Common use of Employee’s Disability Clause in Contracts

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. 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 '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 '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 Two Hundred Eighty Ninety Thousand Dollars 00/100 ($180,000.00290,000.00), 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. 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 Two Hundred Eighty Twenty Five Thousand Dollars 00/100 ($180,000.00225,000.00), 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. 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 Three Hundred Eighty Forty-Two Thousand Five Hundred Dollars 00/100 ($180,000.00342,500), 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 409AIf Employee is a Specified Employee, all cash amounts due under this Section 6(c5(c) shall be payable to Employee in a lump-sum cash payment on the first day following 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 '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 '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 Five Hundred Eighty Twenty Five Thousand Dollars 00/100 ($180,000.00525,000.00), 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. 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 Two Hundred Eighty Forty Eight Thousand Dollars 00/100 ($180,000.00248,000.00), 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. 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-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-lump sum payment due within thirty (30) days of the effective date of termination, the sum equal to One Two Hundred Eighty Twenty Five Thousand Dollars 00/100 ($180,000.00225,000.00), 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. 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 '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 '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 Two Hundred Eighty Forty Eight Thousand Dollars 00/100 ($180,000.00248,000.00), 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 '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 '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 '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 Three Hundred Eighty and Fifty Thousand Dollars 00/100 ($180,000.00350,000.00), 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.