Common use of Partial or Total Disability Clause in Contracts

Partial or Total Disability. If the Employee is unable to perform his duties and responsibilities hereunder to the full extent required hereunder by reason of non-employment related illness, injury or incapacity for six months (during which time he shall continue to be compensated hereunder), the Company may terminate the Employment Term, and the Company shall not have any further liability or obligation to the Employee hereunder except for any unpaid Salary, unpaid bonus, adjusted pro rata based upon the portion of such bonus period in which the Employee was actually employed by the company hereunder and any Fringe Benefits accrued to the date of termination, provided, however, that Employee reserves any rights that he may have against the Company with respect to any claims for damages and/or benefits under any Workers' Compensation Act, or otherwise, arising out of injuries, illness or incapacity incurred as a result of his employment with the Company (an "Employment Injury"). In the event of any dispute under this Section 5(a), the Employee shall submit to a physical examination by a licensed physician mutually satisfactory to the Company and the Employee, the cost of such examination to be paid by the Company, and the determination of such physician shall be determinative. If, after termination due to disability as provided herein, the Employee obtains, at his sole expense, medical certification from a licensed physician reasonably satisfactory to the Company that such disability has ended, the Company shall offer to employ the Employee pursuant to the terms of this Agreement for the remainder of the initial term or any renewal term in effect at the time of termination, except that the Company shall not be required to reemploy the Employee at the same officer position if the Company shall have elected another person to such position during the period of the Employee's disability and such other person continues in such position at the time of the Employee's return to employment.

Partial or Total Disability. If the Employee is unable to perform his duties and responsibilities hereunder to the full extent required hereunder by reason of non-employment related illness, injury or incapacity for six months (during which time he shall continue to be compensated hereunder), the Company may terminate the Employment Termterm, and the Company shall not have any further liability or obligation to the Employee hereunder except for any unpaid Salary, any unpaid bonusbonus earned by Employee pursuant to Section 4(b) hereof for the bonus period in which termination of employment occurs, adjusted pro rata based upon the portion of such bonus period in which the Employee was actually employed by the company Company hereunder and any Fringe Benefits accrued to the date of termination, provided, however, that Employee reserves any rights that he may have against the Company with respect to any claims for damages and/or benefits under any Workers' Compensation Act, or otherwise, arising out of injuries, illness or incapacity incurred as a result of his employment with the Company (an "Employment Injury"). In the event of any dispute under this Section 5(a), the Employee shall submit to a physical examination by a licensed physician mutually satisfactory to the Company and the Employee, the cost of such examination to be paid by the Company, and the determination of such physician shall be determinative. If, after termination due to disability as provided herein, the Employee obtains, at his sole expense, medical certification from a licensed physician reasonably satisfactory to the Company that such disability has ended, the Company shall offer to employ the Employee pursuant to the terms of this Agreement for the remainder of the initial term or any renewal term in effect at the time of termination, except that the Company shall not be required to reemploy re-employ the Employee at the same officer position if the Company shall have elected another person to such position during the period of the Employee's disability and such other person continues in such position at the time of the Employee's return to employment.

Partial or Total Disability. If the Employee is unable to perform his duties and responsibilities hereunder to the full extent required hereunder by reason of non-employment related illness, injury or incapacity for six months (during which time he shall continue to be compensated hereunder), the Company may terminate the Employment Term, and the Company shall not have any further liability or obligation to the Employee hereunder except for any unpaid Salary, any unpaid bonusbonus earned by Employee pursuant to Section 4(b) hereof for the bonus period in which termination of employment occurs, adjusted pro rata based upon the portion of such bonus period in which the Employee was actually employed by the company Company hereunder and any Fringe Benefits accrued to the date of termination, provided, however, that Employee reserves any rights that he may have against the Company with respect to any claims for damages and/or benefits under any Workers' Compensation Act, or otherwise, arising out of injuries, illness or incapacity incurred as a result of his employment with the Company (an "Employment Injury"). In the event of any dispute under this Section 5(a), the Employee shall submit to a physical examination by a licensed physician mutually satisfactory to the Company and the Employee, the cost of such examination to be paid by the Company, and the determination of such physician shall be determinative. If, after termination due to disability as provided herein, the Employee obtains, at his sole expense, medical certification from a licensed physician reasonably satisfactory to the Company that such disability has ended, the Company shall offer to employ the Employee pursuant to the terms of this Agreement for the remainder of the initial term or any renewal term in effect at the time of termination, except that the Company shall not be required to reemploy the Employee at the same officer position if the Company shall have elected another person to such position during the period of the Employee's disability and such other person continues in such position at the time of the Employee's return to employment.

