Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination Agreement. If the Company determines in good faith that the Disability of the Executive has occurred during the Term of this Termination Agreement, it may give to the Executive written notice in accordance with Section 13(d) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.
Appears in 24 contracts
Samples: Termination and Change of Control Agreement (Cuno Inc), Termination and Change of Control Agreement (Cuno Inc), Termination and Change of Control Agreement (Commercial Intertech Corp)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability (as defined below) of the Executive has occurred during the Term of this Termination AgreementEmployment Period, it may give to the Executive written notice in accordance with Section 13(d9(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th thirtieth day after receipt of such notice by the Executive (the "Disability Effective Commencement Date"), provided that, within the thirty (30) days day period after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties. For purposes of this Agreement, "Disability" shall have the meaning set forth in the Company's long-term disability plan.
Appears in 17 contracts
Samples: Employment Agreement (Indiana Energy Inc), Employment Agreement (Vectren Corp), Employment Agreement (Vectren Corp)
Death or Disability. The Executive's employment shall terminate automatically upon In the event of the Executive's ’s death during the Term of this Termination Agreement. If Employment Period, the Executive’s employment with the Company determines in good faith that shall terminate automatically. In addition, the Disability of Company shall have the Executive has occurred during the Term of this Termination Agreement, it may give to the Executive written notice in accordance with Section 13(d) of this Termination Agreement of its intention right to terminate the Executive's employment. In such event, ’s employment because of the Executive's Date ’s Disability (as defined in the Company’s Long Term Disability Benefit Plan) during the Employment Period. A termination of Termination is the Executive’s employment by the Company for Disability shall be communicated to the Executive by written notice, and shall be effective on the 30th 5th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) days after such receipt, unless the Executive shall not have returned returns to full-time performance of the Executive's duties’s duties before the Disability Effective Date.
Appears in 9 contracts
Samples: Employment Agreement (Safety-Kleen, Inc), Employment Agreement (Safety-Kleen, Inc), Employment Agreement (Safety-Kleen, Inc)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the a Disability of the Executive has occurred during the Term of this Termination AgreementEmployment Period, it may give to the Executive written notice in accordance with Section 13(dsection 11(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.
Appears in 8 contracts
Samples: Change of Control Agreement (Female Health Co), Change of Control Agreement (Female Health Co), Change of Control Agreement (Female Health Co)
Death or Disability. The Executive's employment shall terminate ------------------- automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period or Change in Control Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term of this Termination AgreementEmployment Period or Change in Control Employment Period, it may give to the Executive written notice in accordance with Section 13(d9(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.
Appears in 7 contracts
Samples: Employment Agreement (Incyte Genomics Inc), Employment Agreement (Incyte Genomics Inc), Employment Agreement (Incyte Genomics Inc)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d8(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties. For purposes of this Agreement, “Disability” shall mean the Executive’s long-term disability for purposes of any reasonable occupation as determined under the Company’s disability plan that is applicable to the Executive.
Appears in 7 contracts
Samples: Employment Agreement (Solutia Inc), Employment Agreement (Solutia Inc), Employment Agreement (Solutia Inc)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to provide the Executive with written notice in accordance with Section 13(d9(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) days -day period after such receipt, the Executive shall not have returned to full-full time performance of the Executive's ’s duties.
Appears in 6 contracts
Samples: Employment Agreement (Bristow Group Inc), Employment Agreement (Bristow Group Inc), Agreement (Offshore Logistics Inc)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d10(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties. For purposes of this Agreement, “Disability” shall have the meaning ascribed under the Company’s long term disability plan.
Appears in 6 contracts
Samples: Employment Agreement (Southern Union Co), Employment Agreement (Southern Union Co), Employment Agreement (Southern Union Co)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the The Company determines in good faith that the Disability of the Executive has occurred during the Term of this Termination Agreement, it may give to the Executive written notice in accordance with Section 13(d) of this Termination Agreement of its intention shall be entitled to terminate the Executive's employment. In such event, employment because of the Executive's Date Disability during the Employment Period. "Disability" means that the Executive has been unable, for a period of Termination is 180 consecutive business days, to perform the Executive's duties under this Agreement, as a result of physical or mental illness or injury. A termination of the Executive's employment by the Company for Disability shall be communicated to the Executive by written notice, and shall be effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) days after such receipt, unless the Executive shall not have returned returns to full-time performance of the Executive's dutiesduties before the Disability Effective Date.
