Common use of Disability or Death Clause in Contracts

Disability or Death. (i) The Employment Term and Executive’s employment hereunder shall terminate upon Executive’s death. If Executive becomes physically or mentally incapacitated so as to be unable to perform the essential functions of Executive’s duties (such incapacity is hereinafter referred to as “Disability”), then (A) the CEO may allow another officer of the Company to perform Executive’s duties and responsibilities during the period of such Disability, and (B) if such Disability continues for 120 consecutive days or 180 days during any consecutive 360 day period, the CEO may terminate Executive’s employment under this Agreement. If any question shall arise as to whether, during any period Executive is disabled so as to be unable to perform the essential functions of Executive’s then existing position or positions with or without reasonable accommodation, Executive may, and at the request of the Company shall, submit to the Company a certification in reasonable detail by a physician selected by the Company, to whom Executive or Executive’s guardian has no reasonable objection, as to whether Executive is so disabled and how long such disability is expected to continue, and such certification shall for the purposes of this Agreement be conclusive of the issue. Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and Executive shall fail to submit such certification, the Company’s determination of such issue shall be binding on Executive. Nothing in this Section 7(b) shall be construed to waive Executive’s rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 1933, 29 U.S.C. ss.2601 et seq. and the Americans With Disabilities Act, 424 S.C. ss.12101 et seq. (ii) Upon termination of Executive’s employment hereunder for either Disability or death, Executive or Executive’s estate (as the case may be) shall be entitled to receive: (A) the Accrued Rights; and (B) fifty percent (50%) of the Base Salary (the “Target Annual Bonus”) multiplied by a fraction, the numerator of which is the number of days of the calendar year of termination that shall have elapsed through the date of Executive’s termination of employment and the denominator of which is 365. Following Executive’s termination of employment due to death or Disability, except as set forth in this Section 7(b)(ii), Executive shall have no further rights to any compensation or any other benefits under this Agreement.

Disability or Death. (i) The Employment Term and Executive’s employment hereunder shall terminate upon Executive’s death. If Executive becomes physically or mentally incapacitated so as to be unable to perform the essential functions of Executive’s duties (such incapacity is hereinafter referred to as “Disability”), then (A) the CEO may allow another officer of the Company to perform Executive’s duties and responsibilities during the period of such Disability, and (B) if such Disability continues for 120 consecutive days or 180 days during any consecutive 360 day period, the CEO may terminate Executive’s employment under this Agreement. If any question shall arise as to whether, during any period Executive is disabled so as to be unable to perform the essential functions of Executive’s then existing position or positions with or without reasonable accommodation, Executive may, and at the request of the Company shall, submit to the Company a certification in reasonable detail by a physician selected by the Company, to whom Executive or Executive’s guardian has no reasonable objection, as to whether Executive is so disabled and how long such disability is expected to continue, and such certification shall for the purposes of this Agreement be conclusive of the issue. Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and Executive shall fail to submit such certification, the Company’s determination of such issue shall be binding on Executive. Nothing in this Section 7(b) shall be construed to waive Executive’s rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 1933, 29 U.S.C. ss.2601 et seq. and the Americans With Disabilities Act, 424 S.C. ss.12101 et seq. (ii) Upon termination of Executive’s employment hereunder for either Disability or death, Executive or Executive’s estate (as the case may be) shall be entitled to receive: (A) the Accrued Rights; and (B) fifty percent (50%) of the Base Salary (the “Target Annual Bonus”) Bonus multiplied by a fraction, the numerator of which is the number of days of the calendar year of termination that shall have elapsed through the date of Executive’s termination of employment and the denominator of which is 365. Following Executive’s termination of employment due to death Disability or Disabilitydeath, except as set forth in this Section 7(b)(ii), Executive shall have no further rights to any compensation or any other benefits under this Agreement.

