Common use of Disability of the Associate Clause in Contracts

Disability of the Associate. If the Associate becomes disabled during the Employment Term, the Company may terminate the Associate’s position as an officer, but this Agreement shall otherwise remain in full force and effect, and the Associate’s Base Salary (but not any Bonus) then in effect will continue through the Employment Term, provided, however, any amounts payable to the Associate under the Company’s disability insurance policy shall be deducted from the amounts payable to the Associate hereunder. For the purposes of this Agreement, the Associate shall be deemed to be disabled when he is deemed to be disabled under the Company’s disability insurance policy or, if the Company does not have a disability insurance policy for the Associate, the Associate shall be deemed disabled if he is unable to perform his services or discharge his duties as an Associate of the Company for ninety (90) or more consecutive days or one hundred twenty (120) days in the aggregate in any twelve (12) month period.