Common use of Illness, Incapacity or Death Clause in Contracts

Illness, Incapacity or Death. (a) If, during the term of this Agreement, Employee should be prevented from performing his duties by reason of illness or incapacity for an aggregate of one hundred eighty (180) days in any twelve (12) month period, then Company may immediately terminate this Agreement by ten (10) days notice in writing, in which event this Agreement shall thereupon terminate, and the provisions of Section 14 shall not apply and no further payments shall be due Employee from Company other than pursuant to any employee benefit plan or fringe benefit in which Employee participates. (b) If Employee dies during the term of this Agreement, this Agreement shall thereupon terminate, the provisions of Section 14 shall not apply and no further payments shall be due Employee from Company other than pursuant to any employee benefit plan or fringe benefit in which Employee participates.

Appears in 6 contracts

Samples: Employment Agreement (NanoDynamics, Inc.), Employment Agreement (NanoDynamics, Inc.), Employment Agreement (NanoDynamics, Inc.)

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Illness, Incapacity or Death. (a) If, during the term of this Agreement, Employee should be prevented from performing his duties by reason of illness or incapacity for an aggregate of one hundred eighty ninety (18090) days in any twelve (12) month period, then Company may immediately terminate this Agreement by ten (10) days notice in writing, in which event this Agreement shall thereupon terminate, and the provisions of Section 14 shall not apply and no further payments shall be due Employee from Company other than pursuant to any employee benefit plan or fringe benefit in which Employee participates. (b) If Employee dies during the term of this Agreement, this Agreement shall thereupon terminate, the provisions of Section 14 shall not apply and no further payments shall be due Employee from Company other than pursuant to any employee benefit plan or fringe benefit in which Employee participates.

Appears in 1 contract

Samples: Employment Agreement (NanoDynamics, Inc.)

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