Disability or Death. (i) The Employment Term and Executive’s 's employment hereunder shall terminate upon Executive’s 's death. If Executive becomes physically or mentally incapacitated so as to be unable to perform the essential functions of Executive’s 's duties (such incapacity is hereinafter referred to as “"Disability”"), then (A) the CEO Board may allow another officer of the Company to perform Executive’s 's duties and responsibilities during the period of such Disability, and (B) if such Disability continues for 120 consecutive days or 180 days during any consecutive 360 day period, the CEO Board may terminate Executive’s 's employment under this Agreement. If any question shall arise as to whether, during any period Executive is disabled so as to be unable to perform the essential functions of Executive’s 's then existing position or positions with or without reasonable accommodation, Executive may, and at the request of the Company shall, submit to the Company a certification in reasonable detail by a physician selected by the Company, to whom Executive or Executive’s 's guardian has no reasonable objection, as to whether Executive is so disabled and how long such disability is expected to continue, and such certification shall for the purposes of this Agreement be conclusive of the issue. Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and Executive shall fail to submit such certification, the Company’s 's determination of such issue shall be binding on Executive. Nothing in this Section 7(b) shall be construed to waive Executive’s 's rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 19331993, 29 U.S.C. ss.2601 et seq. and the Americans With with Disabilities Act, 424 S.C. 42 U.S.C. ss.12101 et seq. (ii) Upon termination of Executive’s 's employment hereunder for either Disability or death, Executive or Executive’s 's estate (as the case may be) shall be entitled to receive: (A) the Accrued Rights; and (B) fifty percent (50%) of the Base Salary (the “"Target Annual Bonus”") multiplied by a fraction, the numerator of which is the number of days of the calendar year of termination that shall have elapsed through the date of Executive’s 's termination of employment and the denominator of which is 365. Following Executive’s 's termination of employment due to death or Disability, except as set forth in this Section 7(b)(ii), Executive shall have no further rights to any compensation or any other benefits under this Agreement.

Disability or Death. (i) The Employment Term and Executive’s 's employment hereunder shall terminate upon Executive’s 's death. If Executive becomes physically or mentally incapacitated so as to be unable to perform the essential functions of Executive’s 's duties (such incapacity is hereinafter referred to as “"Disability”"), then (A) the CEO Board may allow another officer of the Company to perform Executive’s 's duties and responsibilities during the period of such Disability, and (B) if such Disability continues for 120 consecutive days or 180 days during any consecutive 360 day period, the CEO Board may terminate Executive’s 's employment under this Agreement. If any question shall arise as to whether, during any period Executive is disabled so as to be unable to perform the essential functions of Executive’s 's then existing position or positions with or without reasonable accommodation, Executive may, and at the request of the Company shall, submit to the Company a certification in reasonable detail by a physician selected by the Company, to whom Executive or Executive’s 's guardian has no reasonable objection, as to whether Executive is so disabled and how long such disability is expected to continue, and such certification shall for the purposes of this Agreement be conclusive of the issue. Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and Executive shall fail to submit such certification, the Company’s 's determination of such issue shall be binding on Executive. Nothing in this Section 7(b) shall be construed to waive Executive’s 's rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 19331993, 29 U.S.C. ss.2601 et seq. and the Americans With Disabilities with DisabilitieS Act, 424 S.C. 42 U.S.C. ss.12101 et seq. (ii) Upon termination of Executive’s 's employment hereunder for either Disability or death, Executive or Executive’s 's estate (as the case may be) shall be entitled to receive: (A) the Accrued Rights; and (B) fifty percent (50%) of the Base Salary (the “"Target Annual Bonus”") multiplied by a fraction, the numerator of which is the number of days of the calendar year of termination that shall have elapsed through the date of Executive’s 's termination of employment and the denominator of which is 365. Following Executive’s 's termination of employment due to death or Disability, except as set forth in this Section 7(b)(ii), Executive shall have no further rights to any compensation or any other benefits under this Agreement.

Disability or Death. (i) The Employment Term and Executive’s 's employment hereunder shall terminate upon Executive’s 's death. If Executive becomes physically or mentally incapacitated so as to be unable to perform the essential functions of Executive’s 's duties (such incapacity is hereinafter referred to as “"Disability”"), then (A) the CEO Board may allow another officer of the Company to perform Executive’s 's duties and responsibilities during the period of such Disability, and (B) if such Disability continues for 120 one hundred twenty (120) consecutive days or 180 one hundred eighty (180) days during any consecutive 360 three hundred sixty (360) day period, the CEO Board may terminate Executive’s 's employment under this Agreement. If any question shall arise as to whether, during any period Executive is disabled so as to be unable to perform the essential functions of Executive’s 's then existing position or positions with or without reasonable accommodation, Executive may, and at the request of the Company shall, submit to the Company a certification in reasonable detail by a physician selected by the Company, to whom Executive or Executive’s 's guardian has no reasonable objection, as to whether Executive is so disabled and how long such disability is expected to continue, and such certification shall for the purposes of this Agreement be conclusive of the issue. Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and Executive shall fail to submit such certification, the Company’s 's determination of such issue shall be binding on Executive. Nothing in this Section 7(b) shall be construed to waive Executive’s 's rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 19331993, 29 U.S.C. ss.2601 et seq. and the Americans With with Disabilities Act, 424 S.C. 42 U.S.C. ss.12101 et seq. (ii) Upon termination of Executive’s 's employment hereunder for either Disability or death, Executive or Executive’s 's estate (as the case may be) shall be entitled to receive: (A) the Accrued Rights; and (B) fifty seventy-five percent (5075%) of the Base Salary (the “"Target Annual Bonus”") multiplied by a fraction, the numerator of which is the number of days of the calendar year of termination that shall have elapsed through the date of Executive’s 's termination of employment and the denominator of which is 365. Following Executive’s 's termination of employment due to death or Disability, except as set forth in this Section 7(b)(ii), Executive shall have no further rights to any compensation or any other benefits under this Agreement.

