Common use of Illness or Incapacity Termination on Death Etc Clause in Contracts

Illness or Incapacity Termination on Death Etc. (a) If the Employee dies during the Employment Period or any Renewal Period, the Employer shall pay to the estate of the Employee such compensation as would otherwise have been payable to the Employee up to the end of the calendar month in which the death occurs. Other than the obligations set forth in this Section 6(a), the Employer shall have no additional financial obligation under this Agreement to the Employee or his estate. (i) For any period of physical or mental disability, illness, or incapacity during the Employment Period and any Renewal Period, which renders the Employee at least temporarily unable to perform (despite reasonable accommodation) the essential elements of his job for a period of less than 30 consecutive days or 59 days in any continuous 1 year period, the Employee shall continue to receive the Base Salary, less any benefits received under any disability insurance carried by or provided by the Employer. Upon the Employee’s permanent disability (as defined below), the Employer may terminate the employment of the Employee, and the Employer shall pay to the Employee such compensation as would otherwise have been payable to the Employee up to the end of the calendar month in which his employment is terminated. All other rights of the Employee under this Agreement shall terminate although the Employee shall continue to receive any disability benefits to which he may be entitled under any disability income insurance which may be carried by or provided by the Employer from time to time. The Employer is not obligated to carry disability insurance for its employees. (ii) The term “permanent disability” as used in this Agreement shall mean the inability of the Employee, as reasonably determined by the Employer or Tellurian in accordance with applicable law, by reason of physical or mental disability, injury, illness, or incapacity to perform (despite reasonable accommodation) the essential elements of his job for a period of 30 consecutive days or 60 days in any continuous 1 year period. If any determination of the Employer with respect to permanent disability is disputed by the Employee, the parties hereto agree to abide by the decision of a panel of three physicians. The Employee and the Employer shall each appoint one member, and the third member of the panel shall be appointed jointly by the Employee- and Employer-appointed panel members. The Employee agrees to make himself available for and submit to examinations by such qualified physicians as may be directed by the Employer as to whom the Employee raises, in good faith, no reasonable objection. Failure to submit to any such examination shall constitute a breach of a material part of this Agreement.

Illness or Incapacity Termination on Death Etc. (a) If the Employee dies during the Employment Period or any Renewal Periodterm of his employment, the Employer shall pay to the estate of the Employee such compensation, including any bonus compensation earned but not yet paid, as would otherwise have been payable to the Employee up to the end of the calendar month in which the his death occursoccurs plus one (1) year’s additional basic salary compensation. Other than the obligations set forth in this Section 6(a), the The Employer shall have no additional financial obligation under this Agreement to the Employee or his estate. After receiving the payments provided in this subparagraph (a), the Employee and his estate shall have no further rights under this Agreement. (i) For During any period of physical or mental disability, illness, illness or incapacity during the Employment Period and any Renewal Period, term of this Agreement which renders the Employee at least temporarily unable to perform (despite reasonable accommodation) the essential elements of his job services required under this Agreement for a period of less than 30 consecutive days which shall not equal or 59 exceed one hundred and eighty (180) continuous days, or one hundred and eighty (180) continuous days in any continuous 1 one (1) year period, the Employee shall continue to receive the Base Salarycompensation payable under Section 3(a) of this Agreement plus any bonus compensation earned but not yet paid, less any benefits received by him under any disability insurance carried by or provided by the Employer. Upon All rights of the Employee under this Agreement (other than rights already accrued) shall terminate as provided below upon the Employee’s permanent disability (as defined below), the Employer may terminate the employment of the Employee, and the Employer shall pay to the Employee such compensation as would otherwise have been payable to the Employee up to the end of the calendar month in which his employment is terminated. All other rights of the Employee under this Agreement shall terminate although the Employee shall continue to receive any disability benefits to which he may be entitled under any disability income insurance which may be carried by or provided by the Employer from time to time. The Employer is not obligated to carry disability insurance for its employees. (iii) The term “permanent disability” as used in this Agreement shall mean the inability of the Employee, as reasonably determined by the Employer or Tellurian in accordance with applicable lawBoard of Directors of the Employer, by reason of physical or mental disability, injury, illness, or incapacity disability to perform (despite reasonable accommodation) the essential elements duties required of his job him under this Agreement for a period of 30 consecutive days or 60 one hundred and eighty (180) days in any continuous 1 one-year period. Successive periods of disability, illness or incapacity will be considered separate periods unless the later period of disability, illness or incapacity is due to the same or related cause and commences less than six months from the ending of the previous period of disability. Upon such determination, the Board of Directors may terminate the Employee’s employment under this Agreement upon ten (10) days’ prior written notice. If any determination of the Employer Board of Directors with respect to permanent disability is disputed by the Employee, the parties hereto agree to abide by the decision of a panel of three physicians. The Employee and the Employer shall each appoint one member, and the third member of the panel shall be appointed jointly by the Employee- and Employer-appointed panel other two members. The Employee agrees to make himself available for and submit to examinations by such qualified physicians as may be directed by the Employer as to whom the Employee raises, in good faith, no reasonable objectionEmployer. Failure to submit to any such examination shall constitute a breach of a material part of this Agreement.

