Death or Illness Sample Clauses

Death or Illness of a teacher’s immediate family member. Such leave in any year may not exceed 10 days per year per immediate family member. i. Immediate family member is defined as parent, brother, sister, husband, wife, son, daughter, grandparent, or person with whom one has had an association similar to family ties. ii. The Board may require a doctor's statement attesting to the illness in the immediate family of an employee who is absent for such illness for more than 5 consecutive days. iii. In the event a teacher’s immediate family member suffers a catastrophic or serious illness or injury, the superintendent may grant the teacher use of more than 10 paid leave days in an amount the superintendent deems appropriate.
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Death or Illness. 1. Five (5) days of bereavement leave shall be granted to faculty members in the event of death in the immediate family (natural or surrogate parents, wife, husband, son or daughter), and other members of the employee’s immediate household. 2. All faculty members shall be entitled to twelve (12) days of sick leave each academic year, with the following exceptions: after five (5) years of service, librarians and the Coordinator of Health Services shall be entitled to thirteen (13) days and counselors to fifteen (15) days of sick leave per year. Such leave will be accumulated for use in event of illness to be used in subsequent years as needed. The Board may require proof of illness. All faculty members hired prior to May 21, 2010, upon retirement from the College at age 62 or over, with fifteen (15) years or more of full-time consecutive service at the College, the faculty member shall receive a lump sum payment equal to twenty-five (25) percent of the unused portion of his/her accumulated sick leave up to a maximum of thirty-seven and one-half (37-1/2) days payment, computed at the average per diem rate he/she has earned at the College during the last three years of full-time employment (i.e., this in effect means that if a faculty member has accumulated one hundred fifty (150) days of sick leave, he/she will be paid for thirty-seven and one-half (37-1/2) days of that accumulated time). Accumulated sick days in excess of one hundred fifty (150) are not subject to percentage compensation. For all faculty members hired on or after May 21, 2010, the lump sum payment calculated as set forth in the above paragraph shall be capped at $15,000. 3. Sick Leave Bank - A sick leave bank will be established for use by faculty members who have suffered an extended disability and/or catastrophic illness and have exhausted their own sick leave. The bank will be administered by a committee of two (2) administrators -34- -35- appointed by the President and one (1) faculty member appointed by the Federation. Composition of the administrators of the sick bank will conform to state statute. a. At the end of each fiscal year, all faculty members may contribute unused sick days which are in excess of their statutory entitlement of ten (10) days per year for personal illness. b. In order to be eligible to use the sick leave bank, a faculty member must have contributed at least two (2) days within the prior one (1) fiscal year to the bank. Exceptions may be considered in extraordi...
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Death or Illness. In the event of death or illness of a General Unit or 3,000 hour Hourly Unit employee's family member, as defined above, to include aunt or uncle, the department head may authorize immediate vacation leave to the employee so the employee can be with the family member, make household adjustments, or arrange for medical services. The employee will notify the City prior to actually taking the paid leave and to provide the City with adequate verification of death in the family to support the payment of salary upon return from leave.
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Death or Illness. In the event of death or illness of an employee's family member, as defined above, the City Manager may authorize immediate vacation leave to the employee so the employee can be with the family member, make household adjustments, or arrange for medical services. The employee will notify the City prior to actually taking the paid leave and to provide the City with adequate verification of death in the family to support the payment of salary upon return from leave.
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Death or Illness. Destruction or Unavailability of the Subject Matter or Tangible Means of Performance  Xxxxxx x. Xxxxxxxx, 122 Eng. Rep. 309 (K.B. 1863)  Allocation of risk of destruction Failure of the Contemplated Mode of Performance  Including Delivery or Payment  No general right of substitution if provision goes to the essence of the contract.  If incidental obligation, issue is, “does a commercially reasonable substitute exist?” If yes, Impracticability defense is unavailable. UCC § 2-614. Substituted Performance (1) Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable but a commercially reasonable substitute is available, such substitute performance must be tendered and accepted. (2) If the agreed means or manner of payment fails because of domestic or foreign governmental regulation, the seller may withhold or stop delivery unless the buyer provides a means or manner of payment which is commercially a substantial equivalent. If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the buyer's obligation unless the regulation is discriminatory, oppressive or predatory. Supervening Prohibition or Prevention by Law  Difference between contract for an illegal purpose and supervening illegality  Illegality cannot be the result of non-performing party’s action impossible by an act of God, the law or the other party.  Modern rule – expands old rule to include strikes and other impracticalities.  Relation to “Force Majeure” clauses Death or Disability  Performance of essential person who becomes ill or dies may be excused.  No excuse if performance is delegable.  Foreseeability and contributory fault doctrines do not apply.  Apprehension of Impracticability or Danger  Reasonable apprehension of impracticability or danger, even if subsequently proven erroneous, serves the same purpose as actual impracticability Impracticability - an Evolving Area of the Law  Traditional rule - only actual impossibility served to excuse performance.  Current Doctrine - Impracticality can excuse performance. See UCC 2-615  Impracticality = “not attainable except by means and with an expense impracticable in a business sense.” Williston  Impracticability > Impracticality (Restatement 2d) Existing Impracticability  Rules are generally the same as superveni...
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Related to Death or Illness

