Employee’s Disability. The Company shall be entitled, by providing written notice to the Employee, to terminate the Employee’s employment under this Agreement if the Employee shall become permanently disabled such that he is unable to carry out his duties hereunder for four (4) consecutive calendar months or for a period aggregating one hundred twenty (120) days in any period of twelve (12) consecutive calendar months. If the Employee is eligible to receive benefits under the Company’s Long-Term Disability Plan, then the Company will pay the Employee additional compensation so that the total received by the Employee (after taking into consideration the amounts payable to the Employee under the Long-Term Disability Plan) equals the Termination Compensation. If the Employee is not eligible to receive benefits under such plan, then he will upon termination of his employment for permanent disability be entitled to receive the full Termination Compensation. Any delay or forbearance by the Company in exercising any such right to terminate this Agreement shall not constitute a waiver thereof.
Employee’s Disability. The Employee may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life; provided, that the Employee shall have furnished the Company with a written statement from a qualified doctor to such effect. In the event this Agreement is terminated as a result of the Employee’s disability, (i) the Employee shall receive from the Company, in a lump-sum payment due within thirty (30) days of the effective date of termination, the sum equal to One Hundred Eighty Thousand Dollars 00/100 ($180,000.00), and (ii) all compensation and benefits that accrued and vested as of the date of Termination. In order to, and to the extent necessary to, comply with Section 409A, all cash amounts due under this Section 5(c) shall be payable to Employee in a lump-sum cash payment on the six-month anniversary of the date of Employee’s termination of employment.
Employee’s Disability. If, as a result of incapacity due to physical or mental illness or injury, the Employee shall fail to render services of the character contemplated by this Agreement for three (3) consecutive months or for an aggregate period of one hundred and eighty (180) calendar days during any twelve (12) month period, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such three (3) or twelve (12) month period, but which shall not be effective earlier than the last day of such three (3) or twelve (12) month period), the Company may terminate the Employee’s employment hereunder provided the Employee is unable to resume his full-time duties as contemplated by this Agreement at the conclusion of such notice period. In the event this Agreement is terminated by the Company as a result of the Employee’s disability, (i) the Employee shall receive from the Company, in a lump-sum payment due within thirty (30) days of the effective date of termination, the sum equal to One Hundred Eighty Thousand Dollars 00/100 ($180,000.00), and (ii) all compensation and benefits that accrued and vested as of the date of termination. In order to, and to the extent necessary to, comply with Section 409A, all cash amounts due under this Section 6(c) shall be payable to Employee in a lump-sum cash payment on the six-month anniversary of the date of Employee’s termination of employment.
Employee’s Disability. In the event Employee is unable to perform substantially the services required of Employee hereunder as a result of any disability due to physical or mental injury, disability or illness and such disability continues for a period of one hundred fifty (150) or more consecutive days or an aggregate of two hundred (200) or more days during any twelve (12) month period during the Services Term, then at any time thereafter while such disability continues, Employer shall have the right, at its option, to terminate Employee’s employment hereunder. In the event of such termination, all of the obligations of Employer and Sundance hereunder shall terminate immediately, except that Employer shall be obligated to pay or accord to Employee the Final Pay within five (5) business days following the date of Employee’s termination or by such earlier date as required by applicable law. Unless and until so terminated, during any period of disability during which Employee is unable to perform the services required of Employee hereunder, Employee’s Base Salary hereunder shall nevertheless be paid, and Employer shall be obligated to pay or accord to Employee the benefits and other compensation provided herein.
Employee’s Disability. The Company shall be entitled, by providing written notice to the Employee, to terminate the Employee’s employment under this Agreement if the Employee shall become disabled (as defined herein). If the Employee is eligible to receive benefits under the Company’s Long-Term Disability Plan, then the Company will pay the Employee additional compensation so that the total received by the Employee (after taking into consideration the amounts payable to the Employee under the Long-Term Disability Plan) equals the Termination Compensation provided under Paragraph 6(d)(i)(A) or 6(d)(ii)(A), whichever is applicable. If the Employee is not eligible to receive benefits under such plan, then Employee will upon termination of his employment for disability be entitled to receive the full Severance Benefits under Paragraph 6(d), whichever is applicable. Any delay or forbearance by the Company in exercising any such right to terminate this Agreement shall not constitute a waiver thereof. Employee will not receive any Termination Compensation provided under Paragraphs 6(d)(i)(A) or 6(d)(ii)(A).
Employee’s Disability. In the event Employee becomes Disabled. During the period in which Employee is absent from work due to an injury or illness which may result in a Disability, the Company shall continue to pay to Employee the compensation, benefits and other payments and awards set forth in Article III hereof.
Employee’s Disability. The Company shall be entitled, by providing written notice to the Employee, to terminate the Employee’s employment under this Agreement if the Employee shall become permanently disabled such that he is unable to carry out his duties hereunder for four (4) consecutive calendar months or for a period aggregating one hundred twenty (120) days in any period of twelve (12) consecutive calendar months. If the Employee is eligible to receive benefits under the Company’s Long-Term Disability Plan, then the Company will pay the Employee additional compensation so that the total received by the Employee (after taking into consideration the amounts payable to the Employee under the Long-Term Disability Plan) equals the Termination Compensation or the Enhanced Termination Compensation, whichever is applicable, set forth in Section 8(a). If the Employee is not eligible to receive benefits under such Plan, then he will upon termination of his employment for permanent disability be entitled to receive the full Termination Compensation or Enhanced Termination Compensation, whichever is applicable. Any delay or forbearance by the Company in exercising any such right to terminate this Agreement shall not constitute a waiver thereof.
Employee’s Disability. In addition, the Company may terminate this Agreement prior to the expiration of the term for Cause or without Cause, as defined below. Employee may terminate this Agreement prior to the expiration of the term for Good Reason, as defined below.
Employee’s Disability. In the event that Employee's employment is terminated by Employer or by Employee due to Employee's "Disability", as defined below, Employee shall be deemed to have been terminated by Employer without Cause. As used herein, "Disability" means any physical or mental ailment which substantially prevents Employee from performing the duties incident to Employee's employment with Employer which has continued for a period of six consecutive months or for an aggregate of six months in any 24-month period.
