Common use of Illness or Accident Clause in Contracts

Illness or Accident. 9.1 The Executive shall from time to time at the request and expense of the Company submit to medical examinations and tests by a medical practitioner nominated by the Company, the results of which shall, subject to the provisions of the Access to Medical Reports Act 1988 (as applicable), be disclosed to the Company. 9.2 If the Executive is absent from his duties as a result of sickness or injury for a period of seven days or more he will at the request of the Company produce medical certificates to the Company in respect of this absence. 9.3 If the Executive shall be absent for up to a maximum of 130 working days in any rolling period of twelve months owing to accident or illness so that he is unable properly to perform his duties he shall continue to be entitled to his full salary excluding any bonus or commission during any period of absence up to a maximum of 130 working days in any rolling period of 12 months provided that if at any time during such a period of absence referred to above the Executive becomes eligible to receive benefits under a permanent health insurance policy in respect of which the Company or any Group Company has paid premiums on behalf of the Executive or under any Social Security legislation the Company shall be entitled to set off or deduct the amount of any such benefits from the salary payable to the Executive under this clause. During any such period of absence, the Company shall be entitled at any time to appoint a further executive director or employee to perform the Executive's duties and to exercise his powers. 9.4 The Company shall pay the Executive all sums payable by way of statutory sick pay in accordance with the legislation in force at the time of absence and any remuneration paid shall be deemed to be inclusive of statutory sick pay. 9.5 If the Executive's absence shall be or appear to be occasioned by actionable negligence of a third party in respect of which damages are or may be recoverable, then all sums paid by the Company shall constitute loans to the Executive, who shall: 9.5.1 forthwith notify the Company of the relevant circumstances and of any claim, compromise, settlement or judgement made or awarded in connection therewith; 9.5.2 give to the Company all such particulars of such matters as the Company may reasonably require; and 9.5.3 if the Executive recovers damages in respect of such actionable negligence, refund to the Company such sum (not exceeding the lesser of: (a) the amount of damages recovered by him (less all costs and expenses incurred by the Executive in obtaining such damages) under such compromise settlement or judgement; and (b) the sums advances to him in respect of the period of the incapacity) as the Company may determine.

Illness or Accident. 9.1 11.1 The Executive shall from time to time at the request and expense of the Company submit to medical examinations and tests by a medical practitioner nominated by the Company, the results of which shall, subject to the provisions provision of the Access to Medical Reports Act 1988 (as applicable), be disclosed to the Company. 9.2 11.2 If the Executive is absent from his duties as a result of sickness or injury Incapacity for a period of seven consecutive days or more he will at the request of the Company produce medical certificates a Statement of Fitness for Work to the Company in respect of this his absence. 9.3 11.3 If the Executive shall be absent for up to a maximum of 130 working days in any rolling period of twelve months owing to accident or illness Incapacity so that he is unable properly to perform his duties he shall continue to be entitled to his full salary excluding during the first six months of his absence and thereafter any bonus or commission during any such salary shall be paid at the discretion of the Company. After a consecutive period of absence up to a maximum of 130 working days in any rolling period of 12 months provided that if at any time during such a period of absence referred to above the Executive becomes eligible to receive benefits under a permanent health insurance policy in respect of which the Company or any Group Company has paid premiums on behalf of the Executive or under any Social Security legislation the Company shall be entitled to set off or deduct the amount of any such benefits from the salary payable to the Executive under this clause. During any such period of absencethree months, the Company shall be entitled at any time to appoint a further executive director or employee to perform the Executive's ’s duties and to exercise his powers. If such absence shall continue in aggregate for six months in any rolling period of 12 months, the Company may terminate the Executive’s employment by giving the notice specified in clause 12, provided that, in such event, the notice period required pursuant to clause 2.2 shall be reduced to 6 months. 9.4 11.4 The Company shall pay the Executive all sums payable by way of statutory sick pay in accordance with the legislation in force at the time of absence and any remuneration paid shall be deemed to be inclusive of statutory sick pay. 9.5 If 11.5 The Executive’s entitlement under clause 11.3 will cease if at any time during the Executive's absence shall be six month period the Executive becomes eligible to receive benefits under any permanent health insurance scheme referred to in clause 8 or appear to be occasioned by actionable negligence of a third party any other such scheme in respect of which damages are any Group Company pays or may be recoverable, then all sums has paid by the Company shall constitute loans to premiums on behalf of the Executive, who shall: 9.5.1 forthwith notify in which case the Company of the relevant circumstances and of any claim, compromise, settlement or judgement made or awarded in connection therewith; 9.5.2 give will have no further obligation to the Company all such particulars of such matters as the Company may reasonably require; and 9.5.3 if the Executive recovers damages in respect of such actionable negligence, refund to the Company such sum (not exceeding the lesser of: (a) the amount of damages recovered by him (less all costs and expenses incurred by the Executive in obtaining such damages) under such compromise settlement or judgement; and (b) the sums advances to him in respect of the period of the incapacity) as the Company may determinethis clause.

