Common use of Illness, Incapacity Clause in Contracts

Illness, Incapacity. If, during the Term of Executive’s employment hereunder, the Board of Directors of the Company shall determine that Executive shall be prevented from effectively performing all his duties hereunder by reason of illness or disability and such failure so to perform shall have continued for a period of not less than three months, then the Company may, by written notice to Executive, terminate Executive’s employment hereunder effective at any time after such three month period. Upon delivery to Executive of such notice, together with payment of any salary accrued and unpaid under Section 1.03 hereof, Executive’s employment and all obligations of the Company under Article I hereof shall forthwith terminate. The obligations of Executive under Article IV hereof shall continue notwithstanding termination of Executive’s employment pursuant to this Section 2.01.

Appears in 4 contracts

Samples: Employment Agreement (Respironics Inc), Employment Agreement (Respironics Inc), Employment Agreement (Respironics Inc)

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Illness, Incapacity. If, during the Term of Executive’s 's ------------------- employment hereunder, the Board of Directors of the Company shall determine that Executive shall be prevented from effectively performing all his duties hereunder by reason of illness or disability disability, confirmed by a physician mutually acceptable to Executive and the Company, and such failure so to perform shall have continued for a period of not less than three six months, then the Company may, by written notice to Executive, terminate Executive’s 's employment hereunder effective at any time after such three six month period. Upon delivery to Executive of such notice, together with payment of any salary accrued and unpaid under Section 1.03 hereof, Executive’s 's employment and all obligations of the Company under Article I (except any obligation for vested benefits) hereof shall forthwith terminate. The obligations of Executive under Article Articles III and IV Section 4.01-4.04, 4.06, and 4.07 hereof shall continue notwithstanding termination of Executive’s 's employment pursuant to this Section 2.01.

Appears in 3 contracts

Samples: Employment Agreement (Respironics Inc), Employment Agreement (Respironics Inc), Employment Agreement (Respironics Inc)

Illness, Incapacity. If, during the Term of Executive’s 's ------------------- employment hereunder, the Board of Directors of the Company shall determine that Executive shall be prevented from effectively performing all his or her duties hereunder by reason of illness or disability and such failure so to perform shall have continued for a period of not less than three months, then the Company may, by written notice to Executive, terminate Executive’s 's employment hereunder effective at any time after such three month period. Upon delivery to Executive of such notice, together with payment of any salary accrued and unpaid under Section 1.03 hereof, Executive’s 's employment and all obligations of the Company under Article I hereof shall forthwith terminate. The obligations of Executive under Article IV hereof shall continue notwithstanding termination of Executive’s 's employment pursuant to this Section 2.01.

Appears in 2 contracts

Samples: Employment Agreement (Respironics Inc), Employment Agreement (Respironics Inc)

Illness, Incapacity. If, during the Term of Executive’s 's employment hereunder, the Board of Directors of the Company shall determine that Executive shall be prevented from effectively performing all his duties hereunder by reason of illness or disability disability, confirmed by a physician mutually acceptable to Executive and the Company, and such failure so to perform shall have continued for a period of not less than three six (6) consecutive months, then the Company may, by written notice to Executive, terminate Executive’s 's employment hereunder effective at any time after such three consecutive six (6) month period. Upon delivery to Executive of such notice, together with payment of any salary or other compensation accrued and unpaid under Section Sections 1.03 and 1.04 hereof, Executive’s 's employment and all obligations of the Company under Article I (except any obligation for vested benefits) hereof shall forthwith terminate. The obligations of Executive under Article III and IV hereof shall continue notwithstanding termination of Executive’s 's employment pursuant to this Section 2.01.

