Common use of OPTION TO TERMINATE ON PERMANENT DISABILITY OF EMPLOYEE Clause in Contracts

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 The Notice of Termination shall be deemed withdrawn and the Agreement shall remain in effect after a Notice of Termination has been given to Employee under the following circumstances. A. Within thirty (30) days of the Notice of Termination being given to Employee, Employee returns to the full performance of Employee’s duties and provides medical certification that Employee can perform the essential functions of Employee’s duties with or without reasonable accommodation. B. Within thirty (30) days of the Notice of Termination being given to Employee, Employee requests a reasonable accommodation from Employer which would permit Employee to perform the essential functions of Employee’s duties and such reasonable accommodation can be provided by Employer without an undue hardship.

OPTION TO TERMINATE ON PERMANENT DISABILITY OF EMPLOYEE. Employer may is hereby given the option to terminate this Agreement if, in the event that during the term of this Agreement, Employee shall become “Permanently Disabled”"permanently disabled", as that the term "permanently disabled" is defined herein. A termination 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 7.04 Section, Employee shall be deemed a entitled to accrued salary and vacation as of the termination without “Cause,” 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 governed by the procedures, entitled to reimbursement expenses for which expense reports have been provided to Employer in accordance with Employer's policies and shall entitle Employee this Agreement or which are provided to Employer prior to the Severance Package specified 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 7.017.01.1, 7.01.2 and 7.01.3, above. For purposes of this Agreementagreement, Employee shall be deemed to have become Permanently Disabled if Employee is 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 current dutiesduties 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, 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. disability or illness, or other medical cause shall be confirmed by a physician acceptable to the Employee at the request of the Employer may issue its Notice of Termination when the Employer knows or has reason to Employee on know that the Employee's absence or after the 90th working day of Permanent Disabilityinability or unwillingness to perform his/her duties is or has been caused by ill health, as defined hereinphysical or mental disability or illness, or for other medical causes. The Notice of Termination shall be deemed withdrawn and the Agreement shall remain in effect after a Notice of Termination has been given to the Employee under the following circumstances. A. 1. Within thirty (30) days of the Notice of Termination being given provided to the Employee, the Employee returns to the full performance of Employee’s his/her duties and provides medical certification that Employee he/she can perform the essential functions of Employee’s his/her duties with or without reasonable accommodation. B. 2. Within thirty (30) days of the Notice of Termination being given provided to the Employee, the Employee requests a reasonable accommodation from Employer which would permit Employee him/her to perform the essential functions of Employee’s his/her duties and such reasonable accommodation can be provided by Employer without an undue hardshiphardship to the Employer. Any absence by the Employee from his/her duties caused by ill health, physical or mental disability or illness, or for other medical causes shall automatically be considered to be a "leave" pursuant to the California Family Rights Act (CFRA) and the Family Medical Leave Act (FMLA) as of the first date of such absence caused by the ill health, physical or mental disability, illness or other medical causes. No Notice of Termination, pursuant to this section shall be given to the Employee until all leave under the CFRA, Fair Employment and Housing Act and Family Medical Leave Act has been exhausted.

OPTION TO TERMINATE ON PERMANENT DISABILITY OF EMPLOYEE. Employer The Bank 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 dutiesengage in any substantial gainful activity, 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 The Bank 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. A. Within thirty (30) days of the Notice of Termination being given to Employee, Employee returns to the full performance of Employee’s duties and provides medical certification that Employee can perform the essential functions of Employee’s duties with or without reasonable accommodation. B. Within thirty (30) days of the Notice of Termination being given to Employee, Employee requests a reasonable accommodation from Employer the Bank which would permit Employee to perform the essential functions of Employee’s duties and such reasonable accommodation can be provided by Employer the Bank without an undue hardship.

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 dies or 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 shall issue its Notice of Termination to Employee on or after the 90th 90 working day days 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. A. Within thirty (30) days of the Notice of Termination being given to Employee, Employee returns to the full performance of Employee’s duties and provides medical certification that Employee can perform the essential functions of Employee’s duties with or without reasonable accommodation. B. Within thirty (30) days of the Notice of Termination being given to Employee, Employee requests a reasonable accommodation from Employer which would permit Employee to perform the essential functions of Employee’s duties and such reasonable accommodation can be provided by Employer without an undue hardship.

