For Death or Disability. This Agreement shall terminate without notice upon the date of Executive’s death or the date when Executive becomes “completely disabled.” Upon termination of Executive’s employment pursuant to this Section 5.4, Executive or his estate or personal representative, as the case may be, shall be entitled to receive a lump sum payment equal to six (6) months of Executive’s then current annual Base Salary, less applicable withholdings, and payable within one month of the date of termination. For purposes of this Agreement, “completely disabled” shall mean Executive’s physical or mental inability to perform the essential functions of his duties with or without reasonable accommodation for a period of one hundred eighty (180) consecutive days or one hundred eighty (180) days in total within a 365-day period as determined by the Company in its reasonable discretion and in accordance with applicable law.
For Death or Disability. If Employee's employment is terminated pursuant to Section 3.4, , Employee will be entitled to receive only the payments and benefits specified in Section 4.1.
For Death or Disability. If the Executive's employment hereunder terminates due to death or Disability, in lieu of any other payments or benefits, he shall be entitled to (A) the payments referred to in Section 5(a) hereof, (B) receive a monthly payment equal to the sum of (i) Executive's then applicable monthly Base Salary on the date of death or on the date of termination for Disability plus (ii) the quotient of the average annual Incentive Bonus paid or payable pursuant to this Agreement for each calendar year completed prior to such termination (such amount for calendar year 2000 being $125,000) divided by twelve (such monthly payment, the "Monthly Severance Payment") payable for eighteen (18) months following such date (the "Benefits Period"), which Monthly Severance Payment shall be paid to the Executive, or his beneficiary or estate, as applicable, during the Benefits Period, and (C) in the case of termination due to Disability, continuation, at the Company's expense, of the Executive's coverage in any group health plan (which may be provided by payment of COBRA continuation coverage premiums), life insurance, long-term disability and other employee benefit plans or programs, to the extent permissible under the terms of such plans or law, at the level in effect on the Executive's date of termination until the end of the Benefits Period (or shall reimburse Executive during the Benefits Period on a monthly basis an amount equal to the after-tax cost incurred by Executive to secure coverage reasonably equivalent to the coverage Executive enjoyed as an employee under such plans and programs immediately prior to the Benefits Period), provided that if the Company can, pursuant to the terms of the Company's health insurance plan, continue Executive's coverage and participation in the Company's health insurance plan as if he were an eligible employee, the last day of the Benefits Period shall be treated as the date of the Executive's termination of employment solely for the purpose of determining the rights of the Executive (and his eligible dependents, if any) to COBRA continuation coverage and if Executive cannot continue to participate in the Company's health insurance plan as if he were an eligible employee, the date of termination shall be treated as the date of Executive's termination of employment for purposes of COBRA continuation coverage.
For Death or Disability. If Employee’s employment is terminated by reason of the death or disability of Employee:
(a) Employee shall not be entitled to any continuation of Base Salary, other than Base Salary accrued but unpaid at the date of termination of Employee’s employment;
(b) Employee shall be entitled to payment, within ten (10) days following termination, of (i) all Incentive Pay fully earned prior to or upon the date of termination of Employee’s employment; and (ii) to the extent and only to the extent determined by the Company in its sole and absolute discretion, or required by any other written agreement between Employee and the Company, Incentive Pay not otherwise fully earned prior to the date of termination of Employee’s employment;
(c) Employee shall be entitled to receive reimbursement for business expenses incurred prior to the date of termination of Employee’s employment to the extent provided in Section 2.5 hereof;
(d) Employee shall not be entitled to continue to receive any benefits from the Company after the date of termination of Employee’s employment, except as otherwise required by the applicable benefit plan or applicable law.
For Death or Disability. If the Company or Metropolitan terminates your employment for Disability (as defined below) or your employment terminates by reason of your death, then, as of the date of such termination, (i) you will receive a lump sum payment equal to one month's base salary, plus a pro rata bonus for the year of termination, less any applicable withholding, (ii) any remaining Company Options will vest and be exercisable in accordance with the terms of the Company's 1998 Stock Option Plan, (iii) any existing Tax Loans will immediately be forgiven, but no new Tax Loan will be made based on such forgiveness, (iv) any unvested Core Awards and unvested Special Awards will immediately be cancelled and forfeited, and (v) except as otherwise provided by applicable law or the terms of applicable benefit plans, you will not receive any other compensation or benefits from the Company or Metropolitan (other than any accrued but unpaid Base Salary and any awarded but unpaid Cash Bonus) after the date of such termination.
For Death or Disability. If Employee’s employment is terminated by reason of the death or disability of Employee:
(a) Employee shall not be entitled to any continuation of Base Salary, other than Base Salary accrued but unpaid at the date of termination of Employee’s employment;
(b) Employee shall not be entitled to Incentive Pay not earned prior to the date of termination of Employee’s employment;
(c) Employee shall be entitled to receive reimbursement for business expenses incurred prior to the date of termination of Employee’s employment to the extent provided in Section 2.5 hereof;
(d) Employee shall not be entitled to continue to receive any benefits from the Company after the date of termination of Employee’s employment, except as otherwise required by the applicable benefit plan or applicable law.
For Death or Disability. If the Executive's employment hereunder terminates due to death or Disability, in lieu of any payments hereunder, he shall be entitled to (A) any accrued but unpaid Base Salary earned through the date of death or Disability, (B) his Base Salary, at the rate in effect on the date of death or Disability (the date of termination of employment), as applicable, for twelve (12) months following such date, payable to the Executive, or his beneficiary or estate, as applicable, (C) any amounts due but unpaid with respect to any prior completed fiscal year, including any Incentive Bonus actually awarded for such year, (D) in the case of termination due to Disability, continue to participate, for twelve (12) months following his date of Disability, in all employee benefit plans maintained by the Company in which he was a participant (or shall receive from the Company the economic equivalent of such coverage in cash). Executive agrees to cooperate with the Company in securing life and disability insurance coverage to fund, or partially fund, the Company's obligations under this Section 5(b).
For Death or Disability. If the Employee's employment terminates because of the Employee's death or disability, the Company shall not thereafter be obligated to make any further payments of any type or amount pursuant to this Agreement other than (i) any benefits required by Federal or State law; (ii) any accrued and unpaid Base Compensation; (iii) any incentive compensation earned pursuant to subparagraph 4(c)(i) with respect to the First Year (if previously completed) or subparagraph 4(c)(ii) with respect to any previously completed fiscal year which remains unpaid as of such date of termination; and (iv) any amounts to which the Employee may be entitled pursuant to the plans, policies and practices of the Company then in effect. In addition, if the Employee's employment terminates due to his death or disability prior to the end of the First Year or during a fiscal year, the Company shall pay to the Employee (or his legal representative) at the time incentive cash compensation is paid with respect to the First Year or fiscal year in which such termination occurs a pro rata amount of any cash incentive compensation due in respect of the First Year or fiscal year in which such event occurs calculated as if the Employee had been employed for the duration of such First Year or fiscal year, provided, however, that the amount of such incentive compensation shall be proportionately adjusted by multiplying such incentive compensation by a fraction, the numerator of which is the number of days in such First Year or fiscal year prior to the termination of the Employee's employment hereunder and the denominator of which is 365 or 366, as applicable.
