duties because any reasonable accommodation which may be required would cause the Company undue hardship. In the event of a disagreement concerning Executive's Disability, Executive shall submit to such examinations as are deemed appropriate by three practicing physicians specializing in the area of Executive's Disability, one selected by Executive, one selected by the Company, and one selected by both such physicians. The majority decision of such three physicians shall be final and binding on the parties. Notwithstanding the foregoing, to the extent and for the period required by any state or federal family and medical leave law, upon EmployeeExecutive's request (i) he shall be considered to be on unpaid leave of absence and not terminated, (ii) his group health benefits shall remain in full force and effect, and (iii) if Employee Executive recovers from any such Disability, at that time, to the extent required by any state or federal family and medical leave law, upon EmployeeExecutive's request, he shall be restored to his position hereunder or to an equivalent position, as the Company may reasonably determine, and the Term of EmployeeExecutive's employment hereunder shall be reinstated effective upon such restoration. The Term shall not be extended by reason of such intervening leave of absence or termination, nor shall any compensation or benefits accrue in excess of those required by law during such intervening leave of absence or termination. Upon the expiration of any such rights, unless Employee Executive has been restored to a position with the Company, he shall thereupon be considered terminated. Employee Executive acknowledges that the payments referred to in both Sections 3 and 5 Section 3.5 and this Section 7(b) 4.4, together with any rights or benefits under any written plan or agreement which have vested on or prior to the termination date of EmployeeExecutive's employment under this Section 7(b)4.4, constitute the only payments which Employee Executive (or his legal representative, as the case may be) shall be entitled to receive from the Company hereunder in the event of a termination of his employment for death or Disability, and the Company shall have no further liability or obligation to him (or his legal representatives, as the case may be) hereunder or otherwise in respect of his employment.

Death; Disability. (a) In the event that Employee Executive dies or becomes Disabled (as defined herein) during the Term, Employee's Executive’s employment shall terminate either (i) when such death occurs, or (ii) upon written notice by the Company at any time after Disability occurs and (provided that, in the event of any Disability, the Company shall pay Employee (or his legal representativehave the right, as but not the case may be) as follows:obligation, to terminate this Agreement). (ib) any Base Compensation, Bonus and vacation time accrued but unpaid as of the date of death or termination for Disability; and (ii) any reimbursement for expenses incurred in accordance with Sections 3 and 5;. For the purposes of this Agreement, Employee Executive shall be deemed to be "“Disabled" ” or have a "“Disability" ” if, because of Employee's personal injury, disability Executive’s physical or illnessmental disability, he has been substantially unable to perform his duties hereunder with reasonable accommodation for sixty twelve (6012) days work weeks in any one hundred eighty twelve (18012) day month period. Employee Executive shall be considered to have been substantially unable to perform his duties hereunder only if he is either (ia) unable to reasonably and effectively carry out his duties with reasonable accommodations by the Company or (iib) unable to reasonably and effectively carry out his duties because any reasonable accommodation which may be required would cause the Company undue hardship. In the event of a disagreement concerning Executive’s perceived Disability, Executive shall submit to such examinations as are deemed appropriate by three (3) practicing physicians specializing in the area of Executive’s Disability, one selected by Executive, one selected by the Company, and one selected by both such physicians. The majority decision of such three (3) physicians shall be final and binding on the parties. Nothing in this paragraph is intended to limit the Company’s right to invoke the provisions of this paragraph with respect to any perceived Disability of Executive. (c) Notwithstanding the foregoing, to the extent and for the period required by any state or federal family and medical leave law, upon Employee's Executive’s request (i) he shall be considered to be on unpaid leave of absence and not terminated, (ii) his group health benefits shall remain in full force and effect, and (iii) if Employee Executive recovers from any such Disability, at that time, to the extent required by any state or federal family and medical leave law, upon Employee's Executive’s request, he shall be restored to his position hereunder or to an equivalent position, as the Company may reasonably determine, and the Term of Employee's Executive’s employment hereunder shall be reinstated effective upon such restoration. The Term shall not be extended by reason of such intervening leave of absence or terminationabsence, nor shall any compensation or benefits accrue in excess of those required by law during such intervening leave of absence or terminationabsence. Upon the expiration of any such rights, unless Employee Executive has been restored to a position with the Company, he shall thereupon be considered terminated. Employee acknowledges that the payments referred to in both Sections 3 and 5 and this Section 7(b) together with any rights or benefits under any written plan or agreement which have vested on or prior to the termination date of Employee's employment under this Section 7(b), constitute the only payments which Employee (or his legal representative, as the case may be) shall be entitled to receive from the Company hereunder in the event of a termination of his employment for death or Disability, and the Company shall have no further liability or obligation to him (or his legal representatives, as the case may be) hereunder or otherwise in respect of his employment.

