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, within thirty (30) days of such death or disability (or sooner if required by law), an amount equal to the base compensation 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 Section 4 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, including without limitation an amount equal to the product of (x) the annual bonus that would have been paid to Employee with respect to the year of termination had the termination of employment not occurred and (y) a fraction, the numerator of which is the number of days in the fiscal year through the date of Employee’s termination and the denominator of which is 365 (“Accrued Benefits”). For purposes of this Section, Employee shall reasonably be deemed “totally disabled” as of the time the Board shall find, on the basis of medical evidence satisfactory to the Board, 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. Notwithstanding the foregoing, it is agreed that Employer’s obligation to make the payments contemplated by this Section is subject to Employee’s compliance with the provisions of Section 3 of this Agreement.

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, within thirty (30) days of such death or termination of employment due to disability (or sooner if required by law), an amount equal to the base compensation 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 Section 4 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 subject to the terms of any applicable such Employer plans or programsprograms (“Accrued Benefits”). Additionally, including without limitation if: (a) Employee’s employment is terminated by reason of the Employee’s death during the Term of Employment, Employer shall make a payment to the Employee’s estate or beneficiary, as applicable, in a lump sum in cash, within thirty (30) days of the termination date, of an amount equal to the product severance amount payable under Section 8(a)(iii). (b) Employee’s employment is terminated by reason of (x) the annual bonus that would have been paid to Employee with respect Employee’s disability during the Term of Employment, Employer shall make a payment to the year Employee in a lump sum in cash, within thirty (30) days of termination had the termination of employment not occurred and (y) a fraction, the numerator of which is the number of days in the fiscal year through the date of Employee’s termination and an amount equal to the denominator of which is 365 (“Accrued Benefits”severance amount payable under Section 8(a)(iii). For purposes of this Section, Employee shall reasonably be deemed “totally disabled” as of the time the CEO and the Board shall find, on the basis of medical evidence satisfactory to the CEO and the Board, 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. Notwithstanding the foregoing, it is agreed that Employer’s obligation to make the payments contemplated by this Section is subject to Employee’s compliance with the provisions of Section 3 of this Agreement.

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 disability (or sooner if required by law)disability, an amount equal to the base compensation and 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 Section 4 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, including without limitation an amount equal to the product then-accrued portion of (x) the Employee's annual bonus for the current year that would have been paid is otherwise projected to Employee with respect to the year of termination had the termination of employment not occurred and be payable (ybased on current operating results) a fraction, the numerator of which is the number of days in the fiscal year event Employee were to have remained employed through the normal payment date of Employee’s termination and the denominator of which is 365 such bonus (“"Accrued Benefits”"). For purposes of this SectionSection 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 BoardBoard 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. Notwithstanding the foregoing, it is agreed that Employer’s obligation to make the payments contemplated by this Section is subject to Employee’s compliance with the provisions of Section 3 of this Agreement.

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 (or sooner if required by law)disability, an amount equal to the base compensation and 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 Section 4 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, including without limitation an amount equal to the product of (x) the annual bonus that would have been paid to Employee with respect to the year of termination had the termination of employment not occurred and (y) a fraction, the numerator of which is the number of days in the fiscal year through the date then-accrued portion of Employee’s termination and annual bonus for the denominator current year that is otherwise projected to be payable (based on current operating results) in the event Employee were to have remained employed through the normal payment date of which is 365 such bonus (“Accrued Benefits”). For purposes of this SectionSection 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 BoardBoard 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. Notwithstanding the foregoing, it is agreed that Employer’s obligation to make the payments contemplated by this Section is subject to Employee’s compliance with the provisions of Section 3 of this Agreement.

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, within thirty (30) days of such death or disability (or sooner if required by law), an amount equal to the base compensation 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 Section 4 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, including without limitation an amount equal to the product then-accrued portion of (x) the Employee’s annual bonus for the current year that would have been paid is otherwise projected to Employee with respect to the year of termination had the termination of employment not occurred and be payable (ybased on current operating results) a fraction, the numerator of which is the number of days in the fiscal year event Employee were to have remained employed through the normal payment date of Employee’s termination and the denominator of which is 365 such bonus (“Accrued Benefits”). For purposes of this Section, Employee shall reasonably be deemed “totally disabled” as of the time the Board shall find, on the basis of medical evidence satisfactory to the Board, 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. Notwithstanding the foregoing, it is agreed that Employer’s obligation to make the payments contemplated by this Section is subject to Employee’s compliance with the provisions of Section 3 of this Agreement.