Incapacity or Disability Clause Samples
POPULAR SAMPLE Copied 18 times
Incapacity or Disability. If during the Employment Term, Executive is prevented from performing the duties or fulfilling responsibilities of his employment under this Agreement by reason of any incapacity or disability for a continuous period of six (6) months, as determined by an independent qualified physician selected by the Corporation and reasonably acceptable to Executive (or his representative), then the Corporation may terminate Executive's employment hereunder, but Executive shall continue to be eligible to receive any benefits to which he may be entitled under the terms of any long-term disability plan or insurance policy maintained by the Corporation for its employees generally or for Executive specifically. In the event of such incapacity or disability, the Corporation shall continue to pay full compensation to Executive in accordance with the terms of this Agreement until the date of such termination.
Incapacity or Disability. If Executive becomes so incapacitated by reason of accident, illness, or other disability that Executive is unable to carry on substantially all of the normal duties and obligations of Executive under this Agreement for a continuous period of sixty (60) days (the “Incapacity Period”), this Agreement shall terminate. The determination of whether Executive is permanently disabled or incapacitated shall be based upon the medical advice or opinion of a licensed physician retained by Company agreeing with a licensed physician retained by Executive that Executive is incapacitated from satisfactorily performing his usual and ordinary services for the Incapacity Period. If these two physicians do not agree, the Parties shall select an independent third licensed physician who shall after consulting with the first two physicians and performing his own investigation shall make a binding determination as to whether Executive is permanently disabled as defined by this Agreement.
Incapacity or Disability. If Executive becomes so incapacitated by reason of accident, illness, or other disability that Executive is unable to carry on substantially all of the normal duties and obligations of Executive under this Agreement for a continuous period of sixty (60) days (the “Incapacity Period”), this Agreement shall terminate. For purposes of the foregoing, Executive’s permanent disability or incapacity shall be determined in accordance with the Company’s disability insurance policy, if such a policy is then in effect, or if no such policy is then in effect, such permanent disability or incapacity shall be determined by the Company’s Board of Directors in its good faith judgment based upon Executive’s inability to perform normal and reasonable duties and obligations.
Incapacity or Disability. If Executive is prevented for (x) a continuous period of 120 days, or (y) a period of 180 days or more during any one-year period, from properly performing, with reasonable accommodation, Executive's duties or fulfilling Executive's responsibilities to UST by reason of any physical or mental incapacity, disability or illness, then, to the extent permitted by law, UST may consider such disability, incapacity or illness permanent and may terminate Executive's employment hereunder. UST or Schwab will give Executive notice of its intent to terminate Executive at least seven (7) days before the effective date of such termination. In the event of such incapacity, disability or illness, UST's liability shall be limited to payment of: (i) Executive's salary and benefits through the date of termination; (ii) any bonus due Executive under Section 4(b) above in respect of ▇▇▇▇▇▇'▇ fiscal year ended prior to Executive's termination and any prorated bonus consistent with Schwab policies applicable to Management Committee members; (iii) all unreimbursed out-of-pocket business expenses of the type described in Section 4(d) above incurred by Executive prior to Executive's termination; (iv) all unused vacation days accrued to the date of Executive's termination; (v) full and immediate vesting of all then outstanding stock options and other equity-based awards, which, in the case of stock options, shall remain exercisable by Executive (or Executive's legal representative) for one year following the date of Executive's date of employment termination (but not beyond their original term) or as otherwise specified in the applicable plan document; and (vi) all other vested accrued benefits to which Executive is entitled under applicable UST or Schwab Plans.
Incapacity or Disability. Should Employee, in the reasonable judgment of a physician chosen by the Board become incapacitated to the extent that he is unable to perform his material duties pursuant to this Agreement for a period of three (3) consecutive months by reason of illness, disability, or other incapacity, Employer may terminate this Agreement upon one (1) month's notice after said three (3) month period.
Incapacity or Disability. Should Employee become incapacitated or disabled to the extent that, in the reasonable, good faith opinion of the Board of Directors, Employee is unable to and does not substantially perform his duties for a period of six (6) consecutive months, the Company may terminate this Agreement upon three (3) months' prior notice, provided that Employee does not return to his employment substantially in this full capacity during such three (3) month period. In the event the Company does not maintain disability insurance and this Agreement is terminated as a result of Employee's incapacity or disability, Employee shall be entitled to receive his Base Salary and all benefits for a period of twenty-four (24) months following termination of his employment due to incapacity or disability.