Common use of Disability of Executive Clause in Contracts

Disability of Executive. If the Executive shall, during the term of this Agreement, suffer a "Disability," (as defined, from time to time, in a disability plan that the Company may maintain for the benefit of its senior officers (a "Disability Plan") or, whenever no such Disability Plan exists, as defined in accordance with the meanings on Exhibit A hereto), then the Employer shall have the right to terminate this Agreement by written notice of such Disability to the Executive, whereupon the Employer's obligations and agreements under this Agreement shall automatically terminate as of the date of such notice, and in full satisfaction thereof, the Company shall pay to the Executive any base salary and pro rata performance bonus earned and unpaid through the date of such notice (less any payments received by the Executive under a Disability Plan) and any business expenses or other fringe benefits otherwise due to Executive. Executive shall also be entitled to payment for (i) any bonus earned in the year preceding such termination but not yet paid and (ii) accrued but unused vacation days during the year such termination occurs. No such termination shall be deemed a "Termination Without Cause" as defined below. All other obligations of the Employer under this Agreement shall automatically cease, and the Executive shall not be entitled to any other salary, payments or benefits otherwise payable under this Agreement, except as otherwise required by law.

Disability of Executive. If the Executive shall, during the term of this Agreement, suffer a "Disability," (as defined, from time to time, in a disability plan that the Company may maintain for the benefit of its senior officers (a "Disability Plan") or, whenever no such Disability Plan exists, as defined in accordance with the meanings on Exhibit A hereto), then the Employer Company shall have the right to terminate this Agreement by written notice of such Disability to the Executive, whereupon the EmployerCompany's obligations and agreements under this Agreement shall automatically terminate as of the date of such notice, and in full satisfaction thereof, the Company shall pay to the Executive any base salary and pro rata performance bonus earned and unpaid through the date of such notice (less any payments received by the Executive under a Disability Plan) and any business expenses or other fringe benefits otherwise due to Executive. Executive shall also be entitled to payment for (i) any bonus earned in the year preceding such termination but not yet paid and (ii) accrued but unused vacation days during the year such termination occurs. No such termination shall be deemed a "Termination Without Cause" as defined below". All other obligations of the Employer Company under this Agreement shall automatically cease, and the Executive shall not be entitled to any other salary, payments or benefits otherwise payable under this Agreement, except as otherwise required by law.

Disability of Executive. If the Executive shall, during the term of this Agreement, suffer a "Disability," (as defined, from time to time, in a disability plan that the Company may maintain for the benefit of its senior officers (a "Disability Plan") or, whenever no such Disability Plan exists, as defined in accordance with the meanings on Exhibit A hereto), then the Employer shall have the right to terminate this Agreement by written notice of such Disability to the Executive, whereupon the Employer's obligations and agreements under this Agreement shall automatically terminate as of the date of such notice, and in full satisfaction thereof, the Company shall pay to the Executive any base salary and pro rata performance bonus earned and unpaid through the date of such notice (less any payments received by the Executive under a Disability Plan) and any business expenses or other fringe benefits otherwise due to Executive. Executive shall also be entitled to payment for (i) any bonus earned in the year preceding such termination but not yet paid and (ii) accrued but unused vacation days during the year such termination occurs. No such termination shall be deemed a "Termination Without Cause" as defined below. All other obligations of the Employer under this Agreement shall automatically cease, and the Executive shall not be entitled to any other salary, payments or benefits otherwise payable under this Agreement, except as otherwise required by law.

