Common use of Death; Permanent Disability Clause in Contracts

Death; Permanent Disability. Upon the death of the Executive during the term of this Agreement, this Agreement shall terminate. If during the term of this Agreement the Executive fails because of illness or other incapacity to perform the services required to be performed by him hereunder for any consecutive period of more than 90 days, or for shorter periods aggregating more than 120 days in any consecutive twelve-month period (any such illness or incapacity being hereinafter referred to as "permanent disability"), then the Company, in its discretion, may at any time thereafter terminate this Agreement upon not less than 10 days' written notice thereof to the Executive, and this Agreement shall terminate and come to an end upon the date set forth in said notice as if said date were the termination date of this Agreement; provided, however, that no such termination shall be effective if prior to the date when such notice is given, the Executive's illness or incapacity shall have terminated and he shall be physically and mentally able to perform the services required hereunder and shall have taken up and be performing such duties. If the Executive's employment shall be terminated by reason of his death or permanent disability, the Executive or his estate, as the case may be, shall be entitled to receive (i) any earned and unpaid salary accrued through the date of termination, (ii) a pro rata portion of any annual bonus which the Executive would otherwise have been entitled to receive pursuant to any bonus plan or arrangement for senior executives of the Company (such pro rata portion to be payable at the time such annual bonus would otherwise have been payable to the Executive) and (iii) subject to the terms thereof, any benefits which may be due to the Executive on the date of termination under the provisions of any employee benefit plan, program or policy.

Death; Permanent Disability. Upon the death of the Executive during the term of this Agreement, this Agreement shall terminate. If during the term of this Agreement the Executive fails because of illness or other incapacity to perform the services required to be performed by him hereunder for any consecutive period of more than 90 60 days, or for shorter periods aggregating more than 120 60 days in any consecutive twelve-month period (any such illness or incapacity being hereinafter referred to as "permanent disability"), then the Company, in its discretion, may at any time thereafter terminate this Agreement upon not less than 10 days' written notice thereof to the Executive, and this Agreement shall terminate and come to an end upon the date set forth in said notice as if said date were the termination date of this Agreement; provided, however, that no such termination shall be effective if prior to the date when such notice is given, the Executive's illness or incapacity shall have terminated and he shall be physically and mentally able to perform the services required hereunder and shall have taken up and be performing such duties. If the Executive's employment shall be terminated by reason of his death or permanent disability, the Executive or his estate, as the case may be, shall be entitled to receive (i) any earned and unpaid salary accrued through the date of termination, (ii) a pro rata portion of any annual bonus which the Executive would otherwise have been entitled to receive pursuant to any bonus plan or arrangement for senior executives of the Company (such pro rata portion to be payable at the time such annual bonus would otherwise have been payable to the Executive) and (iii) subject to the terms thereof, any benefits which may be due to the Executive on the date of termination under the provisions of any employee benefit plan, program or policy.

Death; Permanent Disability. Upon In the event of the death of the Executive Xxxxxxxx during the term of this Agreement, this Agreement shall terminate. If during the term of this Agreement the Executive Xxxxxxxx fails because of illness or other incapacity to perform the services required to be performed by him hereunder for any consecutive period of more than 90 120 days, or for shorter periods aggregating more than 120 180 days in any consecutive twelve-month period (any such illness or incapacity being hereinafter referred to as a "permanent disability"), then the Company, in its discretion, may at any time thereafter terminate this Agreement upon not less than 10 days' written notice thereof to the ExecutiveXxxxxxxx, and this Agreement shall terminate and come to an end upon the date set forth in said notice as if said date were the termination date of this Agreement; provided, however, that no such termination shall be effective if prior to the date when such notice is given, the Executive's Xxxxxxxx'x illness or incapacity shall have terminated and he shall be physically and mentally able to perform the services required hereunder and shall have taken up and be performing such duties. If the Executive's Xxxxxxxx'x employment shall be terminated by reason of his death or permanent disability, the Executive Xxxxxxxx or his estate, as the case may be, shall be entitled to receive (i) any earned and unpaid salary accrued through the date of termination, (ii) a pro rata portion of any annual bonus which the Executive Xxxxxxxx would otherwise have been entitled to receive pursuant to any bonus plan or arrangement for senior executives of the Company (such pro rata portion to be payable at the time such annual bonus would otherwise have been payable to the Executive) and (iii) subject to the terms thereof, any benefits which may be due to the Executive Xxxxxxxx on the date of termination under the provisions of any employee benefit plan, program or policy.

