ILLNESS OR OTHER INCAPACITY Clause Samples

ILLNESS OR OTHER INCAPACITY. If during the term of this Agreement, Employee shall fail to perform his duties hereunder as a result of illness or other incapacity and such illness or incapacity shall continue for a period of more than three (3) months, Corporation shall have the right to terminate this Agreement and the employment hereunder as of date to be specified in a notice of termination, such date to be not less than thirty (30) days after the mailing by certified mail of such notice. If Employee's illness or incapacity shall have ended, and the Employee shall have assumed his duties hereunder, prior to the date specified in the notice of termination, he shall be entitled to resume his employment hereunder as if such notice had not been given. If such termination occurs, Employee shall continue to be bound by the covenants contained in Section 5 hereof, but in all other regards, this Agreement shall terminate as of such termination date, and Corporation shall pay to Employee or his legal representative (i) compensation provided for in Section 3.1 of this Agreement for the remaining term of this Agreement, but in no event less than one year, if the Corporation has not provided disability insurance pursuant to Section 3.5 (ii) a pro rata share of incentive compensation under Section 3.8 based on the number of days in the year that elapsed prior to such termination and as if all performance goals had been met, and (iii) such other benefits, if any, as may be determined by Corporation.