Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement for "Disability."
Appears in 19 contracts
Samples: Severance Compensation Agreement (O Charleys Inc), Severance Compensation Agreement (Structural Dynamics Research Corp /Oh/), Severance Compensation Agreement (O Charleys Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive he shall have been absent from his duties with the Company Corporation on a full-time basis for six (6) months and within 30 thirty (30) days after written notice of termination is thereafter given by the Company the Executive he shall not have returned to the full-time performance of the Executive's his duties, the Company Corporation may terminate this the Agreement for "Disability."
Appears in 18 contracts
Samples: Change in Control Agreement (Corning Natural Gas Holding Corp), Change in Control Agreement (Corning Natural Gas Holding Corp), Change in Control Agreement (Corning Natural Gas Holding Corp)
Disability. If, as a result of the Executive's incapacity due to ---------- physical or mental illness, the Executive shall have been absent from his duties with become entitled to the Company on a fullreceipt of benefits under the Company's long-time basis for six months term disability plan, and within 30 days after a written notice Notice of termination Termination (as defined in Section 6(a)) is thereafter given to the Executive by the Company Company, the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement the Executive's employment hereunder for "Disability."
Appears in 14 contracts
Samples: Employment Agreement (United Water Resources Inc), Employment Agreement (United Water Resources Inc), Employment Agreement (United Water Resources Inc)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's ’s duties, the Company may terminate this Agreement the Executive for "“Disability."”
Appears in 13 contracts
Samples: Executive Change of Control Agreement (Winnebago Industries Inc), Executive Change of Control Agreement (Winnebago Industries Inc), Executive Change of Control Agreement (Winnebago Industries Inc)
Disability. If, as a result of the Executive's incapacity of the Executive due to physical or mental illness, the Executive shall have been absent from his is unable to perform substantially and continuously the duties with assigned to him hereunder for a period of three (3) consecutive months or for a non-consecutive period of nine (9) months during the Company on a full-time basis for six months and within 30 days after written notice Term of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutiesEmployment, the Company may terminate this Agreement his employment for "Disability" upon thirty (30) days prior written notice to the Executive."
Appears in 12 contracts
Samples: Employment Agreement (Mediware Information Systems Inc), Employment Agreement (Mediware Information Systems Inc), Employment Agreement (Mediware Information Systems Inc)
Disability. IfCorporation may, as a result at its option, terminate Executive’s employment under this Agreement upon written notice to Executive if Executive, because of the Executive's incapacity due to physical or mental illnessincapacity or disability, fails to perform the Executive shall have been absent from essential functions of his duties position, with the Company on a full-time basis for six months and within 30 days after written notice reasonable accommodation, required of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate him under this Agreement for "Disabilitya continuous period of 120 days or any 180 days within any 12-month period."
Appears in 12 contracts
Samples: Employment Agreement (Rentrak Corp), Employment Agreement (Rentrak Corp), Employment Agreement (Rentrak Corp)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis performance of Executive’s duties hereunder for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination (as defined in Section 5(a)) is thereafter given by the Company the Executive shall not have returned to the performance of Executive's duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement Executive’s employment hereunder for "“Disability."”
Appears in 12 contracts
Samples: Executive Employment Agreement (NorthStar Asset Management Group Inc.), Executive Employment Agreement (NorthStar Asset Management Group Inc.), Executive Employment Agreement (NorthStar Asset Management Group Inc.)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from unable to perform the essential functions of his duties position, even with reasonable accommodation that does not impose an undue hardship on the Company Company, on a full-time basis for the entire period of six months (6) consecutive months, and within 30 thirty (30) days after written notice of termination is thereafter given by (which may occur before or after the Company the Executive end of such six-month period), shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis (a "disability"), the Company may terminate this Agreement for "Disabilitythe Executive's employment hereunder."
Appears in 10 contracts
Samples: Executive Severance Agreement (Apria Healthcare Group Inc), Executive Severance Agreement (Apria Healthcare Group Inc), Executive Severance Agreement (Apria Healthcare Group Inc)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from unable to perform the essential functions of his duties position, even with reasonable accommodation that does not impose an undue hardship on the Company Company, on a full-time basis for the entire period of six months (6) consecutive months, and within 30 thirty (30) days after written notice of termination is thereafter given by (which may occur before or after the Company the Executive end of such six-month period), shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis (a “disability”), the Company may terminate this Agreement for "Disabilitythe Executive’s employment on account of such disability."
Appears in 10 contracts
Samples: Severance Agreement (Apria, Inc.), Executive Severance Agreement (Apria, Inc.), Severance Agreement (Apria, Inc.)
Disability. IfExecutive’s employment may be terminated by the Company if, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from is unable to perform his duties with the Company on a full-time basis for six (6) consecutives months and within 30 thirty (30) days after written notice a Notice of termination Termination is thereafter given by the Company the to Executive, Executive shall has not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement for "Disabilitywork."
Appears in 9 contracts
Samples: Employment Agreement (Susser Holdings CORP), Employment Agreement (Susser Holdings CORP), Employment Agreement (Susser Holdings CORP)
Disability. If, as a result of the Executive's incapacity due to physical or mental illnessillness or injury, the Executive shall have been absent from his duties with the Company on a Executive’s full-time basis duties hereunder for six months and within 30 (6) consecutive months, then thirty (30) days after giving written notice to Executive (which notice may occur before or after the end of termination is thereafter given by the Company the Executive such six (6) month period, but which shall not have returned to be effective earlier than the full-time performance last day of the Executive's dutiessuch six (6) month period), the Company may terminate this Agreement for "DisabilityExecutive’s employment and the Term, provided Executive is unable to resume Executive’s full-time duties at the conclusion of such notice period."
