Common use of Disability or death and Advance Clause in Contracts

Disability or death and Advance. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at any time by any Party within 30 calendar days after the death or disability of the Consultant, as a without fault termination (the resulting effective date of any such termination being herein also the “Effective Termination Date”). For the purposes of this Agreement the term “disability” will mean the Consultant will have been unable to provide the General Services contemplated under this Agreement for a period of 180 calendar days, whether or not consecutive, during any 360 calendar day period, due to a physical or mental disability. A determination of disability will be made by a physician satisfactory to both the Consultant and the Company; provided that if the Consultant and the Company do not agree on a physician, the Consultant and the Company will each select a physician and these two together will select a third physician whose determination as to disability will be binding on all Parties. In the event that the Consultant’s employment is terminated by death or because of disability pursuant to this Agreement, the Company will pay to the estate of the Consultant or to the Consultant, as the case may be: (a) all amounts to which the Consultant would otherwise be entitled under Article 4 herein until the Effective Termination Date, and (b) the payments and benefits referred to in Sections 3.4(a) hereof.

Disability or death and Advance. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at any time by any Party within 30 calendar days after the death or disability of the Consultant, as a without fault termination (the resulting effective date of any such termination being herein also the “Effective Termination Date”). For the purposes of this Agreement the term “disability” will mean the Consultant will have been unable to provide the General Services contemplated under this Agreement for a period of 180 60 calendar days, whether or not consecutive, during any 360 calendar day period, due to a physical or mental disability. A determination of disability will be made by a physician satisfactory to both the Consultant and the Company; provided that if the Consultant and the Company do not agree on a physician, the Consultant and the Company will each select a physician and these two together will select a third physician whose determination as to disability will be binding on all Parties. In the event that the Consultant’s employment is terminated by death or because of disability pursuant to this Agreement, the Company will pay to the estate of the Consultant or to the Consultant, as the case may be: (a) all amounts to which the Consultant would otherwise be entitled under Article 4 herein until the Effective Termination Date, and (b) the payments and benefits referred to in Sections 3.4(a) hereof.

Disability or death and Advance. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at any time by any Party within 30 21 calendar days after the death or disability of the Consultant, as a without fault termination (the resulting effective date of any such termination being herein also the “"Effective Termination Date”"). For the purposes of this Agreement the term “"disability” will " shall mean the Consultant will shall have been unable to provide the General Services contemplated under this Agreement for a period of 180 90 calendar days, whether or not consecutive, during any 360 calendar day period, due to a physical or mental disability. A determination of disability will shall be made by a physician satisfactory to both the Consultant and the Company; provided that if the Consultant and the Company do not agree on a physician, the Consultant and the Company will shall each select a physician and these two together will shall select a third physician whose determination as to disability will shall be binding on all Parties. In the event that the Consultant’s 's employment is terminated by death or because of disability pursuant to this Agreement, the Company will shall pay to the estate of the Consultant or to the Consultant, as the case may be: (a) , all amounts to which the Consultant would otherwise be entitled under Article 4 herein "4" hereinbelow until the Effective Termination Date, and (b) the payments and benefits referred to in Sections 3.4(a) hereof.

Disability or death and Advance. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at any time by any Party within 30 21 calendar days after the death or disability of the Consultant, as a without fault termination (the resulting effective date of any such termination being herein also the “Effective Termination Date”). For the purposes of this Agreement the term “disability” will shall mean the Consultant will shall have been unable to provide the General Services contemplated under this Agreement for a period of 180 90 calendar days, whether or not consecutive, during any 360 calendar day period, due to a physical or mental disability. A determination of disability will shall be made by a physician satisfactory to both the Consultant and the Company; provided that if the Consultant and the Company do not agree on a physician, the Consultant and the Company will shall each select a physician and these two together will shall select a third physician whose determination as to disability will shall be binding on all Parties. In the event that the Consultant’s employment is terminated by death or because of disability pursuant to this Agreement, the Company will shall pay to the estate of the Consultant or to the Consultant, as the case may be: (a) , all amounts to which the Consultant would otherwise be entitled under Article 4 herein “4” hereinbelow until the Effective Termination Date, and (b) the payments and benefits referred to in Sections 3.4(a) hereof.

Disability or death and Advance. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at any time by any Party within 30 calendar days after the death or disability of the Consultant, as a without fault termination (the resulting effective date of any such termination being herein also the “"Effective Termination Date”"). For the purposes of this Agreement the term “"disability” will " shall mean the Consultant will shall have been unable to provide the General Services contemplated under this Agreement for a period of 180 90 calendar days, whether or not consecutive, during any 360 calendar day period, due to a physical or mental disability. A determination of disability will shall be made by a physician satisfactory to both the Consultant and the Company; provided that if the Consultant and the Company do not agree on a physician, the Consultant and the Company will shall each select a physician and these two together will shall select a third physician whose determination as to disability will shall be binding on all Parties. In the event that the Consultant’s 's employment is terminated by death or because of disability pursuant to this Agreement, the Company will shall pay to the estate of the Consultant or to the Consultant, as the case may be: (a) , all amounts to which the Consultant would otherwise be entitled under Article 4 herein "4" hereinbelow until the Effective Termination Date, and (b) the payments and benefits referred to in Sections 3.4(a) hereof.

Disability or death and Advance. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at any time by any Party within 30 calendar days after the death or disability of the Consultant, as a without fault termination (the resulting effective date of any such termination being herein also the “Effective Termination Date”). For the purposes of this Agreement the term “disability” will mean the Consultant will have been unable to provide the General Services contemplated under this Agreement for a period of 180 calendar days, whether or not consecutive, during any 360 calendar day period, due to a physical or mental disability. A determination of disability will be made by a physician satisfactory to both the Consultant and the Company; provided that if the Consultant and the Company do not agree on a physician, the Consultant and the Company will each select a physician and these two together will select a third physician whose determination as to disability will be binding on all Parties. In the event that the Consultant’s employment is terminated by death or because of disability pursuant to this Agreement, the Company will pay to the estate of the Consultant or to the Consultant, as the case may be: (a) all amounts to which the Consultant would otherwise be entitled under Article 4 herein until the Effective Termination Date, and (b) the payments and benefits referred to in Sections 3.4(a), 3.4(d), 3.4(e) and 3.4(g) hereof.