Appears in 6 contracts
Samples: Employment Agreement (Packard Bioscience Co), Employment Agreement (Packard Bioscience Co), Employment Agreement (Packard Bioscience Co)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementTerm. If the Company Firm determines in good faith that the Disability of the Executive has occurred during the Term of this Termination AgreementTerm, it may give to the Executive written notice in accordance with Section 13(d16(c) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Firm shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties.
Appears in 6 contracts
Samples: Retention And (Lazard Group LLC), Agreement (Lazard LTD), Form of Agreement (Lazard LTD)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If Additionally, if the Company Employer determines in good faith that the Disability of the Executive has occurred during the Term of this Termination Agreementincurred a Disability, it may give to the Executive written notice in accordance with Section 13(d) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Employer shall terminate effective on the 30th later of (i) the date in the notice, (ii) the day after receipt of such notice by the Executive Executive, or (iii) the date the Disability has been considered to occur (the "Disability Effective Date"), provided that, within the thirty (30) days after prior to such receiptdate, the Executive shall not have returned to full-time performance of the Executive's duties.
Appears in 6 contracts
Samples: Executive Employment Agreement (Grove, Inc.), Executive Employment Agreement (Grove, Inc.), Executive Employment Agreement (GEE Group Inc.)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d9(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties. For purposes of this Agreement, "Disability" shall mean the Executive's long-term disability for purposes of any reasonable occupation as determined under the Company's disability plan that is applicable to the Executive.
Appears in 5 contracts
Samples: Employment Agreement (Solutia Inc), Employment Agreement (Solutia Inc), Employment Agreement (Solutia Inc)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines that the permanent disability of the Executive, as determined in good faith that by the Disability of the Executive Board (“Disability”), has occurred during the Term of this Termination AgreementEmployment Period, it the Company may give to the Executive written notice notice, in accordance with Section 13(d) of this Termination Agreement 12(b), of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after the Executive’s receipt of such notice by the Executive Company (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties. The Executive shall fully cooperate in connection with the determination of whether Disability exists.
Appears in 5 contracts
Samples: Waiver and Release Agreement (Howard Hughes Corp), Employment Agreement (Howard Hughes Corp), Employment Agreement (Howard Hughes Corp)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d12(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties. For purposes of this Agreement, "Disability" shall mean the Executive's long-term disability for purposes of any reasonable occupation as determined under the Company's disability plan that is applicable to the Executive.
Appears in 4 contracts
Samples: Employment Agreement (Solutia Inc), Employment Agreement (Solutia Inc), Employment Agreement (Solutia Inc)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d11(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.. For purposes of this Agreement, "Disability" shall have the meaning set forth in the long-term
Appears in 4 contracts
Samples: Control Employment Agreement (Healthaxis Inc), Control Employment Agreement (Healthaxis Inc), Change in Control Employment Agreement (Healthaxis Inc)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive Executive, as defined in the Company's long-term disability plan, has occurred during the Term of this Termination AgreementEmployment Period, it may give to the Executive written notice in accordance with Section 13(d11(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.
Appears in 4 contracts
Samples: Employment Agreement (Landamerica Financial Group Inc), Employment Agreement (Landamerica Financial Group Inc), Employment Agreement (Landamerica Financial Group Inc)
Death or Disability. The Executive's employment shall terminate ------------------- automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it the Company may give to the Executive written notice in accordance with Section 13(d11(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within ------------------------- the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-full- time performance of the Executive's duties.. For purposes of this Agreement,
Appears in 4 contracts
Samples: Executive Employment Agreement (Globenet Communications Group LTD), Executive Employment Agreement (Globenet Communications Group LTD), Executive Employment Agreement (Globenet Communications Group LTD)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's death during the Term of this Termination Agreement’s death. If the Company Corporation determines in good faith that the Disability (as defined below) of the Executive has occurred during the Term of this Termination AgreementExecutive’s employment, it may give to the Executive written notice in accordance with Section 13(d) 7.4 of this Termination Agreement of its intention to terminate the Executive's ’s employment; provided that such notice is provided no later than 150 days following the Executive’s first day of Disability. In such event, the Executive's Date of Termination is ’s employment shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties.. For purposes of this Agreement, “
Appears in 3 contracts
Samples: Employment Agreement (Patheon Inc), Employment Agreement (Patheon Inc), Employment Agreement (Patheon Inc)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company Board determines in good faith that the Disability of the Executive has occurred during the Term of this Termination AgreementEmployment Period, it may give to the Executive written notice in accordance with Section 13(d13(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.
