Inability to Perform Duties. If, during the Term of Employment, Executive should become physically or mentally disabled, such that he is unable to perform his duties under Sections I (A) and (C) hereof for (i) a period of six (6) consecutive months or (ii) for shorter periods that add up to six (6) months in any eight (8)-month period, by written notice to the Executive, Company may terminate this Agreement. Notwithstanding the foregoing, Executive’s employment shall terminate upon Executive incurring a “separation from service” under the medical leave rules of Section 409A. In that case, no further amounts or benefits shall be payable to Executive, except that Executive shall receive the Accrued Benefits, a prorated portion of Executive’s then-current annual bonus target for that calendar year based on the amount of time Executive was employed during the calendar year (and subject to achievement of any applicable performance metric), and, until (i) he is no longer disabled or (ii) he becomes 65 years old -- whichever happens first – Executive may be entitled to receive continued coverage under the relevant medical or disability plans to the extent permitted by such plans and to the extent such benefits continue to be provided to the Company executives at Executive’s level in the Company generally, provided that in the case of any continued coverage under one or more of Company’s medical plans, if Company determines that the provision of continued medical coverage at Company’s sole or partial expense may result in Federal taxation of the benefit provided thereunder to Executive or his dependents because such benefits are provided by a self-insured basis by Company, then Executive shall be obligated to pay the full monthly or similar premium for such coverage under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”). In such event, Company shall pay Executive, in a lump sum, within 30 days following the Company’s determination that the benefits may be taxable, an amount equivalent to the monthly premium for COBRA coverage for the remaining balance of the Term of Employment (based on the COBRA rates then in effect). Executive’s then-outstanding equity awards under the Stock Plan shall be treated in accordance with the applicable plan documents and implementing award agreements.
Inability to Perform Duties. If, during the Term of Employment, Executive should become physically or mentally disabled, such that he is unable to perform his duties under Sections I (A) and (C) hereof for (i) a period of six (6) consecutive months or (ii) for shorter periods that add up to six (6) months in any eight (8)-month period, by written notice to the Executive, Company may terminate this Agreement. Notwithstanding the foregoing, Executive’s employment shall terminate upon Executive incurring a “separation from service” under the medical leave rules of Section 409A. In that case, no further amounts or benefits shall be payable to Executive, except that until (i) he is no longer disabled or (ii) he becomes 65 years old — whichever happens first — Executive may be entitled to receive continued coverage under the relevant medical or disability plans to the extent permitted by such plans and to the extent such benefits continue to be provided to the Company executives at Executive’s level in the Company generally, provided that in the case of any continued coverage under one or more of Company’s medical plans, if Company determines in good faith that the provision of continued medical coverage at Company’s sole or partial expense may result in Federal taxation of the benefit provided thereunder to Executive or his dependents because such benefits are provided by a self-insured basis by Company, then Executive shall be obligated to pay the full monthly COBRA or similar premium for such coverage. In such event, the Company shall pay Executive, in a lump sum, an amount equivalent to the monthly premium for COBRA coverage for the remaining balance of the Term of Employment.
Inability to Perform Duties. (a) On receipt of medical advice of a voluntary permanent reduction in the classification of an Employee for health reasons or of a voluntary temporary reduction in the classification of an Employee during pregnancy, the Employee shall be paid at the rate of the lower classification, provided no other appropriate work can be found at the Employee's usual classification. The Association shall be advised before any proposed changes are made.
(b) Upon receipt of medical advice that the Employee is capable of returning to their former duties, the Employee shall return to their former duties no later than one week of their submitting such medical advice to the Director of Library Services.
(c) Voluntary permanent reduction in classification for non-medical reasons may be considered, but each case will be judged on its own merits. Where such a reduction is approved by the Director of Library Services, the Employee shall be governed by Sub-section 9.15(a) above. Only when a vacancy exists will an Employee be allowed to apply for a move back to their previous positions level.
Inability to Perform Duties. If Executive is unable to perform his duties hereunder by reason of illness or incapacity of any kind for a period of more than six (6)months, his salary payments may be reduced or terminated by EE at its absolute discretion. Executive's full salary shall be reinstated by upon his return to full-time employment and the full discharge of his duties hereunder. This Article shall in no way limit the rights of EE under Article 5 hereof.
