Death or Illness Clause Samples
The 'Death or Illness' clause outlines the procedures and consequences if a party to the contract dies or becomes seriously ill during the term of the agreement. Typically, this clause specifies whether the contract is automatically terminated, suspended, or if certain obligations are transferred to heirs or representatives. For example, in a service contract, it may allow for cancellation without penalty if the service provider is incapacitated. The core function of this clause is to provide clarity and certainty for both parties in the event of unforeseen personal circumstances, ensuring that neither side is unfairly disadvantaged by such events.
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.
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. 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.
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 appointed by the President and one (1) faculty member appointed by the Federation.
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 extraordinary circumstances. A faculty member cannot contribute unless they have at least one (1) continuous year of service as of June 30 of each year.
c) The total sick leave bank shall not exceed one thousand (1,000) days. A faculty member must contribute to the bank in order to maintain his/her el...
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.
Death or Illness. Destruction or Unavailability of the Subject Matter or Tangible Means of Performance ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, 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...
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.