Death; Permanent Disability. Upon the death of the Executive during the term of this Agreement, the term of this Agreement shall terminate. If during the term of this Agreement the Executive fails because of illness or other incapacity to perform the services required to be performed by him hereunder for any consecutive period of more than 90 60 days, or for shorter periods aggregating more than 120 60 days in any consecutive twelve-month period (any such illness or incapacity being hereinafter referred to as "permanent disability"), then the Company, in its discretion, may at any time thereafter terminate this Agreement the Term upon not less than 10 days' written notice thereof to the Executive, and this Agreement shall terminate and come to an end upon the date set forth in said notice as if said date were the termination date of this Agreement; provided, however, that no such termination shall be effective if prior to the date when such notice is given, the Executive's illness or incapacity shall have terminated and he shall be physically and mentally able to perform the services required hereunder and shall have taken up and be performing such duties. If the Executive's employment shall be terminated by reason of his death or permanent disability, the Executive or his estate, as the case may be, shall be entitled to receive (i) any earned and unpaid salary accrued through the date of termination, (ii) a pro rata portion of any annual bonus which the Executive would otherwise have been entitled to receive pursuant to any bonus plan or arrangement for senior executives of the Company (such pro rata portion to be payable at the time such annual bonus would otherwise have been payable to the Executive) and (iii) subject to the terms thereof, any benefits which may be due to the Executive on the date of termination under the provisions of any employee benefit plan, program or policy.

Death; Permanent Disability. Upon In the event of the death of the Executive Giussani during the term of this Agreement, this Agreement shall terminate. If during the term of this Agreement the Executive Giussani fails because of illness or other incapacity to perform the services required to be performed by him hereunder for any consecutive period of more than 90 120 days, or for shorter periods aggregating more than 120 180 days in any consecutive twelve-month period (any such illness or incapacity being hereinafter referred to as a "permanent disability"), then the Company, in its discretion, may at any time thereafter terminate this Agreement upon not less than 10 days' written notice thereof to the ExecutiveGiussani, and this Agreement shall terminate and come to an end upon the date set forth in said notice as if said date were the termination date of this Agreement; provided, however, that no such termination shall be effective if prior to the date when such notice is given, the ExecutiveGiussani's illness or incapacity shall have terminated and he shall be physically and mentally able to perform the services required hereunder and shall have taken up and be performing such duties. If the ExecutiveGiussani's employment shall be terminated by reason of his death or permanent disability, the Executive Giussani or his estate, as the case may be, shall be entitled to receive (i) any earned and unpaid salary accrued through the date of termination, (ii) a pro rata portion of any annual bonus which the Executive Giussani would otherwise have been entitled to receive pursuant to any bonus plan or arrangement for senior executives of the Company (such pro rata portion to be payable at the time such annual bonus would otherwise have been payable to the Executive) and (iii) subject to the terms thereof, any benefits which may be due to the Executive Giussani on the date of termination under the provisions of any employee benefit plan, program or policy.

Death; Permanent Disability. Upon This Agreement shall terminate upon the death of the Executive during the term of this Agreement, this Agreement shall terminateexcept as otherwise provided herein. If the Executive fails to perform the services required hereunder during the term of this Agreement the Executive fails because of illness or other incapacity to perform the services required to be performed by him hereunder for any consecutive period of more than 90 180 days, or for shorter periods aggregating more than 120 180 days in any consecutive twelve-month period (any such illness or incapacity being hereinafter referred to as "permanent disability"), then the CompanyCorporation, in its discretion, may at any time thereafter terminate this Agreement upon not less than 10 days' days written notice thereof to the Executive, and this Agreement agreement shall terminate and come to an end upon the date set forth in said notice as if said date were the termination date of this Agreement; provided, however, that no such termination shall be not become effective if if, prior to the date when such notice is given, the Executive's illness or incapacity shall have terminated end and he shall be physically and mentally able to perform the services required hereunder hereunder, and shall have taken up and be begun performing such duties. If the Executive's employment shall be terminated by reason of his death or permanent disability, the Corporation shall be obligated to pay the Executive or his estate, as the case may becommencing immediately, shall be entitled to receive (i) any earned and unpaid a lump sum payment equal to the Executive's base salary accrued through for the date remaining term of termination, this Agreement; (ii) a pro rata portion of any annual bonus which the Executive would otherwise have been entitled to receive pursuant to any bonus plan or arrangement for senior executives of the Company (such pro rata portion to be payable at the time such annual bonus would otherwise have been payable to the Executive) and (iii) subject to the terms thereof, any benefits which may be due to the Executive on the date of termination under the provisions of any employee benefit plan, program or policy.receive

