Employee's Death or Disability. In the event that Employee dies or becomes disabled during the period that Employee is employed by Employer under this Agreement, Employer shall pay for a period of six (6) months the compensation, other than the annual performance bonus, then in effect on the date of Employee's death, or date that notice of Employee's disability is received, to Employee or to Employee's estate or legal guardian. In the event that Employee dies within one year after Employee's employment has been terminated pursuant to Section 6.b. or Section 6.c.(1), Employer shall continue to pay Employee's estate the compensation, other than the annual performance bonus, then in effect on the date of Employee's death until the first anniversary of the date Employee's employment terminated, whereupon Employer's obligation to pay compensation under Section 6 shall cease. In addition, the options/shares granted to the Employee that are scheduled to vest during the twelve (12) month period under Section 6.b.(3) and Section 6.d.
Employee's Death or Disability. In the event that Employee dies or becomes disabled during the period that Employee is employed by Employer under this Agreement, Employer shall pay for a period of six (6) months the compensation including all bonuses calculated in accordance with the respective formula set-forth on Schedule A and pro-rated up to and then in effect on the date of Employee's death, or date that notice of Employee's disability is received, to Employee or to Employee's estate or legal guardian. In the event that Employee dies within one year after Employee's employment has been terminated pursuant to Section 6.b. or Section 6.
Employee's Death or Disability. (a) In the event of the Employee’s death while this Option is outstanding, this Option shall remain exercisable until the earlier of (i) the expiration of the twelve (12)-month period measured from the date of Employee’s death or (ii) the Expiration Date. During such limited exercise period, this Option may be exercised by (A) the representative or representatives of the Employee’s estate or by the person or persons entitled to do so under Employee’s last will and testament, (B) the Living Trust to which this Option is assigned in accordance with Paragraph 11 or, if Employee fails to make such a testamentary disposition or assignment of this Option and dies intestate, (C) the person or persons entitled to receive this Option under the applicable laws of descent and distribution, as the case may be. However, during such period this Option may not be exercised in the aggregate for more than the number of the Option Shares (if any) for which this Option is exercisable, in accordance with the Normal Vesting Schedule, the special vesting acceleration provisions of Paragraph 5 and/or the pro-rata vesting provisions of Paragraph 8(b), at the time of Employee’s termination of employment with the Company. Upon the expiration of such limited exercise period, this Option shall terminate and cease to be exercisable for any Option Shares. The Company shall have the right to require evidence satisfactory to it of the rights of any person or persons seeking to exercise the Option under this Paragraph 9(a).
(b) In the event Employee’s employment terminates by reason of his or her Disability, then this Option may, at any time within the twelve (12)-month period measured from the date of such termination of employment, be exercised for any or all of the Option Shares for which this Option is exercisable, in accordance with the Normal Vesting Schedule, the special vesting acceleration provisions of Paragraph 5 and/or the pro-rata vesting provisions of Paragraph 8(b), on the date of such termination of employment; provided, however, that in no event shall the Option, or any part thereof, be exercisable after the Expiration Date. Upon the expiration of such limited exercise period, this Option shall terminate and cease to be exercisable for any Option Shares. For purposes of this Agreement, the term “Disability” shall have the meaning assigned to such term in Section 3.1(i) of the Plan.
Employee's Death or Disability. In the event of a termination of Employee’s employment with the Company due to death or Disability, as defined below, Employee (or, in the case of Employee’s death, Employee’s beneficiary or if no such person is designated, to Employee’s estate or personal representative) shall be entitled to payment of: (i) all accrued and unpaid base salary and all accrued but unused vacation time for the then-current annual period; (ii) all unreimbursed business expenses incurred through the date of termination; and (iii) a pro-rata portion of any bonus pursuant to Paragraph 3.D. Such benefits are payable in a lump sum within thirty (30) days after the date of Employee’s termination due to death or Disability, or such earlier date as may be required by applicable law.
