Common use of Effect of Disability While in Employ of Key Clause in Contracts

Effect of Disability While in Employ of Key. If, while Mxxxx is employed by Key, he becomes disabled, by reason of physical or mental impairment, to such an extent that he is unable to perform his duties under this Agreement: (a) Key may relieve Mxxxx of his duties under this Agreement for as long as Mxxxx is so disabled. (b) Key shall pay to Mxxxx all Base Salary and incentive compensation to which he would have been entitled under this Agreement and under applicable incentive compensation plans had he continued to be actively employed by Key to the earliest of (i) the date on which he becomes eligible for payment of long term disability benefits under the Long Term Disability Benefit Plan, (ii) the date of his death, or (iii) the third anniversary of the first date on which his employment hereunder could have been terminated by Key pursuant to the second sentence of Section 6.2, except that if, after Mxxxx has become so disabled and before he is terminated by Key pursuant to the second sentence of Section 6.2, Mxxxx recovers so that he is no longer so disabled to such an extent that he is unable to perform his duties under this Agreement, Mxxxx shall be restored to his duties under this Agreement and entitled to the benefits of and subject to this Agreement as if no period of disability had occurred. (c) The amounts payable to Mxxxx for any month under this Section 7.3 shall be reduced, but not below zero, by the full amount of the payments, if any, received by Mxxxx for that month (i) from all Retirement Plans, (ii) from the Long Term Disability Plan, and (iii) from any other disability plan the entire cost of which is borne by Key. (d) For purposes of all incentive compensation, retirement, savings, stock option, restricted stock, disability, and other employee benefit and welfare plans or arrangements allowed or provided by Key to executive officers, Mxxxx shall be treated in the same manner that Key treats other executive officers who become disabled. (e) Except as provided in this Section 7.3, Key shall have no further obligations to Mxxxx for Base Salary or incentive compensation for any period during which Mxxxx is so disabled to such an extent that he is unable to perform his duties under this Agreement. (f) The payments provided for under this Section 7.3 shall be made as provided for in this Section notwithstanding any termination of Mxxxx’x employment under the second sentence of Section 6.2.

Effect of Disability While in Employ of Key. If, while Mxxxx is Meyex xx employed by Key, he becomes disabled, by reason of physical or mental impairment, to such an extent that he is unable to perform his duties under this Agreement: (a) Key may relieve Mxxxx of Meyex xx his duties under this Agreement for as long as Mxxxx is Meyex xx so disabled. (b) Key shall pay to Mxxxx all Meyex xxx Base Salary and incentive compensation to which he would have been entitled under this Agreement and under applicable incentive compensation plans had he continued to be actively employed by Key to the earliest of (i) the date on which he becomes eligible for payment of long term disability benefits under the Long Term Disability Benefit Plan, (ii) the date of his death, or (iii) the third second anniversary of the first date on which his employment hereunder could have been terminated by Key pursuant to the second sentence of Section 6.25.2, except that if, if after Mxxxx has Meyex xxx become so disabled and before he is terminated by Key pursuant to the second sentence of Section 6.25.2, Mxxxx recovers Meyex xxxovers so that he is no longer so disabled to such an extent that he is unable to perform his duties under this Agreement, Mxxxx shall Meyex xxxll be restored to his duties under this Agreement and entitled to the benefits of and subject to this Agreement as if no period of disability had occurredoccurred and, accordingly, his entitlement to payments under this Section 6.5(b) with respect to that prior disability shall thereupon cease. (c) The amounts payable to Mxxxx for Meyex xxx any month under this Section 7.3 6.5 shall be reduced, but not below zero, by the full amount of the payments, if any, received by Mxxxx for Meyex xxx that month (i) from all Retirement Plans, (ii) from the Long Term Disability Plan, and (iii) from any other disability plan the entire cost of which is borne by Key. (d) For purposes of all incentive compensation, retirement, savings, stock option, restricted stock, disability, and other employee benefit and welfare plans or arrangements allowed or provided by Key to executive officers, Mxxxx shall Meyex xxxll be treated in the same manner that Key treats other executive officers who become disabled. (e) Except as provided in this Section 7.36.5, Key shall have no further obligations to Mxxxx for Meyex xxx Base Salary or incentive compensation for any period during which Mxxxx is Meyex xx so disabled to such an extent that he is unable to perform his duties under this Agreement. (f) The payments provided for under this Section 7.3 6.5 shall be made as provided for in this Section notwithstanding any termination of Mxxxx’x Meyex'x employment under the second sentence of Section 6.25.2.

