Permanent Disability of Employee. The Company shall have the right to terminate Employee’s employment hereunder if the BOD shall in good faith and on the basis of reasonable medical evidence determine that Employee, by reason of physical or mental disability, has been unable to perform the services required of him hereunder for more than 120 consecutive days or an aggregate of 180 calendar days, during any 12-month period. Such termination shall be effective as of the last day of the month following the month in which the Company shall have given notice to Employee of its intention to terminate pursuant to this paragraph. Company paid Disability Benefits will be activated 90 days after termination.
Permanent Disability of Employee. In the event Employee becomes mentally or physically disabled to such an extent that Employee is unable to substantially perform Employee's normal duties on behalf of the Company with reasonable accommodations as described in this Agreement for a period of thirty (30) days or more, the Company, at any time thereafter, shall have the right, at its sole option, to declare Employee permanently disabled and thereupon terminate employment hereunder. In such event, Employee, as full and final severance compensation, shall be paid Employee's unpaid Base Pay accrued through the date of termination, and any unpaid but accrued and earned benefits, all of which shall be as accrued through the date of the Company's declaration of permanent disability and termination.
Permanent Disability of Employee. If Employee has been, for substantially all the normal working days during three (3) consecutive months, unable to perform Employee's responsibilities and duties and to exercise Employee's authorities in a satisfactory manner due to mental or physical disability, then Employee may be deemed "permanently disabled," and Employee's employment may be terminated at the election of the Board. Any determination of permanent disability made by Employer shall be final and conclusive. In the event that Employer deems Employee "permanently disabled," Employee shall be entitled to receive the unpaid balance of Employee's annual salary, together with other accrued benefits pursuant to subparagraph 2(e) above to the date of the determination of being permanently disabled, payable as immediately prior to termination for the remaining term of this Employment Agreement, less any amount received by Employee under any Employer-provided long term disability coverage and/or program; provided, that if Employer is unable to continue to provide any such benefits to Employee at substantially the Benefit Cost, Employer shall have the right to pay Employee the Benefit Cost of such benefits in lieu of continuing to provide such benefits to Employee. It is provided, however, if Employee directly or indirectly engages in or acts as an employee of or consultant for any trade or occupation that is in competition with Employer, such salary and benefits shall thereupon terminate.
Permanent Disability of Employee. The Agreement will terminate if Employee becomes permanently disabled. Employee will be deemed permanently disabled for the purpose of this Agreement if Employee becomes physically or mentally incapable of performing his duties hereunder for ninety (90) consecutive days.
Permanent Disability of Employee. If Employee has been, for substantially all the normal working days during five (5) consecutive months, unable to perform Employee's responsibilities and duties and to exercise Employee's authorities in a satisfactory manner due to mental or physical disability, then Employee may be deemed "permanently disabled," and Employee's employment may be terminated at the election of the Board. Any determination of permanent disability made by Employer shall be final and conclusive. In the event that Employer deems Employee "permanently disabled," Employee shall be entitled to receive the unpaid balance of Employee's annual salary, together with other accrued benefits to the date of the determination of being permanently disabled, payable as immediately prior to termination for the remaining then current term of this Employment Agreement, less any amount received by Employee under any Employer or Employer affiliate-provided long term disability coverage and/or program. It is provided, however, that if Employee breaches or fails to fulfill Employee's obligations under or is in violation of Section 4(h), Section 7(g), or the fifth sentence of Section 1(c), such salary and benefits shall thereupon terminate.
Permanent Disability of Employee. In the event of Employee's Permanent Disability, the Company may terminate Employee's employment under this Agreement by giving Employee written notice of the Board's resolution to do so. For purposes of this Agreement, "Permanent Disability" shall mean Employee's inability to substantially perform his usual and customary duties for the Company as a result of any physical or mental impairment, as medically determined by Employee's personal physician, which inability lasts for a continuous period of not less than four (4) consecutive months. Notwithstanding the Company's termination of Employee's employment pursuant to this Section 7.1.1, after such termination: (a) the Company shall be obligated to pay to Employee through and including the End Date (determined without regard to the Company's termination of Employee's employment pursuant to this Section 7.1.1), the salary otherwise payable to Employee pursuant to Section 5.1.1 hereof, except that the Company shall not reduce such salary for any reason, (b) through and including the End Date (determined without regard to the Company's termination of Employee's employment pursuant to this Section 7.1.1), the Company and Employee shall be subject to and bound by all of the terms and provisions of this Agreement excepting only Sections 4, 5.1.4, 5.1.5, 5.2, and 8, the parties' obligations and rights under which shall terminate simultaneously with such termination of employment.
Permanent Disability of Employee. If Employee has been, for substantially all the normal working days during three (3) consecutive months, unable to perform Employee's responsibilities and duties and to exercise Employee's authorities in a satisfactory manner due to mental or physical disability, then Employee may be deemed "permanently disabled," and Employee's employment may be terminated at the election of the Board of Employer. Any determination of permanent disability made by Employer shall be final and conclusive. In the event that Employer deems Employee "permanently disabled," Employee shall be entitled to receive the unpaid balance of Employee's annual salary, together with other accrued benefits to the date of the determination of being permanently disabled, payable as immediately prior to termination for the remaining term of this Employment Agreement, less any amount received by Employee under any Employer-provided long term disability coverage and/or program; provided, however, if Employee directly or indirectly engages in or acts as an executive of or consultant for any trade or occupation that is in competition with Employer, such salary and benefits shall thereupon terminate.
Permanent Disability of Employee. In the event of termination of Employee's employment as a consequence of Employee's Permanent Disability, the Company shall pay to Employee the Employee's earned but unpaid then-current base salary through the Termination Date, payable to Employee no later than the Company's next regular payroll payment date following the Termination Date, and which payments shall be subject to all required withholdings and deductions, (b) all vacation accrued as of the Termination Date calculated in accordance with Section 1.2.5, payable to Employee no later than the Company's next regular payroll payment date following the Termination Date, and (c) all bonuses earned but not paid as of the Termination Date. Payment of the bonus, if any, shall be made on or before March 31 of the year following the Termination Date.