Appears in 9 contracts
Samples: Employment Agreement (Amtech Systems Inc), Employment Agreement (TherapeuticsMD, Inc.), Employment Agreement (TherapeuticsMD, Inc.)
Disability. IfThe Corporation may terminate the Executive’s employment due to the Executive’s “Disability” if, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive he shall have been absent from his duties with the Company Corporation on a full-time basis for six months 26 consecutive weeks, and within 30 days after written notice of termination is thereafter given by the Company the Executive he shall not have returned to the full-time performance of the Executive's his duties, the Company may terminate this Agreement for "Disability."
Appears in 9 contracts
Samples: Change in Control Agreement (Kontoor Brands, Inc.), Change in Control Agreement (Kontoor Brands, Inc.), Change in Control Agreement (Kontoor Brands, Inc.)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six twelve months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's ’s duties, the Company may terminate this Agreement for "“Disability."”
Appears in 9 contracts
Samples: Severance Compensation Agreement (MSC Software Corp), Severance Compensation Agreement (MSC Software Corp), Severance Compensation Agreement (MSC Software Corp)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from unable to perform the essential functions of his duties position, even with reasonable accommodation that does not impose an undue hardship on the Company Company, on a full-full- time basis for the entire period of six months (6) consecutive months, and within 30 thirty (30) days after written notice of termination is thereafter given by (which may occur before or after the Company the Executive end of such six- month period), shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis (a "disability"), the Company may terminate this Agreement for "Disabilitythe Executive's employment hereunder."
Appears in 8 contracts
Samples: Executive Severance Agreement (Apria Healthcare Group Inc), Executive Severance Agreement (Apria Healthcare Group Inc), Executive Severance Agreement (Apria Healthcare Group Inc)
Disability. If, as a result of the Executive's incapacity due to ’s illness, physical or mental illnessdisability or other incapacity, Executive is unable to substantially perform, with or without reasonable accommodation (as defined under the Executive shall have been absent from his Americans with Disabilities Act), Executive’s material job duties with the Company on a full-time basis under this Agreement for any period of six months (6) consecutive months, and within 30 after receiving thirty (30) days after written notice of termination is thereafter given by the Company to Executive (which may occur after the end of such six-month period), Executive shall not have returned to the performance of Executive’s job duties hereunder on a full-time performance of the Executive's dutiesbasis, then the Company may terminate this Agreement for "DisabilityExecutive’s employment hereunder."
Appears in 8 contracts
Samples: Executive Employment Agreement (Nexstar Media Group, Inc.), Executive Employment Agreement (Nexstar Media Group, Inc.), Executive Employment Agreement (Nexstar Media Group, Inc.)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis performance of his duties hereunder for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination (as defined in Section 8) is thereafter given by the Company the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement Executive's employment hereunder for "Disability."
Appears in 8 contracts
Samples: Executive Employment Agreement (Northstar Realty), Executive Employment Agreement (Northstar Realty), Executive Employment Agreement (Northstar Realty)
Disability. IfTermination of employment by the Company for Disability hereunder shall be deemed to have occurred only if, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and 180 consecutive days and, within 30 days after written notice Notice of termination Termination (as defined in Section 1(d)) is thereafter given to the Executive by the Company Company, the Executive shall not have returned to the full-time performance of the Executive's his duties, the Company may terminate this Agreement for "Disability."
Appears in 8 contracts
Samples: Severance Agreement, Change in Control Agreement (Acushnet Holdings Corp.), Severance Agreement (Acushnet Holdings Corp.)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis performance of his duties hereunder for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination (as defined in Section 5(a)) is thereafter given by the Company the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement Executive’s employment hereunder for "“Disability."”
Appears in 7 contracts
Samples: Executive Employment Agreement (Northstar Realty Finance Corp.), Executive Employment and Non Competition Agreement (Northstar Realty), Executive Employment and Non Competition Agreement (Northstar Realty)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement the Executive for "Disability."
Appears in 7 contracts
Samples: Executive Change of Control Agreement (Winnebago Industries Inc), Executive Change of Control Agreement (Winnebago Industries Inc), Executive Change of Control Agreement (Winnebago Industries Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutiesduties ("Disability"), the Company may terminate this Agreement for "DisabilityAgreement."
Appears in 6 contracts
Samples: Severance Compensation Agreement (Zymetx Inc), Severance Compensation Agreement (Zymetx Inc), Severance Compensation Agreement (Zymetx Inc)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive he shall have been absent from his duties with the Company Corporation on a full-time basis for six (6) months and within 30 thirty (30) days after written notice of termination is thereafter given by the Company the Executive he shall not have returned to the full-time performance of the Executive's his duties, the Company Corporation may terminate this the Agreement for "“Disability."”
Appears in 6 contracts
Samples: Change in Control Agreement (RGC Resources Inc), Change in Control Agreement (RGC Resources Inc), Change in Control Agreement (RGC Resources Inc)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been is absent from the performance of his duties with the Company on under this Agreement for a fullperiod of four (4) months during any twelve-time basis for six months month period, and within 30 10 days after written notice of termination is thereafter given by the Company given, the Executive shall does not have returned return to the full-time performance of the Executive's dutieshis duties under this Agreement, the Company may terminate the Executive’s employment under this Agreement for "“Disability."”