Disability of Executive. If the Executive shall, during the term of this Agreement, suffer a "“Disability," ” (as defined, from time to time, in a disability plan that the Company may maintain for the benefit of its senior officers (a "“Disability Plan"”) or, whenever no such Disability Plan exists, as defined in accordance with the meanings meaning on Exhibit A heretoattached hereto and made a part hereof), then the Employer Company shall have the right to terminate this Agreement by written notice of such Disability to the Executive, whereupon the Employer's Company’s obligations and agreements under this Agreement shall automatically terminate as of the date of such notice, and in full satisfaction thereof, the Company shall pay to the Executive any base salary and pro rata performance bonus Base Salary earned and unpaid through the date of such notice (less any payments received by the Executive under a Disability Plan) and any business expenses or other fringe benefits otherwise due to Executive. Executive shall also be entitled to payment for (i) any bonus Retention Bonus earned in the year preceding but not yet paid, which such termination Retention Bonus shall not be subject to repayment pursuant to Section 12, (ii) any Sales Bonus earned but not yet paid and (iiiii) accrued but unused vacation days during the calendar year such termination occurs. No such termination shall be deemed a "“Termination Without Cause" ” as defined in Section 14 below. Such payments shall be provided to Executive’s heirs or estate, as applicable, within the time frame otherwise provided under this Agreement or, in case of any accrued but unused vacation days, on the next regular pay period that follows Executive’s termination due to his Disability. All other obligations of the Employer Company under this Agreement shall automatically cease, and the Executive shall not be entitled to any other salary, payments or benefits otherwise payable under this Agreement, except as otherwise required by law.

Disability of Executive. If the Executive shall, during the term of this Agreement, suffer a "Disability," (as defined, from time to time, in a disability plan that the Company may maintain for the benefit of its senior officers (a "Disability Plan") or, whenever no such Disability Plan exists, as defined in accordance with the meanings on Exhibit A hereto), then the Employer Company shall have the right to terminate this Agreement by written notice of such Disability to the Executive, whereupon the EmployerCompany's obligations and agreements under this Agreement shall automatically terminate as of the date of such notice, and in full satisfaction thereof, the Company shall pay to the Executive any base salary and pro rata performance bonus earned and unpaid through the date of such notice (less any payments received by the Executive under a Disability Plan) and any business expenses or other fringe benefits otherwise due to Executive. Executive shall also be entitled to payment for (i) any bonus earned in the contract year preceding such termination but not yet paid and (ii) accrued but unused vacation days during the year such termination occurs. No such termination shall be deemed a "Termination Without Cause" as defined below". All other obligations of the Employer Company under this Agreement shall automatically cease, and the Executive shall not be entitled to any other salary, payments or benefits otherwise payable under this Agreement, except as otherwise required by law.

Disability of Executive. If the Executive shall, during the term of this Agreement, suffer a "“Disability," ” (as defined, from time to time, in a disability plan that the Company may maintain for the benefit of its senior officers (a "“Disability Plan"”) or, whenever no such Disability Plan exists, as defined in accordance with the meanings on Exhibit A A-1 hereto), then the Employer Company shall have the right to terminate this Agreement and Executive’s employment by written notice of such Disability to the Executive, whereupon the Employer's Company’s obligations and agreements under this Agreement shall automatically terminate as of the date of such notice, and in full satisfaction thereof, the Company shall pay to the Executive any base salary and pro rata performance bonus earned and unpaid through the date of such notice (less any payments received by the Executive under a Disability Plan) and any business expenses or other fringe benefits otherwise due to Executive. Executive shall also be entitled to payment for (i) any bonus earned in the year preceding such termination but not yet paid and (ii) accrued but unused vacation days during the year such termination occursoccurs and (iii) effective January 1, 2009, premiums for any existing health and medical insurance coverage for Executive through April 17, 2010. No such termination shall be deemed a "“Termination Without Cause" as defined below”. Payment of amounts owed under this Section 13 (except for the insurance premiums) shall be made in a lump sum cash payment within fifteen (15) days after the date of the Executive’s termination of employment. All other obligations of the Employer Company under this Agreement shall automatically cease, and the Executive shall not be entitled to any other salary, payments or benefits otherwise payable under this Agreement, except as otherwise required by law.