  • Death or Incapacity If the Executive’s employment is terminated by reason of the Executive’s death or Incapacity during the Employment Period, this Agreement shall terminate without further obligations to the Executive’s legal representatives under this Agreement, other than for (i) timely payment of Accrued Obligations in a lump sum in cash within 30 days after the Date of Termination and (ii) provision by the Company of death benefits or disability benefits for termination due to death or Incapacity, respectively, in accordance with Section 3(b)(iii) as in effect at the Operative Date or, if more favorable to the Executive, at the Executive’s Date of Termination.

  • Death or Total Disability In the event of the death of the Executive during the Term, this Agreement shall terminate as of the date of the Executive's death. In the event of the Total Disability (as that term is defined below) of the Executive for sixty (60) days in the aggregate during any consecutive nine (9) month period during the Term, the Company shall have the right to terminate this Agreement by giving the Executive thirty (30) days' prior written notice thereof, and upon the expiration of such thirty (30) day period, the Executive's employment under this Agreement shall terminate. If the Executive shall resume his duties within thirty (30) days after receipt of such a notice of termination and continue to perform such duties for four (4) consecutive weeks thereafter, this Agreement shall continue in full force and effect, without any reduction in Base Salary and other benefits, and the notice of termination shall be considered null and void and of no effect. Upon termination of this Agreement under this Paragraph 7(a), the Company shall have no further obligations or liabilities under this Agreement, except to pay to the Executive's estate or the Executive, as the case may be, (i) the portion, if any, that remains unpaid of the Base Salary for the Year in which termination occurred, but in no event less than six (6) months' Base Salary; and (ii) the amount of any expenses reimbursable in accordance with Paragraph 4 above, and any automobile allowance due under Paragraph 5 above; and (iii) any amounts due under any Company benefit, welfare or pension plan. Except as otherwise provided by their terms, any stock options not vested at the time of the termination of this Agreement under this Paragraph 7(a) shall immediately become fully vested.

  • Death The Executive’s employment hereunder shall terminate upon his death.

  • Death or Retirement Executive’s employment shall terminate automatically upon Executive’s death or Retirement during the Term. For purposes of this Agreement, “Retirement” shall mean normal retirement as defined in the Company’s then-current retirement plan, or if there is no such retirement plan, “Retirement” shall mean voluntary termination after age sixty-five (65) with at least ten (10) years of service.

  • Death or Permanent Disability If Grantee shall die or become permanently disabled while employed by the Company or one of its affiliates, this Option shall expire one (1) year after the date of such death or permanent disability. During such period after death, Grantee's legal representative or representatives, or the person or persons entitled to do so under Grantee's last will and testament or under applicable interstate laws, shall have the right to exercise this Option as to only the number of shares to which Grantee was entitled to purchase on the date of his/her death.