Illness or Accident. 9.1 7.1 The Executive shall be entitled to receive the basic salary and other contractual benefits to which the Executive is entitled under this agreement if prevented from time performing his duties through illness, accident or other such incapacity only for a period not exceeding 2 consecutive months or an aggregate of 40 working days (whether consecutive or not) in any 12 consecutive calendar months. The Executive’s entitlement to time basic salary and other benefits under this agreement, save for any payment to be made to the Company in respect of the Executive under any permanent health insurance scheme in which the Executive is entitled to participate pursuant to the second schedule shall cease upon the expiry of the period referred to in this clause. The Company may on such terms and conditions as the Company shall determine appoint a replacement to undertake some or all of the Executive’s duties in the event that the relevant period of illness, accident or other incapacity exceeds 30 consecutive working days. 7.2 The basic salary payable by the Company to the Executive in circumstances where clause 7.1 applies shall axxxx by the amount of sickness or disability benefit which the Executive receives under any scheme maintained by the Group or under any relevant legislation. 7.3 The Executive shall notify the Company immediately of any illness, accident or other incapacity in such form and thereafter at such intervals as the Company may reasonably require. 7.4 If the Executive shall be prevented from performing his duties as a result of illness, accident or incapacity for any period in excess of 2 consecutive months or an aggregate of 40 working days (whether consecutive or not) in any period of 12 consecutive months, the Company may, notwithstanding any other provision of this agreement, terminate the Executive’s employment by giving 6 months notice in writing, in which case the Executive shall not be entitled to any additional compensation. 7.5 In circumstances where the Executive shall have been prevented from performing his duties for the periods referred to in clause 7.4, the Company may in its absolute discretion, if the Executive is a director of the Company or any company in the Group, require the Executive to resign any such directorship (the imposition by the Company and the compliance by the Executive with which requirement shall not constitute a breach of contract on the part of the Company) and, if the appropriate resignation shall not be signed and delivered by the Executive to the Board within seven days of such request, the Executive agrees that the Board may appoint any other director of the Company to sign such notice of resignation for and on behalf of the Executive and in the Executive’s name for such purpose. 7.6 The Executive may be required at the request and expense of the Company submit during the course of his employment to medical examinations and tests by attend a medical practitioner doctor or clinic nominated by the Company for the purpose of a comprehensive medical examination to determine his fitness for continued employment and shall use his reasonable endeavours to ensure the prompt delivery of the relative report to the Company, the results of which shall, subject to . Notwithstanding the provisions of the Access to Medical Reports Act 1988 (as applicable)Axx 0000, be disclosed the Executive will permit the Company access to any medical report relating to the Companyphysical or mental health of the Executive and which is relevant to the ability of the Executive to perform his duties from a medical or other practitioner who is or has been responsible for the clinical care or treatment of the Executive. 9.2 If 7.7 In the event that the Executive is absent from incapable of performing his duties by reason of injuries sustained wholly or partly as a result of sickness actionable negligence, nuisance or injury for a period breach of seven days any statutory duty or more he will at any criminal conduct on the request part of any third party all payments made to the Executive by the Company produce medical certificates under this clause in respect of any consequent absence shall, to the extent that compensation is recoverable either from the third party and/or any other body constitute loans by the Company to the Executive and shall be repaid to the Company in respect of this absence. 