Appears in 3 contracts
Samples: Control Employment Agreement (Irt Property Co), Control Employment Agreement (Irt Property Co), Control Employment Agreement (Irt Property Co)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination Agreement"Disability" set forth below), it may give to the Executive written notice in accordance with Section 13(d12(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.. For
Appears in 3 contracts
Samples: Agreement (Vivid Technologies Inc), 25 Agreement (Vivid Technologies Inc), 26 Agreement (Vivid Technologies Inc)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d12(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties. For purposes of this Agreement, the Executive’s “Disability” shall be governed by the terms of the Company’s Long-Term Disability Plan.
Appears in 3 contracts
Samples: Employment Agreement (National Commerce Financial Corp), Employment Agreement (National Commerce Financial Corp), Employment Agreement (National Commerce Financial Corp)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term of this Termination AgreementEmployment Period, it may give to the Executive written notice in accordance with Section 13(d15(B) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.
Appears in 3 contracts
Samples: Employment Agreement (Noram Energy Corp/Old), Employment Agreement (Houston Lighting & Power Co), Employment Agreement (Reliant Energy Resources Corp)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d9(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties. For purposes of this Agreement, "Disability" shall mean the Executive's long term disability for purposes of any reasonable occupation as determined under the Company's disability plan that is applicable to the Executive.
Appears in 3 contracts
Samples: Employment Agreement (Solutia Inc), Employment Agreement (Solutia Inc), Employment Agreement (Solutia Inc)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice notice, in accordance with Section 13(d) of this Termination Agreement 12(b), of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after the Company’s receipt of such notice by the Executive (the "“Disability Effective Date"”), provided thatprovided, that within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties. For purposes of this Agreement, “Disability” shall have the meaning ascribed under the Company’s long term disability plan applicable to the Executive.
Appears in 3 contracts
Samples: Waiver and Release Agreement, Waiver and Release Agreement (General Growth Properties Inc), Waiver and Release Agreement (General Growth Properties Inc)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d9(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Commencement Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties. For purposes of this Agreement, "Disability" shall have the meaning set forth in the Company's Long-Term Disability Plan.
Appears in 3 contracts
Samples: Employment Agreement (James River Corp of Virginia), Employment Agreement (James River Corp of Virginia), Employment Agreement (James River Corp of Virginia)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementCIC Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term CIC Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d12(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties. For purposes of this Agreement, the Executive’s “Disability” shall be governed by the terms of the Company’s Long-Term Disability Plan.
Appears in 3 contracts
Samples: Employment Agreement (National Commerce Financial Corp), Employment Agreement (National Commerce Financial Corp), Employment Agreement (National Commerce Financial Corp)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d10(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.full‑time
Appears in 3 contracts
Samples: Executive Supplemental Employment Agreement (Highwoods Realty LTD Partnership), Executive Supplemental Employment Agreement (Highwoods Realty LTD Partnership), Executive Supplemental Employment Agreement (Highwoods Realty LTD Partnership)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d12(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.. For purposes of this
Appears in 3 contracts
Samples: Employment Agreement (Office Depot Inc), Employment Agreement (Office Depot Inc), Employment Agreement (Office Depot Inc)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term term of this Termination Agreement. If the Company determines in good faith that the Disability of the Executive has occurred during the Term term of this Termination Agreement, it may give to the Executive written notice in accordance with Section 13(d16(d) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties.
Appears in 3 contracts
Samples: Severance Agreement, Severance Agreement (Anadarko Petroleum Corp), Severance Agreement (Anadarko Petroleum Corp)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company Board determines in good faith that the Disability of the Executive has occurred during the Term of this Termination AgreementEmployment Period, it may give to the Executive written notice in accordance with Section 13(d12(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.