Illness or Incapacity Termination on Death Etc. (a) If the Employee dies during the Employment Period or any Renewal Periodterm of his employment, the Employer shall pay to the estate of the Employee such compensation, including any bonus compensation earned but not yet paid, as would otherwise have been payable to the Employee up to the end of the calendar month in which the his death occursoccurs plus six (6) month's additional compensation. Other than the obligations set forth in this Section 6(a), the The Employer shall have no additional financial obligation under this Agreement to the Employee or his estate. After receiving the payments provided in this subparagraph (a), the Employee and his estate shall have no further rights under this Agreement. (i) For During any period of physical or mental disability, illness, illness or incapacity during the Employment Period and any Renewal Period, term of this Agreement which renders the Employee at least temporarily unable to perform (despite reasonable accommodation) the essential elements of his job services required under this Agreement for a period of less than 30 consecutive days which shall not equal or 59 exceed one hundred and eighty (180) continuous days, or one hundred and eighty (180) continuous days in any continuous 1 one (1) year period, the Employee shall continue to receive the Base Salarycompensation payable under Section 3(a) of this Agreement plus any bonus compensation earned but not yet paid, less any benefits received by him under any disability insurance carried by or provided by the Employer. Upon All rights of the Employee under this Agreement (other than rights already accrued) shall terminate as provided below upon the Employee’s 's permanent disability (as defined below), the Employer may terminate the employment of the Employee, and the Employer shall pay to the Employee such compensation as would otherwise have been payable to the Employee up to the end of the calendar month in which his employment is terminated. All other rights of the Employee under this Agreement shall terminate although the Employee shall continue to receive any disability benefits to which he may be entitled under any disability income insurance which may be carried by or provided by the Employer from time to time. The Employer is not obligated to carry disability insurance for its employees. (ii) The term “"permanent disability” " as used in this Agreement shall mean the inability of the Employee, as reasonably determined by the Employer or Tellurian in accordance with applicable lawBoard of Directors of the Employer, by reason of physical or mental disability, injury, illness, or incapacity disability to perform (despite reasonable accommodation) the essential elements duties required of his job him under this Agreement for a period of 30 consecutive days or 60 one hundred and eighty (180) days in any continuous 1 one-year period. Successive periods of disability, illness or incapacity will be considered separate periods unless the later period of disability, illness or incapacity is due to the same or related cause and commences less than six months from the ending of the previous period of disability. Upon such determination, the Board of Directors may terminate the Employee's employment under this Agreement upon ten (10) days' prior written notice. If any determination of the Employer Board of Directors with respect to permanent disability is disputed by the Employee, the parties hereto agree to abide by the decision of a panel of three physicians. The Employee and the Employer shall each appoint one member, and the third member of the panel shall be appointed jointly by the Employee- and Employer-appointed panel other two members. The Employee agrees to make himself available for and submit to examinations by such qualified physicians as may be directed by the Employer as to whom the Employee raises, in good faith, no reasonable objectionEmployer. Failure to submit to any such examination shall constitute a breach of a material part of this Agreement.