Appears in 6 contracts
Samples: Employment Agreement (Healthtronics Surgical Services Inc), Employment Agreement (Healthtronics Surgical Services Inc), Employment Agreement (Healthtronics Surgical Services Inc)
Disability. If, as a result of the Executive's incapacity ---------- due to physical or mental illness, the Executive shall have been absent from his duties with become entitled to the Company on a fullreceipt of benefits under the Company's long-time basis for six months term disability plan, and within 30 days after a written notice Notice of termination Termination (as defined in Section 6(a)) is thereafter given to the Executive by the Company Company, the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement the Executive's employment hereunder for "Disability."
Appears in 5 contracts
Samples: Employment Agreement (United Water Resources Inc), Employment Agreement (United Water Resources Inc), Employment Agreement (United Water Resources Inc)
Disability. IfIf the Executive is Disabled, as a result of and if within thirty (30) days after the Company notifies the Executive in writing that it intends to terminate the Executive's incapacity due to physical or mental illness’s employment, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's duties’s duties hereunder on a full-time basis, the Company may terminate this Agreement for "Disabilitythe Executive’s employment, effective immediately following the end of such thirty-day period."
Appears in 5 contracts
Samples: Executive Employment and Severance Agreement (Imperial Holdings, LLC), Executive Employment and Severance Agreement (Imperial Holdings, LLC), Executive Employment and Severance Agreement (Imperial Holdings, LLC)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from unable to perform the essential functions of his duties position, even with reasonable accommodation that does not impose an undue hardship on the Company Company, on a full-time basis for the entire period of six months (6) consecutive months, and within 30 thirty (30) days after written notice of termination is thereafter given by (which may occur before or after the Company the Executive end of such six month period), shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis (a "disability"), the Company may terminate this Agreement for "Disabilitythe Executive's employment hereunder."
Appears in 5 contracts
Samples: Executive Employment Agreement (Stratus Services Group Inc), Executive Employment Agreement (Stratus Services Group Inc), Executive Employment Agreement (Stratus Services Group Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been is absent from the performance of his duties with the Company on under this Agreement for a fullperiod of three months during any twelve-time basis for six months month period, and within 30 10 days after written notice of termination is thereafter given by the Company given, the Executive shall does not have returned return to the full-time performance of the Executive's dutieshis duties under this Agreement, the Company may terminate the Executive's employment under this Agreement for "Disability."
Appears in 5 contracts
Samples: Employment Agreement (Sportsline Com Inc), Employment Agreement (Sportsline Com Inc), Employment Agreement (Sportsline Com Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, If the Executive shall have been is absent from his duties with the Company on a full-time basis for six eighteen consecutive months due to a physical or mental incapacity, and within 30 days after written notice of termination is thereafter given by the Company the Executive shall has not have returned to the full-time performance of the Executive's dutiesduties within thirty (30) days after written Notice of Termination (as defined below) is given to the Executive by the Company, such termination shall be considered to be termination by the Company may terminate this Agreement for "Disability" for purposes of this Agreement."
Appears in 5 contracts
Samples: Executive Severance Agreement (Officemax Inc /Oh/), Executive Severance Agreement (Officemax Inc /Oh/), Executive Severance Agreement (Officemax Inc /Oh/)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from the performance of his duties with the Company on a full-time basis under this Agreement for six consecutive months during any calendar year, and within 30 days after written notice of termination is thereafter given by (which notice may only be given after the Company end of such six-month period), the Executive shall not have returned to the full-time performance of the Executive's dutieshis duties under this Agreement, the Company may terminate the Executive's employment under this Agreement for "Disability."
Appears in 4 contracts
Samples: Employment Agreement (Equitrac Corporation), Employment Agreement (Equitrac Corporation), Employment Agreement (Equitrac Corporation)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his or her duties with the Company on a full-time basis for six months one year and within 30 thirty days after written notice Notice of termination Termination (as hereinafter defined) is thereafter given by the Company Company, the Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement for "DisabilityDISABILITY."
Appears in 4 contracts
Samples: Executive Severance Agreement (Trinity Industries Inc), Executive Severance Agreement (Trinity Industries Inc), Executive Severance Agreement (Trinity Industries Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice of termination is thereafter given by (which may occur before or after the Company the Executive end of such six month period) shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement for "Disabilitythe Executive's employment hereunder."
Appears in 4 contracts
Samples: Employment Agreement (Hexcel Corp /De/), Investment Agreement (Hexcel Corp /De/), Employment Agreement (Danaher Corp /De/)
Disability. IfIf Executive will fail to perform any of Executive’s job duties under this Agreement as the result of illness or other incapacity, with or without reasonable accommodation, for a period of more than eight consecutive weeks, or for more than eight weeks within any six-month period, as a result of the determined by Company, Company may, at its option, and upon notice to Executive, terminate Executive's incapacity due to physical or mental illness, employment effective on the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice date of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement for "Disabilitythat notice."
Appears in 4 contracts
Samples: Executive Employment Agreement (Command Center, Inc.), Executive Employment Agreement (Command Center, Inc.), Executive Employment Agreement (Command Center, Inc.)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illnessillness as determined by the Company in its sole discretion, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for a period of six months consecutive months, and within 30 days after written notice Notice of termination Termination of Employment is thereafter given by (which may occur before or after the Company the Executive end of such six month period) shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may immediately terminate this Agreement for "Disabilitythe Executive’s employment hereunder."
Appears in 4 contracts
Samples: Senior Executive Employment Agreement (Foot Locker Inc), Employment Agreement (Foot Locker Inc), Employment Agreement (Foot Locker Inc)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-full time basis for six months one hundred twenty (120) consecutive business days, and within 30 thirty (30) days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutieshis duties hereunder on a full time basis, the Company may terminate this Agreement for "Disabilitythe Executive’s employment hereunder."
