Common use of Due to Death or Disability Clause in Contracts

Due to Death or Disability. If Executive dies during the Employment Period, Executive’s employment shall terminate as of the date of his death. The Company may terminate Executive if he becomes “disabled,” as defined below, upon written notice to Executive. Such termination shall not be a breach of this Agreement. For purposes of this Agreement, the term “Disability” shall mean a physical or mental incapacity as a result of which Executive becomes unable to continue the proper performance of Executive’s duties hereunder for ninety (90) consecutive days or one-hundred twenty (120) non-consecutive days in any three hundred sixty-five (365) day period, or, if this provision is inconsistent with any applicable law, for such period or periods as permitted by law.

Appears in 2 contracts

Samples: Employment Agreement (Wet Seal Inc), Employment Agreement (Wet Seal Inc)

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Due to Death or Disability. If Executive dies during the Employment PeriodTerm, Executive’s employment and this Agreement shall terminate as of the date of his death. The Company may terminate Executive if he becomes due to Executive’s disabled,Disability(as defined below) at any time following the Effective Date, upon written notice to Executive. Such termination shall not be a breach of this Agreement. For purposes of this Agreement, the term “Disability” shall mean a physical or mental incapacity as a result of which Executive becomes unable to continue the proper performance of Executive’s duties hereunder for ninety six (906) consecutive days calendar months or one-for shorter periods aggregating one hundred twenty eighty (120180) non-consecutive business days in any three hundred sixty-five twelve (36512) day month period, or, if this provision is inconsistent with any applicable law, for such period or periods as permitted by law.

Appears in 2 contracts

Samples: Employment Agreement (Wet Seal Inc), Employment Agreement (Wet Seal Inc)

Due to Death or Disability. If Executive dies during the Employment Period, Executive’s 's employment shall terminate as of the date of his death. The Company may terminate Executive if he becomes "disabled," as defined below, upon written notice to Executive. Such termination shall not be a breach of this Agreement. For purposes of this Agreement, the term "Disability" shall mean a physical or mental incapacity as a result of which Executive becomes unable to continue the proper performance of Executive’s 's duties hereunder for ninety six (906) consecutive days calendar months or one-for shorter periods aggregating one hundred twenty eighty (120180) non-consecutive business days in any three hundred sixty-five twelve (36512) day month period, or, if this provision is inconsistent with any applicable law, for such period or periods as permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Wet Seal Inc)

Due to Death or Disability. If Executive dies during the Employment Period, Executive’s employment shall terminate as of the date of his death. The Company may terminate Executive if he becomes “disabled,” as defined below, upon written notice to Executive. Such termination shall not be a breach of this Agreement, unless prohibited by law. For purposes of this Agreement, the term “Disability” shall mean a physical or mental incapacity as a result of which Executive becomes unable to continue the proper performance of Executive’s duties hereunder for ninety six (906) consecutive days calendar months or one-for shorter periods aggregating one hundred twenty eighty (120180) non-consecutive business days in any three hundred sixty-five twelve (36512) day month period, or, if this provision is inconsistent with any applicable law, for such period or periods as permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Wet Seal Inc)

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Due to Death or Disability. If Executive dies during the Employment PeriodTerm, Executive’s employment and this Agreement shall terminate as of the date of his her death. The Company also may terminate Executive if he becomes due to Executive’s disabled,” Disability”, as defined below, at any time following the Effective Date, upon written notice to Executive. Such termination shall not be a breach of this Agreement, unless prohibited by law. For purposes of this Agreement, the term “Disability” shall mean a physical or mental incapacity as a result of which Executive becomes unable to continue the proper performance of Executive’s duties hereunder for ninety (90) consecutive days or one-one hundred twenty (120) non-consecutive days in any three hundred sixty-sixty five (365) day period, or, if this provision is inconsistent with any applicable law, for such period or periods as permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Wet Seal Inc)

Due to Death or Disability. If Executive dies during the Employment PeriodTerm, Executive’s employment and this Agreement shall terminate as of the date of his death. The Company also may terminate Executive if he becomes “disabled,” as defined below, upon written notice to Executive. Such termination shall not be a breach of this Agreement, unless prohibited by law. For purposes of this Agreement, the term “DisabilityDisabled” shall mean having a physical or mental incapacity as a result of which Executive becomes unable to continue the proper performance of Executive’s duties hereunder for ninety six (906) consecutive days calendar months or one-for shorter periods aggregating one hundred twenty eighty (120180) non-consecutive business days in any three hundred sixty-five twelve (36512) day month period, or, if this provision is inconsistent with any applicable law, for such period or periods as permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Wet Seal Inc)

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