Common use of Death of Disability Clause in Contracts

Death of Disability. Except as otherwise provided in this paragraph 10, in the event of Employee's death or "Disability" (as hereinafter defined) occurring during the term of this Agreement, Employee or his estate, as the case may be, shall be entitled to: (i) that portion of any unpaid salary together with the benefits accrued and earned by Employee hereunder up to and including the last day of the month in which the death or disability occurs, as the case may be, (ii) any death or disability-related benefits pursuant to the insurance program set forth above and any employee benefit plan to which Employee or his beneficiary may be entitled hereunder; (iii) any unpaid Bonus Amount earned by the Employee for the prior fiscal year of the Company and approved by Company if such approval is required hereunder shall be prorated based upon the length of Employee's service during the applicable year over 365 days; and (iv) a payment equal to one year's Base Salary then in effect for Employee if the remaining term of this Agreement is less than one year, or, if more than one year remains under the Agreement, the Estate may elect to continue to receive the payments due under the Agreement specified as salary. A "Disability" shall be deemed to have occurred if Employee shall have been unable to discharge his normal duties and job description under this Agreement for a period of ninety (90) days in the aggregate during any consecutive four (4) month period, his employment shall thereupon terminate at the end of the calendar month in which such period ends.