Appears in 4 contracts
Samples: Employment Agreement (Masimo Corp), Employment Agreement (Masimo Corp), Employment Agreement (Masimo Corp)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his or her duties with the Company on a full-time basis for six months one year and within 30 thirty days after written notice Notice of termination Termination (as hereinafter defined) is thereafter given by the Company Company, the Executive shall not have returned to the full-time performance of the Executive's ’s duties, the Company may terminate this Agreement for "“Disability."”
Appears in 4 contracts
Samples: Change in Control Agreement (Trinity Industries Inc), Change in Control Agreement (Trinity Industries Inc), Executive Severance Agreement (Trinity Industries Inc)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his the full-time performance of Executive’s duties with the Company on a full-time basis for at least six (6) consecutive months out of the previous twelve (12) months, and within 30 thirty (30) days after written notice of termination is thereafter given to Executive by the Company the Executive or its affiliates shall not have returned to the full-time performance of the Executive's ’s duties, the Company may terminate this Agreement Executive’s employment shall be deemed terminated for "“Disability."”
Appears in 4 contracts
Samples: Change in Control Agreement (Koppers Holdings Inc.), Change in Control Agreement (Koppers Holdings Inc.), International Assignment Letter Agreement (Koppers Holdings Inc.)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his her duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's duties90 days, the Company may terminate this Agreement for "“Disability."”
Appears in 4 contracts
Samples: Employment Agreement (Bank of Marin Bancorp), Change in Control Agreement (Heritage Oaks Bancorp), Employment Agreement (Bank of Marin Bancorp)
Disability. If, as a result of the Executive's incapacity due to physical or mental illnessillness as determined by the Company in its sole discretion, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for a period of six months consecutive months, and within 30 days after written notice Notice of termination Termination of Employment is thereafter given by (which may occur before or after the Company the Executive end of such six month period) shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may immediately terminate this Agreement for "Disabilitythe Executive's employment hereunder."
Appears in 3 contracts
Samples: Senior Executive Employment Agreement (Foot Locker Inc), Senior Executive Employment Agreement (Foot Locker Inc), Senior Executive Employment Agreement (Foot Locker Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his or her duties with the Company on a full-time basis for six (6) months and and, within 30 sixty (60) days after written notice of termination is thereafter given by the Company Company, the Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement for "Disability."
Appears in 3 contracts
Samples: Employment Agreement (U S Vision Inc), Employment Agreement (U S Vision Inc), Employment Agreement (U S Vision Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for six months the entire period of 12 consecutive months, and within 30 days after written notice Notice of termination Termination is thereafter given by (which may occur only after the Company end of such 12 month period), the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement the Executive's employment hereunder for "Disability"."
Appears in 3 contracts
Samples: Employment Agreement (Chartwell Re Corp), Employment Agreement (Chartwell Re Corp), Employment Agreement (Chartwell Re Corp)
Disability. If, as a result of the Executive's incapacity of the Executive due to physical or mental illness, the Executive shall have been absent from wholly incapable of performing his or her duties with the Company on for a full-time basis for continuous period of not less than six (6) months and within 30 days after written notice of termination is thereafter given during any eighteen (18) month period, his or her employment may be terminated by the Company for “Disability” after delivering a written Notice of Termination to the Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement for "Disabilitywith respect thereto."
Appears in 3 contracts
Samples: Employment Agreement (Andover Medical, Inc.), Employment Agreement (Andover Medical, Inc.), Employment Agreement (Andover Medical, Inc.)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six one hundred twenty (120) consecutive days or a period of one hundred eighty (180) days within twelve (12) consecutive months (including days before and after the change of control) and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's ’s duties, the Company may terminate this Agreement for "“Disability."”
Appears in 3 contracts
Samples: Change of Control Agreement (Unifi Inc), Change of Control Agreement (Unifi Inc), Change of Control Agreement (Unifi Inc)
Disability. IfIf Executive will fail to perform any of Executive's job duties under this Agreement as the result of illness or other incapacity, with or without reasonable accommodation, for a period of more than eight consecutive weeks, or for more than eight weeks within any six-month period, as a result of the determined by Company, Company may, at its option, and upon notice to Executive, terminate Executive's incapacity due to physical or mental illness, employment effective on the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice date of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement for "Disabilitythat notice."
Appears in 3 contracts
Samples: Executive Employment Agreement (Command Center, Inc.), Executive Employment Agreement (Command Center, Inc.), Executive Employment Agreement (Command Center, Inc.)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis performance of his duties hereunder for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination (as defined in Section 7 hereof) is thereafter given by the Company the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement the Executive's employment hereunder (and the Employment Period) for "Disability."
Appears in 3 contracts
Samples: Employment Agreement (Maxcor Financial Group Inc), Employment Agreement (Maxcor Financial Group Inc), Employment Agreement (Maxcor Financial Group Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement the Executive for "“Disability."”
Appears in 3 contracts
Samples: Executive Change of Control Agreement (Winnebago Industries Inc), Executive Change of Control Agreement (Winnebago Industries Inc), Executive Change of Control Agreement (Winnebago Industries Inc)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, (i) the Executive shall have been absent from his duties with the Company on a full-time basis for six nine (9) months and (ii) within 30 thirty (30) days after written notice such nine (9) month period a “Notice of termination Termination” (as defined in Section 3(f)) is thereafter given by the Company to the Executive and (iii) thereafter the Executive shall not have returned to the full-time performance of the Executive's ’s duties, the Company may terminate this Agreement for "“Disability”."