Death; Permanent Disability. Upon This Agreement shall terminate upon the death of the Executive during the term of this Agreement, this Agreement shall terminateexcept as otherwise provided herein. If the Executive fails to perform the services required hereunder during the term of this Agreement the Executive fails because of illness or other incapacity to perform the services required to be performed by him hereunder for any consecutive period of more than 90 270 days, or for shorter periods aggregating more than 120 270 days in any consecutive twelve-month period (any such illness or incapacity being hereinafter referred to as "permanent disability"), then the CompanyCorporation, in its discretion, may at any time thereafter terminate this Agreement upon not less than 10 days' days written notice thereof to the Executive, and this Agreement agreement shall terminate and come to an end upon the date set forth in said notice as if said date were the termination date of this Agreement; provided, however, that no such termination shall be not become effective if if, prior to the date when such notice is given, the Executive's illness or incapacity shall have terminated end and he shall be physically and mentally able to perform the services required hereunder hereunder, and shall have taken up and be begun performing such duties. If the Executive's employment shall be terminated by reason of his death or permanent disability, the Corporation shall be obligated to pay the Executive or his estate, as the case may becommencing immediately, shall be entitled to receive (i) any earned and unpaid a lump sum payment equal to the Executive's base salary accrued through for the date remaining term of termination, this Agreement; (ii) a pro rata portion of any annual bonus which the Executive would otherwise have been entitled to receive pursuant to any bonus plan or arrangement for senior executives of the Company Corporation (such pro rata portion to be payable at the time such annual bonus would otherwise have been payable to the Executive) and ); and, (iii) subject to the terms thereof, any benefits which may be due to the Executive on the date of termination by reason of death or disability under the provisions of this Agreement, or any employee benefit plan, program or policy.

Death; Permanent Disability. Upon In the event of the death of the Executive Seefried ---------------------------- during the term of this xx xxxx Agreement, this Agreement shall terminate. If during the term of this Agreement the Executive Seefried fails because of illness or other incapacity to perform the services xxx xxxxices required to be performed by him hereunder for any consecutive period of more than 90 120 days, or for shorter periods aggregating more than 120 180 days in any consecutive twelve-month period (any such illness or incapacity being hereinafter referred to as a "permanent disability"), then the Company, in its discretion, may at any time thereafter terminate this Agreement upon not less than 10 days' written notice thereof to the ExecutiveSeefried, and this Agreement shall terminate and come to an end upon the uxxx xxx date set forth se tforth in said notice as if said date were the termination date of this Agreement; provided, however, that no such termination shall be effective if prior to the date when such notice is given, the ExecutiveSeefried's illness or incapacity shall have terminated and he shall be physically shaxx xx xxxxically and mentally able to perform the services required hereunder and shall have taken up and be performing such duties. If the ExecutiveSeefried's employment shall be terminated by reason of his death or permanent xx xxxxxxxnt disability, the Executive Seefried or his estate, as the case may be, shall be entitled to receive xxxxxxx (i) any earned and unpaid salary accrued through the date of termination, (ii) a pro rata portion of any annual bonus which the Executive Seefried would otherwise have been entitled to receive pursuant to any bonus tx xxx xxnus plan or arrangement for senior executives of the Company Company, (such pro rata portion to be payable at iii) options on the time such annual Company's Common stock awarded in accordance with the above paragraphs on the additional financing performance bonus would otherwise have been payable to or the Executive) strategic relationships performance bonus as designated in this employment agreement and (iiiiv) subject to the terms thereof, any benefits which that may be due to the Executive Seefried on the date of termination under the provisions of any employee exxxxxxx benefit plan, program or policy.