Illness or Incapacity Termination on Death Etc. (a) If the Employee dies during the Employment Period or any Renewal Period, the Employer shall pay to the estate of the Employee such compensation as would otherwise have been payable to the Employee up to the end of the calendar month in which the death occurs. Other than the obligations set forth in this Section 6(a), the Employer shall have no additional financial obligation under this Agreement to the Employee or his estate. (i) For any period of physical or mental disability, illness, or incapacity during the Employment Period and any Renewal Period, which renders the Employee at least temporarily unable to perform (despite reasonable accommodation) the essential elements of his job for a period of less than 30 consecutive days or 59 days in any continuous 1 year period, the Employee shall continue to receive the Base Salary, less any benefits received under any disability insurance carried by or provided by the Employer. Upon the Employee’s permanent disability (as defined below), the Employer may terminate the employment of the Employee, and the Employer shall pay to the Employee such compensation as would otherwise have been payable to the Employee up to the end of the calendar month in which his employment is terminated. All other rights of the Employee under this Agreement shall terminate although the Employee shall continue to receive any disability benefits to which he may be entitled under any disability income insurance which may be carried by or provided by the Employer from time to time. The Employer is not obligated to carry disability insurance for its employees. (ii) The term “permanent disability” as used in this Agreement shall mean the inability of the Employee, as reasonably determined by the Employer or Tellurian in accordance with applicable law, by reason of physical or mental disability, injury, illness, or incapacity to perform (despite reasonable accommodation) the essential elements of his job for a period of 30 consecutive days or 60 days in any continuous 1 year 1year period. If any determination of the Employer with respect to permanent disability is disputed by the Employee, the parties hereto agree to abide by the decision of a panel of three physicians. The Employee and the Employer shall each appoint one member, and the third member of the panel shall be appointed jointly by the Employee- and Employer-appointed panel members. The Employee agrees to make himself available for and submit to examinations by such qualified physicians as may be directed by the Employer as to whom the Employee raises, in good faith, no reasonable objection. Failure to submit to any such examination shall constitute a breach of a material part of this Agreement.

Illness or Incapacity Termination on Death Etc. (a) If the Employee dies during the Employment Period or any Renewal PeriodTerm, the Employer shall pay to the estate of the Employee such compensation, including any bonus compensation earned but not yet paid, as would otherwise have been payable to the Employee up to the end of the calendar month in which his death occurs plus six (6) month's additional compensation. If the Employee dies during the Consulting Term, the Employer shall pay to the estate of the Employee such compensation earned but not yet paid, as would otherwise have been payable to the Employee up to the end of the month in which his death occurs. Other than the obligations set forth in this Section 6(a), the The Employer shall have no additional financial obligation under this Agreement to the Employee or his estate. After receiving the payments provided in this subparagraph (a), the Employee and his estate shall have no further rights under this Agreement. (i) For During any period of physical or mental disability, illness, illness or incapacity during the Employment Period and any Renewal Period, Term which renders the Employee at least temporarily unable to perform (despite reasonable accommodation) the essential elements of his job services required under this Agreement for a period of less than 30 consecutive days which shall not equal or 59 exceed one hundred and eighty (180) continuous days, or one hundred and eighty (180) continuous days in any continuous 1 one (1) year period, the Employee shall continue to receive the Base Salarycompensation payable under Section 3(a)(i) of this Agreement plus any bonus compensation earned but not yet paid, less any benefits received by him under any disability insurance carried by or provided by the Employer. Upon All rights of the Employee under this Agreement (other than rights already accrued) shall terminate as provided below upon the Employee’s 's permanent disability (as defined below), the Employer may terminate the employment of the Employee, and the Employer shall pay to the Employee such compensation as would otherwise have been payable to the Employee up to the end of the calendar month in which his employment is terminated. All other rights of the Employee under this Agreement shall terminate although the Employee shall continue to receive any disability benefits to which he may be entitled under any disability income insurance which may be carried by or provided by the Employer from time to time. The Employer is not obligated to carry disability insurance for its employees. (ii) The term “permanent disability” as used in this Agreement shall mean the inability of the Employee, as reasonably determined by the Employer or Tellurian in accordance with applicable law, by reason of physical or mental disability, injury, illness, or incapacity to perform (despite reasonable accommodation) the essential elements of his job for a period of 30 consecutive days or 60 days in any continuous 1 year period. If any determination of the Employer with respect to permanent disability is disputed by the Employee, the parties hereto agree to abide by the decision of a panel of three physicians. The Employee and the Employer shall each appoint one member, and the third member of the panel shall be appointed jointly by the Employee- and Employer-appointed panel members. The Employee agrees to make himself available for and submit to examinations by such qualified physicians as may be directed by the Employer as to whom the Employee raises, in good faith, no reasonable objection. Failure to submit to any such examination shall constitute a breach of a material part of this Agreement.

