Death; Total Disability. Executive's employment hereunder shall terminate upon Executive's death, and the Company may terminate Executive's employment hereunder in the event of Executive's "Total Disability." For purposes of this Agreement, "Total Disability" shall mean Executive's failure to perform the duties and responsibilities contemplated under this Agreement for a period of more than 180 days during any consecutive 12-month period, due to physical or mental incapacity or impairment as determined by a physician or physicians selected by the Company and reasonably acceptable to Executive unless, within 30 days after Executive has received written notice from the Company of a proposed termination due to such failure (as determined in accordance with the foregoing provisions of this sentence) which notice shall include a copy of the findings of such physician or physicians and shall refer to this Section 6(a), Executive shall have returned to the full performance of his duties hereunder and shall have presented to the Company a written certificate of Executive's good health by a physician selected by Executive and reasonably acceptable to the Company.
Death; Total Disability. Executive’s employment will automatically terminate upon Executive’s death. Executive’s employment will terminate upon Executive becoming “Totally Disabled.” Executive will be considered “Totally Disabled” if Executive has been physically or mentally incapacitated so as to render Executive incapable of performing the essential functions of any substantial gainful activity that is expected to result in death or to last for a continuous period of at least 12 months. Executive’s receipt of disability benefits under the Company’s long-term disability plan or receipt of Social Security disability benefits will be deemed conclusive evidence of Total Disability for purposes of this Agreement.
Death; Total Disability. Upon the termination of the Employment Term by reason of the death or Total Disability of the Employee pursuant to Sections 2.2(a) or (b) hereof, the Employee (or, in the case of death, his estate) shall be entitled to receive (a) any accrued yet unpaid base salary through the date of death or determination of Total Disability, (b) an amount equal to twelve (12) months of his then current base salary, (c) any accrued yet unpaid bonus payable on account of any calendar year ending prior to the year in which the death or determination of Total Disability occurs, (d) a pro-rata bonus payable on account of the year in which the death or determination of Total Disability occurs (assuming for purposes of this subclause (d) that the bonus for such year equals the average bonus Employee had received each year for the two years immediately preceding the year in which the death or determination of Total Disability occurs), (e) benefits through the date of death or determination of Total Disability, (f) reimbursement of reimbursable expenses incurred prior to the date of death or determination of Total Disability, and (g) any vacation pay on account of unused vacation accruing prior to the date of death or determination of Total Disability.
Death; Total Disability. If the Employee dies while in the employ of the Company, this option may be exercised, to the extent of the number of shares with respect to which the Employee could have exercised it on the date of his death, by his estate, personal representative or beneficiary to whom this option has been assigned pursuant to Section 10, at any time within one year after the date of death, but not later than the scheduled expiration date. If the Employee suffers a Total Disability (as defined in the Plan), this option may be exercised, to the extent of the number of shares with respect to which he could have exercised it on the date of the Employee’s Total Disability, at any time within one year after the date of the Employee’s Total Disability, but not later than the scheduled expiration date. At the expiration date of such one year period or the scheduled expiration date, whichever is the earlier, this option shall terminate and the only rights hereunder shall be those as to which the option was properly exercised before such termination.
Death; Total Disability. Subject to the terms of Section 2.4(d) below, upon the termination of the Employment Term by reason of the death or Total Disability of the Executive, the Executive (or, in the case of death, his estate) shall be entitled to receive his base salary through the date of death or determination of Total Disability and to the end of his employment agreement. If there is less than 12 months remaining on the agreement the continuation of full compensation for the greater of the duration of the remaining entire employment agreement or 12 months.
Death; Total Disability. The survivors of an employee who dies or is unable to work due to a disability prior to December 31 shall be entitled to any unused vacation not taken by the employee during the calendar year of death or disability.
Death; Total Disability. Upon the termination of the Employment Term by reason of the death or Total Disability of the Employee, pursuant to Sections 2.2(a) or (b), the Employee (or, in the case of death, his estate) shall be entitled to receive his base salary through the date of death or determination of Total Disability plus twelve (12) months, which shall include any of his unused vacation pay and unpaid bonus (if any) (subject to applicable withholding tax) based on the percentage of the calendar year through the date of termination of employment, multiplied by the bonus earned by the Employee in the immediately preceding calendar year.
Death; Total Disability. (a) Executive's employment shall terminate upon Executive's death. The Company may terminate Executive's employment upon his becoming "Totally Disabled." For purposes of this Agreement, Executive shall be "Totally Disabled" if Executive is physically or mentally incapacitated so as to render Executive incapable of performing the essential functions of his position with or without reasonable accommodation, for a period of more than 180 days. Executive's receipt of disability benefits under the Company's long-term disability benefits plan or receipt of Social Security disability benefits shall be deemed conclusive evidence that Executive is Totally Disabled for purpose of this Agreement. In the absence of Executive's receipt of such long-term disability benefits or Social Security benefits, the determination of whether Executive is Totally Disabled will be made by a personal physician selected by Executive (or his legal representative) and approved by the Compensation Committee. The determination of such personal physician shall be final and binding, unless it is determined to have been arbitrary and capricious.
(b) Upon termination of the employment of Executive due to death or Total Disability during the Term, Executive (or Executive's executors, legal representatives or administrators, as applicable) will be entitled to receive the following payments and benefits:
(i) Accrued but unpaid Base Salary through the date of termination;
(ii) Reimbursement for any unreimbursed business expenses and such employee benefits, if any, that Executive may be entitled to under the employee benefit plans of the Company (excluding any severance plan), including amounts with respect to any accrued paid time off that has not been paid;
(iii) Within thirty (30) days of termination of employment, a lump sum payment in an amount equal to Base Salary (as in effect on the date of termination); and
(iv) A pro rata portion of the Incentive, if any, that Executive would have been entitled to receive pursuant to Section 5 hereof in the year of Executive's death or Total Disability (i) based upon the percentage of the fiscal year that shall have elapsed through the date of Executive's termination of employment and (ii) to the extent payment of the Incentive is based upon individual performance criteria, based upon the actual performance of Executive during the portion of such fiscal year that Executive was employed by the Company prior to such death or Total Disability, payable when ...
Death; Total Disability. Subject to the terms of Section 2.4(d) below, upon the termination of the Employment Term by reason of the death or Total Disability of the Employee, pursuant to Sections 2.2(a) or (b), the Employee (or, in the case of death, his estate) shall be entitled to receive his base salary through the date of death or determination of Total Disability and to the end of his employment agreement. If there is less than 12 months remaining on the agreement the continuation of full compensation for the greater of the duration of the remaining entire employment agreement or 12 months.
Death; Total Disability. Executive’s employment hereunder shall terminate upon Executive’s death, and the Company may terminate Executive’s employment hereunder in the event of Executive’s “Total Disability.” For purposes of this Agreement, “Total Disability” shall mean Executive’s (a) becoming eligible to receive benefits under any long-term disability insurance program or (b) failure to perform the duties and responsibilities contemplated under this Agreement for a period of more than 180 days during any consecutive 12-month period due to physical or mental incapacity or impairment.