Death; Permanent Disability. Upon In the event of the death of the Executive Xxxxxxx during the term of this Agreement, this Agreement shall terminate. If during the term of this Agreement the Executive Xxxxxxx fails because of illness or other incapacity to perform the services required to be performed by him hereunder for any consecutive period of more than 90 120 days, or for shorter periods aggregating more than 120 180 days in any consecutive twelve-month period (any such illness or incapacity being hereinafter referred to as a "permanent disability"), then the Company, in its discretion, may at any time thereafter terminate this Agreement upon not less than 10 days' written notice thereof to the ExecutiveXxxxxxx, and this Agreement shall terminate and come to an end upon the date set forth in said notice as if said date were the termination date of this Agreement; provided, however, that no such termination shall be effective if prior to the date when such notice is given, the Executive's Xxxxxxx'x illness or incapacity shall have terminated and he shall be physically and mentally able to perform the services required hereunder and shall have taken up and be performing such duties. If the Executive's Xxxxxxx'x employment shall be terminated by reason of his death or permanent disability, the Executive Xxxxxxx or his estate, as the case may be, shall be entitled to receive (i) any earned and unpaid salary accrued through the date of termination, (ii) a pro rata portion of any annual bonus which the Executive Xxxxxxx would otherwise have been entitled to receive pursuant to any bonus plan or arrangement for senior executives of the Company (such pro rata portion to be payable at the time such annual bonus would otherwise have been payable to the Executive) and (iii) subject to the terms thereof, any benefits which may be due to the Executive Xxxxxxx on the date of termination under the provisions of any employee benefit plan, program or policy.

Death; Permanent Disability. Upon In the event of the death of the Executive ---------------------------- Employee during the term of this Agreement, this Agreement shall terminate. If during the term of this Agreement the Executive Employee fails because of illness or other incapacity to perform the services required to be performed by him hereunder for any consecutive period of more than 90 120 days, or for shorter periods aggregating more than 120 180 days in any consecutive twelve-month period (any such illness or incapacity being hereinafter referred to as a "permanent disability"), then the Company, in its discretion, may at any time thereafter terminate this Agreement upon not less than 10 days' written notice thereof to the ExecutiveEmployee, and this Agreement shall terminate and come to an end upon the date set forth in said notice as if said date were the termination date of this Agreement; provided, however, that no such termination shall be effective if prior to the date when such notice is given, the ExecutiveEmployee's illness or incapacity shall have terminated and he shall be physically and mentally able to perform the services required hereunder and shall have taken up and be performing such duties. If the ExecutiveEmployee's employment shall be terminated by reason reasons of his death or permanent disability, the Executive Employee or his estate, as the case may be, shall be entitled to receive (i) any earned and unpaid salary accrued through the date of termination, (ii) a pro rata portion of any annual bonus which the Executive would otherwise have been entitled to receive pursuant to any bonus plan or arrangement for senior executives of the Company (such pro rata portion to be payable at the time such annual bonus would otherwise have been payable to the Executive) and (iii) subject to the terms thereof, any benefits which may be due to the Executive Employee on the date of termination under the provisions of any employee benefit plan, program or policy.

Death; Permanent Disability. Upon the death of the Executive during the term of this Agreement, this Agreement shall terminate. If during the term of this Agreement the Executive fails because of illness or other incapacity to perform the services required to be performed by him her hereunder for any consecutive period of more than 90 60 days, or for shorter periods aggregating more than 120 60 days in any consecutive twelve-month period (any such illness or incapacity being hereinafter referred to as "permanent disability"), then the Company, in its discretion, may at any time thereafter terminate this Agreement upon not less than 10 days' 30 days written notice thereof to the Executive, and this Agreement shall terminate and come to an end upon the date set forth in said notice as if said date were the termination date of this Agreement; provided, however, that no such termination shall be effective if prior to the date when such notice is given, the Executive's illness or incapacity shall have terminated and he she shall be physically and mentally able to perform the services required hereunder and shall have taken up and be performing such duties. If the Executive's employment shall be terminated by reason of his her death or permanent disability, the Executive or his her estate, as the case may be, shall be entitled to receive (i) any earned and unpaid salary accrued through the date of termination, (ii) a pro rata portion of any annual bonus which the Executive would otherwise have been entitled to receive pursuant to any bonus plan or arrangement for senior executives of the Company (such pro rata portion to be payable at the time such annual bonus would otherwise have been payable to the Executive) and (iii) subject to the terms thereof, any benefits which may be due to the Executive on the date of termination under the provisions of any employee benefit plan, program or policy.