Death; Disability. In the event that Employee dies or becomes Disabled (as defined herein) during the Term, Employee's employment shall terminate when such death or Disability occurs and the Company shall pay Employee (or his legal representative, as the case may be) as follows: (i) any Base Compensation, Bonus Compensation and vacation time accrued but unpaid as of the date of death or termination for Disability; and; (ii) any reimbursement for expenses incurred in accordance with Sections 3 and 5Section 3(b);. For (iii) any portion of stock options that has become vested on or before the purposes date of this Agreement, Employee such termination shall be deemed exercisable in accordance with the terms of the applicable plan, and all unvested shares shall terminate; and (iv) an amount equal to be "Disabled" or have a "Disability" if, because of Employee's personal injurymonthly base Compensation in effect on such termination date for six (6) months, disability or illness, he has been substantially unable to perform his duties hereunder for sixty (60) days in any one hundred eighty (180) day period. Employee shall be considered to payable as and when such amounts would have been substantially unable to perform his duties due and payable hereunder only if he is either (i) unable to reasonably and effectively carry out his duties with reasonable accommodations by the Company or (ii) unable to reasonably and effectively carry out his duties because any reasonable accommodation which may be required would cause the Company undue hardshiphad such termination not occurred. Notwithstanding the foregoing, to the extent and for the period required by any state or federal family and medical leave law, upon Employee's request (i) he shall be considered to be on unpaid leave of absence and not terminated, (ii) his group health benefits shall remain in full force and effect, and (iii) if Employee recovers from any such Disability, at that time, to the extent required by any state or federal family and medical leave law, upon Employee's request, he shall be restored to his position hereunder or to an equivalent position, as the Company may reasonably determine, and the Term of Employee's employment hereunder shall be reinstated effective upon such restoration. The Term shall not be extended by reason of such intervening leave of absence or termination, nor shall any compensation or benefits accrue in excess of those required by law during such intervening leave of absence or termination. Upon the expiration of any such rights, unless Employee has been restored to a position with the Company, he shall thereupon be considered terminated. Employee acknowledges that the payments referred to in both Sections 3 and 5 Section 3(b) and this Section 7(b7(d) together with any rights or benefits under any written plan or agreement which have vested on or prior to the termination date of Employee's employment under this Section 7(b7(d), constitute the only payments which Employee (or his legal representative, as the case may be) shall be entitled to receive from the Company hereunder in the event of a termination of his employment for death or Disability, and the Company shall have no further liability or obligation to him (or his legal representatives, as the case may be) hereunder or otherwise in respect of his employment.

Death; Disability. In the event that Employee dies or becomes Disabled (as defined herein) during the Term, Employee's employment shall terminate when such death or Disability occurs and the Company shall pay Employee (or his legal representative, as the case may be) as follows: (i) any Base Compensation, Bonus and vacation time accrued but unpaid as of the date of death or termination for Disability; and; (ii) any reimbursement for expenses incurred in accordance with Sections 3 and 5;. For (iii) any portion of stock options that has become vested on or before the purposes date of this Agreement, Employee such termination shall be deemed exercisable in accordance with the terms of the applicable plan, and all unvested shares shall terminate; and (iv) an amount equal to be "Disabled" or have a "Disability" if, because of Employee's personal injurymonthly base Compensation in effect on such termination date for six (6) months, disability or illness, he has been substantially unable to perform his duties hereunder for sixty (60) days in any one hundred eighty (180) day period. Employee shall be considered to payable as and when such amounts would have been substantially unable to perform his duties due and payable hereunder only if he is either (i) unable to reasonably and effectively carry out his duties with reasonable accommodations by the Company or (ii) unable to reasonably and effectively carry out his duties because any reasonable accommodation which may be required would cause the Company undue hardshiphad such termination not occurred. Notwithstanding the foregoing, to the extent and for the period required by any state or federal family and medical leave law, upon Employee's request (i) he shall be considered to be on unpaid leave of absence and not terminated, (ii) his group health benefits shall remain in full force and effect, and (iii) if Employee recovers from any such Disability, at that time, to the extent required by any state or federal family and medical leave law, upon Employee's request, he shall be restored to his position hereunder or to an equivalent position, as the Company may reasonably determine, and the Term of Employee's employment hereunder shall be reinstated effective upon such restoration. The Term shall not be extended by reason of such intervening leave of absence or termination, nor shall any compensation or benefits accrue in excess of those required by law during such intervening leave of absence or termination. Upon the expiration of any such rights, unless Employee has been restored to a position with the Company, he shall thereupon be considered terminated. Employee acknowledges that the payments referred to in both Sections 3 and 5 and this Section 7(b7(d) together with any rights or benefits under any written plan or agreement which have vested on or prior to the termination date of Employee's employment under this Section 7(b7(d), constitute the only payments which Employee (or his legal representative, as the case may be) shall be entitled to receive from the Company hereunder in the event of a termination of his employment for death or Disability, and the Company shall have no further liability or obligation to him (or his legal representatives, as the case may be) hereunder or otherwise in respect of his employment.