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. A. Within thirty (30) days of the Notice of Termination being given to Employee, Employee returns to the full performance of Employee’s duties and provides medical certification that Employee can perform the essential functions of Employee’s duties with or without reasonable accommodation. B. Within thirty (30) days of the Notice of Termination being given to Employee, Employee requests a reasonable accommodation from Employer the Bank which would permit Employee to perform the essential functions of Employee’s duties and such reasonable accommodation can be provided by Employer the Bank without an undue hardship.

OPTION TO TERMINATE ON PERMANENT DISABILITY OF EMPLOYEE. Employer may is hereby given the option to terminate this Agreement if, in the event that during the term of this Agreement, Employee shall become “Permanently Disabled”"permanently disabled", as that the term "permanently disabled" is defined herein. A termination 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 7.04 Section, Employee shall be deemed a entitled to accrued salary and vacation as of the termination without “Cause,” date of the Agreement, including accrued salary and vacation for the time period in which the Employee failed or refused to perform his duties and/or absented himself from his duties. Employee shall also be governed by the procedures, entitled to reimbursement expenses for which expense reports have been provided to Employer in accordance with Employer's policies and shall entitle Employee this Agreement or which are provided to Employer prior to the Severance Package specified 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 will be entitled to receipt of additional severance payments as set forth in Section 7.017.01.1, 7.01.2 and 7.01.3, above. For purposes of this Agreementagreement, Employee shall be deemed to have become Permanently Disabled if Employee is unable to perform his/her current dutiespermanently disabled if, with or without reasonable accommodationbecause of ill health, for an aggregate of 120 working days over a six month period, by reason of any medically determinable physical or mental impairmentdisability or illness, or for other medical causes, he shall have been continuously unable or unwilling to perform his duties or have absented himself from his duties and failed to perform his 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 may issue its Notice of Termination when the Employer knows or has reason to Employee on know that the Employee's absence or after the 90th working day of Permanent Disabilityinability or unwillingness to perform his duties is or has been caused by ill health, as defined hereinphysical or mental disability or illness, or for other medical causes. The Notice of Termination shall be deemed withdrawn and the Agreement shall remain in effect after a Notice of Termination has been given to the Employee under the following circumstances. A. 1. Within thirty (30) days of the Notice of Termination being given provided to the Employee, the Employee returns to the full performance of Employee’s his/her duties and provides medical certification that Employee he/she can perform the essential functions of Employee’s his/her duties with or without reasonable accommodation. B. 2. Within thirty (30) days of the Notice of Termination being given provided to the Employee, the Employee requests a reasonable accommodation from Employer which would permit Employee him to perform the essential functions of Employee’s his duties and such reasonable accommodation can be provided by Employer without an undue hardshiphardship to the Employer. Any absence by the Employee from his duties caused by ill health, physical or mental disability or illness, or for other medical causes shall automatically be considered to be a "leave" pursuant to the California Family Rights Act (CFRA) and the Family Medical Leave Act (FMLA) as of the first date of such absence caused by the ill health, physical or mental disability, illness or other medical causes. No Notice of Termination, pursuant to this section shall be given to the Employee until all leave under the CFRA, Fair Employment and Housing Act and Family Medical Leave Act has been exhausted.

OPTION TO TERMINATE ON PERMANENT DISABILITY OF EMPLOYEE. Employer The Bank 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 6.04 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 7.016.01. For purposes of this Agreement, Employee shall be deemed to have become Permanently Disabled if Employee is unable to perform his/her current dutiesengage in any substantial gainful activity, 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 The Bank 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. A. Within thirty (30) days of the Notice of Termination being given to Employee, Employee returns to the full performance of Employee’s duties and provides medical certification that Employee can perform the essential functions of Employee’s duties with or without reasonable accommodation.; or B. Within thirty (30) days of the Notice of Termination being given to Employee, Employee requests a reasonable accommodation from Employer the Bank which would permit Employee to perform the essential functions of Employee’s duties and such reasonable accommodation can be provided by Employer the Bank without an undue hardship.