Appears in 3 contracts
Samples: Control Employment Agreement (Irt Property Co), Change in Control Employment Agreement (Irt Property Co), Control Employment Agreement (Irt Property Co)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d12(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.. For purposes of this Agreement, "
Appears in 3 contracts
Samples: Employment Agreement (Avery Dennison Corporation), Employment Agreement (Avery Dennison Corporation), Employment Agreement (Avery Dennison Corporation)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d13(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.such
Appears in 3 contracts
Samples: Change in Control Agreement (Cti Molecular Imaging Inc), Change in Control Agreement (Cti Molecular Imaging Inc), Change in Control Agreement (Cti Molecular Imaging Inc)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company Bank determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d8(c) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Bank shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties. For purposes of this Agreement, “Disability” shall have the meaning ascribed under the Bank’s long term disability plan as from time to time in effect.
Appears in 3 contracts
Samples: Employment Agreement (Flag Financial Corp), Employment Agreement (Flag Financial Corp), Employment Agreement (Flag Financial Corp)
Death or Disability. The Executive's employment shall terminate ------------------- automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d13(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.. For
Appears in 2 contracts
Samples: Employment Agreement (Capital One Financial Corp), Employment Agreement (Capital One Financial Corp)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period or Change in Control Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term of this Termination AgreementEmployment Period or Change in Control Employment Period, it may give to the Executive written notice in accordance with Section 13(d9(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties.
Appears in 2 contracts
Samples: Employment Agreement (Incyte Corp), Employment Agreement (Incyte Corp)
Death or Disability. The Executive's --------------------------- --------------------- employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination Agreement"Disability" set forth in the 1987 Plan), it may give to the Executive written notice in accordance with Section 13(d10(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.
Appears in 2 contracts
Samples: Employment Agreement (CSX Corp), Employment Agreement (CSX Corp)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice notice, in accordance with Section 13(d) of this Termination Agreement 11(b), of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after the Company’s receipt of such notice by the Executive (the "“Disability Effective Date"”), provided thatprovided, that within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties. For purposes of this Agreement, “Disability” shall have the meaning ascribed under the Company’s long term disability plan.
Appears in 2 contracts
Samples: Employment Agreement (General Growth Properties Inc), Employment Agreement (General Growth Properties Inc)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's death during the Term of this Termination Agreement’s death. If the Holding Company determines or the Bank determine in good faith that the a Disability (as defined in Section 5(i)(iii) below) of the Executive has occurred during the Term of this Termination AgreementTerm, it the Holding Company and the Bank may give to the Executive written notice in accordance with Section 13(d) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Holding Company and the Bank shall terminate effective on the 30th thirtieth (30th) day after receipt of such notice by the Executive (the "Disability Effective Date")of such written notice, provided that, within the thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties.
Appears in 2 contracts
Samples: Employment Agreement (Coastal Financial Corp), Employment Agreement (Coastal Financial Corp)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d12(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.. For purposes of this Agreement, "Disability" shall mean the absence of the Executive from the Executive's duties with the Company on a full-time basis for 180 consecutive days as a result of incapacity due to mental 5
Appears in 2 contracts
Samples: Employment Agreement (Office Depot Inc), Employment Agreement (Office Depot Inc)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company Employer determines in good faith that the Disability of the Executive has occurred during the Term of this Termination AgreementEmployment Period, it may give to the Executive written notice in accordance with Section 13(d11(b) of this Termination Agreement hereof of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Employer shall terminate effective on the 30th thirtieth (30th) day after receipt of such notice by the Executive (the "Disability Effective Date"); provided, provided that, that within the thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.
Appears in 2 contracts
Samples: Employment Agreement (BreitBurn Energy Partners L.P.), Employment Agreement (BreitBurn Energy Partners L.P.)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company Parent determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d9(a) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with Parent shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.the
Appears in 2 contracts
Samples: Employment Agreement (Homeside International Inc), Employment Agreement (Homeside International Inc)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability (as defined below) of the Executive has occurred during the Term of this Termination AgreementEmployment Period, it may give to provide the Executive with written notice in accordance with Section 13(d11(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties.. For purposes of this
Appears in 2 contracts
Samples: Employment Agreement (Kbw, Inc.), Form of Employment Agreement (Kbw, Inc.)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d10(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.not
Appears in 2 contracts
Samples: Employment Agreement (Morgans Hotel Group Co.), Employment Agreement (Morgans Hotel Group Co.)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d12(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.. For purposes of this Agreement,
Appears in 2 contracts
Samples: Control Employment Agreement (Cameron Ashley Building Products Inc), Control Employment Agreement (Cameron Ashley Building Products Inc)
Death or Disability. The ------------------------- ------------------- Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d11(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties. For purposes of this Agreement, "Disability" shall be set forth in the Company's Long-Term Disability Plan.
