Common use of Disability Clause in Contracts

Disability. The Company may terminate the Executive's employment hereunder if the Executive, by reason of physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave).

Disability. The Company may shall be entitled to terminate the Executive's ’s employment hereunder if for “Disability” if, as a result of the Executive, by reason of ’s incapacity due to physical or mental disabilityillness or injury, is after any accommodation required by law, the Executive shall have been unable to fulfil perform his obligations and duties hereunder on a full time basis for a period of ninety (90) consecutive days, and within thirty (30) days after Notice of Termination (as defined in Section 4 months in any 12 month below) for Disability is given following such 90-day period (other than by reason the Executive shall not have returned to the performance of authorized vacation or leave)his duties on a full-time basis.

Disability. The Company may terminate Executive’s employment if Executive has been unable to perform the Executive's material duties of his employment hereunder if the Executive, by reason for a period of three (3) consecutive months in any 12-month period because of physical or mental disabilityinjury or illness (“Disability”); provided, is unable however, that the Company shall continue to fulfil his obligations pay Executive’s Base Salary until the Company acts to terminate Executive’s employment. Executive agrees, in the event of a dispute under this Section 2.3 relating to Executive’s Disability, to submit to a physical examination by a licensed physician jointly selected by the Board and duties hereunder on a full time basis Executive. If the Company terminates Executive’s employment for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave).Disability, Executive shall be entitled to receive the following:

Disability. The Company may terminate Executive’s employment shall be deemed to have been terminated for “Disability” if, as a result of the Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness, is unable to fulfil the Executive shall have been absent from his obligations and or her duties hereunder with the Corporation on a full full-time basis for a the entire period of 4 months in any 12 four consecutive months, and within 30 days after written notice of termination is given (which may occur before or after the end of such four-month period (other than by reason period) the Executive shall not have returned to the full-time performance of authorized vacation his or leave)her duties.

Disability. The Company may shall have the right to terminate the Executive's ’s employment hereunder if the for Disability (as defined below). “Disability” shall mean Executive, by reason of physical or mental disability, is unable ’s inability to fulfil his obligations and perform Executive’s duties hereunder on a full full-time basis for a period of 4 months ninety (90) days during any three hundred sixty-five (365) day period, as a result of physical or mental incapacity as determined by a medical doctor reasonably selected in any 12 month period (other than good faith by reason of authorized vacation or leave)the Company. Any action taken pursuant to this Section 7(b) shall be in accordance with the Americans with Disabilities Act.

Disability. The Company may shall be entitled to terminate the Executive's ’s employment hereunder if for “Disability” if, as a result of the Executive, by reason of ’s incapacity due to physical or mental disabilityillness or injury, is the Executive shall have been unable to fulfil perform his obligations and duties hereunder on a full time basis for a period of ninety (90) consecutive days, and within thirty (30) days after Notice of Termination (as defined in Section 4 months in any 12 month below) for Disability is given following such 90-day period (other than by reason the Executive shall not have returned to the performance of authorized vacation or leave)his duties on a full-time basis.

Disability. The Company may terminate the If, as a result of Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness, Executive is substantially unable to fulfil perform his obligations duties under this Agreement (with or without reasonable accommodation, as defined under the Americans With Disabilities Act) for an entire period of six (6) consecutive months, and within thirty (30) days after a Notice of Termination (as defined in Section 6(a)) is given after such six (6) month period, and Executive does not return to the substantial performance of his duties hereunder on a full full-time basis basis, the Company has the right to terminate Executive’s employment under this Agreement for “Disability,” and such termination will not be a period breach of 4 months in any 12 month period (other than this Agreement by reason of authorized vacation or leave)the Company.

Disability. The Company may terminate the If, as a result of Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness, Executive is substantially unable to perform Executive’s duties under this Agreement (with or without reasonable accommodations, as defined under the Americans With Disabilities Act), for an entire period of six (6) consecutive months, and within thirty (30) days after a Notice of Termination (as defined in Section 7(a)), is unable given after such six (6) month period, Executive does not return to fulfil his obligations and the substantial performance of Executive’s duties hereunder on a full full- time basis basis, the Company has the right to terminate Executive’s employment under this Agreement for “Disability,” and such termination will not be a period breach of 4 months in any 12 month period (other than this Agreement by reason of authorized vacation or leave)the Company.

Disability. The Company may shall have the right to terminate the Executive's ’s employment hereunder if the for Disability by providing Executive with a Notice of Termination (as defined below) at least thirty (30) days prior to such termination. For purposes of this Agreement, “Disability” shall mean Executive, ’s becoming incapacitated by reason of sickness, accident or other physical or mental disability, is incapacity and having been unable to fulfil perform his obligations and normal duties hereunder on a full time basis for a period of 4 six (6) consecutive months in any 12 month period (other than by reason of authorized vacation or leave)as a result thereof.

Disability. The Company If, in the reasonable good faith determination of the Board of Directors, as a result of the Executive's incapacity due to physical or mental illness or disability, the Executive shall have been incapable of performing his duties hereunder even with a reasonable accommodation on a full-time basis for the entire period of three consecutive months or any 90 days in a 180-day period, and within 30 days after written Notice of Termination (as defined in Section 6(c)) is given he shall not have returned to the performance of his duties hereunder on a full-time basis, the Employer may terminate the Executive's employment hereunder if the Executive, by reason of physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)hereunder.

Disability. The In the event that Executive becomes disabled during his employment hereunder through any illness, injury, accident or condition of either a physical or psychological nature and, as a result, is unable to perform the essential functions of his position hereunder, with or without reasonable accommodation, for at least eighty (80) days during any period of one-hundred eighty (180) consecutive calendar days, the Company may terminate the Executive's ’s employment hereunder if with thirty (30) day written notice. In that event, the Company shall pay to the Executive, by reason any earned and unpaid Base Salary and his pro-rated annual Target Bonus through the date of physical termination. The Company shall have no further obligation or mental disability, is unable liability to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)the Executive.

Disability. The Company Executive’s employment may terminate be terminated by the Executive's employment hereunder if Employer due to illness or other physical or mental disability of the Executive, by reason of physical or mental disability, is unable resulting in Executive’s inability to fulfil his obligations and perform substantially Executive’s duties hereunder on a full time basis under this Agreement for a period of 4 months ninety (90) or more consecutive days or for one hundred eighty (180) days in the aggregate during any 12 consecutive twelve (12) month period (other than by reason of authorized vacation or leave“Disability”).

