Common use of Death or Total Disability of Employee Clause in Contracts

Death or Total Disability of Employee. If Employee dies or becomes totally disabled during the Term of Employment, the Term of Employment shall automatically terminate and Employer's obligation to compensate Employee under this Agreement shall in all respects cease, except that Employer shall pay Employee or Employee's estate, within thirty (30) days of such death or disability, an amount equal to the base compensation, vacation benefits provided for under Section 4 hereof accrued and unpaid ("Accrued Compensation") as of the time of such death or disability and Employee shall be entitled to such other benefits provided for under Sections 4.2 and 4.3 hereof which have accrued and have not been forfeited as of the time of such death or disability when and if provided to be paid pursuant to the terms of any applicable Employer plans or programs ("Accrued Benefits"). For purposes of this Section 6, Employee shall reasonably be deemed "totally disabled" as of the time the Board of Directors shall find, on the basis of medical evidence satisfactory to the Board of Directors, that, as a result of a mental or physical condition, Employee is unable to perform his normal duties of employment hereunder or is prevented from engaging in the same level of performance as he engaged in prior to the onset of such condition, giving effect to any reasonable accommodations which can be made by Employer, and that such disability is likely to continue for a substantial period of time.

Death or Total Disability of Employee. If Employee dies or becomes totally disabled during the Term of Employment, the Term of Employment shall automatically terminate and Employer's obligation to compensate Employee under this Agreement shall in all respects cease, except that Employer shall pay Employee or Employee's estate, within thirty (30) days of such death or disability, an amount equal to the base compensation, vacation benefits provided for under Section 4 hereof accrued and unpaid ("Accrued Compensation") as of the time of such death or disability and Employee shall be entitled to such other benefits provided for under Sections 4.2 and 4.3 hereof which have accrued and have not been forfeited as of the time of such death or disability when and if provided to be paid pursuant to the terms of any applicable Employer plans or programs ("Accrued Benefits"). For purposes of this Section 6, Employee shall reasonably be deemed "totally disabled" as of the time the Board of Directors President shall find, on the basis of medical evidence satisfactory to the Board of DirectorsPresident, that, as a result of a mental or physical condition, Employee is unable to perform his normal duties of employment hereunder or is prevented from engaging in the same level of performance as he engaged in prior to the onset of such condition, giving effect to any reasonable accommodations which can be made by Employer, and that such disability is likely to continue for a substantial period of time.

Death or Total Disability of Employee. If Employee dies or becomes totally disabled during the Term of Employment, the Term of Employment shall automatically terminate and Employer's ’s obligation to compensate Employee under this Agreement shall in all respects cease, except that Employer shall pay Employee or Employee's estate, within thirty (30) days of such death or disabilitytermination of employment due to disability (or sooner if required by law), an amount equal to the base compensation, vacation benefits provided for under Section 4 hereof accrued and any Base Salary earned but unpaid ("“Accrued Compensation"”) as of the time of such death or disability and Employee shall be entitled to such other benefits provided for under Sections 4.2 and 4.3 hereof which have accrued and have not been forfeited as of the time of such death or disability when and if provided to be paid pursuant Section 4 subject to the terms of any applicable such Employer plans or programs ("“Accrued Benefits"”). For purposes of this Section 6Section, Employee shall reasonably be deemed "“totally disabled" ” as of the time the Board of Directors CEO or his/her designee shall find, on the basis of medical evidence satisfactory to the Board of DirectorsCEO or his/her designee, that, as a result of a mental or physical condition, Employee is unable to perform his normal duties of employment hereunder or is prevented from engaging in the same level of performance as he engaged in prior to the onset of such condition, giving effect to any reasonable accommodations which can be made by Employer, and that such disability is likely to continue for a substantial period of time.