Appears in 2 contracts
Samples: Employment Agreement (Fort James Corp), Exhibit 10p (Fort James Corp)
Death or Disability. The Executive's employment shall terminate ------------------- automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term of this Termination AgreementEmployment Period, it may give to the Executive written notice in accordance with Section 13(d9(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-full- time performance of the Executive's duties.
Appears in 2 contracts
Samples: Employment Agreement (Incyte Genomics Inc), Employment Agreement (Incyte Genomics Inc)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term of this Termination AgreementEmployment Period, it may give to the Executive written notice in accordance with Section 13(d12(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.
Appears in 2 contracts
Samples: Change in Control Employment Agreement (Hawthorne Financial Corp), Change in Control Employment Agreement (Hawthorne Financial Corp)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term of this Termination AgreementEmployment Period, it may give to the Executive written notice in accordance with Section 13(d11(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th thirtieth (30th) day after receipt of such notice by the Executive (the "“Disability Effective Date"”), ; provided that, within the thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties.
Appears in 2 contracts
Samples: Change of Control Agreement (Trizetto Group Inc), Change of Control Agreement (Trizetto Group Inc)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company Employer determines in good faith that the Disability of the Executive has occurred during the Term of this Termination AgreementEmployment Period, it may give to the Executive written notice in accordance with Section 13(d11(b) of this Termination Agreement hereof of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Employer shall terminate effective on the 30th thirtieth (30th) day after receipt of such notice by the Executive (the "“Disability Effective Date"”); provided, provided that, that within the thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties.
Appears in 2 contracts
Samples: And (BreitBurn Energy Partners L.P.), Employment Agreement (BreitBurn Energy Partners L.P.)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability (as defined below) of the Executive has occurred during the Term of this Termination AgreementEmployment Period, it may give to the provide Executive with written notice in accordance with Section 13(d7(i) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, Executive’s employment with the Executive's Date of Termination is Company shall terminate effective on the 30th thirtieth (30th) day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.of
Appears in 2 contracts
Samples: Employment Agreement (Independent Bank Group, Inc.), Employment Agreement (Independent Bank Group, Inc.)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d12(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties. For purposes of this Agreement, "Disability" shall have the meaning set forth in the Company's Long-Term Disability Plan.
Appears in 2 contracts
Samples: Employment Agreement (Bankers Trust New York Corp), Employment Agreement (Bankers Trust New York Corp)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the a Disability of the Executive has occurred during the Term of this Termination AgreementEmployment Period, it may give to the Executive written notice in accordance with Section 13(d10(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive or, if later, the last day of the Executive’s statutory minimum notice period (the "“Disability Effective Date"”), provided that, within the thirty (30) days after during such receiptnotice period, the Executive shall not have returned to full-time performance of the Executive's ’s duties.
Appears in 1 contract
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d12(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties.. For
Appears in 1 contract
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d11(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.. For purposes of this
Appears in 1 contract
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination Agreement"Disability" set forth below), it may give to the Executive written notice in accordance with Section 13(d12(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Change of Control Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.the
Appears in 1 contract
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability (as defined below) of the Executive has occurred during the Term of this Termination AgreementEmployment Period, it may give to the Executive written notice in accordance with Section 13(d17(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.’s
Appears in 1 contract
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d12(d) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties.. For purposes of this
Appears in 1 contract
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive Executive, as defined in the Company's long-term disability plan, has occurred during the Term of this Termination AgreementEmployment Period, it may give to the Executive written notice in accordance with Section 13(d10(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.
Appears in 1 contract
Samples: Employment Agreement (Landamerica Financial Group Inc)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the there is a Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d8(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th 15th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided provided, however, that, within the thirty (30) 15 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties. For purposes of this Agreement, “Disability” shall mean the Executive’s becoming disabled within the meaning of the long-term disability plan of the Company covering the Executive.