Appears in 2 contracts

Samples: Employment Agreement (Xcarenet Inc), Employment Agreement (Healthcare Com Corp)

Illness, Incapacity. If, during the Term of Executive’s 's ------------------- employment hereunder, the Board of Directors of the Company shall determine that Executive shall be prevented from effectively performing all his duties hereunder by reason of illness or disability and such failure so to perform shall have continued for a period of not less than three months, then the Company may, by written notice to Executive, terminate Executive’s 's employment hereunder effective at any time after such three month period. Upon delivery to Executive of such notice, together with payment of any salary accrued and unpaid under Section 1.03 hereof, Executive’s 's employment and all obligations of the Company under Article I hereof shall forthwith terminate. The obligations of Executive under Article IV hereof shall continue notwithstanding termination of Executive’s 's employment pursuant to this Section 2.01.

Appears in 2 contracts

Samples: Employment Agreement (Respironics Inc), Employment Agreement (Respironics Inc)

Illness, Incapacity. If, during the Term of Executive’s 's ------------------- employment hereunder, the Board of Directors of the Company shall determine that Executive shall be prevented from effectively performing all his duties hereunder by reason of illness or disability and such failure so to perform shall have continued for a period of not less than three (3) months, then the Company may, by written notice to Executive, terminate Executive’s 's employment hereunder effective at any time after such three (3) month period. Upon delivery to Executive of such notice, together with payment of any salary accrued and unpaid under Section 1.03 hereof, Executive’s 's employment and all obligations of the Company under Article I hereof shall forthwith terminate. The obligations of Executive under Article IV hereof shall continue notwithstanding termination of Executive’s 's employment pursuant to this Section 2.01.

Appears in 1 contract

Samples: Employment Agreement (Respironics Inc)

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Illness, Incapacity. If, during the Term of Executive’s employment hereunder, the Board of Directors of the Company shall determine that Executive shall be prevented from effectively performing all his duties hereunder by reason of illness or disability and such failure so to perform shall have continued for a period of not less than three months, then the Company may, by written notice to Executive, terminate Executive’s employment hereunder effective at any time after such three month period. Upon delivery to Executive of such notice, together with payment of any salary accrued and unpaid under Section 1.03 hereof, Executive’s employment and all obligations of the Company under Article I hereof shall forthwith terminate. The obligations of Executive under Article IV hereof shall continue notwithstanding termination of Executive’s employment pursuant to this Section 2.01.

Appears in 1 contract

Samples: Employment Agreement (Respironics Inc)

Illness, Incapacity. If, during the Term of Executive’s 's employment hereunder, the Board of Directors of the Company shall determine that Executive shall be prevented from effectively performing all his duties hereunder by reason of illness or disability disability, confirmed by a physician mutually acceptable to Executive and the Company, and such failure so to perform shall have continued for a period of not less than three six months, then the Company may, by written notice to Executive, terminate Executive’s 's employment hereunder effective at any time after such three six month period. Upon delivery to Executive of such notice, together with payment of any salary accrued and unpaid under Section 1.03 hereof, Executive’s 's employment and all obligations of the Company under Article I (except any obligation for vested benefits) hereof shall forthwith terminate. The obligations of Executive under Article Articles III and IV per Sections 4.02, 4.04, 4.06 and 4.07 hereof shall continue notwithstanding termination of Executive’s 's employment pursuant to this Section 2.01.

Appears in 1 contract

Samples: Agreement (Healthdyne Technologies Inc)

Illness, Incapacity. If, during the Term of Executive’s 's ------------------- employment hereunder, the Board of Directors of the Company shall determine that Executive shall be prevented from effectively performing all his duties hereunder by reason of illness or disability disability, confirmed by a physician mutually acceptable to Executive and the Company, and such failure so to perform shall have continued for a period of not less than three six months, then the Company may, by written notice to Executive, terminate Executive’s 's employment hereunder effective at any time after such three six month period. Upon delivery to Executive of such notice, together with payment of any salary accrued and unpaid under Section 1.03 hereof, Executive’s 's employment and all obligations of the Company under Article I (except any obligation for vested benefits) hereof shall forthwith terminate. The obligations of Executive under Article Articles III and IV per Sections 4.02, 4.04, 4.06 and 4.07 hereof shall continue notwithstanding termination of Executive’s 's employment pursuant to this Section 2.01.

Appears in 1 contract

Samples: Agreement (Respironics Inc)

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