Death, Total Disability or Retirement. Employee’s employment shall terminate upon his death or retirement. If, as a result of his incapacity resulting from physical or mental illness or disease which is likely to be permanent, Employee shall have been unable to perform his duties hereunder for a period of more than 120 consecutive days during any twelve-month period, Exxxx may terminate his employment hereunder. The Chief Executive Officer and/or Board of Directors will determine if the Employee’s termination is due to total and permanent disability, according to any long-term disability plan then in effect for senior executives of Exxxx and otherwise in good faith consistent with generally prevailing practices of employers subject to the provision of 4(a) with respect to benefits.
Death, Total Disability or Retirement. (i) This agreement shall automatically terminate upon the death, total disability, or retirement of Employee.
(ii) Total disability shall be deemed to occur if, as a result of his incapacity resulting from physical or mental illness or disease (including alcohol or other substance addiction), which is likely to be permanent, Employee shall have been unable to perform his duties hereunder for a period of more than 120 consecutive days during any twelve month period. The Board of Directors (or its compensation committee if so delegated by the Board) will determine if Employee's termination is due to total and permanent disability according to any long-term disability plan then in effect for executives of T-NETIX, and otherwise in good faith consistent with generally prevailing practices of employers of like-size and industry type in the general geographic location.
(iii) Upon termination for Employee's total disability, T-NETIX shall continue Employee's participation in all T-NETIX Benefit Plans in accordance with the provisions set forth in the Long Term Disability Plan and COBRA administration plan (if such plans are then in existence).
(iv) Upon termination for Employee's retirement at any time after Employee reaches the age of 65, Employee's rights to compensation and participation in T-NETIX Benefit Plans shall end and Employee shall not be entitled to a severance/separation payment.
(v) Following any termination pursuant to this Section 5(a), Employee, Employee's heirs, administrators, executors or legal representatives, as applicable, shall have a period of one year from the date this Agreement is so terminated to exercise any vested options previously granted to Employee. All previously granted Options shall continue to vest during such one-year period in accordance with the vesting schedule included as part of the grant of the applicable Options.
Death, Total Disability or Retirement. If you cease active employment with the Xxxx Xxx Companies, because of your death or permanent and total disability (as defined under the appropriate disability benefit plan if applicable), the Award will vest immediately and be distributed to you or your estate as soon as practical. In the case of your attaining age 55 or older and, if you have at least 10 years of service with the Xxxx Xxx Companies when your employment terminates or attain age 65 regardless of service, the Award will continue to vest after your termination. These provisions apply only to Awards under this Grant Notice and Agreement; other types of awards may have different provisions.
Death, Total Disability or Retirement. If you cease active employment (i.e., cease to be coded as active on the payroll system) with the Xxxx Xxx Companies, because of your death or because you become Totally Disabled (as defined under the appropriate long term disability benefit plan if applicable), the Award will vest immediately and be distributed to you or your estate as soon as practical. In the case of your attaining age 55 or older and, if you have at least 10 years of service with the Xxxx Xxx Companies when your employment terminates or attain age 65 regardless of service, the Award will continue to vest after your termination. These provisions apply only to Awards under this Grant Notice and Agreement; other types of awards may have different provisions.
Death, Total Disability or Retirement. Employee's employment shall be deemed terminated by ORTHOFIX upon Employee's death or retirement. In addition, if as a result of Employee's incapacity resulting from physical or mental illness or disease that is likely to be permanent, Employee shall have been unable to perform Employee's duties hereunder for a period of more than 120 consecutive days during any 12-month period, and Employee is qualified and eligible to receive disability benefits under the long-term disability plan then in effect for executive officers of ORTHOFIX, ORTHOFIX may terminate Employee's employment hereunder.
Death, Total Disability or Retirement. If you cease active employment with the Tapestry Companies because of your death or Permanent and Total Disability (as defined below), all then unvested RSUs will vest as of the date of your death or the date you are determined to be Permanently and Totally Disabled, which date shall be the sole remaining Vesting Date for purposes of the Agreement. The Shares underlying the RSUs will be distributed to you (or, in the case of your death, your estate) in accordance with Section 3 of the Agreement. For purposes of the foregoing, “Permanent and Total Disability” means that you are unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve (12) months.
Death, Total Disability or Retirement. This Agreement shall terminate without action of the parties upon the occurrence of the death or the retirement of Superintendent. In the event of total disability (as defined in School’s disability insurance policy as applicable to Superintendent), the Board may terminate this contract by written notice to Superintendent at any time after Superintendent has exhausted any accumulated sick leave and such other leave as may be available.
Death, Total Disability or Retirement. If the Triggering Event was Executive’s Death, Total Disability or Retirement, then Executive shall be entitled to receive (i) Executive’s Annual Base Compensation and accrued but unpaid vacation through the date thereof; and (ii) payment of the Executive’s Incentive Compensation Bonus based on actual performance for the year in which the termination occurred, if any, pro-rated to Executive’s date of termination (payable at the same time other members of the Senior Executive Team are paid their respective incentive compensation bonuses which shall be in no event later than March 15 following the close of the Company’s fiscal year).
Death, Total Disability or Retirement. This Agreement shall be terminated upon Employee's death or retirement. This Agreement shall be terminated if, as a result of Employee's incapacity resulting from physical or mental illness or disease that is likely to be permanent, Employee is unable to perform his duties for a period of more than 120 consecutive days during any twelve (12) month period and Employee is qualified and eligible to receive disability benefits under the long-term disability plan then in effect for executive officers of Ampersand; and
Death, Total Disability or Retirement. (i) This Agreement shall automatically terminate upon the death, total disability, or retirement of Employee.
(ii) Total disability shall be deemed to occur if, as a result of his incapacity resulting from physical or mental illness or disease (including alcohol or other substance addiction) which is likely to be permanent, Employee shall have been unable to perform his duties hereunder for a period of more than 120 consecutive days during any twelve-month period. The Board will determine if Employee's termination is due to total and permanent disability according to any long-term disability plan then in effect for senior executives of T-NETIX, and otherwise in good faith consistent with generally prevailing practices of employers.
(iii) Upon termination for Employee's death, T-NETIX shall continue to pay Employee's salary to a legal representative previously designated in writing by Employee (the "Legal Representative"), or if no such designation has been made, to Employee's estate, for a period of twelve months in monthly increments.
(iv) Upon termination for Employee's total disability, T-NETIX shall continue to pay Employee's salary to the Legal Representative (or if no designation has been made, to Employee or Employee's other legal representative) and shall continue Employee's participation in all T-NETIX Benefits Plans, for a period of the lesser of the remaining term of this Agreement or six months.