Appears in 1 contract
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d10(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.’s Employment Agreement Exhibit 10.53
Appears in 1 contract
Death or Disability. The Executive's employment shall will terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company Employer determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may (subject to the Disability Pay provisions of Section 3.4) give to the Executive written notice in accordance with Section 13(d) 13 of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment will terminate effective on the 30th day after receipt by Executive of such written notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.; and provided further, that Executive will notwithstanding the termination of this Agreement be entitled to receive the Disability Pay provided for under
Appears in 1 contract
Samples: Executive Retention and Employment Agreement (Source Capital Corp)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company Partnership determines in good faith that the Disability of the Executive has occurred during the Term of this Termination AgreementEmployment Period, it may give to the Executive written notice in accordance with Section 13(d13(b) of this Termination Agreement hereof of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Partnership and all other BreitBurn Entities shall terminate effective on the 30th thirtieth (30th) day after receipt of such notice by the Executive (the "Disability Effective Date"); provided, provided that, that within the thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.
Appears in 1 contract
Samples: Employment Agreement (BreitBurn Energy Partners L.P.)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, Executive’s employment with the Executive's Date of Termination is Company shall terminate effective on the 30th day after receipt of such written notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.’s
Appears in 1 contract
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the any Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d) of this Termination Agreement 10.2, of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th thirtieth (30th) day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties.. For
Appears in 1 contract
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d11(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties. For purposes of this Agreement, “Disability” shall mean the Executive’s becoming disabled within the meaning of the long-term disability plan of the Company covering the Executive.
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Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's death if Executive dies during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability (as defined herein) of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination Agreement“Disability” set forth below), it may give to the Executive written notice in accordance with Section 13(d13(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, Executive’s employment with the Executive's Date of Termination is Company shall terminate effective on the 30th thirtieth (30th) day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.performance
Appears in 1 contract
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the a Disability of the Executive has occurred during the Term of this Termination AgreementEmployment Period, it may give to the Executive written notice in accordance with Section 13(d11(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties.
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Death or Disability. The Executive's ’s employment shall terminate automatically upon if the Executive's death Executive dies during the Term of this Termination AgreementEmployment Period. If the Company Taubman determines in good faith that the Disability (as defined herein) of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination Agreement“Disability”), it may give to the Executive written notice in accordance with Section 13(d11(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.’s du
Appears in 1 contract
Samples: Change of Control Employment Agreement (Taubman Centers Inc)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company Employer determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to provide the Executive with written notice in accordance with Section 13(d10(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with Employer shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties.
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Death or Disability. The Executive's employment shall terminate ------------------- automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company Subsidiary determines in good faith that the Disability (as defined below) of the Executive has occurred during the Term of this Termination AgreementEmployment Period, it may give to the Executive written notice in accordance with Section 13(d15(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Subsidiary shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.'s
Appears in 1 contract
Samples: Change (Life Technologies Inc)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d10(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day 30 days after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, that within the thirty (30) days -day period after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.. For purposes of this Agreement,
Appears in 1 contract
Samples: Employment Agreement (Evi Inc)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d9(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties.. In the event the Executive has been unable
Appears in 1 contract
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination Agreementdeath. If the Company Corporation determines in good faith that the Disability (as defined below) of the Executive has occurred during the Term of this Termination AgreementExecutive's employment, it may give to the Executive written notice in accordance with Section 13(d) 7.4 of this Termination Agreement of its intention to terminate the Executive's employment; provided that such notice is provided no later than 150 days following the Executive's first day of Disability. In such event, the Executive's Date of Termination is employment shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.the
Appears in 1 contract
Samples: Severance and General Release Agreement (Patheon Inc)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term of this Termination AgreementEmployment Period, it may give to the Executive written notice in accordance with Section 13(d11(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.
Appears in 1 contract
Samples: Change in Control Employment Agreement (Hawthorne Financial Corp)
Death or Disability. The Executive's employment shall terminate ------------------- automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d13(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.. For purposes of this Agreement,
Appears in 1 contract
Death or Disability. The Executive's employment shall terminate automatically upon the ExecutivetheExecutive's death during the Term of this Termination AgreementEmployment Period. If the Company Corporation determines in good faith that the Disability Executive becomes unable to perform the essential functions of his position, with or without reasonable accommodation, and that such inability is likely to continue for a period of more than six (6) months, then the Executive has occurred during the Term of this Termination Agreement, it may Corporation shall give to the Executive written notice in accordance with Section 13(d) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Corporation shall terminate effective on the 30th thirtieth (30th) day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) days after such receipt, the Executive shall not have returned to full-full time performance of the Executive's duties.
