Permanent Disability; Death. If during the Employment Period, (i) Executive shall become ill, mentally or physically disabled, or otherwise incapacitated so as to be unable regularly to perform the duties of his position for a period in excess of 90 consecutive days or more than 180 days in any consecutive 12 month period, or (ii) a qualified independent physician determines that Executive is mentally or physically disabled so as to be unable to regularly perform the duties of his position and such condition is expected to be of a permanent duration (a “Permanent Disability”), then the Company shall have the right to terminate Executive’s employment with the Company upon written notice to Executive. In the event the Company terminates Executive’s employment as a result of his Permanent Disability or death, Executive or Executive’s estate shall be entitled to the benefits that he would have been entitled to receive if Executive’s employment had been terminated by the Company without Cause pursuant to Section 4.4 (subject to the provisos and conditions set forth therein); provided, however, that the Company shall have no other obligation to Executive or Executive’s estate pursuant to this Agreement in the event that Executive’s employment with the Company is terminated by the Company pursuant to this Section 4.2.
Permanent Disability; Death. (a) In the event of the Permanent Disability of the Executive during the Term of Employment, the Company shall, upon written notice to the Executive, have the right to terminate the Executive's employment hereunder by reason of Permanent Disability.
(b) In the event of the death of the Executive during the Term of Employment, this Agreement shall automatically terminate.
Permanent Disability; Death. In the event Xx. Xxxxxxxxxx is unable to complete the term of this Agreement due to disability as defined in section 409A of the Internal Revenue Code, he shall be entitled to receive the amounts payable under the university’s short term disability policy and continue to receive his base salary until his long term policy begins payment, not to exceed 90 days. In the event of Xx. Xxxxxxxxxx'x death during his service as President, his spouse shall be entitled to remain in the University-owned residence for up to ninety (90) days after Xx. Xxxxxxxxxx'x death. The Board, in its sole discretion, may extend this ninety (90) day period.
Permanent Disability; Death. If during the term of this Agreement, Executive shall become ill, mentally or physically disabled, or otherwise incapacitated so as to be unable regularly to perform the duties of his position for a period in excess of 90 consecutive days or more than 120 days in any consecutive 12 month period (“Permanent Disability”), then the Company shall have the right to terminate Executive’s employment with the Company upon written notice to Executive. In the event the Company terminates Executive’s employment as a result of his Permanent Disability or death, Executive or Executive’s estate shall be entitled to the benefits that he would have been entitled to receive if Executive’s employment had been terminated by the Company without Cause pursuant to Section 5.4 (subject to the provisos and conditions set forth therein); provided, however, that the Company shall have no other obligation to Executive or Executive’s estate pursuant to this Agreement in the event that Executive’s employment with the Company is terminated by the Company pursuant to this Section 5.2.
Permanent Disability; Death. If Guild is disabled through illness or other wise from performing his duties hereunder for a period in excess of six consecutive months, so that such disability is deemed to be a permanent disability under Section 5, the Company shall have the option, exercisable on written notice to Guild and only so long as such disability continues, to terminate his employment under this Agreement. Any such termination shall be effective as of the end of the month in which such written notice is given to Guild. If Guild dies, the Term shall end on the date of his death.
Permanent Disability; Death. Xxxxx dies or if this Contract is --------------------------- terminated pursuant to paragraph 5.1.3, VIVRA shall pay Xxxxx or his beneficiary one (1) year's Salary at the rate of $300,000 plus an amount equal to the Contingent Bonus ($300,000) (if the Contingent Bonus has been earned but not yet paid), a total of either $300,000 or $600,000.
Permanent Disability; Death a. In the event of the permanent disability (as hereinafter defined) of the Employee during the term of her employment hereunder, the Company shall have the right, upon written notice to the Employee, to terminate her employment hereunder, effective upon the giving of such notice. Upon such termination, the Company shall be discharged and released from any further obligations under this Agreement, but the
Permanent Disability; Death. If during the Employment Period, (a) Executive shall become ill, mentally or physically disabled, or otherwise incapacitated so as to be unable regularly to perform the duties of his position for a period in excess of 90 consecutive days or more than 180 days in any consecutive 12 month period, or (b) a qualified independent physician determines that Executive is mentally or physically disabled so as to be unable to regularly perform the duties of his position and such condition is expected to be of a permanent duration (a “Permanent Disability”), then the Company shall have the right to terminate Executive’s employment with the Company upon written notice to Executive. In the event the Company terminates Executive’s employment as a result of his Permanent Disability or in the event Executive’s employment is terminated due to his death at any time prior to the 2012 Measurement Date, as defined in the Class B-2 Unit Award Agreement, Executive or Executive’s estate shall be entitled to the benefits that he would have been entitled to receive if Executive’s employment had been terminated by the Company without Cause pursuant to Section 4.4 (subject to the provisions and conditions set forth therein); provided, however, that the Company shall have no other obligation to Executive or Executive’s estate pursuant to this Agreement in the event that Executive’s employment with the Company is terminated pursuant to this Section 4.2.
Permanent Disability; Death. If during the term of this Agreement, Executive shall become ill, mentally or physically disabled, or otherwise incapacitated so as to be unable regularly to perform the duties of his position for a period in excess of 90 consecutive days or more than 120 days in any consecutive 12 month period ("Permanent Disability"), then the Company shall have the right to terminate Executive's employment with the Company upon written notice to Executive. In the event the Company terminates Executive's employment as a result of his Permanent Disability or death, Executive or Executive's estate shall be entitled to the same salary and benefit continuation and the acceleration of vesting and continued exercisability of the Existing Stock Options (as defined in Section 5) that he would have been entitled to receive if Executive's employment had been terminated by Executive pursuant to Section 4.6(b); provided, however, that the Company shall have no other obligation to Executive or Executive's estate pursuant to this Agreement in the event that Executive's employment with the Company is terminated by the Company pursuant to this Section 4.2.
Permanent Disability; Death. Section 4.2 of the Employment Agreement is amended by inserting the following sentence at the end thereof: “For the sake of clarity, in the event that Executive’s employment is terminated as a result of his death or a Permanent Disability following a Change in Control of the Company, Executive (or his estate) shall be entitled to the payments and benefits specified in Section 4.5 (or such greater benefits as may be provided in the applicable equity plan with respect to death or Disability).”