Disability. The Company may terminate the Executive's employment hereunder if may be terminated by the Company due to illness or other physical or mental disability of the Executive, by reason of physical or mental disability, is unable resulting in his inability to fulfil perform substantially his obligations and duties hereunder on a full time basis under this Agreement for a period of 4 months ninety (90) or more consecutive days or for one hundred eighty (180) days in the aggregate during any 12 consecutive twelve (12) month period (other than by reason of authorized vacation or leave"Disability").

Disability. The Company may shall have the right to terminate the Executive's employment hereunder if the Executive, by reason of physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis the Executive's becoming Disabled for a an aggregate period of 4 months ninety (90) days in any 12 month consecutive three hundred sixty (360) day period (other than by reason of authorized vacation or leavethe “Disability Period”).

Disability. The Company may terminate the Executive's ’s employment hereunder if the ExecutiveExecutive becomes subject to a Disability. For purposes of this Agreement, by reason of physical or mental disability, “Disability” means the Executive is unable to fulfil perform the essential functions of his obligations position as Founder and duties hereunder on Chairman Emeritus, with or without a full time basis reasonable accommodation, for a period of 4 months in ninety (90) consecutive calendar days or one hundred eighty (180) non-consecutive calendar days within any 12 rolling twelve (12) month period (other than by reason of authorized vacation or leave)period.

Disability. The Company may terminate the Executive's ’s employment hereunder if for Disability upon ninety (90) days written notice. For purposes of this Agreement, “Disability” means a determination by the Executive, by reason Company in accordance with applicable law that as a result of a physical or mental disabilityinjury, illness, or impairment, Executive is unable to fulfil perform the essential functions of his obligations and duties hereunder on a full time basis position with or without reasonable accommodation for a period of 4 months (i) ninety (90) consecutive days, or (ii) one hundred twenty (120) days (which days need not be consecutive) in any 12 month period one (other than by reason of authorized vacation or leave)1) year period.

Disability. The Company may shall have the right to terminate the Executive's ’s employment hereunder if the Executive, Board of Directors determines that the Executive is unable to perform his duties by reason of Disability. As used herein, “Disability” shall mean the inability of the Executive due to physical or mental disability, is unable illness or injury to fulfil perform his obligations and duties hereunder on a full time basis for a any period of 4 months in any 12 month period (other than by reason 180 consecutive days and the return of authorized vacation the Executive to his duties for periods of 15 days or leave)less shall not interrupt such 180 day period.

Disability. The Company may terminate the Executive's ’s employment hereunder due to Executive’s “Disability” (defined below) while Executive is so Disabled. For purposes of this Agreement, a termination due to Executive’s “Disability” shall be deemed to have occurred if the Executive, by reason of physical or mental disability, is unable Executive has not been able to fulfil perform his obligations and material duties hereunder on for one hundred eighty (180) days in a full time basis for a period of 4 months in any 12 month period three hundred sixty five (other than by reason of authorized vacation or leave)365) day period.

Disability. The Company may terminate If during the Executive's employment hereunder if the ExecutiveTerm of this Agreement, by reason of physical Executive becomes physically or mental disability, is mentally unable to fulfil his obligations perform her duties for the Company hereunder and duties hereunder on such incapacity has continued for a full time basis for total of ninety (90) consecutive days or any one hundred twenty (120) days in a period of 4 months in any 12 month period three hundred sixty-five (other than by reason of authorized vacation or leave365) consecutive days (“Disability”), then the Company shall have the right to terminate Executive’s employment with the Company upon written notice to Executive.

Disability. The Company may shall have the right to terminate the Executive's employment hereunder if during the ExecutivePeriod of Employment upon not less than thirty (30) days prior written notice to Executive or his personal representative if, by reason because of mental or physical or mental disability, is unable to fulfil Executive shall have been incapable, with reasonable accommodation, of satisfactorily performing his obligations and duties hereunder on a full time basis under Section 2 hereof for a continuous period of 4 months one hundred twenty (120) days or for a total period of two hundred ten (210) days in any 12 month three hundred sixty (360) day-period (other than by reason prior to the date of authorized vacation or leave)such notice.

Disability. The Company may terminate the Executive's ’s employment hereunder if the ExecutiveExecutive becomes subject to a Disability. For purposes of this Agreement, by reason of physical or mental disability, “Disability” means the Executive is unable to fulfil perform the essential functions of his obligations and duties hereunder on position as Executive Vice President , with or without a full time basis reasonable accommodation, for a period of 4 months in one-hundred twenty (120) consecutive days or one-hundred eighty (180) days during any 12 rolling consecutive twelve (12) month period (other than by reason of authorized vacation or leave)period.

Disability. The Company may shall have the right to terminate the Executive's employment hereunder if during the ExecutiveEmployment Term upon not less than thirty (30) days prior written notice to Executive or his personal representative if, by reason because of mental or physical or mental disability, is unable to fulfil Executive shall have been incapable, with reasonable accommodation, of satisfactorily performing the essential functions of his obligations and duties hereunder on a full time basis job under Section 2 hereof for a continuous period of 4 months one hundred twenty (120) days or for a total period of two hundred ten (210) days in any 12 month three hundred sixty (360) day-period (other than by reason prior to the date of authorized vacation or leave)such notice.

Disability. The Company may terminate the Executive's employment hereunder if the Executive, by reason of due to physical or mental disabilityinjury or illness, is unable to fulfil his obligations and perform the Executive's duties hereunder on a full time basis under this Agreement for a period an aggregate of 4 months in 135 days out of any 12 month period (other than by reason of authorized vacation or leave)270 day period.

Disability. The Company may terminate the If, as a result of Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness, is Executive shall have been substantially unable to fulfil perform his obligations and duties hereunder on a full time basis for a an entire period of 4 months at least 90 consecutive days or 180 non-consecutive days within any 365-day period, the Company shall have the right to terminate Executive’s employment hereunder for “Disability”, and such termination in any 12 month period (other than by reason and of authorized vacation or leave)itself shall not be, nor shall it be deemed to be, a breach of this Agreement.

Disability. The If, as a result of the Executive’s incapacity due to physical or mental illness as determined by a physician selected by the Executive, and reasonably acceptable to the Company, (i) the Executive shall have been substantially unable to perform his duties hereunder for two consecutive months, or for an aggregate of 60 days during any period of twelve consecutive months and (ii) within thirty days after written Notice of Termination is given to the Executive after such two- or twelve- month period, the Executive shall not have returned to the substantial performance of his duties on a full-time basis, the Company may shall have the right to terminate the Executive's ’s employment hereunder if the Executive, by reason of physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)“Disability”.