Appears in 1 contract
Samples: Executive Employment Agreement (Sonic Automotive Inc)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the a Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d11(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day thirty (30) days after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, that within the thirty (30) days day period after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.not
Appears in 1 contract
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's death during the Term of this Termination Agreement’s death. If the Company Corporation determines in good faith that the Disability (as defined below) of the Executive has occurred during the Term of this Termination AgreementExecutive’s employment, it may give to the Executive written notice in accordance with Section 13(d) 7.4 of this Termination Agreement of its intention to terminate the Executive's ’s employment; provided that such notice is provided no later than 150 days following the Executive’s first day of Disability. In such event, the Executive's Date of Termination is ’s employment shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.the
Appears in 1 contract
Samples: Employment Agreement (Patheon Inc)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d13(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.
Appears in 1 contract
Samples: Change in Control Agreement (Cti Molecular Imaging Inc)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the a Disability of the Executive has occurred during the Term of this Termination AgreementEmployment Period, it may give to the Executive written notice in accordance with Section 13(dsection 11(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive or, if later, the last day of the Executive's statutory minimum notice period (the "Disability Effective Date"), provided that, within the thirty (30) days after such receiptduring his notice period, the Executive shall not have returned to full-time performance of the Executive's duties.
Appears in 1 contract
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d15(c) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties.. For purposes of this Agreement,
Appears in 1 contract
Samples: Executive Employment Agreement (Hercules Offshore, Inc.)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the a Disability of the Executive has occurred during the Term of this Termination AgreementEmployment Period, it may give to the Executive written notice in accordance with Section 13(dsection 11(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time full‑time performance of the Executive's duties.
Appears in 1 contract
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's death during the Term of this Termination Agreement’s death. If the Company Corporation determines in good faith that the Disability of the Executive has occurred during the Term of this Termination Agreement(as defined below), it may give to the Executive written notice in accordance with Section 13(d) 7.4 of this Termination Agreement of its intention to terminate the Executive's ’s employment; provided that such notice is provided no later than 150 days following the Executive’s first day of Disability. In such event, the Executive's Date of Termination is ’s employment shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties.. For purposes of this Agreement, “
Appears in 1 contract
Samples: Employment Agreement (Patheon Inc)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementTerm. If the Company determines in good faith that the Disability (as defined below) of the Executive has occurred during the Term of this Termination AgreementTerm, it may give to the Executive written notice in accordance with Section 13(d) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executive's dutiesduties and presented to the Company a written certificate of Executive's good health as contemplated by Section 9(c) hereof.
Appears in 1 contract
Samples: Termination and Change of Control Agreement (Dt Industries Inc)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company Board determines in good faith that the Disability of the Executive has occurred during the Term of this Termination AgreementEmployment Period, it may give to the Executive written notice in accordance with Section 13(d11(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after his receipt of such receiptnotice, the Executive shall not have returned to full-time performance of the Executive's duties.
Appears in 1 contract
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive Executive, as defined in the Company’s long-term disability plan, has occurred during the Term of this Termination AgreementEmployment Period, it may give to the Executive written notice in accordance with Section 13(d10(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties.
Appears in 1 contract
Samples: Employment Agreement (Landamerica Financial Group Inc)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination Agreement. If the Company Board determines in good faith that the Disability of the Executive has occurred during the Term of this Termination Agreement, it the Company may give to the Executive written notice in accordance with Section 13(d) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the termination of Executive's Date of Termination employment is effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.
Appears in 1 contract
Samples: Termination and Change of Control Agreement (Walbro Corp)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive Executive, as defined in the Company's long-term disability plan, has occurred during the Term of this Termination AgreementEmployment Period, it may give to the Executive written notice in accordance with Section 13(d10 (b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.