Appears in 3 contracts
Samples: Severance Agreement (Meredith Corp), Severance Agreement (Meredith Corp), Severance Agreement (Meredith Corp)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice of termination is thereafter given by (which may occur before or after the Company the Executive end of such six-month periods) shall not have returned to the performance of his duties hereunder on a full-time performance of basis, the Subsidiary may terminate the Executive's duties, the Company may terminate this Agreement for "Disabilityemployment hereunder."
Appears in 3 contracts
Samples: Management Agreement (Metro Capital Corp), Management Agreement (Bishop Capital Corp), Management Agreement (Bishop Capital Corp)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from the full-time performance of his duties with the Company on a full-time basis Corporation for six consecutive months and and, within 30 days after written notice Notice of termination Termination (as defined in Section 3.5) is thereafter given by to the Company the Executive Executive, shall not have returned to the full-time performance of the Executive's his duties, the Company Executive’s employment may terminate this Agreement be terminated for "“Disability."”
Appears in 3 contracts
Samples: Employment Agreement (Black & Decker Corp), Employment Agreement (Black & Decker Corp), Employment Agreement (Black & Decker Corp)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis performance of his duties hereunder for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination (as defined in Section 8) is thereafter given by the Company the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of basis, the Corporation may terminate the Executive's duties, the Company may terminate this Agreement employment hereunder for "Disability."
Appears in 3 contracts
Samples: Employment Agreement (Fleet Financial Group Inc), Employment Agreement (Nationsbank Corp), Employment Agreement (Fleet Financial Group Inc)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illnessillness or injury, the Executive shall have been absent from the performance of his duties with the Company on hereunder for a full-time basis for period of six consecutive months and or 180 days within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutiesa one year period, the Company may terminate this Agreement the Executive’s employment hereunder for "“Disability."”
Appears in 3 contracts
Samples: Employment Agreement (Ness Technologies Inc), Employment Agreement (Ness Technologies Inc), Employment Agreement (Ness Technologies Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time full‑time basis for six one hundred twenty (120) consecutive days or a period of one hundred eighty (180) days within twelve (12) consecutive months (including days before and after the change of control) and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time full‑time performance of the Executive's duties, the Company may terminate this Agreement for "Disability."" 2
Appears in 3 contracts
Samples: Change of Control Agreement (Unifi Inc), Change of Control Agreement (Unifi Inc), Change of Control Agreement (Unifi Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis performance of his duties hereunder for the entire period of six months (6) consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination (as defined in Section 8 hereof) is thereafter given by the Company the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement the Executive's employment hereunder (and the Employment Period) for "Disability."
Appears in 3 contracts
Samples: Employment Agreement (Affordable Residential Communities Inc), Employment Agreement (Affordable Residential Communities Inc), Employment Agreement (Affordable Residential Communities Inc)
Disability. IfIf Executive will fail to perform any of Executive’s duties or other obligations under this Agreement as the result of illness or other incapacity, with or without reasonable accommodation, for a period of more than eight consecutive weeks, or for more than eight weeks within any six-month period, as a result determined by Company, Company may, at its option, and upon notice to Executive, terminate Executive’s employment effective on the date of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement for "Disabilitythat notice."
Appears in 3 contracts
Samples: Executive Employment Agreement (iCoreConnect Inc.), Executive Employment Agreement (iCoreConnect Inc.), Executive Employment Agreement (iCoreConnect Inc.)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illnessimpairment, the Executive shall will have been absent from substantially unable to perform his duties with the Company on under this Agreement for a fullcontinuous period of 180 days or for 210 days within any twelve-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutiesmonth period, then the Company may terminate this Agreement for "Executive’s employment as a result of “Disability."”
Appears in 3 contracts
Samples: Employment Agreement (Hyzon Motors Inc.), Employment Agreement (Hyzon Motors Inc.), Employment Agreement (Hyzon Motors Inc.)
Disability. If, as a result of the Executive's incapacity of the Executive due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's duties, his duties with the Company for a time equivalent to six (6) months during any eighteen (18) month period, his employment may terminate this Agreement be terminated by the Company for "“Disability."”
Appears in 3 contracts
Samples: Employment Agreement (CPM Holdings, Inc.), Employment Agreement (CPM Holdings, Inc.), Employment Agreement (CPM Holdings, Inc.)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six (6) months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time full performance of the Executive's dutieshis duties within sixty (60) days after written notice of termination under this Section, the Company may terminate this Agreement for "Disability."
Appears in 2 contracts
Samples: Employment Agreement (U S Vision Inc), Employment Agreement (U S Vision Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination is thereafter given by (which may occur before or after the Company the Executive end of such six month period) shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement for "Disabilitythe Executive's employment hereunder."
Appears in 2 contracts
Samples: Employment Agreement (Polo Ralph Lauren Corp), Employment Agreement (Polo Ralph Lauren Corp)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of his duties with the Executive's dutiesCompany for sixty days, the Company may terminate the Executive’s employment under this Agreement contract. A termination for "Disabilitydisability under this section shall not affect the employee’s rights to short-term disability benefits or long-term disability benefits as may be provided by under any disability plan which the Company may have in place for its employees."
Appears in 2 contracts
Samples: Employment Agreement (CNB Financial Services Inc), Employment Agreement (CNB Financial Services Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illnessillness ("Disability"), the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of his duties with the Company for any six months within any consecutive 12-month period, Executive's duties, the Company employment may terminate this Agreement for "Disabilitybe terminated."