Employee's Death or Disability. Executive's employment shall terminate immediately upon his death or, upon written notice as set forth below, his Disability. As used in this Agreement, "Disability" shall mean the inability of Executive, due to a physical or mental impairment, to perform his duties to GTH, which impairment reasonably can be expected to cause Executive's continued incapacity to perform his duties for a period of ninety (90) consecutive days from the first date of the disability. In the event of a dispute as to whether Executive is impaired within the meaning of this Section 5(d), or as to the likely duration of any incapacity of Executive, either party may request a medical examination of Executive by a doctor appointed by the Chief of Staff of a hospital selected by mutual agreement of the parties, or as the parties may otherwise agree, and the written medical opinion of such doctor shall be conclusive and binding upon the parties. The cost of such examination shall be borne by GTH.
Employee's Death or Disability. Employee's employment pursuant to this Agreement shall terminate automatically on the date of Employee's death or disability. In that event, Employer shall pay to Employee or to Employee's estate or legal guardian, as applicable, Employee's base pay as of the date of termination for a period of two years following such termination, plus accrued vacation pay, plus Employee's bonus calculated and paid in accordance with the respective formula set forth on Schedule A and pro-rated to the date of termination. For purposes of this Agreement, Employee shall be deemed to be disabled (as medically determined by an independent physician) if, for a period of at least six (6) consecutive months he is unable to perform the essential functions of his position with or without reasonable accommodation. For purposes of this Agreement, if Employee's employment terminates by reason of his disability, his employment termination date shall be deemed to be the last day of the six (b) month period described above. In the event that Employee dies within one year after Employee's employment has been terminated pursuant to Section 6(b) or Section 6(c), Employer shall continue to pay Employee's estate the compensation, other than the annual performance bonus, then in effect on the date of Employee's death until the second anniversary of the date Employee's employment terminated, whereupon Employer's obligation to pay compensation under Section 6 shall cease. In addition, vested and unexercised options held by Employee shall be exercisable for a period of one year from the date of Employee's death or termination of employment by disability. Employee shall continue to be subject to the restrictions in Sections 7 and 8 of this Agreement following termination of employment due to disability.
Employee's Death or Disability. The Employee’s employment shall terminate immediately upon his death or, upon written notice as set forth below, his disability. For purposes of this Agreement, Employee shall be deemed to be temporarily disabled and/or totally and permanently disabled if attested to by two qualified physicians, (one to be selected by REIT and the other by Employee) competent to give opinions in the area of the disabled Employee’s physical and/or mental condition. If the two physicians disagree, they shall select a third physician, whose opinion shall control. Employee shall be deemed to be temporarily disabled and/or totally and permanently disabled if he shall become disabled as a result of any medically determinable impairment of mind or body which renders it impossible for such Employee to perform satisfactorily his duties hereunder, and the qualified physician(s) referred to above certify that such disability does, in fact, exist. The opinion of the qualified physician(s) shall be given by such physician(s), in writing directed to the REIT and to Employee. The physician(s) decision shall include the date that disability began, if possible, and the 12th month of such disability, if possible. The decision of such physician(s) shall be final and conclusive and the cost of such examination shall be paid by the REIT.
Employee's Death or Disability. In the event of Employee's death or disability, any rights to compensation provided under this Paragraph 3 shall inure to the benefit of Employee's beneficiary, or if no such person is designated, to Employee's estate or personal representative.
Employee's Death or Disability. If the then-current Service Period is terminated prior to the scheduled expiration date thereof as a consequence of Employee's death or Disability (as defined below), Employee will be entitled to receive:
Employee's Death or Disability after March 31, 2008. In the event you become disabled (within the meaning of Section 409A of the Internal Revenue Code) following March 31, 2008, the obligations and rights of the parties under this Agreement shall be unaffected. In the event of your death following March 31, 2008, any remaining payments will be paid in a single lump sum to your estate as soon as practicable following notice to the Corporation of your death.