9.3 If the Executive shall be absent for up to a maximum of 130 working days in any rolling period of twelve months owing to accident or illness so that he is unable properly to perform his duties he shall continue to be entitled to his full salary excluding any bonus or commission during any period of absence up to a maximum of 130 working days in any rolling period of 12 months provided that if at any time during such a period of absence referred to above the Executive becomes eligible to receive benefits under a permanent health insurance policy in respect of which the Company or any Group Company has paid premiums on behalf of the Executive or under any Social Security legislation the Company shall be entitled to set off or deduct the amount of any such benefits from the salary payable to the Executive under this clause. During any such period of absence, the Company shall be entitled at any time to appoint a further executive director or employee to perform the Executive's duties and to exercise his powers. 9.4 The Company shall pay the Executive all sums payable by way of statutory sick pay in accordance with the legislation in force at the time provisions of absence and any remuneration paid shall be deemed to be inclusive of statutory sick pay. 9.5 If the Executive's absence shall be or appear to be occasioned by actionable negligence of a third party in respect of which damages are or may be recoverable, then all sums paid by the Company shall constitute loans this clause to the Executiveextent that the Executive recovers compensation for loss of earnings. Where the Executive recovers any compensation for loss of earnings as referred to in this clause, who shall: 9.5.1 forthwith he shall notify the Company of in writing forthwith and shall repay the relevant circumstances and of any claim, compromise, settlement or judgement made or awarded in connection therewith; 9.5.2 give amount due to the Company all such particulars under this clause within 28 days of receipt of such matters as the Company may reasonably require; and 9.5.3 if the Executive recovers damages in respect of such actionable negligence, refund to the Company such sum (not exceeding the lesser of: (a) the amount of damages recovered by him (less all costs and expenses incurred by the Executive in obtaining such damages) under such compromise settlement or judgement; and (b) the sums advances to him in respect of the period of the incapacity) as the Company may determinecompensation.

Illness or Accident. 9.1 7.1 The Executive shall be entitled to receive the basic salary and other contractual benefits to which the Executive is entitled under this agreement if prevented from time performing his duties through illness, accident or other such incapacity at the rate of full pay for the first fifty-two weeks of such absence and at the rate of half pay for the next fifty two weeks thereafter. The Executive’s entitlement to time basic salary and other benefits under this agreement shall cease upon the expiry of the period referred to in this clause and any continuing payments of salary after this period of one hundred and four weeks shall be at the Company’s sole discretion. The Company may on such terms and conditions as the Company shall determine appoint a replacement to undertake some or all of the Executive’s duties in the event that the relevant period of illness, accident or other incapacity exceeds 20 consecutive working days. 7.2 The basic salary payable by the Company to the Executive in circumstances where clause 7.1 applies shall xxxxx by the amount of sickness or disability benefit which the Executive receives under any scheme maintained by the Group or under any relevant legislation. 7.3 The Executive shall notify the Company immediately of any illness, accident or other incapacity in such form and thereafter at such intervals as the Company may require. 7.4 If the Executive shall be prevented from performing his duties as a result of illness, accident or incapacity for any period in excess of one hundred and four weeks in the preceding forty eight months, the Company may, notwithstanding any other provision of this agreement, terminate the Executive’s employment by giving the statutory minimum period of notice, in which case the Executive shall not be entitled to any additional compensation. 