Common use of DEATH OR DISABILITY DURING EMPLOYMENT Clause in Contracts

DEATH OR DISABILITY DURING EMPLOYMENT. 5.1 This Agreement shall terminate without notice upon the date of EMPLOYEE's death or the date when EMPLOYEE becomes “completely disabled” as that term is defined in Section 5.4 5.2 In the event of EMPLOYEE's death, all rights of EMPLOYEE to compensation hereunder shall automatically terminate immediately upon his death, except that EMPLOYEE's heirs, personal representatives or estate shall be entitled to any unpaid portion of his Base Salary and accrued benefits earned up to the date of his death. 5.3 In the event EMPLOYEE is disabled, EMPLOYEE shall be entitled to receive such disability benefits as would apply to other senior EMPLOYEES in the Company, subject to the terms and conditions of any such Company disability program. 5.4 The term “completely disabled” as used in this Agreement shall mean the inability of EMPLOYEE to perform his duties under this Agreement because he has become permanently disabled within the meaning of any policy and disability income insurance covering employees of the Company then in force. In the event the Company has no policy of disability income insurance covering employees of the Company in force when EMPLOYEE becomes disabled, the term “completely disabled” shall mean the inability of EMPLOYEE to perform his normal and customary duties under this Agreement for a total of four (4) consecutive months or a total of 180 days in any one-year period by reason of any incapacity, physical or mental, based upon medical advice or an opinion provided by a licensed physician, acceptable to the Company in its sole discretion, determines to have incapacitated EMPLOYEE from satisfactorily performing all of his usual services for the Company during the foreseeable future. The action of the Company shall be final and binding and the date such action is taken shall be the date of such complete disability for purposes of this Agreement, and upon such date this Agreement shall become null and void and of no further force and effect.

DEATH OR DISABILITY DURING EMPLOYMENT. 5.1 This Agreement shall terminate without notice upon the date of EMPLOYEE's Executive’s death or the date when EMPLOYEE Executive becomes “completely disabled” as that term is defined in Section 5.4 5.4. 5.2 In the event of EMPLOYEE's Executive’s death, all rights of EMPLOYEE Executive to compensation (Base Salary and annual performance bonuses) hereunder shall automatically terminate immediately upon his death, except that EMPLOYEE's Executive’s heirs, personal representatives or estate shall be entitled to any unpaid portion of his Base Salary salary and accrued benefits earned up to the date of his death. 5.3 In the event EMPLOYEE Executive is disabled, EMPLOYEE Executive shall be entitled to receive such disability benefits as would apply to other senior EMPLOYEES Executives in the Company, subject to the terms and conditions of any such Company disability program. 5.4 The term “completely disabled” as used in this Agreement shall mean the inability of EMPLOYEE Executive to perform his duties under this Agreement because he has become permanently disabled within the meaning of any policy and disability income insurance covering employees Executives of the Company then in force. In the event the Company has no policy of disability income insurance covering employees Executives of the Company in force when EMPLOYEE Executive becomes disabled, the term “completely disabled” shall mean the inability of EMPLOYEE Executive to perform his normal and customary duties under this Agreement for a total of four (4) consecutive months or a total of 180 days in any one-year period by reason of any incapacity, physical or mental, based upon medical advice or an opinion provided by a licensed physician, acceptable to the Company in its sole discretion, determines to have incapacitated EMPLOYEE Executive from satisfactorily performing all of his usual services for the Company during the foreseeable future. The action of the Company shall be final and binding and the date such action is taken shall be the date of such complete disability for purposes of this Agreement, and upon such date this Agreement shall become null and void and of no further force and effect.

DEATH OR DISABILITY DURING EMPLOYMENT. 5.1 This Agreement shall terminate without notice upon the date of EMPLOYEE's EXECUTIVE’s death or the date when EMPLOYEE EXECUTIVE becomes “completely disabled” as that term is defined in Section 5.4 6.4. 5.2 In the event of EMPLOYEE's EXECUTIVE’s death, all rights of EMPLOYEE EXECUTIVE to compensation hereunder shall automatically terminate immediately upon his death, except that EMPLOYEE's EXECUTIVE’s heirs, personal representatives or estate shall be entitled to any unpaid portion of his Base Salary salary and accrued benefits earned up to the date of his death. 5.3 In the event EMPLOYEE EXECUTIVE is disabled, EMPLOYEE EXECUTIVE shall be entitled to receive such disability benefits as would apply to other senior EMPLOYEES Executives in the Company, subject to the terms and conditions of any such Company disability program. 5.4 The term “completely disabled” as used in this Agreement shall mean the inability of EMPLOYEE EXECUTIVE to perform his duties under this Agreement because he has become permanently disabled within the meaning of any policy and disability income insurance covering employees Executives of the Company then in force. In the event the Company has no policy of disability income insurance covering employees Executives of the Company in force when EMPLOYEE EXECUTIVE becomes disabled, the term “completely disabled” shall mean the inability of EMPLOYEE EXECUTIVE to perform his normal and customary duties under this Agreement for a total of four (4) consecutive months or a total of 180 days in any one-year period by reason of any incapacity, physical or mental, based upon medical advice or an opinion provided by a licensed physician, acceptable to the Company in its sole discretion, determines to have incapacitated EMPLOYEE EXECUTIVE from satisfactorily performing all of his usual services for the Company during the foreseeable future. The action of the Company shall be final and binding and the date such action is taken shall be the date of such complete disability for purposes of this Agreement, and upon such date this Agreement shall become null and void and of no further force and effect.

DEATH OR DISABILITY DURING EMPLOYMENT. 5.1 This Agreement shall terminate without notice upon the date of EMPLOYEE's death or the date when EMPLOYEE becomes “completely disabled” as that term is defined in Section 5.4 5.4 5.2 In the event of EMPLOYEE's death, all rights of EMPLOYEE to compensation hereunder shall automatically terminate immediately upon his death, except that EMPLOYEE's heirs, personal representatives or estate shall be entitled to any unpaid portion of his Base Salary and accrued benefits earned up to the date of his death. 5.3 In the event EMPLOYEE is disabled, EMPLOYEE shall be entitled to receive such disability benefits as would apply to other senior EMPLOYEES in the Company, subject to the terms and conditions of any such Company disability program. 5.4 The term “completely disabled” as used in this Agreement shall mean the inability of EMPLOYEE to perform his duties under this Agreement because he has become permanently disabled within the meaning of any policy and disability income insurance covering employees of the Company then in force. In the event the Company has no policy of disability income insurance covering employees of the Company in force when EMPLOYEE becomes disabled, the term “completely disabled” shall mean the inability of EMPLOYEE to perform his normal and customary duties under this Agreement for a total of four (4) consecutive months or a total of 180 days in any one-year period by reason of any incapacity, physical or mental, based upon medical advice or an opinion provided by a licensed physician, acceptable to the Company in its sole discretion, determines to have incapacitated EMPLOYEE from satisfactorily performing all of his usual services for the Company during the foreseeable future. The action of the Company shall be final and binding and the date such action is taken shall be the date of such complete disability for purposes of this Agreement, and upon such date this Agreement shall become null and void and of no further force and effect.