Partial or Total Disability. If the Employee is unable to perform his her --------------------------- duties and responsibilities hereunder to the full extent required hereunder by reason of non-employment related illness, injury or incapacity for six months (during which time he she shall continue to be compensated hereunder), the Company IBAH may terminate the Employment Term, and the Company IBAH shall not have any further liability or obligation to the Employee hereunder except for any unpaid Salary, unpaid bonus, adjusted pro rata based upon the portion of such bonus period in which the Employee was actually employed by the company hereunder Salary and any Fringe Benefits accrued to the date of termination, providedand IBAH shall, howeverthrough the two-year anniversary of this Agreement, that continue to provide to the Employee reserves any rights that he may have against the Company with respect same Fringe Benefits as were provided prior to any claims for damages and/or benefits her termination to the maximum extent permissible under any Workers' Compensation Act, or otherwise, arising out the terms of injuries, illness or incapacity incurred as a result of his employment with the Company (an "Employment Injury")plans and policies governing those Fringe Benefits. In the event of any dispute under this Section 5(a6(b), the Employee shall submit to a physical examination by a licensed physician mutually satisfactory to the Company IBAH and the Employee, the cost of such examination to be paid by the CompanyIBAH, and the determination of such physician shall be determinative. If, after termination due to disability as provided herein, the Employee obtains, at his her sole expense, medical certification from a licensed physician reasonably satisfactory to the Company IBAH that such disability has ended, the Company IBAH shall offer to employ the Employee pursuant to the terms of this Agreement for the remainder of the initial term or any renewal term Employment Term in effect at the time of termination, except that the Company IBAH shall not be required to reemploy the Employee at the same officer position if the Company IBAH shall have elected another person to such position during the period of the Employee's disability and such other person continues in such position at the time of the Employee's return to employment.

Partial or Total Disability. If the Employee is unable to perform his duties and responsibilities hereunder to the full extent required hereunder essential functions of her job with reasonable accommodations by reason of non-employment related illness, injury or incapacity for six months (during which time he she shall continue to be compensated hereunder), the Company may terminate the Employment Termterm, and the Company shall not have any further liability or obligation to the Employee hereunder except for any unpaid Salary, any unpaid bonusbonus earned by Employee pursuant to Section 4(b) hereof for the bonus period in which termination of employment occurs, adjusted pro rata based upon the portion of such bonus period in which the Employee was actually employed by the company Company hereunder and any Fringe Benefits accrued to the date of termination, provided, however, that Employee reserves any rights that he she may have against the Company with respect to any claims for damages and/or benefits under any Workers' Compensation Act, or otherwise, arising out of injuries, illness or incapacity incurred as a result of his her employment with the Company (an "Employment Injury"). In the event of any dispute under this Section 5(a), the Employee shall submit to a physical examination by a licensed physician mutually satisfactory to the Company and the Employee, the cost of such examination to be paid by the Company, and the determination of such physician shall be determinative. If, after termination due to disability as provided herein, the Employee obtains, at his her sole expense, medical certification from a licensed physician reasonably satisfactory to the Company that such disability has endedshe is able to perform the essential functions of her job with reasonable accommodations, the Company shall offer to employ the Employee pursuant to the terms of this Agreement for the remainder of the initial term or any renewal term in effect at the time of termination, except that the Company shall not be required to reemploy re-employ the Employee at the same officer position if the Company shall have elected another person to such position during the period of the Employee's disability and such other person continues in such position at the time of the Employee's return to employment.

Partial or Total Disability. If the Employee is unable to perform his duties and responsibilities hereunder to the full extent required hereunder by reason of non-employment related illness, injury or incapacity for six months (during which time he shall continue to be compensated hereunder), the Company may terminate the Employment Term, and the Company shall not have any further liability or obligation to the Employee hereunder except for any unpaid Salary, any unpaid bonusbonus earned by Employee pursuant to Section 4(b) hereof for the bonus period in which termination of employment occurs, adjusted pro rata based upon the portion of such bonus period in which the Employee was actually employed by the company Company hereunder and any Fringe Benefits accrued to the date of termination, provided, however, that Employee reserves any rights that he may have against the Company with respect to any claims for damages and/or benefits under any Workers' Compensation Act, or otherwise, arising out of injuries, illness or incapacity incurred as a result of his employment with the Company (an "Employment Injury"). In the event of any dispute under this Section 5(a), the Employee shall submit to a physical examination by a licensed physician mutually satisfactory to the Company and the Employee, the cost of such examination to be paid by the Company, and the determination of such physician shall be determinative. If, after termination due to disability as provided herein, the Employee obtains, at his sole expense, medical certification from a licensed physician reasonably satisfactory to the Company that such disability has ended, the Company shall offer to employ the Employee pursuant to the terms of this Agreement for the remainder of the initial term or any renewal term in effect at the time of termination, except that the Company shall not be required to reemploy re-employ the Employee at the same officer position if the Company shall have elected another person to such position during the period of the Employee's disability and such other person continues in such position at the time of the Employee's return to employment.