DISABILITY TERMINATION EVENT. As used herein, "Disability Termination Event" shall mean a circumstance where the Executive is physically or mentally incapacitated or disabled or otherwise unable to fully discharge his duties hereunder as a result of a single or related series of illnesses or conditions for a period of 100 consecutive days.
DISABILITY TERMINATION EVENT. Upon the occurrence of a Disability Termination Event, this Agreement shall terminate automatically upon the date that such Disability Termination Event occurred (subject to the last sentence of this Section 7), whereupon the Company shall continue to pay the then-current Base Salary to the Executive for the period equal to the remaining term of the Employment Period (determined on the assumption that the Employment Period will not be terminated prior to December 31, 2000).
DISABILITY TERMINATION EVENT. If Employee's employment hereunder is terminated as a result of the occurrence of a Disability Termination Event, as of the date of termination of Employee's employment hereunder, the Company shall have no further obligation to pay Employee any Base Salary or any other additional benefits pursuant to this Agreement (other than medical insurance). The Company shall provide medical insurance substantially similar to the medical insurance provided to Employee and to his covered dependents (or exclusively to his covered dependents in the case of his death) prior to the termination of his employment for the three consecutive months immediately following such termination. Employee shall be entitled to receive a portion of the Bonus, if any, for the year in which Employee's termination of employment occurs prorated to the date on which Employee's employment is terminated. If such termination occurs prior to the end of any pay period, Employee shall be entitled to receive a portion of the Base Salary for such pay period prorated to the date on which Employee's employment is terminated.
DISABILITY TERMINATION EVENT. Upon the occurrence of a Disability Termination Event, this Agreement shall terminate automatically upon the date that such Disability Termination Event occurred (subject to the last sentence of this Section 7 and to the last two sentences of Section 4(j)), whereupon the Executive shall continue to receive the consideration set forth in Sections 4(a) through (d) and Section 4(g)(iii) through the date three years from the Commencement Date. In addition, the Executive shall be entitled to receive the payments contemplated by Section 4(c) and Section 4(d) if the event giving rise to such payment occurs, or a definitive agreement regarding such event is executed, before or within 180 days after the Disability Termination Event.
DISABILITY TERMINATION EVENT. Upon the occurrence of a Disability Termination Event, this Agreement shall terminate automatically upon the date that such Disability Termination Event occurred (subject to the last sentence of this Section 6).
DISABILITY TERMINATION EVENT. Subject to the provisions of Section 9, this Agreement shall terminate automatically upon the occurrence of a Disability Termination Event, whereupon (i) the Company will continue to pay to the Executive the Base Salary, as then in effect, through the Expiration Date, and (ii) all stock options, shares of restricted stock and other awards granted under or otherwise subject to the Company Stock Plan then held by the Executive will fully, immediately and automatically vest and be exercisable as and to the extent permitted by the Company Stock Plan, and all promote, participation and other similar contractual interests not subject to the Company Stock Plan then held by the Executive will fully, immediately and automatically vest (i.e., no longer be subject to forfeiture for any reason), notwithstanding any provisions to the contrary in the applicable governing agreements or other instruments pursuant to which such interests were granted to the Executive (it being the intent of the parties that any such contrary provisions are overridden and superceded hereby). In addition, if (i) an Extraordinary Event occurs within one year after the occurrence of such Disability Termination Event and (ii) a definitive agreement relating to the specific merger, consolidation, asset sale or other similar transaction (or relating another substantially similar transaction) which gave rise to such Extraordinary Event had been executed and delivered by all parties thereto and was in effect at the time such Disability Termination Event occurred, then the Company shall pay to the Executive, within ten business days after the occurrence of such Extraordinary Event, all amounts (without duplication) to which the Executive would have been entitled pursuant to Section 4(b) assuming the Executive had made the election to convert this Agreement to a consulting agreement pursuant to Section 4(c) immediately after the occurrence of such Extraordinary Event.
