Common use of Death, Retirement or Disability Clause in Contracts

Death, Retirement or Disability. During the Post-CIC Period, the Executive's employment shall terminate automatically upon the Executive's death or Retirement. If the Company determines in good faith that the Disability of the Executive has occurred during the Post-CIC Period, the Company may, in its discretion, give the Executive a written notice in accordance with Section 10(b) of this Agreement of the Company's intention to terminate the Executive's employment. In such event, the Executive's employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date").

Death, Retirement or Disability. During the Post-CIC Period, the Executive's ’s employment shall terminate automatically upon the Executive's ’s death or Retirement. If the Company determines in good faith that the Disability of the Executive has occurred during the Post-CIC Period, the Company may, in its discretion, give the Executive a written notice in accordance with Section 10(b) of this Agreement of the Company's ’s intention to terminate the Executive's ’s employment. In such event, the Executive's ’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "“Disability Effective Date"”).