Disability. The Company may terminate If, as a result of the Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness, is the Executive shall have been substantially unable to fulfil perform his obligations and duties hereunder on a full time basis for a an entire period of 4 months in at least 90 consecutive days or 180 non-consecutive days within any 12 month 365-day period (other than by reason “Disability”), the Employer shall have the right to terminate the Employment and the Employment Period without further notice and such termination in and of authorized vacation or leave)itself shall not be, nor shall it be deemed to be, a breach of this Agreement.

Disability. The Company may terminate the Executive's employment hereunder if the Executivefor ---------- "Disability" if, by reason of due to physical or mental disabilityillness or incapacity, is unable to fulfil Executive shall not have performed his obligations and duties hereunder with the Company on a full substantially full- time basis for (i) six (6) consecutive months, or (ii) for a total of 180 days in any given period of 4 months in any 12 month twelve (12) consecutive months, but only if Executive shall not have returned to the full-time performance of his duties with the Company during the thirty (30) day period (other than following the delivery by reason the Company of authorized vacation or leave)a written notice of termination for Disability.

Disability. The Company may terminate the Executive's employment hereunder this Agreement without liability if the Executive, Executive shall be permanently prevented from properly performing his essential duties with reasonable accommodation by reason of illness or other physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis incapacity for a period of 4 months in more than 60 consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid base salary, accrued bonus (if any), and accrued but unused paid time off. In the event Executive’s employment terminates under this Section 3.7, Executive may pursue long term disability benefits, if eligible, under any 12 month period (other than by reason of authorized vacation or leave)plan which the Company has provided for Executive.

Disability. The Company may terminate the If, as a result of Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness, is Executive shall have been substantially unable to fulfil perform his obligations and duties hereunder for an entire period of 180 days, and within 30 days after written Notice of Termination is given after such 180-day period, Executive shall not have returned to the substantial performance of his duties on a full full-time basis basis, the Company will have the right to terminate Executive’s employment hereunder for “Disability”, and such termination in and of itself shall not be, nor shall it be deemed to be, a period breach of 4 months in any 12 month period (other than by reason of authorized vacation or leave)this Agreement.

Disability. The Company may shall at all times have the right, upon written notice to the Executive, to terminate the Executive's employment hereunder hereunder, if the ExecutiveExecutive shall, by reason as the result of mental or physical incapacity, illness or mental disability, is become unable to fulfil perform the essential functions of his obligations and duties hereunder on a full time basis position, with or without reasonable accommodation, for a period of 4 months in 90 consecutive days or a period of 120 days during any 12 month period (period. Upon termination of the Executive's employment with the Company pursuant to this Section 3.3, the Executive shall, subject to the other than by reason provisions of authorized vacation or leave)this Agreement, only be entitled to the compensation specified in Sections 4.3, 4.6 and 4.8 hereof.

Disability. The If, as a result of Executive's incapacity due to physical or mental illness, Executive shall have been substantially unable to perform his duties hereunder for 120 days in any 365 day period, the Company may shall have the right to terminate the Executive's employment hereunder if the Executivefor "Disability", by reason and such termination in and of physical or mental disabilityitself shall not be, is unable nor shall it be deemed to fulfil his obligations and duties hereunder on be, a full time basis for a period breach of 4 months in any 12 month period (other than by reason of authorized vacation or leave)this Agreement.

Disability. The Company may terminate In the Executive's employment hereunder if the Executive, by reason of physical or mental disability, is unable to fulfil event that Executive shall suffer a ---------- disability which shall have prevented him from performing satisfactorily his obligations and duties hereunder on a full time basis for a period of 4 months at least 90 consecutive days, or 180 non- consecutive days within any 365 day period, the Company shall have the right to terminate Executive's employment for "Disability," such termination to be effective upon the giving of notice thereof to Executive in any 12 month period (other than by reason of authorized vacation or leave)accordance with Section 6.03 hereof.

Disability. The If the Executive has been unable to perform his obligations hereunder for six consecutive months, or for at least 180 days during any calendar year, due to Disability, the Company may shall thereafter have the right to terminate the Executive's employment hereunder if upon at least 30 days' prior written notice to the ExecutiveExecutive of the effective date of such termination, by reason of physical or mental disability, is unable and thereupon the Executive shall be entitled solely to fulfil his obligations the payments and duties hereunder on a full time basis for a period of 4 months benefits set forth in any 12 month period (other than by reason of authorized vacation or leave)Section 7(b) hereof.

Disability. The Company may shall be entitled to terminate the Executive's ’s employment hereunder if the for “Disability” if, as a result of Executive, by reason of ’s incapacity due to physical or mental disabilityillness or injury, is after any accommodation required by law, Executive shall have been unable to fulfil perform his obligations and duties hereunder on a full time basis for a period of ninety (90) consecutive days, and within thirty (30) days after Notice of Termination (as defined in Section 4 months in any 12 month period (other than by reason below) for Disability is given following such 90-day period, Executive shall not have returned to the performance of authorized vacation or leave)his duties on a full-time basis.

Disability. The Company may terminate the If, as a result of Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness, is Executive shall have been substantially unable to fulfil perform his obligations and duties hereunder on a full time basis for a period of 4 months at least 120 consecutive days or 180 non-consecutive days within any 365-day period, the Company shall have the right to terminate Executive’s employment hereunder for “Disability”, and such termination in and of itself shall not be, nor shall it be deemed to be, a breach of this Agreement or any 12 month period (other than by reason of authorized vacation or leave)law.

Disability. The Company may shall be entitled to terminate the Executive's ’s employment hereunder if the Executive, by reason of the Executive’s “Disability” if, as a result of the Executive’s incapacity due to physical or mental disabilityillness, is the Executive shall have been unable to fulfil perform his obligations and duties hereunder on a full time basis for a period of 4 six (6) consecutive months or for 180 days within any 365-day period, and within 30 days after written Notice of Termination (as defined below) for Disability is given following such 6-month or 180-day period, as the case may be, the Executive shall not have returned to the performance of his duties in any 12 month period (other than by reason of authorized vacation or leave)accordance with this Agreement.

Disability. The Company may shall have the right to terminate the Executive's employment hereunder if the Executive, by reason of physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis the Executive’s becoming Disabled for a an aggregate period of 4 months ninety (90) days in any 12 month consecutive three hundred sixty (360) day period (other than by reason of authorized vacation or leavethe “Disability Period”).

