Common use of Incapacity Clause in Contracts

Incapacity. The Executive’s mental or physical incapacity following the occurrence of an event described above in clauses (i) through (v) of Section 5(c) shall not affect the Executive’s ability to terminate employment for Good Reason and the Executive’s death following delivery of a Notice of Termination for Good Reason shall not affect the entitlement of the estate of the Executive to severance payments or benefits provided hereunder upon a termination of employment for Good Reason.

Appears in 13 contracts

Samples: Change of Control Employment Agreement, Change of Control Employment Agreement (Aspen Insurance Holdings LTD), Change of Control Employment Agreement (Aspen Insurance Holdings LTD)

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Incapacity. The Executive’s mental or physical incapacity following the occurrence of an event described above in clauses (i) through (v) of Section 5(c4(c) shall not affect the Executive’s ability to terminate employment for Good Reason and the Executive’s death following delivery of a Notice of Termination for Good Reason shall not affect the entitlement of the estate of the Executive to severance payments or benefits provided hereunder upon a termination of employment for Good Reason.

Appears in 8 contracts

Samples: Change in Control Continuity Agreement (CapStar Financial Holdings, Inc.), Change in Control Continuity Agreement (CapStar Financial Holdings, Inc.), Change in Control Continuity Agreement (CapStar Financial Holdings, Inc.)

Incapacity. The Executive’s mental or physical incapacity following the occurrence of an event described above in clauses (i) through (v) of Section 5(c6(c) shall not affect the Executive’s ability to terminate employment for Good Reason and the Executive’s death following delivery of a Notice of Termination for Good Reason shall not affect the entitlement of the estate of the Executive to severance payments or benefits provided hereunder upon a termination of employment for Good Reason.

Appears in 5 contracts

Samples: Change of Control Employment Agreement (Borgwarner Inc), Change of Control Employment Agreement (Phinia Inc.), Change of Control Employment Agreement (Phinia Inc.)

Incapacity. The Executive’s mental or physical incapacity following the occurrence of an event described above in clauses (i) through (v) of Section 5(c4(c) shall not affect the Executive’s ability to terminate employment for Good Reason and the Executive’s death following delivery of a Notice of Termination for Good Reason shall not affect the entitlement of the estate of the Executive to severance payments or benefits provided hereunder upon a termination of employment for Good Reason.

Appears in 5 contracts

Samples: Change in Control Employment Agreement (Dime Community Bancshares Inc), Change in Control Employment Agreement (Dime Community Bancshares Inc), Change in Control Employment Agreement (Dime Community Bancshares Inc)

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Incapacity. The Executive’s mental or physical incapacity following the occurrence of an event described above in clauses (i) through (v) of Section 5(c4(c) shall not affect the Executive’s ability to terminate employment for Good Reason and the Executive’s death following delivery of a Notice of Termination for Good Reason shall not affect the entitlement of the estate of the Executive to severance payments or benefits provided hereunder upon a termination of employment for Good Reason.. ​

Appears in 1 contract

Samples: Change in Control Employment Agreement (Dime Community Bancshares, Inc. /NY/)

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