7.5 In circumstances where the Executive shall have been prevented from performing his duties for the periods referred to in clause 7.4, the Company may in its absolute discretion, if the Executive is a director of the Company or any company in the Group, require the Executive to resign any such directorship (the imposition by the Company and the compliance by the Executive with which requirement shall not constitute a breach of contract on the part of the Company) and, if the appropriate resignation shall not be signed and delivered by the Executive to the Board within seven days of such request, the Executive agrees that the Board may appoint any other director of the Company to sign such notice of resignation for and on behalf of the Executive and in the Executive’s name for such purpose. 7.6 The Executive may be required at the request and expense of the Company submit during the course of his employment to medical examinations and tests by attend a medical practitioner doctor or clinic nominated by the Company for the purpose of a comprehensive medical examination to determine his fitness for continued employment and shall use his reasonable endeavours to ensure the prompt delivery of the relative report to the Company, the results of which shall, subject to . Notwithstanding the provisions of the Access to Medical Reports Act 1988 (as applicable)Xxx 0000, be disclosed the Executive will permit the Company access to any medical report relating to the Companyphysical or mental health of the Executive and which is relevant to the ability of the Executive to perform his duties from a medical or other practitioner who is or has been responsible for the clinical care or treatment of the Executive. 9.2 If 7.7 In the event that the Executive is absent from incapable of performing his duties by reason of injuries sustained wholly or partly as a result of sickness actionable negligence, nuisance or injury for a period breach of seven days any statutory duty or more he will at any criminal conduct on the request part of any third party all payments made to the Executive by the Company produce medical certificates under this clause in respect of any consequent absence shall, to the extent that compensation is recoverable either from the third party and/or any other body constitute loans by the Company to the Executive and shall be repaid to the Company in respect of this absence. 9.3 If the Executive shall be absent for up to a maximum of 130 working days in any rolling period of twelve months owing to accident or illness so that he is unable properly to perform his duties he shall continue to be entitled to his full salary excluding any bonus or commission during any period of absence up to a maximum of 130 working days in any rolling period of 12 months provided that if at any time during such a period of absence referred to above the Executive becomes eligible to receive benefits under a permanent health insurance policy in respect of which the Company or any Group Company has paid premiums on behalf of the Executive or under any Social Security legislation the Company shall be entitled to set off or deduct the amount of any such benefits from the salary payable to the Executive under this clause. During any such period of absence, the Company shall be entitled at any time to appoint a further executive director or employee to perform the Executive's duties and to exercise his powers. 9.4 The Company shall pay the Executive all sums payable by way of statutory sick pay in accordance with the legislation in force at the time provisions of absence and any remuneration paid shall be deemed to be inclusive of statutory sick pay. 9.5 If the Executive's absence shall be or appear to be occasioned by actionable negligence of a third party in respect of which damages are or may be recoverable, then all sums paid by the Company shall constitute loans this clause to the Executiveextent that the Executive recovers compensation for loss of earnings. Where the Executive recovers any compensation for loss of earnings as referred to in this clause, who shall: 9.5.1 forthwith he shall notify the Company of in writing forthwith and shall repay the relevant circumstances and of any claim, compromise, settlement or judgement made or awarded in connection therewith; 9.5.2 give amount due to the Company all such particulars under this clause within 28 days of receipt of such matters as the Company may reasonably require; and 9.5.3 if the Executive recovers damages in respect of such actionable negligence, refund to the Company such sum (not exceeding the lesser of: (a) the amount of damages recovered by him (less all costs and expenses incurred by the Executive in obtaining such damages) under such compromise settlement or judgement; and (b) the sums advances to him in respect of the period of the incapacity) as the Company may determinecompensation.