Disability or Death. (i) The Employment Term and Executive’s employment hereunder shall terminate upon Executive’s death. If death and may be terminated by Kraton if Executive becomes physically or mentally incapacitated so as to be and is therefore unable for a period of six (6) consecutive months or for an aggregate of nine (9) months in any twenty-four (24) consecutive month period to perform the essential functions of Executive’s duties (such incapacity is hereinafter referred to as “Disability”), then (A) ; provided that a termination on the CEO may allow another officer basis of a Disability must occur within 90 days of the Company date when Executive is subject to perform Executive’s duties termination due to Disability. Any question as to the existence of the Disability of Executive as to which Executive and responsibilities during the period of such Disability, Kraton cannot agree shall be determined in writing by a qualified independent physician mutually acceptable to Executive and (B) if such Disability continues for 120 consecutive days or 180 days during any consecutive 360 day period, the CEO may terminate Executive’s employment under this AgreementKraton. If any question shall arise Executive and Kraton cannot agree as to whethera qualified independent physician, during any period Executive is disabled so as to be unable to perform the essential functions each shall appoint such a physician and those two physicians shall select a third who shall make such determination in writing. The determination of Executive’s then existing position or positions with or without reasonable accommodation, Executive may, and at the request of the Company shall, submit Disability made in writing to the Company a certification in reasonable detail by a physician selected by the Company, to whom Executive or Executive’s guardian has no reasonable objection, as to whether Executive is so disabled and how long such disability is expected to continue, and such certification shall for the purposes of this Agreement be conclusive of the issue. Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and Executive shall fail to submit such certification, be final and conclusive for all purposes of the Company’s determination of such issue shall be binding on Executive. Nothing in this Section 7(b) shall be construed to waive Executive’s rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 1933, 29 U.S.C. ss.2601 et seq. and the Americans With Disabilities Act, 424 S.C. ss.12101 et seqAgreement. (ii) Upon termination of In the event Executive’s employment hereunder for either Disability or deathis terminated pursuant to this Section 7(b), Executive or Executive’s estate (as the case may be) shall will be entitled to receive: (A) at the times set forth in Section 7(a)(iii) hereof, the Accrued RightsObligations; and (B) fifty percent (50%a pro rata portion of any Annual Bonus that Executive would have been entitled to receive pursuant to Section 4(a) hereof in such year based upon the percentage of the Base Salary (the “Target Annual Bonus”) multiplied by a fraction, the numerator of which is the number of days of the calendar fiscal year of termination that shall have elapsed through the date of Executive’s termination of employment, payable when such Annual Bonus would have otherwise been payable had Executive’s employment and the denominator of which is 365not terminated. Following such termination of Executive’s termination of employment hereunder due to death or Disability, except as set forth in this Section 7(b)(ii), Executive shall have no further rights under the U.S. Contract, the French Contract, or the Tripartite Agreement, to any compensation or any other benefits under this Agreementin the nature of severance or termination pay or in connection with the termination of his employment.