Disability. The Company may reserves the right to terminate the Executive's ’s employment hereunder if the Executiveupon thirty (30) days written notice if, by reason for a period of ninety (90) days, Executive is prevented from discharging his substantial or material duties due to any physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation with or leave)without reasonable accommodation.

Disability. The Company may shall be entitled to terminate the Executive's ’s employment hereunder if for “Disability” if, as a result of the Executive’s incapacity due to physical or mental illness or injury, the Executive (i) shall be become eligible to receive a benefit under the Company’s long-term disability plan applicable to the Executive, by reason of physical or mental disability(ii) if no such long-term disability plan is applicable to the Executive, is the Executive shall have been unable to fulfil perform his obligations and duties hereunder on a full time basis for a period of 4 months ninety (90) consecutive days or a period of ninety (90) days in any 12 month period one hundred eighty (other than by reason of authorized vacation or leave)180) day period.

Disability. The Company may terminate the Executive's employment hereunder if after having established the Executive's Disability or the Executive can terminate if he has established his Disability. For purposes of this Agreement, by reason of "Disability" means a physical or mental disability, is unable infirmity which impairs the Executive's ability to fulfil substantially perform his obligations and duties hereunder on a full time basis under this Agreement for a period of 4 months in at least one hundred eighty (180) days during any 12 month period (other than by reason of authorized vacation or leave)365-consecutive-day period.

Disability. The Company may terminate In the Executive's employment hereunder if the Executive, by reason of physical or mental disability, is unable to fulfil event that Executive shall suffer a disability which shall have prevented him from performing satisfactorily his obligations and duties hereunder on a full time basis for a period of 4 months at least 90 consecutive days, or 180 non-consecutive days within any 365 day period, the Company shall have the right to terminate Executive's employment, such termination to be effective upon the giving of notice thereof to Executive in any 12 month period (other than by reason of authorized vacation or leave)accordance with Section 6.03 hereof.

Disability. The Company may terminate the Executive's ’s employment hereunder if he is disabled and unable to perform the essential functions of the Executive, by reason of physical ’s then existing position or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis positions under this Agreement with or without reasonable accommodation for a period of 4 months 180 days (which need not be consecutive) in any 12 month period twelve (other than by reason of authorized vacation or leave)12)-month period.

Disability. The If the Company may terminate the terminates Executive's employment hereunder if because of Executive's Disability, then the Executive, by reason Company shall provide the following to Executive within thirty (30) days of physical the date of such termination (or mental disability, is unable to fulfil his obligations and duties hereunder on a full at such other time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave).provided below):

Disability. The Company may terminate the Executive's ’s employment hereunder if the Executive shall have been substantially unable to perform the Executive, ’s material duties hereunder by reason of illness, physical or mental disabilitydisability or other similar incapacity, is unable to fulfil his obligations and duties hereunder on a full time basis which inability shall continue for a period of 4 months 120 consecutive days or 180 days in any 12 month twelve (12)-month period (other than a “Disability”) (provided, that until such termination, the Executive shall continue to receive the Executive’s compensation and benefits hereunder, reduced by reason of authorized vacation any benefits payable to the Executive under any applicable disability insurance policy or leaveplan).; or

Disability. The Company may terminate the Executive's ’s employment hereunder if the ExecutiveExecutive becomes subject to a Disability. For purposes of this Agreement, by reason of physical or mental disability, “Disability” means the Executive is unable to fulfil his obligations and duties hereunder on perform the essential functions of her position, with or without a full time basis reasonable accommodation, for a period of 4 months in 90 consecutive calendar days or 180 non-consecutive calendar days within any rolling 12 month period (other than by reason of authorized vacation or leave)period.

Disability. The Company may shall be entitled to terminate the Executive's ’s employment hereunder if for “Disability” if, as a result of the Executive, by reason of ’s incapacity due to physical or mental disabilityillness or injury, is after any accommodation required by law, the Executive shall have been unable to fulfil his obligations and perform the Executive’s duties hereunder on a full time basis for a period of 4 months in any 12 month ninety (90) consecutive days, and within thirty (30) days after Notice of Termination (as defined below) for Disability is given following such 90-day period (other than by reason the Executive shall not have returned to the performance of authorized vacation or leave)his duties on a full-time basis.

Disability. The Company may shall be entitled to terminate the Executive's employment hereunder if for "Disability" if, as a result of the Executive, by reason of 's incapacity due to physical or mental disabilityillness or injury, is the Executive shall have been unable to fulfil perform his obligations and duties hereunder on a full time basis for a period of ninety (90) consecutive days, and within thirty (30) days after Notice of Termination (as defined in Section 4 months in any 12 month period (other than by reason below) for Disability is given following such 90-day period, the Executive shall not have returned to the performance of authorized vacation or leave)his duties on a full-time basis.

Disability. The If the Executive is unable to perform his duties hereunder as a result of any physical or mental disability (i) which continues for 60 consecutive days or (ii) for 90 days in any 365 consecutive-day period, then the Company may terminate this Agreement upon 30 days written notice to the Executive, provided that the Executive's employment hereunder if Base Salary shall continue to accrue ratably for 90 days after the date of the Executive, by reason of physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)'s termination.

Disability. The Company may terminate the If, as a result of Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness, is the Executive shall have been substantially unable to fulfil perform his obligations and duties hereunder on a full time basis for a an entire period of 4 months in at least 90 consecutive days or 180 non-consecutive days within any 12 month 365-day period (other than by reason “Disability”), the Employer shall have the right to terminate the Employment without further notice and such termination in and of authorized vacation or leave)itself shall not be, nor shall it be deemed to be, a breach of this Agreement.

Disability. The If Executive incurs a Disability, the Company may terminate Executive’s employment for Disability, upon thirty (30) days written notice by a Notice of Disability Termination, at any time thereafter during such twelve (12) month period while Executive is unable to carry out his duties as a result of the Executive's employment hereunder if the Executive, by reason of same or related physical or mental disability, is unable illness or incapacity. Such termination shall not be effective if Executive returns to fulfil his obligations and duties hereunder on a the full time basis for a period performance of 4 months in any 12 month period his material duties within such thirty (other than by reason of authorized vacation or leave)30) day period.