Appears in 2 contracts
Samples: Employment Agreement (Foodbrands America Inc), Employment Agreement (Foodbrands America Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his her duties with the Company hereunder on a full-time basis for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination is thereafter given by (which may occur before or after the Company the Executive end of such six month period) shall not have returned to the performance of her duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement for "Disabilitythe Executive's employment hereunder."
Appears in 2 contracts
Samples: Employment Agreement (Polo Ralph Lauren Corp), Employment Agreement (Polo Ralph Lauren Corp)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company Corporation on a full-time basis for six three (3) consecutive months or an aggregate of one hundred twenty (120) days in any twelve (12) month period, and within 30 thirty (30) days after written notice of termination is thereafter given by the Company the given, Executive shall not have returned to the full-full time performance of the Executive's duties, the Company Corporation may terminate this Agreement for Executive's employment by reason of his "Disability."
Appears in 2 contracts
Samples: Merger Agreement (Doubleclick Inc), Merger Agreement (Doubleclick Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-full time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutiesninety (90) consecutive days, the Company may terminate this Agreement its obligations hereunder, except for "Disabilitythose obligations provided for in Section 6(a) hereof. The determination of whether the Executive is disabled due to physical or mental illness shall be made by a licensed physician satisfactory to the Executive and to the Company."
Appears in 2 contracts
Samples: Employment Agreement (SCB Computer Technology Inc), Employment Agreement (SCB Computer Technology Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis performance of his duties hereunder for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination (as defined in Section 8 hereof) is thereafter given by the Company the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement the Executive's employment hereunder for "Disability."
Appears in 2 contracts
Samples: Employment Agreement (PNC Bank Corp), Employment Agreement (Financial Services Acquisition Corp /De/)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from the performance of his duties with the Company on a full-time basis under this Agreement for six consecutive months during any twelve-month period, and within 30 days after written notice of termination is thereafter given by (which notice may only be given after the Company end of such six-month period), the Executive shall not have returned to the full-time performance of the Executive's dutieshis duties under this Agreement, the Company may terminate the Executive's employment under this Agreement for "Disability."
Appears in 2 contracts
Samples: Employment Agreement (Sportsline Com Inc), Employment Agreement (Sportsline Usa Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis performance of his duties hereunder for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination (as defined in Section 7 hereof) is thereafter given by the Company the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement the Executive's employment hereunder (and the Employment Period) for "Disability."
Appears in 2 contracts
Samples: Employment Agreement (Maxcor Financial Group Inc), Employment Agreement (Maxcor Financial Group Inc)
Disability. If, as a result of the Executive's Executives incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's Executives duties, the Company may terminate this Agreement the Executive for "Disability."
Appears in 2 contracts
Samples: Executive Change of Control Agreement, Executive Change of Control Agreement (Winnebago Industries Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time full‑time basis for six one hundred twenty (120) consecutive days or a period of one hundred eighty (180) days within twelve (12) consecutive months (including days before and after the change of control) and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time full‑time performance of the Executive's duties, the Company may terminate this Agreement for "Disability."
Appears in 2 contracts
Samples: Change of Control Agreement (Unifi Inc), Change of Control Agreement (Unifi Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive he shall have been absent from his duties with the Company Employer on a full-full time basis for six months (6) consecutive months, and if he shall have not returned to the full time performance of his duties within 30 thirty (30) days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutiesafter such six (6) month period, the Company Employer may terminate this Agreement for "Disability."
Appears in 2 contracts
Samples: Employment Agreement (Wolverine World Wide Inc /De/), Employment Agreement (Wolverine World Wide Inc /De/)
Disability. IfThe Executive's employment shall be deemed to have been terminated by "Disability" if, as a result of the Executive's his incapacity due to physical or mental illness, the Executive he shall have been absent from his duties with the Company on a full-time basis for the entire period of six months consecutive months, and within 30 days after written notice of termination is thereafter given by (which may occur before or after the Company the Executive end of such six-month period) he shall not have returned to the full-time performance of the Executive's his duties, the Company may terminate this Agreement for "Disability."
Appears in 2 contracts
Samples: Severance Agreement (Max & Ermas Restaurants Inc), Severance Agreement (Max & Ermas Restaurants Inc)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of her duties with the Executive's dutiesCompany for sixty days, the Company may terminate the Executive’s employment under this Agreement contract. A termination for "Disabilitydisability under this section shall not affect the employee’s rights to short-term disability benefits or long-term disability benefits as may be provided by under any disability plan which the Company may have in place for its employees."
Appears in 2 contracts
Samples: Employment Agreement (CNB Financial Services Inc), Employment Agreement (CNB Financial Services Inc)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis performance of his duties hereunder for the entire period of six months consecutive months, and within 30 days after written notice Notice of termination Termination (as defined in Section 8) is thereafter given by the Company the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement Executive’s employment hereunder for "“Disability."”
Appears in 2 contracts
Samples: Executive Employment Agreement (Northstar Realty), Executive Employment Agreement (Northstar Realty)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive he shall have been absent from the full-time performance of his duties with the Company on a full-time basis for six months (6) consecutive months, and within 30 thirty (30) days after written notice of termination is thereafter given by the Company the Executive he shall not have returned to the full-time performance of his duties, the Executive's duties, the Company employment may terminate this Agreement be terminated for "Disability"."
Appears in 2 contracts
Samples: Executive Severance and Indemnification Agreement (Procept Inc), Executive Severance and Indemnification Agreement (Procept Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice of termination is thereafter given by (which may occur before or after the Company the Executive end of such six-month period) shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement for "Disabilitythe Executive's employment hereunder."