Effect of Disability While in Employ of Key. If, while Mxxxx is Gillxxxxx xx employed by Key, he becomes disabled, by reason of physical or mental impairment, to such an extent that he is unable to perform his duties under this Agreement: (a) 11.1 Key may relieve Mxxxx of Gillxxxxx xx his duties under this Agreement for as long as Mxxxx is Gillxxxxx xx so disabled. (b) 11.2 Key shall pay to Mxxxx all Base Salary Gillxxxxx xxx base salary and incentive compensation to which he would have been entitled under this Agreement and under applicable incentive compensation plans the Short Term Incentive Compensation Plan and the Long Term Incentive Compensation Plan had he continued to be actively employed by Key to the earliest of (ia) the first date on which he is no longer so disabled to such an extent that he is unable to perform his duties under this Agreement (whereupon, if this clause (a) is the earliest to occur, he shall again be restored to his duties under this Agreement, entitled to the benefits of and subject to this Agreement as if no period of disability had occurred), (b) the date on which he becomes eligible for payment of long term disability benefits under the Long Term Disability Benefit Plan, (iic) the date of his death, or (iiid) the third anniversary last day of the Scheduled Term (whereupon, if this clause (d) is the earliest to occur, Gillxxxxx xxxll be entitled to the benefits provided under Section 6 of this Agreement for the Supplemental Term). 11.3 If and when Gillxxxxx xxxomes eligible for payment of long term disability benefits under the Long Term Disability Benefit Plan, Key shall pay to Gillxxxxx xxximonthly compensation continuation payments (one such payment to be made on each of the fifteenth and the last day of each calendar month) throughout the period (the "Section 11.3 Benefit Period") beginning with the date on which Gillxxxxx xxxomes so eligible and ending on the earliest of (a) the first date on which his employment hereunder could have been terminated by Key pursuant to the second sentence of Section 6.2, except that if, after Mxxxx has become so disabled and before he is terminated by Key pursuant to the second sentence of Section 6.2, Mxxxx recovers so that he is no longer so disabled to such an extent that he is unable to perform his duties under this AgreementAgreement (whereupon, Mxxxx if this clause (a) occurs during the Scheduled Term, he shall again be restored to his duties under this Agreement and Agreement, entitled to the benefits of and subject to this Agreement as if no period of disability had occurred. ), (b) the date of his death, or (c) The amounts payable to Mxxxx for any month under this Section 7.3 shall be reduced, but not below zero, by the full amount last day of the payments, if any, received by Mxxxx for that month (i) from all Retirement Plans, (ii) from the Long Term Disability Plan, and (iii) from any other disability plan the entire cost of which is borne by Key. (d) For purposes of all incentive compensation, retirement, savings, stock option, restricted stock, disability, and other employee benefit and welfare plans or arrangements allowed or provided by Key to executive officers, Mxxxx shall be treated in the same manner that Key treats other executive officers who become disabled. (e) Except as provided in this Section 7.3, Key shall have no further obligations to Mxxxx for Base Salary or incentive compensation for any period during which Mxxxx is so disabled to Supplemental Term. The first such an extent that he is unable to perform his duties under this Agreement. (f) The payments provided for under this Section 7.3 semimonthly payment shall be made as provided for the period commencing on the first day of the Section 11.3 Benefit Period and ending on the first day after that date that is either the fifteenth or last day of the calendar month. The last such semimonthly payment shall be made for the period commencing with the last date within the Section 11.3 Benefit Period that is either the first or sixteenth day of the calendar month in this which the Section notwithstanding any termination 11.3 Benefit Period ends and ending on the last day of Mxxxx’x employment under the second sentence of Section 6.2.11.3

Effect of Disability While in Employ of Key. If, while Mxxxx Xxxxx is employed by Key, he becomes disabled, by reason of physical or mental impairment, to such an extent that he is unable to perform his duties under this Agreement: (a) Key may relieve Mxxxx Xxxxx of his duties under this Agreement for as long as Mxxxx Xxxxx is so disabled. (b) Key shall pay to Mxxxx Xxxxx all Base Salary and incentive compensation to which he would have been entitled under this Agreement and under applicable incentive compensation plans had he continued to be actively employed by Key to the earliest of (i) the date on which he becomes eligible for payment of long term disability benefits under the Long Term Disability Benefit Plan, (ii) the date of his death, or (iii) the third anniversary of the first date on which his employment hereunder could have been terminated by Key pursuant to the second sentence of Section 6.2, except that if, after Mxxxx Xxxxx has become so disabled and before he is terminated by Key pursuant to the second sentence of Section 6.2, Mxxxx Xxxxx recovers so that he is no longer so disabled to such an extent that he is unable to perform his duties under this Agreement, Mxxxx Xxxxx shall be restored to his duties under this Agreement and entitled to the benefits of and subject to this Agreement as if no period of disability had occurred. (c) The amounts payable to Mxxxx Xxxxx for any month under this Section 7.3 shall be reduced, but not below zero, by the full amount of the payments, if any, received by Mxxxx Xxxxx for that month (i) from all Retirement Plans, (ii) from the Long Term Disability Plan, and (iii) from any other disability plan the entire cost of which is borne by Key. (d) For purposes of all incentive compensation, retirement, savings, stock option, restricted stock, disability, and other employee benefit and welfare plans or arrangements allowed or provided by Key to executive officers, Mxxxx Xxxxx shall be treated in the same manner that Key treats other executive officers who become disabled. (e) Except as provided in this Section 7.3, Key shall have no further obligations to Mxxxx Xxxxx for Base Salary or incentive compensation for any period during which Mxxxx Xxxxx is so disabled to such an extent that he is unable to perform his duties under this Agreement. (f) The payments provided for under this Section 7.3 shall be made as provided for in this Section notwithstanding any termination of Mxxxx’x Xxxxx'x employment under the second sentence of Section 6.2.