Disability. The Company may may, at its option, terminate the Executive's employment hereunder upon written notice to the Executive if the Executive, by reason because of physical or mental incapacity or disability, is unable fails to fulfil his obligations and duties perform the essential functions of the Executive's position, with or without reasonable accommodation, required of the Executive hereunder on a full time basis for a continuous period of 4 months in 120 days or any 12 180 days within any 12-month period (other than by reason of authorized vacation or leave).period. Upon such termination, the Executive's entitlement to compensation and benefits shall cease immediately, except that the Executive shall be entitled to:

Disability. The In the event that Executive becomes disabled during his employment hereunder through any illness, injury, accident or condition of either a physical or psychological nature and, as a result, is unable to perform the essential functions of his position hereunder, with or without reasonable accommodation, for at least eighty (80) days during any period of one-hundred eighty (180) consecutive calendar days, the Company may terminate the Executive's ’s employment hereunder if with thirty (30) day written notice. In that event, the Company shall pay to the Executive, by reason any earned and unpaid Base Salary and his pro-rated annual Target Bonus through the date of physical termination. The Company shall have no further obligation or mental disability, is unable liability to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave).the Executive. ​

Disability. The Company may terminate If during the Executive's employment hereunder if the ExecutiveTerm of this Agreement, by reason of physical Executive becomes physically or mental disability, is mentally unable to fulfil perform his obligations duties for the Company hereunder in the reasonable judgment of the Board and duties hereunder on such incapacity has continued for a full time basis for total of ninety (90) consecutive days or any one hundred twenty (120) days in a period of 4 months in any 12 month period three hundred sixty-five (other than by reason of authorized vacation or leave365) consecutive days (“Disability”), then the Company shall have the right to terminate Executive’s employment with the Company upon written notice to Executive.

Disability. The If the Executive is prevented from performing his employment duties by reason of illness or incapacity for 180 days in any 365 day period, the Company may terminate the Executive's his employment hereunder if the Executive, by reason of physical upon 60 days written notice to Executive or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)her duly appointed legal representative.

Disability. The Company may may, at its option, terminate the Executive's ’s employment hereunder upon written notice to the Executive if the Executive, by reason because of physical or mental incapacity or disability, is unable fails to fulfil his obligations and duties perform the essential functions of the Executive’s position, with or without reasonable accommodation, required of the Executive hereunder on a full time basis for a continuous period of 4 months in 120 days or any 12 180 days within any 12-month period (other than by reason of authorized vacation or leave).period. Upon such termination, the Executive’s entitlement to compensation and benefits shall cease immediately, except that the Executive shall be entitled to:

Disability. The In the event that the Executive shall suffer a disability which shall have prevented him from performing satisfactorily his obligations hereunder for a period of at least ninety (90) consecutive days or one hundred eighty (180) non-consecutive days within any three hundred sixty-five (365) day period, the Company may shall have the right to terminate the Executive's employment hereunder if employment, such termination to be effective upon the Executive, by reason giving of physical or mental disability, is unable notice thereof to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months the Executive in any 12 month period (other than by reason of authorized vacation or leave)accordance with Section 6.3 hereof.

Disability. The If the Executive is unable, as reasonably determined by the Board, to substantially perform his duties as an executive officer hereunder by reason of a physical or mental infirmity for a total of 90 calendar days in any twelve-month period during the Employment Term ("Disability"), the Company may shall be entitled to terminate the Executive's employment hereunder if the Executive, by reason of physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)accordance with Section 7.

Disability. The Company may shall be entitled to terminate the Executive's ’s employment hereunder if for “Disability” if, as a result of the Executive, by reason of ’s incapacity due to physical or mental illness or disability, is the Executive shall have been unable to fulfil perform his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period six (other than by reason 6) consecutive months, and within thirty (30) days after written Notice of authorized vacation or leave)Termination is thereafter given the Executive shall not have returned to the full-time performance of his duties hereunder.

Disability. The Company may shall be entitled to terminate the Executive's ’s employment hereunder if for Disability if, as a result of the Executive, by reason of ’s incapacity due to physical or mental disabilityillness or injury, is unable the Executive has been unable, due to fulfil physical or mental illness or incapacity, to perform the essential duties of his obligations and duties hereunder on a full time basis employment with reasonable accommodation for a continuous period of 4 months ninety (90) days or an aggregate of one-hundred and eight (180) days in any 12 twelve (12) month period (other than by reason of authorized vacation or leave)period.

Disability. The If, as a result of Executive's incapacity due to physical or mental illness, Executive shall have been unable to perform the duties, functions and responsibilities required hereunder for ninety (90) consecutive days or shorter periods aggregating to one hundred twenty (120) days in any twelve (12) months, Company may terminate the Executive's employment hereunder. During any period that Executive fails to perform his duties hereunder if the Executive, by reason as a result of incapacity or due to physical or mental disabilityillness, he shall continue to receive full compensation and other benefits called for hereunder until such time as there is unable a date of termination pursuant to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leavethis Section 8.1(b).

Disability. The Company may terminate the Executive's ’s employment hereunder if the ExecutiveExecutive becomes subject to a Disability. For purposes of this Agreement, by reason of physical or mental disability, “Disability” means the Executive is unable to fulfil perform the essential functions of his obligations and duties hereunder on position as CEO, with or without a full time basis reasonable accommodation, for a period of 4 months in 120 consecutive days or 180 days during any rolling consecutive 12 month period (other than by reason of authorized vacation or leave)period.

Disability. The Company may terminate the If, as a result of Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness, is Executive shall have been substantially unable to fulfil perform his obligations and duties hereunder on a full time basis for a an entire period of 4 months at least 90 consecutive days or 180 non-consecutive days within any 365-day period, the Employer shall have the right to terminate Executive’s employment hereunder for “Disability,” and such termination in any 12 month period (other than by reason and of authorized vacation or leave)itself shall not be, nor shall it be deemed to be, a breach of this Agreement.

Disability. The Company may shall be entitled to terminate the Executive's employment hereunder if for "Disability" if, as a result of the Executive, by reason of 's incapacity due to physical or mental disabilityillness or injury, is the Executive shall have been unable to fulfil perform his obligations and duties hereunder on a full time basis for a period of ninety (90) consecutive days, and within thirty (30) days after Notice of Termination (as defined in Section 4 months in any 12 month below) for Disability is given following such 90-day period (other than by reason the Executive shall not have returned to the performance of authorized vacation or leave)his duties on a full-time basis.

Disability. The If Executive incurs a Disability, the Company may terminate the Executive's employment hereunder if Employment Term for Disability upon thirty (30) days written notice by a Notice of Disability Termination, at any time thereafter during such twelve (12) month period while Executive is unable to carry out his duties as a result of the Executive, by reason of same or related physical or mental disability, is unable illness or incapacity. Such termination shall not be effective if Executive returns to fulfil his obligations and duties hereunder on a the full time basis for a period performance of 4 months in any 12 month period his material duties within such thirty (other than by reason of authorized vacation or leave)30) day period.