Appears in 1 contract
Samples: Employment Agreement (Landamerica Financial Group Inc)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d12(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties.. For purposes of this
Appears in 1 contract
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination Agreement"Disability" set forth below), it may give to the Executive written notice in accordance with Section 13(d12(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties. For purposes of this Agreement, "Disability" means disability within the meaning of the Company's long-term disability plan applicable to the Executive.
Appears in 1 contract
Samples: Esa Retention Agreement (Bank of America Corp /De/)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Agreement Period. If the Company determines in good faith that the a Disability of the Executive has occurred during the Term Employment Agreement Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d14(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, Executive’s employment with the Executive's Date of Termination is Company shall terminate effective on the 30th day thirty (30) days after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, that within the thirty (30) days day period after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.’s
Appears in 1 contract
Death or Disability. The Executive's employment shall terminate ------------------- automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d9(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.. For
Appears in 1 contract
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEffective Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Effective Period (pursuant to the definition of this Termination AgreementDisability as set forth below), it may give to the Executive written notice in accordance with Section 13(d11(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th thirtieth (30th) day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.. For purposes of this Agreement, "Disability" shall mean the absence of the Executive from the Executive's duties with the Company
Appears in 1 contract
Samples: Transitional Compensation Agreement (Amcore Financial Inc)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d16(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.have
Appears in 1 contract
Samples: Change of Control and Severance Agreement (Nashua Corp)
Death or Disability. The Executive's ’s employment by the Company and service as an officer of Unisys shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d11(b) of this Termination Agreement of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date ’s employment with the Company and service as an officer of Termination is Unisys shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties.. For
Appears in 1 contract
Death or Disability. The Executive's ’s employment with the Company shall terminate automatically upon the Executive's ’s death during the Term Employment Period. In the event of Executive’s Disability during the Employment Period (pursuant to the definition of Disability set forth in Section I(2) of this Termination Agreement. If ), the Company determines in good faith that may, at the Disability discretion of the Executive has occurred during the Term of this Termination AgreementBoard, it may give to the Executive written notice in accordance with Section 13(dIX(2) of this Termination Agreement of its intention to terminate Executive’s employment with the Executive's employmentCompany. In such event, Executive’s employment with the Executive's Date of Termination is Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Effective Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of his duties; provided that if Executive has returned to full-time performance of his duties, the Executive's dutiesCompany may not terminate Executive due to a Disability until such time limits have again been met.
Appears in 1 contract
Samples: Employment Agreement (Nationwide Health Properties Inc)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination AgreementDisability set forth below), it may give to the Executive written notice in accordance with Section 13(d10(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.. For purposes
Appears in 1 contract
Samples: Executive Supplemental Employment Agreement (Peach Auto Painting & Collision Inc)
Death or Disability. The Executive's employment shall terminate automatically upon the Executive's death during the Term of this Termination AgreementEmployment Period. If In the Company determines in good faith that the Disability event of the Executive has occurred during Executive's Disability, either party may provide the Term of this Termination Agreement, it may give to the Executive other with written notice in accordance with Section 13(d12(b) of this Termination Agreement of his or its intention to terminate the Executive's employmentemployment due to Disability. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, if the notice is given by the Company, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.
Appears in 1 contract
Samples: Employment Agreement (Phillips Van Heusen Corp /De/)
Death or Disability. The Executive's ’s employment shall terminate automatically upon the Executive's ’s death during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability Executive is disabled as a result of the Executive has occurred during the Term of this Termination Agreementa Disability, it may give to the Executive written notice in accordance with Section 13(d) of this Termination Agreement 7.1 of its intention to terminate the Executive's ’s employment. In such event, the Executive's Date of Termination is ’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's ’s duties. If the Executive’s employment terminates as a result of the Executive’s Death or Disability, such termination shall be a termination other than for Cause.
Appears in 1 contract
Death or Disability. The Executive's employment shall terminate automatically upon if the Executive's death Executive dies during the Term of this Termination AgreementEmployment Period. If the Company determines in good faith that the Disability (as defined herein) of the Executive has occurred during the Term Employment Period (pursuant to the definition of this Termination Agreement"Disability"), it may give to the Executive written notice in accordance with Section 13(d11(b) of this Termination Agreement of its intention to terminate the Executive's employment. In such event, the Executive's Date of Termination is employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the thirty (30) 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties.. "Disability" means the absence of the
Appears in 1 contract