Common use of Incapacity; Death Clause in Contracts

Incapacity; Death. 4.1 If, during the Employment Term hereunder, because of illness or other incapacity (other than death), the Executive shall fail for a period of three (3) consecutive months ("Incapacity"), to render the services contemplated hereunder, then the Corporation, at its option, may terminate the Employment Term hereunder by notice to the Executive, effective on the giving of such notice; provided, however, that the Executive shall be entitled to continue to receive 100% of his then annual salary hereunder for a period of one year from the Termination Date and payable in equal monthly installments commencing on the 30th day of the month following the Termination Date. 4.2 In the event of the death of the Executive during the Employment Term, the Employment Term hereunder shall terminate on the date of death of the Executive; provided, however, that the Executive's estate shall be entitled to any benefits accrued under the Corporation's death, disability or other benefit plan and shall be entitled to receive a lump sum payment equal to his annual salary and payable within 90 days of the Termination Date.