Death; Disability. In the event that Employee Executive dies or becomes Disabled (as defined herein) during the Term, Employee's Executive’s employment shall terminate either (i) when such death occurs, or (ii) upon written notice by the Company at any time after Disability occurs and (provided that, in the event of any Disability, the Company shall have the right, but not the obligation, to terminate this Agreement), and, in either event, the Company shall pay Employee Executive (or his legal representative, as the case may be) as follows: (ia) any Base Compensation, Bonus Salary and vacation time accrued but unpaid as of the date of death or termination for Disability; and (iib) any reimbursement for expenses incurred in accordance with Sections 3 and 5;Section 3.2. For the purposes of this Agreement, Employee Executive shall be deemed to be "“Disabled" ” or have a "“Disability" ” if, because of Employee's personal injury, disability Executive’s physical or illnessmental disability, he has been substantially unable to perform his duties hereunder for sixty twelve (6012) days work weeks in any one hundred eighty twelve (18012) day month period. Employee Executive shall be considered to have been substantially unable to perform his duties hereunder only if he is either (ia) unable to reasonably and effectively carry out his duties with reasonable accommodations by the Company or (iib) unable to reasonably and effectively carry out his duties because any reasonable accommodation which may be required would cause the Company undue hardship. In the event of a disagreement concerning Executive’s perceived Disability, Executive shall submit to such examinations as are deemed appropriate by three practicing physicians specializing in the area of Executive’s Disability, one selected by Executive, one selected by the Company, and one selected by both such physicians. The majority decision of such three physicians shall be final and binding on the parties. Nothing in this paragraph is intended to limit the Company’s right to invoke the provisions of this paragraph with respect to any perceived Disability of Executive. Notwithstanding the foregoing, to the extent and for the period required by any state or federal family and medical leave law, upon Employee's Executive’s request (i) he shall be considered to be on unpaid leave of absence and not terminated, (ii) his group health benefits shall remain in full force and effect, and (iii) if Employee Executive recovers from any such Disability, at that time, to the extent required by any state or federal family and medical leave law, upon Employee's Executive’s request, he shall be restored to his position hereunder or to an equivalent position, as the Company may reasonably determine, and the Term of Employee's Executive’s employment hereunder shall be reinstated effective upon such restoration. The Term shall not be extended by reason of such intervening leave of absence or terminationabsence, nor shall any compensation or benefits accrue in excess of those required by law during such intervening leave of absence or terminationabsence. Upon the expiration of any such rights, unless Employee Executive has been restored to a position with the Company, he shall thereupon be considered terminated. Employee Executive acknowledges that the payments referred to in both Sections 3 and 5 and this Section 7(b) 4.4, together with any rights or benefits under any written plan or agreement which have vested on or prior to the termination date of Employee's Executive’s employment under this Section 7(b)4.4, constitute the only payments which Employee Executive (or his legal representative, as the case may be) shall be entitled to receive from the Company hereunder in the event of a termination of his employment for death or Disability, and the Company shall have no further liability or obligation to him (or his legal representatives, as the case may be) hereunder or otherwise in respect of his employment.