Common use of Death; Permanent Disability Clause in Contracts

Death; Permanent Disability. Upon the death of the Executive during the term of this Agreement, the Employment Term shall terminate. If during the Employment Term the Executive fails, because of illness or other incapacity, to perform the services required to be performed by him hereunder for any period of more than 90 days during any calendar year (any such illness or incapacity being hereinafter referred to as "Permanent Disability"), then the Company, in its discretion, may at any time thereafter terminate the Employment Term upon not less than 30 days' written notice thereof to the Executive, and the Employment Term shall terminate and come to an end upon the date set forth in said notice as if said date were the termination date of the Employment Term; 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.

Death; Permanent Disability. Upon This Agreement shall terminate upon the death of the Executive during the term of this Agreement, the Employment Term shall terminate. If the Executive fails to perform the services required hereunder during the Employment Term the Executive fails, term of this Agreement because of illness or other incapacity, to perform the services required to be performed by him hereunder incapacity for any consecutive period of more than 90 180 days, or for shorter periods aggregating more than 180 days during in any calendar year consecutive twelve-month period (any such illness or incapacity being hereinafter referred to as "Permanent Disabilitypermanent disability"), then the CompanyCorporation, in its discretion, may at any time thereafter terminate the Employment Term this Agreement upon not less than 30 days' 10 days written notice thereof to the Executive, and the Employment Term 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 the Employment Termthis 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.