Disability. The Company may shall have the right to terminate the Executive's employment hereunder if during the ExecutivePeriod of Employment upon not less than thirty (30) days prior written notice to Executive or his personal representative if, by reason because of mental or physical or mental disability, is unable to fulfil Executive shall have been incapable, with reasonable accommodation, of satisfactorily performing his obligations and duties hereunder on a full time basis under Section 2 hereof for a continuous period of 4 months one hundred twenty (120) days or for a total period of two hundred ten (210) days in any 12 month three hundred sixty (360) day- period (other than by reason prior to the date of authorized vacation or leave)such notice.

Disability. The Company may terminate the If, as a result of Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness, is unable to fulfil his obligations and duties hereunder on a he shall have been absent from the full time basis performance of substantially all of his material duties with the Company for 90 consecutive days or 180 days total within any 12-month period, his employment may be terminated by the Company or by Executive for “Disability.” Termination shall occur 30 days after a period notice of 4 months in any 12 month period a written termination is delivered to Executive by the Company or by Executive to the Company (other than by reason the “Effective Date of authorized vacation or leaveTermination”).. The Company shall pay Executive:

Disability. The Company may terminate the Executive's ’s employment hereunder if the ExecutiveExecutive becomes subject to a Disability. For purposes of this Agreement, by reason of physical or mental disability, “Disability” means the Executive is unable to fulfil perform the essential functions of his obligations and duties hereunder on position as CEO, with or without a full time basis reasonable accommodation, for a period of 4 months in 120 consecutive days or 180 days during any 12 rolling consecutive 12-month period (other than by reason of authorized vacation or leave)period.

Disability. The Company may terminate the Executive's ’s employment hereunder if may be terminated, at the option of Company, upon the Disability of Executive. For purposes of this agreement, by reason Disability means the inability of Executive to perform his duties under this agreement due to Executive’s physical or mental disabilityillness or impairment, is unable to fulfil his obligations and duties hereunder on a full time basis even with reasonable accommodation, for a period of 4 months more than twenty-six (26) substantially consecutive weeks in any 12 twelve (12) month period (other than by reason period. For purposes of authorized vacation or leave)this section the termination date will be on the date after the substantially consecutive 26th week that Executive receives written notice from Company with respect to the Disability.

Disability. The Company may terminate the Executive's ’s employment hereunder if after having established the Executive’s Disability or the Executive can terminate if he has established his Disability. For purposes of this Agreement, by reason of “Disability” means a physical or mental disability, is unable infirmity which impairs the Executive’s ability to fulfil substantially perform his obligations and duties hereunder on a full time basis under this Agreement for a period of 4 months in at least one hundred eighty (180) days during any 12 month period (other than by reason of authorized vacation or leave)365-consecutive-day period.

Disability. The Company may terminate the Executive's employment hereunder Executive if the Executive, by reason of physical or mental disability, Executive is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months 180 consecutive days to perform his duties as a result of being "disabled" as defined in any 12 month this Section 4.E. "Disabled" shall mean (i) a determination by a physician selected by Executive and approved by the Board that Executive is suffering from total disability and (ii) the Company has given Executive 30 days notice of potential termination and within such 30 day period (other than by reason Executive has not returned to the full time performance of authorized vacation or leave)his duties.

Disability. The Company may terminate In the Executive's employment hereunder if event that the Executive, by reason of physical or mental disability, is unable to fulfil Executive shall suffer a disability which shall have prevented him from performing satisfactorily his obligations and duties hereunder on a full time basis for a period of 4 months at least ninety (90) consecutive days or one hundred eighty (180) non-consecutive days within any three hundred sixty-five (365) day period, the Company shall have the right to terminate the Executive’s employment, such termination to be effective upon the giving of notice thereof to the Executive in any 12 month period (other than by reason of authorized vacation or leave)accordance with Section 6.3 hereof.

Disability. The In the event that the Executive becomes disabled during his employment hereunder through any illness, injury, accident or condition of either a physical or psychological nature and, as a result, is unable to perform the essential functions of his position hereunder, with or without reasonable accommodation, for at least eighty (80) days during any period of one-hundred eighty (180) consecutive calendar days, the Company may terminate the Executive's ’s employment hereunder if with thirty (30) day written notice. In that event, the Company shall pay to the Executive, by reason any earned and unpaid Base Salary and his pro-rated annual Target Bonus through the date of physical termination. The Company shall have no further obligation or mental disability, is unable liability to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)the Executive.

Disability. The Company may terminate the Executive's ’s employment hereunder if the Executiveshall be deemed to have been terminated for “Disability” if, by reason as a result of his incapacity due to physical or mental disabilityillness, is unable to fulfil he shall have been absent from his obligations and duties hereunder with the Corporation on a full full-time basis for a the entire period of 4 months in any 12 four consecutive months, and within 30 days after written notice of termination is given (which may occur before or after the end of such four-month period (other than by reason period) he shall not have returned to the full-time performance of authorized vacation or leave)his duties.

Disability. The Company may terminate the Executive's employment hereunder if the ExecutiveIf, by reason of the same or related physical or mental disabilityreasons, Executive is unable to fulfil carry out his obligations and material duties hereunder on a full time basis pursuant to this Agreement for a period of 4 more than six (6) months in any 12 twelve (12) month period, the Companies may terminate Executive's employment for Disability upon thirty (30) days prior written notice, at any time thereafter during such twelve (12) month period in which Executive is unable to carry out his duties as a result of the same or related physical or mental illness. Such termination shall not be effective if Executive returns to the full time performance of his material duties within such thirty (other than by reason of authorized vacation or leave).30) day

Disability. The Company may terminate the If, as a result of Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness, Executive is substantially unable to fulfil perform his obligations duties under this Agreement (with or without reasonable accommodation, as defined under the Americans With Disabilities Act), for an entire period of six (6) consecutive months, and within thirty (30) days after a Notice of Termination (as defined in Section 7(a)) is given after such six (6) month period, Executive does not return to the substantial performance of his duties hereunder on a full full-time basis basis, the Company has the right to terminate Executive’s employment under this Agreement for “Disability”, and such termination will not be a period breach of 4 months in any 12 month period (other than this Agreement by reason of authorized vacation or leave)the Company.

Disability. The If, as a result of Executive's incapacity due to physical or mental illness, Executive is substantially unable to perform his duties under this Agreement (with or without reasonable accommodation, as defined under the Americans With Disabilities Act), for an entire period of six (6) consecutive months, and within thirty (30) days after a Notice of Termination (as defined in Section 7(a)) is given after such six (6) month period, Executive does not return to the substantial performance of his duties on a full-time basis, the Company may has the right to terminate the Executive's employment hereunder if under this Agreement for "Disability", and such termination will not be a breach of this Agreement by the Executive, by reason of physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)Company.