Illness or Accident. 9.1 7.1 The Executive shall be entitled to receive the basic salary and other contractual benefits to which the Executive is entitled under this agreement if prevented from time performing his duties through illness, accident or other such incapacity only for a period not exceeding 6 consecutive months or an aggregate of 130 working days (whether consecutive or not) in any 12 consecutive calendar months. The Executive’s entitlement to time basic salary and other benefits under this agreement, save for any payment to be made to the Company in respect of the Executive under any permanent health insurance scheme in which the Executive is entitled to participate pursuant to the second schedule shall cease upon the expiry of the period referred to in this clause. The Company may on such terms and conditions as the Company shall determine appoint a replacement to undertake some or all of the Executive’s duties in the event that the relevant period of illness, accident or other incapacity exceeds 20 consecutive working days. 7.2 The basic salary payable by the Company to the Executive in circumstances where clause 7.1 applies shall xxxxx by the amount of sickness or disability benefit to which the Executive may be entitled under any scheme maintained by the Group or under any relevant legislation. 7.3 The Executive shall notify the Company immediately of any illness, accident or other incapacity in such form and thereafter at such intervals as the Company may require. 7.4 If the Executive shall be prevented from performing his duties as a result of illness, accident or incapacity for any period in excess of 6 consecutive months or an aggregate of 130 working days (whether consecutive or not) in any period of 12 consecutive months, the Company may, notwithstanding any other provision of this agreement, terminate the Executive’s employment by giving the statutory minimum period of notice in writing, in which case the Executive shall not be entitled to any additional compensation provided always that the Company shall not terminate the Executive’s employment by reason of ill health or injury if such termination would deprive the Executive of the benefit of payments under the permanent health insurance arrangements provided by the Company. 7.5 In circumstances where the Executive shall have been prevented from performing his duties for the periods referred to in clause 7.4, the Company may in its absolute discretion, if the Executive is a director of the Company or any company in the Group, require the Executive to resign any such directorship (the imposition by the Company and the compliance by the Executive with which requirement shall not constitute a breach of contract on the part of the Company) and, if the appropriate resignation shall not be signed and delivered by the Executive to the Board within seven days of such request, the Executive agrees that the Board may appoint any other director of the Company to sign such notice of resignation for and on behalf of the Executive and in the Executive’s name for such purpose. 7.6 The Executive may be required at the request and expense of the Company submit during the course of his employment to medical examinations and tests by attend a medical practitioner doctor or clinic nominated by the Company for the purpose of a comprehensive medical examination to determine his fitness for continued employment and shall use his reasonable endeavours to ensure the prompt delivery of the relative report to the Company, the results of which shall, subject to . Notwithstanding the provisions of the Access to Medical Reports Act 1988 (as applicable)Xxx 0000, be disclosed the Executive will permit the Company access to any medical report relating to the Companyphysical or mental health of the Executive and which is relevant to the ability of the Executive to perform his duties from a medical or other practitioner who is or has been responsible for the clinical care or treatment of the Executive. 9.2 If 7.7 In the event that the Executive is absent from incapable of performing his duties by reason of injuries sustained wholly or partly as a result of sickness actionable negligence, nuisance or injury for a period breach of seven days any statutory duty or more he will at any criminal conduct on the request part of any third party all payments made to the Executive by the Company produce medical certificates under this clause in respect of any consequent absence shall, to the extent that compensation is recoverable either from the third party and/or any other body constitute loans by the Company to the Executive and shall be repaid to the Company in respect of this absence. 9.3 If the Executive shall be absent for up to a maximum of 130 working days in any rolling period of twelve months owing to accident or illness so that he is unable properly to perform his duties he shall continue to be entitled to his full salary excluding any bonus or commission during any period of absence up to a maximum of 130 working days in any rolling period of 12 months provided that if at any time during such a period of absence referred to above the Executive becomes eligible to receive benefits under a permanent health insurance policy in respect of which the Company or any Group Company has paid premiums on behalf of the Executive or under any Social Security legislation the Company shall be entitled to set off or deduct the amount of any such benefits from the salary payable to the Executive under this clause. During any such period of absence, the Company shall be entitled at any time to appoint a further executive director or employee to perform the Executive's duties and to exercise his powers. 9.4 The Company shall pay the Executive all sums payable by way of statutory sick pay in accordance with the legislation in force at the time provisions of absence and any remuneration paid shall be deemed to be inclusive of statutory sick pay. 9.5 If the Executive's absence shall be or appear to be occasioned by actionable negligence of a third party in respect of which damages are or may be recoverable, then all sums paid by the Company shall constitute loans this clause to the Executiveextent that the Executive recovers compensation for loss of earnings. Where the Executive recovers any compensation for loss of earnings as referred to in this clause, who shall: 9.5.1 forthwith he shall notify the Company of in writing forthwith and shall repay the relevant circumstances and of any claim, compromise, settlement or judgement made or awarded in connection therewith; 9.5.2 give amount due to the Company all such particulars under this clause within 28 days of receipt of such matters as the Company may reasonably require; and 9.5.3 if the Executive recovers damages in respect of such actionable negligence, refund to the Company such sum (not exceeding the lesser of: (a) the amount of damages recovered by him (less all costs and expenses incurred by the Executive in obtaining such damages) under such compromise settlement or judgement; and (b) the sums advances to him in respect of the period of the incapacity) as the Company may determinecompensation.

