Effect of Disability. If during the Contract Period and before [his][her] employment hereunder is otherwise terminated, Employee becomes disabled to such an extent that [he][she] is prevented from performing [his][her] duties hereunder by reason of physical or mental incapacity: (a) [he][she] shall be entitled to disability and other benefits at least equal to those that would have been available to [him][her] had the Subsidiary continued, throughout the period of Employee's disability, all of its programs, benefits, and policies with respect to disabled employees that were in effect immediately before the Change in Control; and (b) if [he][she] recovers from [his][her] disability before the end of the Contract Period, [he][she] shall be reinstated as an active employee for the remainder of the Contract Period under and subject to all of the terms of this Agreement including, without limitation, the Company's right to terminate Employee with or without cause under Paragraph 11.
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Samples: Change in Control and Employment Agreement (Oglebay Norton Co /Ohio/), Change in Control and Employment Agreement (Oglebay Norton Co /Ohio/), Control and Employment Agreement (Oglebay Norton Co /Ohio/)
Effect of Disability. If during the Contract Period and before -------------------- [his][her] employment hereunder is otherwise terminated, Employee becomes disabled to such an extent that [he][she] is prevented from performing [his][her] duties hereunder by reason of physical or mental incapacity: (a) [he][she] shall be entitled to disability and other benefits at least equal to those that would have been available to [him][her] had the Subsidiary continued, throughout the period of Employee's disability, all of its programs, benefits, and policies with respect to disabled employees that were in effect immediately before the Change in Control; and (b) if [he][she] recovers from [his][her] disability before the end of the Contract Period, [he][she] shall be reinstated as an active employee for the remainder of the Contract Period under and subject to all of the terms of this Agreement including, without limitation, the Company's right to terminate Employee with or without cause under Paragraph 11.
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