Appears in 2 contracts
Samples: Employment Agreement (Ust Inc), Employment Agreement (Ust Inc)
Disability. IfThe Company may terminate the Executive's employment hereunder if, as a result of the Executive's incapacity due to physical or mental illnessillness ("Disability"), the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for six months and within 30 180 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the fullduring any eight-time performance of the Executive's duties, the Company may terminate this Agreement for "Disabilitymonth period."
Appears in 2 contracts
Samples: Employment Agreement (Polyvision Corp), Employment Agreement (Polyvision Corp)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-full time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutiesninety (90) consecutive days, the Company may terminate this Agreement its obligations hereunder, except for "Disabilitythose obligations provided for in Section 8(a) hereof. The determination of whether the Executive is disabled due to physical or mental illness shall be made by a licensed physician satisfactory to the Executive and to the Company."
Appears in 2 contracts
Samples: Chief Executive Officer Agreement (Delta Entertainment Group, Inc.), Contract of Employment (Intergraph Corp)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illnessillness or injury, the Executive shall have been absent from the performance of his duties with the Company on hereunder for a full-time basis for six period of three consecutive months and or 120 days within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutiesa one year period, the Company may terminate this Agreement the Executive’s employment hereunder for "“Disability."”
Appears in 2 contracts
Samples: Employment Agreement (Ness Technologies Inc), Employment Agreement (Ness Technologies Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive he shall have been absent from his duties with the Company Corporation on a full-time basis for six months 26 consecutive weeks, and within 30 days after written notice of termination is thereafter given by the Company the Executive he shall not have returned to the full-time performance of the Executive's his duties, the Company Corporation may terminate this Agreement for "Disability."
Appears in 2 contracts
Samples: Executive Agreement (V F Corp /Pa/), Executive Agreement (V F Corp)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, (i) the Executive shall have been absent from his duties with the Company on a full-time basis for six nine (9) months and (ii) within 30 thirty (30) days after written notice such nine (9) month period a "Notice of termination Termination" (as defined in Section 3(f)) is thereafter given by the Company to the Executive and (iii) thereafter the Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement for "Disability"."
Appears in 2 contracts
Samples: Severance Agreement (Meredith Corp), Severance Agreement (Meredith Corp)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, If the Executive shall have been is absent from his duties with the Company on a full-time basis for six eighteen consecutive months due to a physical or mental incapacity, and within 30 days after written notice of termination is thereafter given by the Company the Executive shall has not have returned to the full-time performance of the Executive's dutiesduties within thirty (30) days after written Notice of Termination is given to the Executive by the Company, such termination shall be considered to be termination by the Company may terminate this Agreement for "Disability" for purposes of this Agreement."
Appears in 2 contracts
Samples: Executive Severance Agreement (Milacron Inc), Executive Severance Agreement (Milacron Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis performance of his duties hereunder for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination (as defined in Section 8 hereof) is thereafter given by the Company the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement the Executive's employment hereunder (and the Employment Period) for "Disability."
Appears in 2 contracts
Samples: Employment Agreement (Maxcor Financial Group Inc), Employment Agreement (Maxcor Financial Group Inc)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illnessimpairment, the Executive shall will have been absent from his substantially unable to perform her duties with the Company on under this Agreement for a fullcontinuous period of 180 days or for 210 days within any one-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutiesyear period, then the Company may terminate this Agreement for "Executive’s employment as a result of “Disability."”
Appears in 2 contracts
Samples: Employment Agreement (Hyzon Motors Inc.), Employment Agreement (Hyzon Motors Inc.)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's duties90 days, the Company may terminate this Agreement for "“Disability."”
Appears in 2 contracts
Samples: Executive Employment Agreement (Bank of Marin Bancorp), Executive Employment Agreement (Bank of Marin Bancorp)
Disability. IfExecutive’s employment may be terminated by the Company if, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his is unable to perform her duties with the Company on a full-time basis for six (6) consecutives months and within 30 thirty (30) days after written notice a Notice of termination Termination is thereafter given by the Company the to Executive, Executive shall has not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement for "Disabilitywork."
Appears in 2 contracts
Samples: Employment Agreement (Susser Holdings CORP), Employment Agreement (Susser Holdings CORP)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for six months the entire period of four consecutive months, and within 30 thirty days after written notice of termination is thereafter given by (which may occur before or after the Company the Executive end of such four month period) shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement Executive's employment hereunder for "Disability."
Appears in 2 contracts
Samples: Executive Employment Agreement (Barry R G Corp /Oh/), Executive Employment Agreement (Barry R G Corp /Oh/)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, If the Executive shall have been is absent from his duties with the Company on a full-time basis for six twelve (12) consecutive months due to a physical or mental incapacity, and within 30 days after written notice of termination is thereafter given by the Company the Executive shall has not have returned to the full-time performance of the Executive's dutiesduties within thirty (30) days after written Notice of Termination is given to the Executive by the Company, such termination shall be considered to be termination by the Company may terminate this Agreement for "Disability" for purposes of this Agreement."
Appears in 2 contracts
Samples: Executive Severance Agreement (Milacron Inc), Executive Severance Agreement (Milacron Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from form his duties with hereunder fro the Company on a full-time basis for entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination (as defined in paragraph (e) below) is thereafter given by the Company the Executive given, shall not have returned to the full-time performance of the Executive's dutieshis duties hereunder, the Company may terminate this Agreement the Executive's employment hereunder for "Disability."