Inability to Perform Duties. If an accommodation that is mutually agreeable to the employee or the employee’s representative and the Employer cannot be found, the employee or employee’s representative and the Employer may mutually agree to temporarily replace the employee for a specified time. If mutual agreement on job accommodation or temporary replacement of the employee cannot be reached, the Employer may terminate the employee for inability to efficiently or safely perform the duties of his/her position. Such termination shall be for just cause and subject to the grievance and arbitration provisions of Article 24.
Inability to Perform Duties. If:
(i) the Lender has a reasonable good faith belief that Borrower or Guarantor is unable or will soon be unable to perform its duties under the Loan Documents; or (ii) the Lender has a reasonable, good faith belief that it is insecure as it relates to the market value of the Property and the market value exceeds that permitted by Section 3(q) hereof; or
Inability to Perform Duties. If, during the Term of Employment, Executive should become physically or mentally disabled, such that he is unable to perform his duties under Sections I (A) and (C) hereof for (i) a period of six (6) consecutive months or (ii) for shorter periods that add up to six (6) months in any eight (8)-month period, by written notice to the Executive, DCL may terminate this Agreement. Notwithstanding the foregoing, Executive’s employment shall terminate upon Executive incurring a “separation from service” under the medical leave rules of Section 409A. In that case, no further amounts or benefits shall be payable to Executive other than those set forth in Section 7.3 (b) of the Plan, except that until (i) he is no longer disabled or (ii) he becomes 65 years old —whichever happens first — Executive may be entitled to receive continued coverage under the relevant medical or disability plans to the extent permitted by such plans and to the extent such benefits continue to be provided to DCL executives at Executive’s level at DCL generally, provided that in the case of any continued coverage under one or more of DCL’s medical plans, if DCL determines that the provision of continued medical coverage at DCL’s sole or partial expense may result in Federal taxability of the benefits provided thereunder to Executive or his dependents because such benefits are provided on a self-insured basis by DCL, then Executive shall be obligated to pay the full monthly COBRA or similar premium for such coverage.
Inability to Perform Duties. If, during the Term of Employment, Executive should become physically or mentally disabled, such that he is unable to perform his duties under Sections I (A) and (C) hereof for (i) a period of six (6) consecutive months or (ii) for shorter periods that add up to six (6) months in any eight (8)-month period, by written notice to the Executive, Company may terminate this Agreement. Notwithstanding the foregoing, Executive’s employment shall terminate upon Executive incurring a “separation from service” under the medical leave rules of Section 409A. In that case, no further amounts or benefits shall be payable to Executive, except that until (i) he is no longer disabled or (ii) he becomes 65 years old -- whichever happens first – Executive may be entitled to receive continued coverage under the relevant medical or disability plans to the extent permitted by such plans and to the extent such benefits continue to be provided to the Company executives at Executive’s level in the Company generally, provided that in the case of any continued coverage under one or more of Company’s medical plans, if Company determines that the provision of continued medical coverage at Company’s sole or partial expense may result in Federal taxation of the benefit provided thereunder to Executive or his dependents, or in other penalties applied to the Company, then Executive shall be obligated to pay the full monthly COBRA or similar premium for such coverage.
Inability to Perform Duties. If XXXXXXX is unable to perform his duties hereunder by reason of illness or incapacity of any kind for a period of more than six months, his salary payments may be reduced or terminated by the Corporation at its absolute discretion. XXXXXXX'x full salary shall be reinstated upon his return to full-time employment and the full discharge of his duties hereunder. This section shall in no way limit the rights of the Corporation under Article IV hereof.
Inability to Perform Duties. 6.1 In case the Managing Director is unable to perform his duties under this Service Contract, he will inform the Company immediately about it, its assumed duration and its reason. In case the inability to work is due to health reasons, the Managing Director will provide the Company with a medical certificate after three calendar days following the beginning of the illness at the latest, indicating the inability to work and its assumed duration.
6.2 In case his inability to perform his duties results from reasons of illness not caused by him, the Managing Director shall continue to receive his base salary for the time of such inability, but not for longer than six months. The Company’s obligation to continue to pay the Managing Director’s base salary in accordance with this Sec. 6.2 shall be reduced by the amount of any sick payments or disability payments the Managing Director is paid during such time, whether out of statutory schemes, pension funds or otherwise. In case of death of the Managing Director not caused by him, his widow will receive the base salary for the month in which the death occurred as well as for the following three months. In case there is no wife, the base salary shall be due jointly to all children who at the date of the death have not yet retained their 25th birthday. Should such children not exist, the base salary payment shall cease with the date of death of the Managing Director.
