Incapacity of the Executive Sample Clauses

Incapacity of the Executive. If the Executive shall have an Incapacity, the CEO or the Board may, by giving the Executive written notice, terminate the Executive's employment under this Agreement. A termination of the Executive's employment under this Section 5(a) shall be effective as of the date provided in such notice. In the event of termination under this Section 5(a), the Executive shall be entitled to his Accrued Benefits as of the date of termination and no other payments or benefits. The Executive shall not be eligible for a pro-rated bonus, and there shall be no acceleration of vesting of stock options.
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Incapacity of the Executive. If the Executive suffers from a physical or mental condition which in the reasonable judgment of the Board prevents the Executive in whole or in part from performing the duties specified herein for a period of three (3) consecutive months, the Executive may be terminated. Although the termination may be deemed as a termination for Cause, the Executive will be entitled to receive within thirty (30) days of the Termination Date (a) a payment of twenty-six (26) weeks of Base Salary in a lump sum; and (b) payment of any vacation pay accrued but unused through the Termination Date. Notwithstanding the foregoing, the amount payable under clause (a) above will be reduced by any benefits payable under any disability plans provided by the Company. The right to the foregoing compensation due under clause (a) above is subject to the execution by the Executive or the Executive’s legal representative, on or before thirty (30) days following the Termination Date, of the Company’s severance agreement which will operate as a release of all legally waivable claims against the Company and its Affiliates, and their respective partners, officers, directors, employees, agents and representatives, and the Executive’s compliance with all of the provisions of this Agreement, including all post-employment obligations. In applying this paragraph, the Company will comply with any applicable legal requirements, including the Americans with Disabilities Act.
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Incapacity of the Executive. If the Executive shall have an Incapacity, the CEO or the Board may, by giving the Executive written notice, terminate the Executive’s employment under this Agreement. A termination of the Executive’s employment under this Section 5(a) shall be effective as of the date provided in such notice. In the event of termination under this Section 5(a), the Executive shall be entitled to his Accrued Benefits as of the date of termination and severance pay, in equal installments as set forth in Section 4(a), in an amount equal to the Base Salary that would be payable to Executive over the period commencing on the date of termination provided in such notice and ending at the expiration of [six (6)] months following the date of termination provided in such notice, assuming the Base Salary is the amount of Executive’s Base Salary at the time of termination; provided, however, that such payments shall be reduced by the aggregate amount of any payments Executive will be entitled to receive over the period from the date of the termination of his employment hereunder through the end of the Employment Period under any disability insurance policy provided to Executive by the Company, and thereafter no other payments or benefits shall be owed by the Company to the Executive. The Executive shall not be eligible for a pro-rated bonus, and there shall be no acceleration of vesting of stock options, [but, if such termination occurs between the end of a fiscal year and the payment date of any bonus due pursuant to Section 4(b) hereof, the Executive shall be paid such bonus as would otherwise be due within 90 days after the end of such fiscal year.]
Sample 1
Incapacity of the Executive. If the Executive shall, at any time, be incapacitated or prevented by physical or mental disability, whether resulting from accident, illness or otherwise, or any other circumstances beyond his control from performing his duties under this Agreement satisfactorily for a consecutive period of at least sixty (60) days, the Company may, by written notice to the Executive given at any time after such 60-day period and so long as the incapacity shall continue, discontinue payment in whole or in part of the compensation provided for herein from such date as may be specified in the notice until the incapacity of the Executive shall cease. Alternatively, the Company may terminate the Executive's employment as provided in Section 11 (Termination) hereof. Otherwise, the said payment shall, notwithstanding the incapacity of the Executive, continue to be paid to the Executive in accordance with the foregoing provisions; provided, that if the Executive shall receive any amount during the time of such incapacity by reason of any disability insurance or any other insurance plan, senior executive loss or income policy, disability policy or any other plan or scheme of a like nature funded by the Company or the Parent Group, the payment above provided may be reduced by a like amount.
Sample 1
Incapacity of the Executive. 7.1. If the Executive is absent from work for any reason he must notify the Company Secretary of the reason for his absence as soon as possible on the first day of absence. 7.2. In all cases of absence, a self-certification form, which is available from the Company Secretary, must be completed on the Executive's return to work. For any period of incapacity due to sickness or injury which lasts for seven consecutive days or more a doctor's certificate stating the reason for absence must be obtained and supplied to the Company Secretary. Further certificates must be obtained if the absence continues for longer than the period of the original certificate. 7.3. If the Executive is absent from work for more than three days by reason of sickness or injury and satisfies the relevant requirements, he will be entitled to statutory sick pay. The qualifying days for Statutory Sick Pay purposes are Monday to Friday. 7.4. The Executive agrees to consent to medical examinations (at DBL's expense) by a doctor nominated by DBL should DBL so require. The Executive agrees that any report produced in connection with any such examination may be disclosed to DBL and DBL may discuss the contents of the report with the relevant doctor. 7.5. If the Executive is unable for health reasons to perform his duties for DBL for a continuous period of more than ninety (90) days, DBL shall have the right to terminate this Agreement on written notice to Executive, such notice to be provided on or after the expiration of the ninety (90) day period. In such event, the Executive shall be paid all compensation due under this Agreement until the date of termination provided in the notice.
Sample 1

