Early Termination Upon Disability Sample Clauses

Early Termination Upon Disability. If Employee becomes disabled due to a physical or mental disability so that he is unable to perform the essential functions of his position and the disability cannot be reasonably accommodated without undue hardship, Employer may at its option terminate this Agreement. Employee shall be entitled to the salary provided for in Paragraph 5 of this Agreement for a period of not to exceed six (6) months from the date of Employee's first absence due to the condition or illness causing or related to the disability, but not beyond August 25, 2000, and to accrued but unused vacation leave. Employee's Base Salary in the event of disability and termination under this Paragraph 6(b) shall be offset by any payments received by Employee as a result of a disability insurance policy purchased by Employer or its subsidiary banks for Employee. All other benefits provided for under this Agreement shall cease as of the date of termination. For purposes of this Agreement, physical or mental disability shall mean the inability of Employee to fully perform under this Agreement for a continuous period of ninety (90) days, as determined by a physician in the case of physical disability, or a psychiatrist in the case of mental disability, licensed to practice medicine in California and selected jointly by Employer and Employee. Upon demand by Employer, Employee shall act promptly to select such physician or psychiatrist jointly with Employer, shall consent to undergo any reasonable examination or test and shall authorize release of all pertinent medical records to Employer. Recurrent disabilities will be treated as separate disabilities if they result from unrelated causes or if they result from the same or related cause or causes and are separated by a continuous period of at least six (6) full months during which Employee was able to perform his duties hereunder equal to at least eighty percent (80%) of his capacity prior to disability. Otherwise, recurrent disabilities will be treated as a continuation of previous disabilities for the purpose of determining the limitations established in this paragraph.

Early Termination Upon Disability. This Agreement and all benefits hereunder shall terminate if Employee is not able, as a result of an illness or other physical or mental disability, to perform the essential functions of his position as required by this Agreement for a period of ninety (90) consecutive days or in excess of one hundred eighty (180) days in any one (1) year period, notwithstanding reasonable accommodation by Bank to Employee’s known physical or mental disability, solely in accordance with, and to the extent required by, the Americans with Disabilities Act, 29 U.S.C. Sections 12101-213 or any other state or local law governing the employment of disabled persons (the “ADA”) provided such accommodation would not impose an undue hardship on the operation of Bank’s business or a direct threat to the Employee or others pursuant to the ADA. In the event of termination of this Agreement by Bank pursuant to this section 6(d): (i) Employee shall be entitled to disability benefits provided by the disability insurance coverage identified in section 5(c) of this Agreement; and (ii) All other benefits provided for under this Agreement shall cease as of the date of termination (except insofar as the group insurance benefits provided under section 5(c) may be continued or convertible by Employee as provided under COBRA or other laws applicable at the time of termination). (iii) Employee shall also be entitled to receive Vested Benefits, as defined hereinabove. For purposes of this Agreement, physical or mental disability shall mean the inability of Employee to fully perform under this Agreement for a continuous period of ninety (90) days, as determined in the case of physical disability by a physician, or in the case of mental disability by a psychiatrist, both of whom must be licensed to practice medicine in California and are to be selected with the approval of Bank and Employee. Upon demand by Bank, Employee shall act promptly to select such physician or psychiatrist jointly with Bank and shall consent to undergo any reasonable examination or test. Recurrent disabilities will be treated as separate disabilities if they result from unrelated causes or if they result from the same or related cause or causes and are separated by a continuous period of at least twelve (12) full months during which Employee was able to perform his duties hereunder equal to at least eighty percent (80%) of his capacity prior to disability. Otherwise, recurrent disabilities will be treated as a continuation of ...

Early Termination Upon Disability. If during any Employment Term Employee becomes unable to perform her duties hereunder because of a physical or mental condition and has exhausted the medical leave provided to her under the Family Medical Leave and Family Rights Acts, the Bank may at its option terminate this Agreement. Employee shall be entitled to the Base Salary and insurance coverage as provided in Sections 4(a) and 4(e) of this Agreement for the period of any medical leave prior to the termination of this Agreement, but not beyond the date specified herein for any Employment Term, plus declared but unpaid bonus, if any, as described in Section 4(b) hereof, and accrued but unused vacation leave pursuant to Section 4(g) hereof; provided, however, that Base Salary as provided in Section 4(a) shall not be paid for more than a total of sixty-five (65) days due to medical leave during any Employment Term. All compensation and benefits provided for under this Agreement shall cease as of the date of termination, except that Employee shall be entitled to receive payment for any accrued but unused vacation leave pursuant to Section 4(g) hereof and the Bank shall use reasonable efforts to assure that Employee shall have the option to assume such insurance coverage at her individual expense from and after termination of insurance coverage under this Section 5(d)." 8. Section 5(e) of the Agreement is amended to read in its entirety as follows:

