Dissociation Due to Disability Sample Clauses

Dissociation Due to Disability. If any of the Members identified hereinbelow incurs a “disability”, the other Member(s) shall have the option to dissociate such Member if they reasonably determine that the dissociation is in the best interest of the LLC. Members whose disability may result in dissociation: Xxxxx Xxxxx For purposes of this Agreement, a Member with a disability means any physical or mental Commented [CM19]: Out of a total of 90 days, how many days of impairment will trigger the right of dissociation? This will differ depending upon the needs of the LLC. 30 days? 60 days? Also consider that this number of days may change as the LLC grows and ages. However, revision of this number will require unanimous consent of all Members regardless of whether the majority rules or unanimous consent model is selected. This is because “amendment” of the operating agreement requires unanimous consent. In the event that 90 days is perhaps too small a window to declare disability, consider having counsel draft an amendment to the operating agreement or a replacement operating agreement. Alternatively, some LLC Members may have decided that the remaining Members can manage without the disabled Member and simply input “N/A out of 90 days”. impairment incurred by a Member that substantially prevents the Member from performing the Member’s responsibilities to the LLC for a period of 30 out of 90 days. If, because of a disability or otherwise, a Member is unable to exercise the Member’s rights as a Member under this Agreement, the Member or the Member’s legal representative may appoint a proxy to exercise these rights.
Sample 1
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Related to Dissociation Due to Disability

  • Death or Disability The Executive's employment shall terminate automatically upon the Executive's death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executive's employment. In such event, the Executive's employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties. For purposes of this Agreement, "Disability" shall mean the absence of the Executive from the Executive's duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executive's legal representative.

  • Permanent Disability Permanent Disability" shall mean Employee's physical or mental incapacity to perform his or her usual duties with such condition likely to remain continuously and permanently as determined by Employer.

  • Pregnancy Disability Leave (PDL) - An employee is eligible for continuation of MPS in accordance with applicable law.

  • Disability Retirement If, as a result of your incapacity due to physical or mental illness, You shall have been absent from the full-time performance of your duties with the Company for 6 consecutive months, and within 30 days after written notice of termination is given You shall not have returned to the full-time performance of your duties, your employment may be terminated for "Disability." Termination of your employment by the Company or You due to your "Retirement" shall mean termination in accordance with the Company's retirement policy, including early retirement, generally applicable to its salaried employees or in accordance with any retirement arrangement established with your consent with respect to You.

  • Recurring Disabilities (a) Employees who return to work after being absent because of illness or injury, and within five (5) consecutive scheduled days of work again become unable to work because of the same illness or injury are considered to still be within the original Short Term Plan period as defined in Section 1.2(a).

  • Duty Disability (1) For Calendar Year 2018, 2019, and 2020 Depending on the individual's single/family enrollment status, the cost of coverage for individuals receiving a duty disability retirement allowance shall be as provided in subsection 3.a.(1) of this Article, above.

  • Leave for Pregnancy Disability 10.6.1 Unit members are entitled to use sick leave as set forth in Sections 10.2.1, 10.2.2, and 10.2.3 for disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom on the same terms and conditions governing leaves of absence from other illness or medical disability. The length of such disability leave, including the date on which the leave shall commence and the date on which the duties are to be resumed, shall be determined by the unit member and the unit member's physician.

  • Successive Disabilities If, following a period of total disability with respect to which benefits are paid from this Plan, an employee returns to work for a continuous period of six (6) months or more, any subsequent total disability suffered by that employee, whether related to the preceding disability or not, shall be considered a new disability and the disabled employee shall be entitled to benefit payments after the completion of another waiting period. In the event the period during which such an employee has returned to work is less than six (6) months and the employee again suffers a total disability that is related to the preceding disability, the subsequent disability shall be deemed a continuation of the preceding disability, and the disabled employee shall be entitled to benefit payments without the necessity of completing another waiting period. Should such an employee suffer a subsequent disability that is unrelated to the previous disability and provided the period during which the employee returned to work is longer than one (1) month, the subsequent disability shall be considered a new disability and the employee shall be entitled to benefit payments after the completion of another waiting period. If the period during which the employee returned to work is one (1) month or less, the subsequent disability shall be deemed a continuation of the preceding disability and the disabled employee shall be entitled to benefit payments without the necessity of completing another waiting period.

  • Illness or Disability If, because of Employee’s illness or other disability for a continuous period of more than 45 days, Employee is unable to render the services required by the Company as provided herein, the Company may terminate Employee’s employment hereunder by written notice to Employee at least 30 days in advance of such termination. Upon such termination Employee shall not be entitled to any further payments of any nature, except for payment of (a) any earned but unpaid Annual Base Salary, (b) any unpaid bonuses and (c) unreimbursed business expenses (collectively, “Payable Amounts”). All Payable Amounts shall become due and payable on the date of such termination.

  • Employer’s Termination The Employer ☐ *shall ☐ shall not have the right to terminate this Agreement. *If allowed, the Employer shall be required to provide at least days’ notice. If the Employer should terminate this Agreement, the Employee shall be entitled to severance, equal to their pay at the time of termination, for a period of .

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