  • Death or Incompetence You agree to notify us promptly in writing if any account holder or other person with a right to withdraw funds from your account dies or becomes legally incompetent. We may continue to honor all instructions and funds transfer requests from such a person until: (a) we know, with reasonable certainty, of the death or legal incompetence of an account holder or other person with a right to withdraw funds, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may honor funds transfers requested or initiated on or before the date of death or legal incompetence of an account holder or other person with a right to withdraw funds for up to ten (10) days after we determine that death or legal incompetence occurred, unless we are ordered to stop payment by someone with or claiming a legitimate interest in the account. We may require a reasonable proof of death or adjudication of incompetence. Until we receive notice and any required proof of death or incompetence, we may act as if all account holders and other persons with a right to withdraw funds are alive and competent. We may restrict access to your account upon notice of your death or legal incompetence until the appropriate documentation is provided to us by your executor, administrator or legal representative. Where a Joint Account owner dies, we may require the surviving Joint Account owner to provide us with certain documentation satisfactory to us before we will release the remaining funds in a Joint Account. Transferring Account Ownership. You may not transfer, assign or pledge any account without our Disputed Ownership of an Account. If we receive any conflicting instructions or claims to funds that are in an account, we may, in our sole discretion: (a) restrict the account and deny access to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator for judgment or decision. (See also the “Dispute Resolution” section at the end of this agreement.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to your account. We may charge a legal process fee and may assess this fee against any account you maintain with us, including the account that is subject to the legal process. Levies and garnishments are subject to our right of set-off and security interests to the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTS, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, at any time and without notice to you, close your account and terminate this agreement as to that account (except for those provisions of this agreement that are intended to survive account closing and termination) or freeze your account (close your account to further deposits, withdrawals, funds transfers and other account activity), if we believe the account was used in a manner that is inconsistent with the terms of this agreement; for example, by:

  • Death or Disability The Executive's employment shall terminate automatically upon the Executive's death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executive's employment. In such event, the Executive'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 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 business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executive's legal representative.

  • Death of the Employee The TERM automatically terminates upon the death of the EMPLOYEE. In the event of such death, the EMPLOYEE's estate shall be entitled to receive the compensation due the EMPLOYEE through the last day of the calendar month in which the death occurred, except as otherwise specified herein.

  • Death or Complete Disability If the Executive’s employment with the Company is terminated as a result of Executive’s death or Complete Disability, the Company shall pay to Executive, and/or Executive’s heirs, the Executive’s Base Salary and accrued and unused vacation benefits earned through the date of termination at the rate in effect at the time of termination, less standard deductions and withholdings, and the Company shall thereafter have no further obligations to the Executive and/or Executive’s heirs under this Agreement.

  • Upon Death or Disability If the Executive dies, all provisions of Section 3 of this Agreement (other than rights or benefits arising as a result of such death) and the Employment Term shall be automatically terminated; provided, however, that an amount equal to the earned and unpaid Incentive Payments to the date of death and the Standard Termination Payments shall be paid to the Executive’s surviving spouse or, if none, the Executive’s estate (as set forth above), and the death benefits under the Company’s employee benefit plans shall be paid to the Executive’s beneficiary or beneficiaries as properly designated in writing by the Executive. If the Executive is unable to perform the essential functions of the Executive’s job under this Agreement, with or without reasonable accommodation, by reason of physical or mental disability or incapacity (“Disability”) and such disability or incapacity shall have continued for any period aggregating six months within any 12 consecutive months, the Company may terminate this Agreement and the Employment Term at any time thereafter. In such event, the Executive shall be entitled to receive the Executive’s normal compensation hereunder during said time of disability or incapacity, and shall thereafter be entitled to receive the “Disability Incentive Payment” (as described in the penultimate sentence of this subsection (b)) and the Standard Termination Payments (as set forth above). The portion of the payment representing the Disability Incentive Payment shall be paid in a lump sum determined on a net present value basis, using a reasonable discount rate determined by the Board. The Disability Incentive Payment shall be equal to the target Incentive Payment that the Executive would have been eligible to receive for the year in which the Employment Term is terminated multiplied by a fraction, the numerator of which is the number of days in such year before and including the day of termination of the Employment Term and the denominator of which is the total number of days in such year. Subject to Section 19 below, the Disability Incentive Payment shall be payable in a lump sum on the 60th day after termination of the Executive’s employment.

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