Common use of Incapacity or Death Clause in Contracts

Incapacity or Death. (i) If Executive becomes unable, due to physical or mental illness or injury, to perform the essential duties of his/her position for more than twelve (12) consecutive weeks in any twelve (12) month period during this Agreement with or without reasonable accommodation (“Incapacity”), the Company has the right to terminate Executive’s employment on fifteen (15) days’ written notice. Further, Executive’s employment pursuant to this Agreement shall be immediately terminated without notice by the Company upon the death of Executive.

Incapacity or Death. (i) If Executive becomes unable, due to physical or mental illness or injury, to perform the essential duties of his/her position for more than twelve (12) 12 consecutive weeks in any twelve (12) month period during this Agreement with or without reasonable accommodation (“Incapacity”), the Company has the right to terminate Executive’s employment on fifteen (15) days’ written notice. FurtherIn the event of termination for Incapacity, Executive’s employment pursuant Executive will be entitled to this Agreement receive the Accrued Benefits, and the unvested stock options and RSUs previously granted to Executive that would have vested within six (6) months after the date of termination for Incapacity shall be become immediately terminated without notice by the Company upon the death of Executivevested; and.

Incapacity or Death. (i) If Executive becomes unable, due to physical or mental illness or injury, to perform the essential duties of his/her position for more than twelve (12) consecutive weeks in any twelve (12) month period during this Agreement with or without reasonable accommodation (“Incapacity”), the Company has the right to terminate Executive’s employment on fifteen (15) days’ written notice. Further, Executive Employment Agmt Std 11.10.20 Accuray Confidential Executive’s employment pursuant to this Agreement shall be immediately terminated without notice by the Company upon the death of Executive.

Incapacity or Death. (i) If Executive becomes unable, due to physical or mental illness or injury, to perform the essential duties of his/her his position for more than twelve (12) consecutive 12 weeks in any twelve (12) month period during this Agreement with or without reasonable accommodation (“Incapacity”), the Company has the right to terminate Executive’s employment on fifteen (15) days’ written notice. FurtherIn the event of termination for Incapacity, Executive’s employment pursuant Executive will be entitled to this Agreement shall be immediately terminated without notice by receive the Company upon the death of Executive.Accrued Benefits; and

Incapacity or Death. (i) If Executive becomes unable, due to physical or mental illness or injury, to perform the essential duties of his/her his position for more than twelve (12) consecutive weeks in any twelve (12) month period during this Agreement with or without reasonable accommodation (“Incapacity”), the Company has the right to terminate Executive’s employment on fifteen (15) days’ written notice. FurtherIn the event of termination for Incapacity, Executive’s employment Executive will be entitled to receive: (A) payment of all earned but unpaid compensation through the effective date of termination, as specified in the notice, and (B) whatever benefits to which he may be entitled pursuant to this Agreement shall be immediately terminated without notice by the Company upon the death of Executive.Company’s benefit plans; and

Incapacity or Death. (i) If Executive becomes unable, due to physical or mental illness or injury, to perform the essential duties of his/her position for more than twelve (12) consecutive weeks in any twelve (12) month period during this Agreement with or without reasonable accommodation (“Incapacity”), the Company has the right to terminate Executive’s employment on fifteen (15) days’ written notice. Further, Executive’s employment pursuant to this Agreement shall be immediately terminated without notice by the Company upon the death of Executive.. Executive Employment Agmt Std 11.15.19 Accuray Confidential