Disability of Executive. If the Executive shall, during the term of this Agreement, suffer a "Disability," (as defined, from time to time, in a disability plan that the Company may maintain for the benefit of its senior officers (a "Disability Plan") or, whenever no such Disability Plan exists, as defined in accordance with the meanings on Exhibit A hereto), then the Employer Company shall have the right to terminate this Agreement by written notice of such Disability to the Executive, whereupon the EmployerCompany's obligations and agreements under this Agreement shall automatically terminate as of the date of such notice, and in full satisfaction thereof, the Company shall pay to the Executive any base salary and pro rata performance bonus earned and unpaid through the date of such notice (less any payments received by the Executive under a Disability Plan) and any business expenses or other fringe benefits otherwise due to Executive. Executive shall also be entitled to payment for (i) any bonus earned in the year preceding such termination but not yet paid and (ii) accrued but unused vacation days during the year such termination occursoccurs and (iii) premiums for any existing health and medical insurance coverage for Executive through the third anniversary date of the Commencement Date. No such termination shall be deemed a "Termination Without Cause" as defined below". All other obligations of the Employer Company under this Agreement shall automatically cease, and the Executive shall not be entitled to any other salary, payments or benefits otherwise payable under this Agreement, except as otherwise required by law.

Disability of Executive. If the Executive shall, during the term of this Agreement, suffer a "“Disability," ” (as defined, from time to time, in a disability plan that the Company may maintain for the benefit of its senior officers (a "“Disability Plan"”) or, whenever no such Disability Plan exists, as defined in accordance with the meanings on Exhibit A A-1 hereto), then the Employer Company shall have the right to terminate this Agreement and the Executive’s employment by written notice of such Disability to the Executive, whereupon the Employer's Company’s obligations and agreements under this Agreement shall automatically terminate as of the date of such notice, and in full satisfaction thereof, the Company shall pay to the Executive any base salary and pro rata performance bonus earned and unpaid through the date of such notice (less any payments received by the Executive under a Disability Plan) and any business expenses or other fringe benefits otherwise due to Executive. Executive shall also be entitled to payment for (i) any bonus Bonus earned in the year preceding such termination but not yet paid and (ii) accrued but unused vacation days during the year such termination occurs. No such termination shall be deemed a "“Termination Without Cause" as defined below”. Payment of amounts owed under this Paragraph 12 shall be made in a lump sum cash payment within fifteen (15) days after the date of the Executive’s termination of employment. All other obligations of the Employer Company under this Agreement shall automatically cease, and the Executive shall not be entitled to any other salary, payments or benefits otherwise payable under this Agreement, except as otherwise required by law.

Disability of Executive. If the Executive shall, during the term of this Agreement, suffer a "Disability," (as defined, from time to time, in a disability plan that the Company may maintain for the benefit of its senior officers (a "Disability Plan") or, whenever no such Disability Plan exists, as defined in accordance with the meanings on Exhibit A hereto), then the Employer Company shall have the right to terminate this Agreement by written notice of such Disability to the Executive, whereupon the Employer's Company’s obligations and agreements under this Agreement shall automatically terminate as of the date of such notice, and in full satisfaction thereof, the Company shall pay to the Executive any base salary and pro rata performance bonus earned and unpaid through the date of such notice (less any payments received by the Executive under a Disability Plan) and any business expenses or other fringe benefits otherwise due to Executive. Executive shall also be entitled to payment for (i) any bonus earned in the contract year preceding such termination but not yet paid and (ii) accrued but unused vacation days during the year such termination occurs. No such termination shall be deemed a "Termination Without Cause" as defined below”. All other obligations of the Employer Company under this Agreement shall automatically cease, and the Executive shall not be entitled to any other salary, payments or benefits otherwise payable under this Agreement, except as otherwise required by law.

Disability of Executive. If the Executive shall, during the term of this Agreement, suffer a "“Disability," ” (as defined, from time to time, in a disability plan that the Company may maintain for the benefit of its senior officers (a "“Disability Plan"”) or, whenever no such Disability Plan exists, as defined in accordance with the meanings on Exhibit A A-1 hereto), then the Employer Company shall have the right to terminate this Agreement and Executive’s employment by written notice of such Disability to the Executive, whereupon the Employer's Company’s obligations and agreements under this Agreement shall automatically terminate as of the date of such notice, and in full satisfaction thereof, the Company shall pay to the Executive any base salary and pro rata performance bonus earned and unpaid through the date of such notice (less any payments received by the Executive under a Disability Plan) and any business expenses or other fringe benefits otherwise due to Executive. Executive shall also be entitled to payment for (i) any bonus earned in the year preceding such termination but not yet paid and (ii) accrued but unused vacation days during the year such termination occurs. No such termination shall be deemed a "“Termination Without Cause" as defined below”. Payment of amounts owed under this Section 13 shall be made in a lump sum cash payment within fifteen (15) days after the date of the Executive’s termination of employment. All other obligations of the Employer Company under this Agreement shall automatically cease, and the Executive shall not be entitled to any other salary, payments or benefits otherwise payable under this Agreement, except as otherwise required by law.