DISABILITY TERMINATION EVENT. Upon the occurrence of a Disability Termination Event, this Agreement shall terminate automatically upon the date that such Disability Termination Event occurred (subject to the last sentence of this Section 7), whereupon (i) the Company shall continue to pay seventy-five percent (75%) of the then-current Base Salary to the Executive for twice the period equal to the remaining term of the Employment Period (determined upon the assumption that the Employment Period will not be terminated prior to December 31, 2000, and will not in any event be less than two years for purposes of such calculation), (ii) the Company shall continue to provide to the Executive the disability protection contemplated by Section 4(i) of this Agreement until such time as the Executive elects to discontinue such coverage, (iii) the Company will continue to provide health insurance to the Executive, his spouse, and his issue, at the Executive=s sole cost and expense and otherwise upon terms and conditions identical to the terms and conditions upon which health insurance is provided to employees of the Company and their spouses and issue, the Company will arrange for the Executive (x) to have the ability to maintain the Key Man Insurance Policy thereafter at the sole expense of the Executive, and (y) to designate the beneficiaries thereof, in each case to the exclusion of the Company and as promptly as practicable after such termination.
DISABILITY TERMINATION EVENT. If the Employee's employment ---------------------------- hereunder is terminated prior to December 31, 1999 as a result of the occurrence of a Disability Termination Event, as of the date of the termination of the Employee's employment hereunder, the Company shall have no further obligation to pay the Employee any Base Salary or any other additional benefits pursuant to Section 5 of this Agreement other than medical insurance except to the extent the Company is required to provide fringe benefits following termination of employment to former employees of the Company generally under the terms of a specific fringe benefit plan or policy. The Employee shall be entitled to receive a portion of the Bonus for the year pro rated to the date on which the Employee's employment is terminated. If such termination occurs prior to the end of any pay period, the Employee shall be entitled to receive a portion of the Base Salary for such pay period pro rated to the date on which the Employee's employment is terminated. In addition, Employee shall be entitled to receive a payment equal to the sum of (i) the product of 12 and the amount of the monthly premium that Employee would be charged to continue his or her medical coverage pursuant to the continuation requirements of the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA") and (ii) 46% of the amount determined under (i) to assist Employee in paying his income taxes on such amount.
DISABILITY TERMINATION EVENT. Upon the occurrence of a Disability Termination Event, this Agreement shall terminate automatically upon the date that such Disability Termination Event occurred (subject to the last sentence of this Section 5), whereupon the Company shall continue to pay the Special Compensation to the Employee for a period equal to the remaining term of the Special Compensation Period, the Initial Base Salary as adjusted by Section 3(a) of the Agreement to the Employee for a period equal to the remaining term of the Initial Base Salary Period, and the New Base Salary as adjusted by Section 3(a) of the Agreement to the Employee for the remaining term of the Employment Period.
DISABILITY TERMINATION EVENT. If the Employee's employment ---------------------------- hereunder is terminated prior to December 31, 2000 as a result of the occurrence of a Disability Termination Event, as of the date of the termination of the Employee's employment hereunder, the Company shall have no further obligation to pay the Employee any Base Salary or any other additional benefits pursuant to Section 5 of this Agreement other than medical insurance except to the extent the Company is required to provide fringe benefits following termination of employment to former employees of the Company generally under the terms of a specific fringe benefit plan or policy. The Company shall provide medical insurance substantially similar to the medical insurance provided to the Employee prior to the termination of his employment for the thirty-six consecutive months immediately following such termination. The Employee shall be entitled to receive a portion of the Bonus for the year pro rated to the date on which the Employee's employment is terminated. If such termination occurs prior to the end of any pay period, the Employee shall be entitled to receive a portion of the Base Salary for such pay period pro rated to the date on which the Employee's employment is terminated. Notwithstanding the foregoing, the Employee shall be entitled to whatever benefits are available pursuant to the disability insurance contemplated by Section 5.2 hereof.