Disability. The Company may terminate six (6) consecutive months, and within thirty (30) days after written notice of termination is given the Executive shall not have returned to the full-time performance of his duties, the Executive's employment hereunder if may be terminated for disability. During such period of absence, the Executive shall continue to receive the benefits provided in Section 4 hereof and thereafter the Executive, by reason of physical or mental disability, is unable to fulfil his obligations 's benefits shall be determined under the Corporation's disability insurance plans and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)policies provided under Section 4(c) hereof.

Disability. The Company may terminate In the Executive's employment hereunder if the Executive, by reason of event Executive shall suffer from a mental or physical or mental disability, is unable to fulfil disability which shall have prevented him from performing his obligations and material duties hereunder on a full time basis for a period of 4 months at least one-hundred eighty (180) non-consecutive days within any 365 day period, the Company shall have the right to terminate Executive's employment for "Disability," such termination to be effective upon the giving of notice thereof to the Executive in any 12 month period (other than by reason accordance with Section 7(g) hereof, such termination shall not be deemed to be a breach of authorized vacation or leave).this Agreement, and the Company shall provide to the Executive the amounts and benefits provided for in

Disability. The Company may terminate the If, as a result of Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness, is Executive shall have been substantially unable to fulfil perform his obligations and duties hereunder on a full time basis for a an entire period of 4 months at least 90 consecutive days or 180 non-consecutive days within any 365-day period, the Employer shall have the right to terminate Executive’s employment hereunder for “Disability”, and such termination in any 12 month period (other than by reason and of authorized vacation or leave)itself shall not be, nor shall it be deemed to be, a breach of this Agreement.

Disability. The Company may reserves the right to terminate the Executive's employment hereunder if the Executiveupon ninety (90) days written notice if, by reason for a period of sixty (60) days, Executive is prevented from discharging his duties under this Agreement due to any physical or mental disability. With the exception of the covenants included in paragraph 3 above and paragraph 12 below, is unable to fulfil his upon such termination the obligations of Executive and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)Company under this Agreement shall immediately cease.

Disability. The Company may terminate the Executive's employment hereunder shall be terminated by the Company if the Executive, by reason of physical Executive becomes physically or mental disability, mentally incapacitated and is therefore unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation 120 consecutive days or leave).six

Disability. The Company may terminate In the Executive's employment hereunder if the Executive, by reason of physical or mental disability, event that (i) Executive is unable substantially to fulfil perform his obligations and duties hereunder on a full time basis because he is Disabled (as defined below) for a period of 4 45 consecutive days or 60 days within any period of 12 consecutive months in any 12 month period and (other than by reason ii) the Company shall have given to Executive 10 days notice of authorized vacation or leave).its intention to terminate the Employment Term pursuant to this Section 4.3 and Executive does not resume substantially all of his duties under this Agreement

Disability. The Company may terminate If, as a result of the Executive's employment hereunder if incapacity of the Executive, by reason of Executive due to physical or mental disabilityillness, the Executive is unable to fulfil his obligations perform substantially and continuously the duties hereunder on assigned to him hereunder, with or without a full time basis reasonable accommodation, for a period of 4 three (3) consecutive months in any 12 month or for a non-consecutive period of nine (other than by reason 9) months during the Term of authorized vacation or leave)Employment, the Company may terminate his employment for "Disability" upon thirty (30) days prior written notice to the Executive.

Disability. The Company may terminate the If, as a result of Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness for which no reasonable accommodation is available, is Executive shall have been substantially unable to fulfil his obligations and perform her duties hereunder on a full time basis for a an entire period of 4 months at least 90 consecutive days or 180 non-consecutive days within any 365-day period, the Employer shall have the right to terminate Executive’s employment hereunder for “Disability,” and such termination in any 12 month period (other than by reason and of authorized vacation or leave)itself shall not be, nor shall it be deemed to be, a breach of this Agreement.

Disability. The Company may terminate In the Executive's employment hereunder if the Executive, by reason of physical or mental disability, is unable to fulfil event that Executive shall suffer a disability which shall have prevented him from performing satisfactorily his obligations and duties hereunder on a full time basis for a period of 4 months at least 90 consecutive days, or 180 nonconsecutive days within any 365 day period, the Company shall have the right to terminate Executive's employment for “Disability,” such termination to be effective upon the giving of notice thereof to Executive in any 12 month period (other than by reason of authorized vacation or leave)accordance with Section 6.03 hereof.

Disability. The Company may terminate If, as a result of the Executive's employment hereunder if incapacity of the Executive, by reason of Executive due to ---------- physical or mental disabilityillness, the Executive is unable to fulfil his obligations perform substantially and continuously the duties hereunder on assigned to him hereunder, with or without a full time basis reasonable accommodation, for a period of 4 one hundred eighty (180) days, whether or not consecutive, out of any twelve (12) consecutive months in any 12 month period during the Term of Employment, the Company may terminate his employment for "Disability" upon thirty (other than by reason of authorized vacation or leave)30) days prior written notice to the Executive.

Disability. The Company may terminate Executive’s employment if Executive has been unable to perform the Executive's material duties of his employment hereunder if the Executive, by reason for a period of ninety (90) consecutive days in any twelve (12) month period because of physical or mental disabilityinjury or illness (“Disability”); provided, is unable however, that the Company shall continue to fulfil his obligations pay Executive’s Base Salary until the Company acts to terminate Executive’s employment. Executive agrees, in the event of a dispute under this Section 2.3 relating to Executive’s Disability, to submit to a physical examination by a licensed physician jointly selected by the Board and duties hereunder on a full time basis Executive. If the Company terminates Executive’s employment for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave).Disability, Executive shall be entitled to receive the following:

Disability. The In the event that Executive suffers a disability ---------- which prevents him from substantially performing his duties under this Agreement for a period of at least 90 consecutive days, or 180 non-consecutive days within any 365-day period, and Executive becomes eligible for the Company's long-term disability plan, the Company may shall have the right to terminate the Executive's employment hereunder if employment, such termination to be effective upon the Executive, by reason giving of physical or mental disability, is unable notice to fulfil his obligations and duties hereunder on a full time basis for a period Executive in accordance with Section 6.03 of 4 months in any 12 month period (other than by reason of authorized vacation or leave)this Agreement.