Appears in 2 contracts
Samples: Employment Agreement (Idt Corp), Employment Agreement (Idt Corp)
Disability. If, as a result of the Executive's incapacity due to physical or mental illnessillness as determined by the Company in its sole discretion, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for a period of six months consecutive months, and within 30 days after written notice Notice of termination Termination is thereafter given by (which may occur before or after the Company the Executive end of such six month period) shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may immediately terminate this Agreement for "Disabilitythe Executive's employment hereunder."
Appears in 2 contracts
Samples: Senior Executive Employment Agreement (Venator Group Inc), Executive Employment Agreement (Venator Group Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for six months the entire period of four (4) consecutive months, and within 30 ten (10) days after written notice of termination is thereafter given by (which may occur before or after the Company the Executive end of such four (4) month period) shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement Executive's employment hereunder for "Disability."
Appears in 2 contracts
Samples: Executive Employment Agreement (Barry R G Corp /Oh/), Executive Employment Agreement (Barry R G Corp /Oh/)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-full time basis for six months one hundred twenty (120) consecutive business days, and within 30 thirty (30) days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's dutieshis duties hereunder on a full time basis, the Company may terminate this Agreement for "Disabilitythe Executive's employment hereunder."
Appears in 2 contracts
Samples: Employment Agreement (Masimo Corp), Employment Agreement (Masimo Corp)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's ’s duties, the Company may terminate this Agreement the Executive for "“Disability”."
Appears in 2 contracts
Samples: Executive Change of Control Agreement (Winnebago Industries Inc), Executive Change of Control Agreement (Winnebago Industries Inc)
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for the entire period of six consecutive months and within 30 thirty (30) days after written notice of such termination is thereafter given received by the Company Executive (after the end of such six-month period) Executive shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement for "DisabilityExecutive’s employment hereunder."
Appears in 1 contract
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, If the Executive shall have been is absent from his duties with the Company Combined Enterprise on a full-time basis for six eighteen consecutive months due to a physical or mental incapacity, and within 30 days after written notice of termination is thereafter given by the Company the Executive shall has not have returned to the full-time performance of the Executive's dutiesduties with thirty (30) days after written Notice of Termination (as defined below) is given to the Executive by Boise Office Solutions, the Company may terminate this Agreement such termination shall be considered to be termination by Boise Office Solutions for "Disability" for purposes of this Agreement."
Appears in 1 contract
Samples: Employment Agreement (Officemax Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illnessillness or injury, the Executive shall have been absent from his duties with the Company on a Executive’s full-time basis duties hereunder for six months (6) consecutive months, then Executive’s employment and within 30 days after the Term shall be automatically terminated, without notice, at the end of such six (6) consecutive month period unless the Company provides Executive with written notice of termination is thereafter given by that Executive’s employment and the Company the Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement for "DisabilityTerm will nonetheless continue."
Appears in 1 contract
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and monthsand within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's ’s duties, the Company may terminate this Agreement the Executive for "“Disability."”
Appears in 1 contract
Samples: Executive Change of Control Agreement (Winnebago Industries Inc)
Disability. IfThe Company may terminate the Executive's employment hereunder if, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for six months the entire period of four consecutive months, and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's duties, his duties hereunder within thirty (30) days after the Company gives the Executive written Notice of Termination (which may terminate this Agreement for "Disabilityoccur before or after the end of such four-month period)."
Appears in 1 contract
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties unable to perform the essential functions of her position, even with reasonable accommodation that does not impose an undue hardship on the Company Company, on a full-time fulltime basis for the entire period of six months (6) consecutive months, and within 30 thirty (30) days after written notice of termination is thereafter given by (which may occur before or after the Company the Executive end of such sixmonth period), shall not have returned to the performance of her duties hereunder on a full-time performance of the Executive's dutiesbasis (a "disability"), the Company may terminate this Agreement for "Disabilitythe Executive's employment hereunder."
Appears in 1 contract
Samples: Executive Severance Agreement (Apria Healthcare Group Inc)
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination is thereafter given by (which may occur before or after the Company the Executive end of such six month period) shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis (a "Disability"), the Company may terminate this Agreement for "Disabilitythe Executive's employment hereunder."
Appears in 1 contract
Disability. If, as a result of the Executive's ’s incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis performance of her duties hereunder for the entire period of six months consecutive months, and within 30 thirty (30) days after written notice Notice of termination Termination (as defined in Section 5(a)) is thereafter given by the Company the Executive shall not have returned to the performance of her duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement Executive’s employment hereunder for "“Disability."”
Appears in 1 contract
Disability. If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company hereunder on a full-time basis for six months and 180 consecutive days and, within 30 thirty (30) days after written notice a Notice of termination Termination (as hereinafter defined) is thereafter given by the Company Company, the Executive shall not have returned to the performance of his duties hereunder on a full-time performance of the Executive's dutiesbasis, the Company may terminate this Agreement for "Disabilitythe Executive's employment hereunder."
Appears in 1 contract
Disability. If, as a result of the Executive's incapacity ’s in capacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's ’s duties, the Company may terminate this Agreement the Executive for "“Disability."”
Appears in 1 contract
Samples: Executive Change of Control Agreement (Winnebago Industries Inc)
Disability. If, as a result of the Executive's incapacity of the Executive due to physical or mental illnessillness which constitutes "disability" under any disability plan maintained by the Company of which the Executive is a participant, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's duties, his duties with the Company for six (6) months during any eighteen (18)-month period, his employment may terminate this Agreement be terminated by the Company for "Disability."
Appears in 1 contract