Common use of Illness, Incapacity Clause in Contracts

Illness, Incapacity. Subject to the Company's compliance with applicable laws, if during the term of Employee's employment hereunder Employee shall be prevented, in the good faith judgment of the Board of Directors of the Company, from effectively performing his duties hereunder, for a period of the lesser of (a) 90 days or (b) the number of days after which benefits would begin to accrue under the applicable disability insurance policy, by reason of illness or disability, then the Company may, by written notice to Employee, terminate Employee's employment hereunder. Upon delivery to Employee of such notice, together with payment of any compensation set forth in Article I of this Agreement and benefits accrued under this Agreement, Employee's employment and all obligations of the Company under Article I hereof shall forthwith terminate; provided, however, that the Company shall continue to pay Employee's Salary for the remaining term of this Agreement as of the date of such notice. Such termination is without prejudice to any rights Employee may thereafter have against insurance carriers under the employee benefit plans or programs referred to in Section 1.05. The obligations of Employee under Article IV hereof shall continue notwithstanding termination of Employee's employment pursuant to this Section 2.01.

Illness, Incapacity. Subject to the CompanyEmployer's compliance with ------------------- applicable laws, if during the term of Employee's employment hereunder the Employee shall be prevented, in the good faith judgment of the Board of Directors of the CompanyEmployer, from effectively performing his duties hereunder, for a period of the lesser of (a) 90 days or (b) the number of days after which benefits would begin to accrue under the applicable disability insurance policy, by reason of illness or disability, then the Company Employer may, by written notice to the Employee, terminate the Employee's employment hereunder. Upon delivery to the Employee of such notice, together with payment of any compensation set forth in Article I Section 3 of this Agreement and benefits accrued under this Agreement, the Employee's employment and all obligations of the Company Employer under Article I Section 3 hereof shall forthwith terminate; provided, however, that the Company shall continue to pay Employee's Salary for the remaining term of this Agreement as of the date of such notice. Such termination is without prejudice to any rights Employee may thereafter have against insurance carriers under the employee benefit plans or programs referred to in Section 1.053(c). The obligations of Employee under Article IV Sections 5 and 6 hereof shall continue notwithstanding termination of Employee's employment pursuant to this Section 2.014(a).