OPTION TO TERMINATE ON PERMANENT DISABILITY OF EMPLOYEE. Not withstanding anything in this agreement to the contrary, employer is hereby given the option to terminate this agreement in the event that during the term hereof employee shall become permanently disabled, as the term "permanently disabled" is hereinafter fixed and defined. Such option shall be exercised by employer giving notice to employee by registered mail, addressed to him in care of employer at the above stated address, or at such other address as employee shall designate in writing, of its intention to terminate this agreement on the last day of the month during which such notice is mailed. On the giving of such notice this agreement and the term hereof shall cease and come to an end on the last day of the month in which the notice is mailed, with the same force and effect as if such last day of the month were the date originally set forth as the termination date. For purposes of this agreement, employee shall be deemed to have become permanently disabled if, during any year of the term hereof, because of ill health, physical or mental disability, or for other causes beyond his control, he shall have been continuously unable or unwilling or have failed to perform his duties hereunder for thirty (30) consecutive days, or if, during any year of the term hereof, he shall have been unable or unwilling or have failed to perform his duties for a total period of thirty (30) days, whether consecutive or not. For the purposes hereof, the term "any year of the term hereof" is defined to mean any period of 12 calendar months commencing on the first day of January and terminating on the last day of December of the following year during the term hereof.
OPTION TO TERMINATE ON PERMANENT DISABILITY OF EMPLOYEE. Employer may terminate this Agreement if, during the term of this Agreement, Employee shall become “Permanently Disabled”, as that term is defined herein. A termination pursuant to this Section 7.04 shall be deemed a termination without “Cause,” and shall be governed by the procedures, and shall entitle Employee to the Severance Package specified in Section 7.01. For purposes of this Agreement, Employee shall be deemed to have become Permanently Disabled if Employee is unable to perform his/her current duties, with or without reasonable accommodation, for an aggregate of 120 working days over a six month period, by reason of any medically determinable physical or mental impairment. Employer may issue its Notice of Termination to Employee on or after the 90th working day of Permanent Disability, as defined herein. The Notice of Termination shall be deemed withdrawn and the Agreement shall remain in effect after a Notice of Termination has been given to Employee under the following circumstances.
OPTION TO TERMINATE ON PERMANENT DISABILITY OF EMPLOYEE. Employer is hereby given the option to terminate this Agreement in the event that during the term of this Agreement, Employee shall become "permanently disabled", as the term "permanently disabled" is defined herein. Such option shall be exercised by Employer giving sixty (60) days notice to Employee by registered mail, addressed to him/her at his/her last known address, or at such other address as Employee shall designate in writing, of its intention to terminate this Agreement ("Notice of Termination".) On the giving of the Notice of Termination, this Agreement and the terms hereof shall cease and come to an end on the sixtieth day after the notice is mailed to the Employee. In the event Employee is terminated pursuant to this Section, Employee shall be entitled to accrued salary and vacation as of the termination date of the Agreement, including accrued salary and vacation for the time period in which the Employee failed or refused to perform his/her duties and/or absented himself/herself from his/her duties. Employee shall also be entitled to reimbursement expenses for which expense reports have been provided to Employer in accordance with Employer's policies and this Agreement or which are provided to Employer prior to the termination date of the Agreement in accordance with Employer's policies and this Agreement. In addition to the foregoing amounts, if Employee is terminated pursuant to this section of the Agreement, he/she will be entitled to receipt of additional payments as set forth in Section 7.01.1, 7.01.2 and 7.01.3, above. For purposes of this agreement, Employee shall be deemed to have become permanently disabled if, because of ill health, physical or mental disability or illness, or for other medical causes, he/she shall have been continuously unable or unwilling to perform his/her duties or have absented himself/herself from his/her duties and failed to perform his/her duties for one hundred and eighty (180) consecutive days. Such ill health, physical or mental disability or illness, or other medical cause shall be confirmed by a physician acceptable to the Employee at the request of the Employer when the Employer knows or has reason to know that the Employee's absence or inability or unwillingness to perform his/her duties is or has been caused by ill health, physical or mental disability or illness, or for other medical causes. The Notice of Termination shall be withdrawn and the Agreement shall remain in effect after a Notice of Termin...
OPTION TO TERMINATE ON PERMANENT DISABILITY OF EMPLOYEE. (i) Notwithstanding anything in this Contract to the contrary, employer is hereby given the option to terminate this Agreement in the event that during the term hereof employee shall become permanently disabled, as the term "permanently disabled" is hereinafter fixed and defined.
OPTION TO TERMINATE ON PERMANENT DISABILITY OF EMPLOYEE. Notwithstanding anything in this Agreement to the contrary, and subject to any limitations imposed by applicable state or federal law, the parties each have the option to terminate this Agreement in the event that during the Term Employee shall become permanently disabled to the extent Employee is unable to perform the essential functions of Employee's duties even with reasonable accommodation. Upon such notice pursuant to this Section 9, this Agreement shall be terminated, effective on the last day of the month in which the notice is mailed to the other party, with the same force and effect as if such last day of the month were the date originally set forth as the termination date set forth in Section 5.
OPTION TO TERMINATE ON PERMANENT DISABILITY OF EMPLOYEE. Notwithstanding anything in this agreement to the contrary, Nyxio Technologies is hereby given the option to terminate this agreement in the event that during the term hereof employee shall become permanently disabled, as the term "permanently disabled" is hereinafter fixed and defined. Such option shall be exercised by Nyxio Technologies giving notice to employee by registered mail, addressed to him/her in care of Nyxio Technologies at the above stated address, or at such other address as employee shall designate in writing, of its intention to terminate this agreement on the last day of the month during which such notice is mailed. On the giving of such notice this agreement and the term hereof shall cease and come to an end on the last day of the month in which the notice is mailed, with the same force and effect as if such last day of the month were the date originally set forth as the termination date. For purposes of this agreement, employee shall be deemed to have become permanently disabled if, during any year of the term hereof, because of ill health, physical or mental disability, or for other causes beyond his/her control, he/she shall have been continuously unable or unwilling or have failed to perform his/her duties hereunder for thirty (30) consecutive days, or if, during any year of the term hereof, he/she shall have been unable or unwilling or have failed to perform his/her duties for a total period of thirty (30) days,whether consecutive or not.
