Common use of Death or Total Disability Clause in Contracts

Death or Total Disability. (a) The Employee's employment with the Company under this Agreement shall terminate in the event of the death or Total Disability (as defined below) of the Employee. (b) The Employee's right to receive Annual Salary under Section 3.1(b) shall terminate at the end of the month during which death or Total Disability occurs; provided, however, that whether or not a Total Disability of the Employee shall have occurred, any payments pursuant to a salary continuation or disability insurance plan of the Company shall be deducted from any salary which may otherwise be paid to the Employee during the period of the Employee's illness or incapacity; and, provided further, that Employee shall be entitled to receive any compensation that was awarded to the Employee prior to the date of termination but remains unpaid. All retirement benefits as described in Section 3.1(d) will be paid (with no reduction in the present value amount contained in such Section) in the event of death or Total Disability in accordance with the payment option selected by the Employee and all other benefits and the Option described in Section 3.1(c) will vest and will be exercisable in accordance with the Fifth Third Stock Option Plan, or such other relevant benefit plan. (c) For the purposes of this Agreement, "Total Disability" shall be deemed to have the meaning set forth in any long term disability insurance plans in which Employee participates, or, if no such plan is in place, when the Employee shall have been unable to perform the duties of the Employee's employment by reason of illness or incapacity for a period of ninety (90) consecutive days or for a period of one hundred twenty (120) days in any period of fifty-two (52) consecutive weeks, all as determined in good faith by the Board.

Death or Total Disability. (a) The Employee's employment with the Company under this Agreement shall terminate in the event of the death or Total Disability (as defined below) of the Employee. (b) The Employee's right to receive Annual Salary under Section 3.1(b3.1(a) shall terminate at the end of the month during which death or Total Disability occurs; provided, however, that whether or not a Total Disability of the Employee shall have occurred, any payments pursuant to a salary continuation or disability insurance plan of the Company shall be deducted from any salary which may otherwise be paid to the Employee during the period of the Employee's illness or incapacity; and, provided further, that Employee (or his designated beneficiary or estate) shall be entitled to receive any compensation that was awarded to the Employee prior to the date of termination but remains unpaidunpaid and in any event Employee shall be entitled to receive (if Employee has not already received) at least one year's Annual Salary, Bonus and Profit Sharing (and other benefits as provided in Section 3.1(e) above) under this Agreement. In addition, Employee (or Employee's estate) shall continue to receive the Non-Compete payment provided in Section 5.1(e). All retirement benefits Retirement Benefits as described in Section 3.1(d) will be paid (with no reduction in the present value amount contained in such Section) in the event of death or Total Disability in accordance with the payment option selected by the Employee and all other benefits and the Option described in Section 3.1(c) will vest and will be exercisable in accordance with Section 3.1(c) and all other benefits will be exercisable in accordance with the Fifth Third Stock Option Plan, or such other relevant benefit planapplicable Plans. (c) For the purposes of this Agreement, "Total Disability" shall be deemed to have the meaning set forth in any long term disability insurance plans in which Employee participates, or, if no such plan is in place, when the Employee shall have been unable to perform the duties of the Employee's employment by reason of illness or incapacity for a period of ninety (90) consecutive days or for a period of one hundred twenty (120) days in any period of fifty-two (52) consecutive weeks, all as determined in good faith by the Board.

Death or Total Disability. (a) The Employee's employment with the Company under this Agreement shall terminate in the event of the death or Total Disability (as defined below) of the Employee. (b) The Employee's right to receive Annual Base Salary under Section 3.1(b3.1(a) shall terminate at the end of the month during which death or Total Disability occurs; provided, however, that whether or not a Total Disability of the Employee shall have occurred, any payments pursuant to a salary continuation or disability insurance plan of the Company shall be deducted from any salary which may otherwise be paid to the Employee during the period of the Employee's illness or incapacity; and, provided further, that Employee shall be entitled to receive any compensation that was awarded to the Employee prior to the date of termination but remains unpaid. All retirement benefits as The restrictions on the Restricted Stock described in Section 3.1(d3.1(c) will be paid (with no reduction in the present value amount contained in such Section) in the event of death or Total Disability in accordance with the payment option selected by the Employee and all other benefits shall lapse and the Option described in Section 3.1(c3.1(d) will vest and will be exercisable in accordance with the Fifth Third Stock Option Plan, or such other relevant benefit plan. (c) For the purposes of this Agreement, "Total Disability" shall be deemed to have the meaning set forth in any long term disability insurance plans in which Employee participates, or, if no such plan is in place, when the Employee shall have been unable to perform the duties of the Employee's employment by reason of illness or incapacity for a period of ninety (90) consecutive days or for a period of one hundred twenty (120) days in any period of fifty-two (52) consecutive weeks, all as determined in good faith by the Board.

Death or Total Disability. (a) The Employee's employment with the Company under this Agreement shall terminate in the event of the death or Total Disability (as defined below) of the Employee. (b) The Employee's right to receive Annual Salary under Section 3.1(b3.1(a) shall terminate at the end of the month during which death or Total Disability occurs; provided, however, that whether or not a Total Disability of the Employee shall have occurred, any payments pursuant to a salary continuation or disability insurance plan of the Company shall be deducted from any salary which may otherwise be paid to the Employee during the period of the Employee's illness or incapacity; and, provided further, that Employee shall be entitled to receive any compensation that was awarded to the Employee prior to the date of termination but remains unpaid. All retirement benefits as described in Section 3.1(d) 3.1 will be paid (with no reduction in the present value amount contained in such Section) in the event of death or Total Disability in accordance with the payment option selected by the Employee and all other benefits and the Option described in Section 3.1(c) will remain vested vest and will be exercisable in accordance with the Fifth Third Stock Option Plan, or such other relevant benefit plan. (c) For the purposes of this Agreement, "Total Disability" shall be deemed to have the meaning set forth in any long term disability insurance plans in which Employee participates, or, if no such plan is in place, when the Employee shall have been unable to perform the duties of the Employee's employment by reason of illness or incapacity for a period of ninety (90) consecutive days or for a period of one hundred twenty (120) days in any period of fifty-two (52) consecutive weeks, all as determined in good faith by the Board.