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

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 Termination has been given to the 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 his duties and/or absented himself/herself himself from his/her his 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 he will be entitled to receipt of additional severance 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 he shall have been continuously unable or unwilling to perform his/her his duties or have absented himself/herself himself from his/her his duties and failed to perform his/her 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 when the Employer knows or has reason to know that the Employee's absence or inability or unwillingness to perform his/her his 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 Termination has been given to the Employee under the following circumstances.