Disability or Death. (i) The Employment Term and Executive’s employment hereunder shall terminate upon Executive’s death. If death and may be terminated by either of the Companies if Executive becomes physically or mentally incapacitated so as to be and is therefore unable for a period of six (6) consecutive months or for an aggregate of nine (9) months in any twenty-four (24) consecutive month period to perform the essential functions of Executive’s duties (such incapacity is hereinafter referred to as “Disability”), then (A) . Any question as to the CEO may allow another officer existence of the Company Disability of Executive as to perform Executive’s duties which Executive and responsibilities during either of the period Companies cannot agree shall be determined in writing by a qualified independent physician mutually acceptable to Executive and either of such Disability, and (B) if such Disability continues for 120 consecutive days or 180 days during any consecutive 360 day period, the CEO may terminate Executive’s employment under this AgreementCompanies. If any question shall arise Executive and the Companies cannot agree as to whethera qualified independent physician, during any period Executive is disabled so as each shall appoint a physician and those two physicians shall select a third who shall make such determination in writing. The determination of Disability made in writing to be unable to perform the essential functions of Executive’s then existing position or positions with or without reasonable accommodation, Executive may, and at the request either of the Company shall, submit to the Company a certification in reasonable detail by a physician selected by the Company, to whom Executive or Executive’s guardian has no reasonable objection, as to whether Executive is so disabled and how long such disability is expected to continue, and such certification shall for the purposes of this Agreement be conclusive of the issue. Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise Companies and Executive shall fail to submit such certification, be final and conclusive for all purposes of the Company’s determination of such issue shall be binding on Executive. Nothing in this Section 7(b) shall be construed to waive Executive’s rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 1933, 29 U.S.C. ss.2601 et seq. and the Americans With Disabilities Act, 424 S.C. ss.12101 et seqAgreement. (ii) Upon termination of Executive’s employment hereunder for either Disability or death, Executive or Executive’s estate (as the case may be) shall be entitled to receive: (A) the Accrued Rights; and (B) fifty percent (50%) a pro-rata portion of the Base Salary (the “Target Annual Bonus”) , if any, that Executive would have been entitled to receive pursuant to Section 4 hereof for the fiscal year of termination, multiplied by a fraction, the numerator of which is the number of days of during which Executive was employed by the calendar Companies in the fiscal year of termination that shall have elapsed through the date of Executive’s termination of employment termination, and the denominator of which is 365365 (the “Pro-Rata Bonus”), with such Pro-Rata Bonus payable to Executive pursuant to Section 4 had Executive’s employment not terminated. Following Executive’s termination of employment due to death or Disability, except as set forth in this Section 7(b)(ii), Executive shall have no further rights to any compensation or any other benefits under this Agreement.

Disability or Death. (i) The Employment Term and Executive’s Employee's employment hereunder shall terminate upon Executive’s death. If Executive Employee's death and, upon notice as provided in the next succeeding sentence, may be terminated by the Company if Employee becomes physically or mentally incapacitated so as to be and is therefore unable for a period of 183 consecutive days or for an aggregate of 270 days in any twenty-four (24) consecutive month period to perform the essential functions of Executive’s Employee's duties (such incapacity is hereinafter referred to as “"Disability”"). Termination for Disability shall be effected by delivery of written notice to Employee at least 30 days prior to the date of termination stated therein; provided, then (A) however, that if Employee resumes the CEO may allow another officer performance of substantially all of his duties hereunder before his incapacity constitutes "Disability", the notice of termination shall automatically be deemed to have been revoked. Any question as to the existence of the Disability of Employee as to which Employee and the Company cannot agree shall be determined in writing by a qualified licensed independent physician mutually acceptable to perform Executive’s duties Employee and responsibilities during the period of such Disability, and (B) if such Disability continues for 120 consecutive days or 180 days during any consecutive 360 day period, the CEO may terminate Executive’s employment under this AgreementCompany. If any question shall arise Employee and the Company cannot agree as to whethera qualified independent physician, during any period Executive is disabled so as to be unable to perform the essential functions each shall appoint such a physician and those two physicians shall select a third who shall make such determination in writing. The determination of Executive’s then existing position or positions with or without reasonable accommodation, Executive may, and at the request of the Company shall, submit Disability made in writing to the Company a certification in reasonable detail by a physician selected by the Company, to whom Executive or Executive’s guardian has no reasonable objection, as to whether Executive is so disabled and how long such disability is expected to continue, Employee shall be final and such certification shall conclusive for the all purposes of this Agreement be conclusive of the issue. Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and Executive shall fail to submit such certification, the Company’s determination of such issue shall be binding on Executive. Nothing in this Section 7(b) shall be construed to waive Executive’s rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 1933, 29 U.S.C. ss.2601 et seq. and the Americans With Disabilities Act, 424 S.C. ss.12101 et seqAgreement. (ii) Upon termination of Executive’s Employee's employment hereunder for either Disability or death, Executive Employee or Executive’s Employee's estate (as the case may be) shall be entitled to receive: (A) receive the Accrued Rights; and. (Biii) fifty percent (50%) of the Base Salary (the “Target Annual Bonus”) multiplied by a fraction, the numerator of which is the number of days of the calendar year of termination that shall have elapsed through the date of Executive’s termination of employment and the denominator of which is 365. Following Executive’s Employee's termination of employment due to death or Disability, except as set forth in this Section 7(b)(ii), Executive Employee shall have no further rights to any compensation or any other benefits under this Agreement.