Illness or Incapacity. If, during any term of this Agreement, Executive shall become unable to perform his duties by reason of illness or incapacity, then Employer, may, at its option, terminate this Agreement. In such event, the notice period shall be not less than the applicable elimination period in any employee disability plan of the Employer in which Executive participates. It is agreed that the determination of illness or incapacity shall be made upon the basis of qualified medical evidence and if, during the notice period, Executive returns to work and is capable of carrying out his duties, then Employer's right to terminate for illness or incapacity is suspended.
Illness or Incapacity. If the Executive is unable to perform the Executive’s services by reason of illness or incapacity for a period of more than three (3) consecutive months, the compensation thereafter payable to the Executive during the next nine (9) consecutive months shall be 50% of the compensation provided for herein. During such period of illness or incapacity, the Executive shall be entitled to receive incentive compensation if any. Notwithstanding the foregoing, if such illness or incapacity does not cease to exist within a twelve (12) consecutive month period, the Executive shall not be entitled to receive any further compensation nor any payments for such illness or incapacity, and the Company may terminate this Agreement without further liability to the Executive. Any existing options to purchase the Company’s common stock held by the Executive at the time of termination shall be governed by the terms of the option and not affected by this provision. Notwithstanding any of the foregoing, if such illness or incapacity ceases prior to twelve (12) consecutive months, at the termination of such illness or incapacity, the Executive shall be entitled to receive the Executive’s full compensation payable pursuant to the terms of this Agreement.
Illness or Incapacity. If Employee is unable to perform Employee's services by reason of illness or incapacity for a period of more than two (2) consecutive months the compensation thereafter payable to Employee during the next two (2) consecutive months shall be 50% of the compensation provided for herein. During such period of illness or incapacity, Employee shall be entitled to receive incentive compensation if any Notwithstanding the foregoing, if such illness or incapacity does not cease to exist within a four (4) consecutive month period, Employee shall not be entitled to receive any further compensation nor any payments for such illness or incapacity, and Employer may terminate this Agreement without further liability to Employee. Any existing options to purchase Employer's common stock held by Employee at the time termination shall be governed by the terms of the option and not affected by this provision. At the termination of such illness or incapacity, Employee shall be entitled to receive Employee's full compensation payable pursuant to the terms of this Agreement.
Illness or Incapacity. If the Employee becomes unable to devote the Employee's full time to the business of the Employer because of illness or incapacity during the term of this Agreement, then during such period of illness or incapacity, the Employee's compensation shall be as follows:
A. For the first six (6) months thereof--One Hundred percent (100%) of the compensation provided for by paragraph 4 of this Agreement.
B. If the Employee shall not have resumed the Employee's duties within the six (6) month period specified above, then the Employee's compensation hereunder shall be terminated as of the end of the six (6) month period, and the Employer shall have no further financial obligation to the Employee.
Illness or Incapacity. In the event that the Executive cannot perform the duties due to some illness or incapacity for a period of more than four (4) weeks, the compensation otherwise due during said illness or incapacity will be reduced by 35%. The Executive's full compensation will be reinstated upon return to work. However, if the Executive is absent from work for any reason for a continuous period of more than two (2) months, the Company may terminate the Executive’s employment, and the Company's obligations under this Agreement will cease on that date. Any dispute regarding the existence, extent or continuance of the disability, illness or incapacity shall be resolved by the determination of a majority of three medical doctors who are not Executives of the Company, one of whom shall be selected by the Company, one of whom shall be selected by the Executive and a third whom shall be selected by the other two doctors.
Illness or Incapacity. In the event of any disability, illness or other incapacity which prevents Executive from performing services as contemplated herein, the obligation of the Company to pay compensation to Executive shall be reduced to the extent of any amount received by Executive pursuant to any disability insurance policy maintained and paid for by the Company. If Executive shall be incapacitated for more than 120 consecutive days or 180 days in any consecutive 12-month period, the Company shall have the right to terminate this Agreement upon 10 days' prior written notice with no further liability, except for accrued and unpaid salary, and other previously earned, accrued and unpaid benefits from the Company and its employee benefit plans through the date of such termination, provided that such termination shall not prejudice any rights of Executive under any disability policies being maintained by the Company for Executive under the terms of this Agreement. Notwithstanding any such termination, the provisions of Paragraphs 7 and 8 will continue to apply.
Illness or Incapacity. (a) If Employee becomes unable to devote the required time to the business of Employer during the term of this Agreement because of illness, incapacity, or disability, then during the period commencing with the date of such illness, incapacity, or disability and ending ninety (90) days thereafter, Employee shall continue to receive Employee's annual salary with respect to such period, in accordance with Section 3(a)
Illness or Incapacity. If Executive is incapacitated by reason of physical or mental illness or incapacity that results in a material inability to perform his duties under this Agreement, and if such incapacitation continues for a period of ninety 90 consecutive days, then upon 30 days written notice to Executive, or designated legal representative, the Company may terminate the employment of Executive under this Agreement, and upon such termination, Company will pay Executive the following:
(1) His Base Salary to the date of termination
(2) An amount equal to his prior year’s Annual Bonus on a pro-rata basis to the date of termination, subject to limitations and terms of Paragraph 4(B).
(3) Reimbursement of all expenses reasonably incurred by Executive in performing his responsibilities and duties for the Company prior to the date of termination
(4) Applicable insurance and other group benefits proceeds
(5) Value of any salary continuation received whether in lump sum or periodically under any Company Long Term Disability Plan or any other applicable insurance or other group benefits provided by the Company.
Illness or Incapacity. If, during any term of this Agreement, Consultant shall become unable to perform his duties by reason of illness or incapacity, then Company, may, at its option, terminate this Agreement. In such event, the notice period shall be not less than the applicable elimination period in any employee disability plan of the Company in which Consultant participates. It is agreed that the determination of illness or incapacity shall be made upon the basis of qualified medical evidence and if, during the notice period, Consultant returns to work and is capable of carrying out his duties, then Company's right to terminate for illness or incapacity is suspended.
Illness or Incapacity. In the event of any disability, illness or other incapacity (any one or more of the foregoing, a "Disability") that prevents Executive from performing services as contemplated by Sections 2 and 4, the obligation of the Company to pay compensation to Executive pursuant to Section 5 shall be reduced to the extent of any amount received by Executive pursuant to any disability insurance policy maintained and paid for by the Company. If as a result of a Disability Executive can not perform the services contemplated by Sections 2 and 4 of this Agreement for 120 or more consecutive days or for 180 days in any consecutive 12-month period, the Company shall have the right to terminate this Agreement upon 10 days' prior written notice to Executive with no further liability under this Agreement, except under Sections 10, 11 and 12 hereof, the terms of which shall survive such termination, and except for accrued and unpaid Salary and other previously earned, accrued and unpaid benefits from the Company and under its employee benefit plans, including any vested stock options and Bonus to which Executive may be entitled, in each case through the date of such termination; provided, however, that such termination shall not prejudice any rights of Executive under disability policies being maintained by the Company for Executive under the terms of this Agreement, if any; and provided, further, that during the period of Disability, no Bonus may be earned or accrued. Upon termination under this Section 8, any Bonus to which Executive would be entitled (subject to the exclusion contained in the second proviso of the next preceding sentence) shall be determined and paid in accordance with the procedure set forth in the penultimate paragraph of Section 7.