Early Termination Upon Disability. If Employee becomes disabled during the Employment Term because of physical or mental disability so that he is unable to perform his duties hereunder, Employer may at its option terminate this Agreement. Employee shall be entitled to the salary provided for in Section 5 of this Agreement for a period of one-hundred and eighty (180) days from the date of Employee's first absence due to this disability, plus accrued but unused vacation leave, but not beyond the date specified herein for the end of the Employment Term. All other compensation and benefits provided for under this Agreement shall cease as of the date of termination. For purposes of this Agreement only, physical or mental disability shall mean the inability of Employee to fully perform under this Agreement for a continuous period of one-hundred and eighty (180) days, as determined in the case of physical disability by a physician, or in the case of mental disability by a psychiatrist both of whom must be licensed to practice medicine in California and are to be selected with the approval of Employer and Employee. Recurrent disabilities will be treated as separate disabilities if they result from unrelated causes or if they result from the same or related cause or causes and are separated by a continuous period of at least six (6) full months during which Employee was able to perform his duties hereunder equal to at least eighty percent (80%) of his capacity prior to disability. Otherwise, recurrent disabilities will be treated as a continuation of previous disabilities for the purpose of determining the limitations established in this paragraph.

Early Termination Upon Disability. This Agreement and all benefits hereunder shall terminate if a Disability has occurred as defined below and Employee is not able, as a result of a Disability, to return to full-time duties notwithstanding reasonable accommodation by Company to Employee’s known physical or mental disability, solely in accordance with, and to the extent required by, the Americans with Disabilities Act, 29 U.S.C. Sections 12101-213 or any other state or local law governing the employment of disabled persons (the “ADA”) provided such accommodation would not impose an undue hardship on the operation of Company’s business or a direct threat to the Employee or others pursuant to the ADA. For purposes of this Agreement, “Disability” means a medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than 12 months and which (i) renders Executive unable to engage in any substantial gainful activity, or (ii) results in Executive receiving income replacement benefits for a period of not less than three (3) months under any policy of long-term disability insurance maintained by the Company for the benefit of its employees. “Disability” shall be interpreted in a manner consistent with Section 409A of the Code. In the event of termination of this Agreement by Company pursuant to this section 5(f): (i) Employee shall be entitled to disability benefits provided by the disability insurance coverage identified in section 4(e) of this Agreement; and (ii) All other benefits provided for under this Agreement shall cease as of the date of termination (except insofar as the group insurance benefits provided under section 4(e) may be continued or convertible by Employee as provided under COBRA or other laws applicable at the time of termination). (iii) Employee shall also be entitled to receive Vested Benefits, as defined hereinabove. For purposes of this Agreement, physical or mental disability shall mean the inability of Employee to fully perform under this Agreement for a continuous period of ninety (90) days, as determined in the case of physical disability by a physician, or in the case of mental disability by a psychiatrist, both of whom must be licensed to practice medicine in California and are to be selected with the approval of Company and Employee. Upon demand by Company, Employee shall act promptly to select such physician or psychiatrist jointly with Company and shall consent to undergo a...

Early Termination Upon Disability. If Employee becomes disabled during any Employment Term because of physical or mental disability so that he is unable to perform his duties hereunder, Employer may at its option terminate this Agreement. Employee shall be entitled to the reimbursement by Employer of all premiums for the group health insurance coverage for such period as shall be permitted by then existing law and regulation, but in any event not to exceed five years from the date of termination, subject, however, to the applicable restrictions, if any, imposed by federal C.O.B.R.A. provisions and to other laws and regulations of similar effect and the insurance plan and policy provisions, plus pro rata bonus, if any, and accrued but unused vacation leave. All other compensation and benefits provided for under this Agreement shall cease as of the date of termination, except that employer shall use its reasonable efforts to assure that Employee shall have the option to assume such insurance coverage at his individual expense from and after termination of insurance coverage under this Section 5(d). For purposes of this Agreement Employee shall be considered disabled upon a determination of disability under the then existing disability insurance policy maintained by the Employer.

Early Termination Upon Disability. If Executive becomes Disabled during the Employment Term this Agreement shall terminate and Executive shall be entitled to the Base Salary provided for in Section 5 of this Agreement for a period of up to one-hundred and eighty (180) days from the date of Executive's first absence due to his disability, plus accrued but unused vacation leave, but not beyond the date specified herein for the end of the Employment Term. Payment shall be made to Executive in a lump sum payment, not later than ninety (90) days following the termination of this Agreement due to Executive’s Disability. All other compensation and benefits provided for under this Agreement shall cease as of the date of termination (benefits accrued and payable following Executive’s termination due to Disability under this Agreement or any other plan or agreement shall be payable in accordance with the terms of such plan or agreement). For purposes of this Agreement only, Disability shall mean that the Executive (i) is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than 12 months; or (ii) is, by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, receiving income replacement benefits for a period of not less than 3 months under an accident and health plan covering Bank employees. If there is a dispute regarding whether the Executive is Disabled, such dispute shall be resolved by a mutually agreeable physician. Such resolution shall be binding upon all Parties to this Agreement. The determination of Disability shall be made in a uniform and nondiscriminatory manner applied to all Bank employees under similar circumstances. Notwithstanding anything to the contrary, the term “Disability” shall be interpreted in accordance with Code Section 409A.