Disability of Executive. If the Executive shall, during the term of this Agreement, suffer a "“Disability," ” (as defined, from time to time, in a disability plan that the Company may maintain for the benefit of its senior officers (a "“Disability Plan"”) or, whenever no such Disability Plan exists, as defined in accordance with the meanings on Exhibit A A-1 hereto), then the Employer Company shall have the right to terminate this Agreement and the Executive’s employment by written notice of such Disability to the Executive, whereupon the Employer's Company’s obligations and agreements under this Agreement shall automatically terminate as of the date of such notice, and in full satisfaction thereof, the Company shall pay to the Executive any base salary and pro rata performance bonus earned and unpaid through the date of such notice (less any payments received by the Executive under a Disability Plan) and any business expenses or other fringe benefits otherwise due to Executive. Executive shall also be entitled to payment for (i) any bonus earned in the year preceding such termination but not yet paid and (ii) accrued but unused vacation days during the year such termination occurs. No such termination shall be deemed a "“Termination Without Cause" as defined below”. Payment of amounts owed under this Section 12 shall be made in a lump sum cash payment within fifteen (15) days after the date of the Executive’s termination of employment. All other obligations of the Employer Company under this Agreement shall automatically cease, and the Executive shall not be entitled to any other salary, payments or benefits otherwise payable under this Agreement, except as otherwise required by law.

Disability of Executive. If the Executive shall, during the term of this Agreement, suffer a "“Disability," ” (as defined, from time to time, in a disability plan that the Company may maintain for the benefit of its senior officers (a "“Disability Plan"”) or, whenever no such Disability Plan exists, as defined in accordance with the meanings on Exhibit A hereto), then the Employer Company shall have the right to terminate this Agreement by written notice of such Disability to the Executive, whereupon the Employer's Company’s obligations and agreements under this Agreement shall automatically terminate as of the date of such notice, and in full satisfaction thereof, the Company shall pay to the Executive any base salary and pro rata performance bonus earned and unpaid through the date of such notice (less any payments received by the Executive under a Disability Plan) and any business expenses or other fringe benefits otherwise due to Executive. Executive shall also be entitled to payment for (i) any bonus Bonus earned in the year preceding such termination but not yet paid and (ii) any accrued but unused vacation days during the year such termination occurs. No such termination shall be deemed a "“Termination Without Cause" as defined below”. All other obligations of the Employer Company under this Agreement shall automatically cease, and the Executive shall not be entitled to any other salary, payments or benefits otherwise payable under this Agreement, except as otherwise required by law.

Disability of Executive. If the Executive shall, during the term of this Agreement, suffer a "Disability," (as defined, from time to time, in a disability plan that the Company may maintain for the benefit of its senior officers (a "Disability Plan") or, whenever no such Disability Plan exists, as defined in accordance with the meanings on Exhibit A hereto), then the Employer Company shall have the right to terminate this Agreement by written notice of such Disability to the Executive, Executive whereupon the EmployerCompany's obligations and agreements under this Agreement shall automatically terminate as of the date of such notice, and in full satisfaction thereof, the Company shall pay to the Executive any base salary and pro rata performance bonus earned and unpaid through the date of such notice (less any payments received by the Executive under a Disability Plan) and any business expenses or other fringe benefits otherwise due to Executive. Executive shall also be entitled to payment for (i) any bonus Bonus earned in the year preceding such termination but not yet paid and (ii) accrued but unused vacation days during the year such termination occurs. No such termination shall be deemed a "Termination Without Cause" as defined below". All other obligations of the Employer Company under this Agreement shall automatically cease, and the Executive shall not be entitled to any other salary, payments or benefits otherwise payable under this Agreement, except as otherwise required by law.