Related to Incapacity of the Executive

  • Death of the Executive In the event of the Executive’s death before all payments or benefits the Executive is entitled to receive under this Agreement have been provided, the unpaid amounts will be provided to the Executive’s designated beneficiary, if living, or otherwise to the Executive’s personal representative in a single lump sum as soon as possible following the Executive’s death.

  • Duties of the Executive (a) Subject to the ultimate control and discretion of the Boards, the Executive shall serve in the Position and perform all duties and services commensurate with the Position. Throughout the Term of this Agreement as the same may be extended from time to time, the Executive shall perform all duties reasonably assigned or delegated to the Executive under the By-laws of the Employers or from time to time by the Boards consistent with the Position. Except for travel normally incidental and reasonably necessary to the business of the Employers and the duties of the Executive under this Agreement, the duties of the Executive shall be performed from an office location not greater than 35 miles from Marietta, Pennsylvania. (b) The Executive shall devote substantially all of the Executive’s business time and attention to the performance of the Executive’s duties under this Agreement and, during the term of the Executive’s employment under this Agreement, the Executive shall not engage in any other business enterprise that requires any significant amount of the Executive’s personal time or attention, unless granted the prior permission of the respective Boards. The foregoing provision shall not prevent the Executive’s purchase, ownership or sale of any interest in, or the Executive’s engaging in, any business that does not compete with the business of the Employers or the Executive’s involvement in charitable or community activities, provided, that the time and attention that the Executive devotes to such business and charitable or community activities does not materially interfere with the performance of the Executive’s duties under this Agreement and that a material portion of the time the Executive devotes to charitable or community activities are devoted to charitable or community activities within the Employers’ market area and further provided that such conduct complies in all material respects with applicable policies of the Employers. (c) The Employers shall accrue earned but unused vacation in accordance with the Employers’ vacation policy.

  • Termination by the Executive The Executive may terminate employment hereunder at any time for any reason, including but not limited to, Good Reason. For purposes of this Agreement, “Good Reason” shall mean that the Executive has completed all steps of the Good Reason Process (hereinafter defined) following the occurrence of any of the following events without the Executive’s consent (each, a “Good Reason Condition”):

  • AGREEMENTS OF THE EXECUTIVE In consideration of the compensation and benefits to be paid or provided to the Executive by the Employer under this Agreement, the Executive covenants as follows:

  • Compensation of the Executive 3 4. Termination.........................................................................

  • Successor to the Executive This Agreement shall inure to the benefit of and be enforceable by the Executive’s personal representatives, executors, administrators, heirs, distributees, devisees and legatees. In the event of the Executive’s death after his termination of employment but prior to the completion by the Company of all payments due him under this Agreement, the Company shall continue such payments to the Executive’s beneficiary designated in writing to the Company prior to his death (or to his estate, if the Executive fails to make such designation).

  • By the Executive The Executive may terminate the Employment at any time with a three-month prior written notice to the Company or by payment of three months’ salary in lieu of notice. In addition, the Executive may resign prior to the expiration of the Agreement if such resignation or an alternative arrangement with respect to the Employment is approved by the Board.

  • Disability of Executive The Company may terminate this Agreement without liability if Executive shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than one hundred twenty 120 consecutive days. Upon such termination, Executive shall be entitled to all accrued but unpaid Base Salary and vacation.

  • Termination Upon Death or Permanent Disability This Agreement shall be automatically terminated on the death of Executive or on the permanent disability of Executive if Executive is no longer able to perform in all material respects the usual and customary duties of Executive’s employment hereunder. For purposes hereof, any condition which in reasonable likelihood is expected to impair Executive’s ability to materially perform Executive’s duties hereunder for a period of three months or more shall be considered to be permanent.

  • Death of the Employee The TERM automatically terminates upon the death of the EMPLOYEE. In the event of such death, the EMPLOYEE's estate shall be entitled to receive the compensation due the EMPLOYEE through the last day of the calendar month in which the death occurred, except as otherwise specified herein.

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