Disability. The Company may terminate In the Executive's employment hereunder if event that the Executive, by reason of physical or mental disability, is unable to fulfil Executive shall suffer a disability during the Term which shall have prevented him from performing satisfactorily his obligations and duties hereunder on a full time basis hereunder, with reasonable accommodation, for a period of 4 months in at least ninety (90) consecutive days or one hundred eighty (180) non-consecutive days within any 12 month three hundred sixty-five (365) day period (other than by reason “Disability”), the Company shall have the right to terminate the Executive’s employment, such termination to be effective upon the giving of authorized vacation or leave)notice thereof to the Executive in accordance with Section 6.2 hereof.

Disability. The Company may terminate the If, as a result of Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness, is Executive shall have been substantially unable to fulfil perform his obligations and duties hereunder on a full time basis for a period of 4 months at least 120 consecutive days or 180 non-consecutive days within any 365-day period, the Company shall have the right to terminate Executive’s employment hereunder for “Disability”, and such termination in any 12 month period (other than by reason and of authorized vacation or leave)itself shall not be, nor shall it be deemed to be, a breach of this Agreement.

Disability. The In the event that the Executive shall, because of illness or incapacity, physical or mental, be unable to perform the duties and services to be performed by him hereunder for a consecutive period of three months, or six months during any twelve month period, the Company may terminate the Executive's employment of the Executive hereunder if after the Executive, by reason expiration of physical or mental disability, is unable such period. The Executive shall be entitled to fulfil receive his obligations Base Compensation and duties hereunder on a full time basis Bonus Compensation (including the vested portion of the Option for a period 90 days after such termination) earned through the date of 4 months in any 12 month period (other than by reason of authorized vacation or leave)such termination.

Disability. The Company may terminate In the Executive's employment hereunder if the Executive, by reason of physical or mental disability, is unable to fulfil event that Executive shall suffer a disability which shall have prevented him from performing satisfactorily his obligations and duties hereunder on a full time basis for a period of 4 months at least ninety (90) consecutive days or one hundred eighty (180) non-consecutive days within any three hundred sixty-five (365) day period, Company shall have the right to terminate Executive’s employment, such termination to be effective upon the giving of notice thereof to Executive in any 12 month period (other than by reason of authorized vacation or leave)accordance with Section 6.2 hereof.

Disability. The Company may If, as a result of Executive's incapacity due to physical or mental illness, Executive shall have been substantially unable to perform his duties hereunder for an entire period of at least 90 consecutive days or 180 non-consecutive days within any 365-day period, the Employer shall have the right to terminate the Executive's employment hereunder if the Executivefor “Disability,” and such termination in and of itself shall not be, by reason nor shall it be deemed to be, a breach of physical or mental disability, is unable to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)this Agreement.

Disability. The Company may terminate the If, as a result of Executive's employment hereunder if the Executive, by reason of incapacity due to physical or mental illness or disability, Executive shall have been incapable of performing his duties hereunder even with a reasonable accommodation on a full-time basis for the entire period of 90 consecutive days or any 90 days in a 180-day period, and within 30 days after written Notice of Termination (as defined in Section 6(c)) is unable given he shall not have returned to fulfil the performance of his obligations and duties hereunder on a full full-time basis for a period of 4 months in any 12 month period (other than by reason of authorized vacation or leave)basis, the Employer may terminate Executive's employment hereunder.

Disability. The Company may terminate the If, as a result of Executive's employment hereunder if the Executive, by reason of physical or mental disabilityincapacity ("Disability"), is Executive shall have been substantially unable to fulfil perform his obligations and duties hereunder on a full time basis for a period of 4 months thirty (30) days in any 12 month period (other than by reason of authorized vacation or leave)one-year period, the Company shall have the right to terminate Executive's employment for Disability.

Disability. The Company may may, at its option, terminate the Executive's ’s employment hereunder upon written notice to the Executive if the Executive, by reason because of physical or mental incapacity or disability, is unable fails to fulfil his obligations and duties perform the essential functions of the Executive’s position, with or without reasonable accommodation, if relevant, required of the Executive hereunder on a full time basis for a continuous period of 4 months in 120 days or any 12 180 days within any 12-month period (other than by reason of authorized vacation or leave).period. Upon such termination, the Executive’s entitlement to compensation and benefits shall cease immediately, except that the Executive shall be entitled to:

Disability. The Unless prohibited by law, the Company may terminate Executive’s employment if Executive becomes Disabled, as defined below, at any time upon a vote in favor or termination because Executive is Disabled by a majority of the Executive's employment hereunder if members of the Executive, by reason Board of physical or mental disability, is unable Directors and written notice to fulfil his obligations and duties hereunder on Executive specifying a full time basis for a period date of 4 months in any 12 month period termination not less than thirty (other 30) days nor more than by reason forty-five (45) days following the date of authorized vacation or leave).the written notice. For

Disability. The Company may terminate the Executive's employment hereunder if the Executive, If by reason of physical or mental disability, illness or incapacity the Executive is unable to fulfil carry out his obligations and material duties hereunder on pursuant to this Agreement for more than 90 days during any rolling 12-month period, the Company may terminate Executive’s employment for “Disability.” Such termination shall be upon 30 days written notice by a full notice of Disability termination, at any time basis for while the Executive is unable to carry out his duties as a period result of 4 months in any 12 month period (other than by reason of authorized vacation or leave)such Disability.

Disability. The Company may terminate the If, as a result of Executive's employment hereunder if the Executive, by reason of ’s incapacity due to physical or mental disabilityillness for which no reasonable accommodation is available, is Executive shall have been substantially unable to fulfil perform his obligations and duties hereunder on a full time basis for a an entire period of 4 months at least 90 consecutive days or 180 non-consecutive days within any 365-day period, the Employer shall have the right to terminate Executive’s employment hereunder for “Disability,” and such termination in any 12 month period (other than by reason and of authorized vacation or leave)itself shall not be, nor shall it be deemed to be, a breach of this Agreement.

Disability. The In the event that the Executive shall suffer a disability which shall have prevented him from performing satisfactorily his obligations hereunder for a period of at least ninety (90) consecutive days or one hundred eighty (180) non-consecutive days within any three hundred sixty-five (365) day period, the Company may shall have the right to terminate the Executive's employment hereunder if employment, such termination to be effective upon the Executive, by reason giving of physical or mental disability, is unable notice thereof to fulfil his obligations and duties hereunder on a full time basis for a period of 4 months the Executive in any 12 month period (other than by reason of authorized vacation or leave)accordance with Section 7.3 hereof.