Illness or Accident. 9.1 12.1 The Executive shall from time to time at the request and expense of the Company submit to medical examinations and tests by a medical practitioner nominated by the Company, the results of which shall, subject to the provisions provision of the Access to Medical Reports Act 1988 (as applicable), be disclosed to the Company. 9.2 12.2 If the Executive is absent from his duties as a result of sickness or injury Incapacity for a period of seven consecutive days or more he will at the request of the Company produce medical certificates a Statement of Fitness for Work to the Company in respect of this the entire period of his absence. 9.3 12.3 If the Executive shall be absent for up to a maximum of 130 working days in any rolling period of twelve months owing to accident or illness Incapacity so that he is unable properly to perform his duties he shall continue to be entitled to his full salary excluding during the first six months of his absence and thereafter any bonus or commission during any such salary shall be paid at the discretion of the Company. After a consecutive period of absence up to a maximum of 130 working days in any rolling period of 12 months provided that if at any time during such a period of absence referred to above the Executive becomes eligible to receive benefits under a permanent health insurance policy in respect of which the Company or any Group Company has paid premiums on behalf of the Executive or under any Social Security legislation the Company shall be entitled to set off or deduct the amount of any such benefits from the salary payable to the Executive under this clause. During any such period of absencethree months, the Company shall be entitled at any time to appoint a further executive director or employee to perform the Executive's ’s duties and to exercise his powers. If such absence shall continue in aggregate for six months in any rolling period of 12 months, the Company may terminate the Executive’s employment by giving the notice specified in clause 2.2, provided that, in such event, the notice period required pursuant to clause 2.2 shall be reduced to 6 months. 9.4 12.4 If the Executive’s absence shall be occasioned by the actionable negligence of a third party in respect of which damages are recoverable the Executive shall: 12.4.1 immediately notify the Company of all the relevant circumstances and of any claim, compromise, settlement or judgment made or awarded in connection with those circumstances; 12.4.2 if the Company requires, pursue a claim against the third party and indemnify the Company for such sum as the Company may determine, not exceeding the lesser of: (a) the amount of damages recovered by him in respect of loss of earnings under such compromise, settlement or judgment; and (b) the sums paid to him in respect of the period of incapacity. 12.5 The Company shall pay the Executive all sums payable by way of statutory sick pay in accordance with the legislation in force at the time of absence and any remuneration paid shall be deemed to be inclusive of statutory sick pay. 9.5 If 12.6 The Executive’s entitlement under clause 12.3 will cease if at any time during the Executive's absence shall be six month period the Executive becomes eligible to receive benefits under any permanent health insurance scheme referred to in clause 9 or appear to be occasioned by actionable negligence of a third party any other such scheme in respect of which damages are any Group Company pays or may be recoverable, then all sums has paid by the Company shall constitute loans to premiums on behalf of the Executive, who shall: 9.5.1 forthwith notify in which case the Company of the relevant circumstances and of any claim, compromise, settlement or judgement made or awarded in connection therewith; 9.5.2 give will have no further obligation to the Company all such particulars of such matters as the Company may reasonably require; and 9.5.3 if the Executive recovers damages in respect of such actionable negligence, refund to the Company such sum (not exceeding the lesser of: (a) the amount of damages recovered by him (less all costs and expenses incurred by the Executive in obtaining such damages) under such compromise settlement or judgement; and (b) the sums advances to him in respect of the period of the incapacity) as the Company may determinethis clause.