Illness or Incapacity Termination on Death Etc. (a) If the Employee dies during the Employment Period or any Renewal Periodterm of her employment, the Employer shall pay to the estate of the Employee such compensation, including any bonus compensation earned but not yet paid, as would otherwise have been payable to the Employee up to the end of the calendar month in which the her death occursoccurs plus six (6) month's additional compensation. Other than the obligations set forth in this Section 6(a), the The Employer shall have no additional financial obligation under this Agreement to the Employee or his her estate. After receiving the payments provided in this subparagraph (a), the Employee and her estate shall have no further rights under this Agreement. (i) For During any period of physical or mental disability, illness, illness or incapacity during the Employment Period and any Renewal Period, term of this Agreement which renders the Employee at least temporarily unable to perform (despite reasonable accommodation) the essential elements of his job services required under this Agreement for a period of less than 30 consecutive days which shall not equal or 59 exceed one hundred and eighty (180) continuous days, or one hundred and eighty (180) continuous days in any continuous 1 one (1) year period, the Employee shall continue to receive the Base Salarycompensation payable under Section 3(a) of this Agreement plus any bonus compensation earned but not yet paid, less any benefits received by her under any disability insurance carried by or provided by the Employer. Upon All rights of the Employee under this Agreement (other than rights already accrued) shall terminate as provided below upon the Employee’s 's permanent disability (as defined below), the Employer may terminate the employment of the Employee, and the Employer shall pay to the Employee such compensation as would otherwise have been payable to the Employee up to the end of the calendar month in which his employment is terminated. All other rights of the Employee under this Agreement shall terminate although the Employee shall continue to receive any disability benefits to which he she may be entitled under any disability income insurance which may be carried by or provided by the Employer from time to time. The Employer is not obligated to carry disability insurance for its employees. (ii) The term “"permanent disability” " as used in this Agreement shall mean the inability of the Employee, as reasonably determined by the Employer or Tellurian in accordance with applicable lawBoard of Directors of the Employer, by reason of physical or mental disability, injury, illness, or incapacity disability to perform (despite reasonable accommodation) the essential elements duties required of his job her under this Agreement for a period of 30 consecutive days or 60 one hundred and eighty (180) days in any continuous 1 one-year period. Successive periods of disability, illness or incapacity will be considered separate periods unless the later period of disability, illness or incapacity is due to the same or related cause and commences less than six months from the ending of the previous period of disability. Upon such determination, the Board of Directors may terminate the Employee's employment under this Agreement upon ten (10) days' prior written notice. If any determination of the Employer Board of Directors with respect to permanent disability is disputed by the Employee, the parties hereto agree to abide by the decision of a panel of three physicians. The Employee and the Employer shall each appoint one member, and the third member of the panel shall be appointed jointly by the Employee- and Employer-appointed panel other two members. The Employee agrees to make himself herself available for and submit to examinations by such qualified physicians as may be directed by the Employer as to whom the Employee raises, in good faith, no reasonable objectionEmployer. Failure to submit to any such examination shall constitute a breach of a material part of this Agreement.