Permanent Disability or Death. If Executive’s employment is terminated by Company due to Executive’s Permanent Disability or death, Executive will not be entitled to and shall not receive any compensation or benefits of any type following the Termination Date other than payment of Salary through the last day of employment and any right to continued benefits required by law. “Permanent Disability” means any illness, injury, accident or condition of either a physical or psychological nature that prevents Executive from performing the essential functions of Executive’s position, with or without reasonable accommodation, for sixty consecutive days or for an aggregate of one hundred twenty days during any period of three hundred and sixty five consecutive calendar days, as determined in good faith by the Board.
Permanent Disability or Death. If Employee’s employment with XOMA terminates due to Employee’s death or Permanent Disability, in either case, during the Change of Control Protection Period, then Employee shall not be entitled to receive severance benefits under this Agreement and shall instead be entitled to severance benefits as set forth in the Employment Agreement. In the event of Employee’s death or Permanent Disability which occurs after termination of Employee’s employment with XOMA as a result of an Involuntary Termination within a Change of Control Protection Period, Employee’s legal representatives, executors, administrators, successors, heirs, devisees and legatees shall be entitled to receive severance benefits under this Agreement. For purposes of this Agreement, “Permanent Disability” is defined as Employee being incapable of performing duties to XOMA by reason of any medically determined physical or mental impairment that can be expected to last for a period of more than six (6) consecutive months from the first date of Employee’s absence due to the disability. XOMA will give Employee at least four (4) weeks written notice of termination due to such disability.
Permanent Disability or Death. In the event of the Executive's permanent disability as defined in the long-term disability plan applicable to employees of the Company on the date hereof ("Permanent Disability") while employed hereunder during the Employment Term, the Executive shall continue to receive compensation equal to the Executive's then current base salary plus the bonus referred to in Section 4(i) for a period of six months after the determination of Permanent Disability or until the end of the Employment Term, whichever shall last occur, less any amounts received through any disability or salary continuation plan provided pursuant to Section 7 hereof. In the event of the Executive's death while employed hereunder during the Employment Term, the Executive's estate or designated beneficiaries shall continue to receive compensation equal to the Executive's then current base salary plus the bonus referred to in Section 4(i) until the end of the Employment Term or one year from death, whichever is later. In the event of the Executive's Permanent Disability or death as specified in this Section 5, the employment of the Executive and all obligations of the Company hereunder (other than the obligation (i) for the compensation specified in this Section 5, and (ii) to pay amounts for which the Company is responsible under applicable benefit plans, policies and practices in the event of death or Permanent Disability) shall terminate.
Permanent Disability or Death. If Executive shall fail during the term of his employment hereunder, because of illness, physical or mental disability or other incapacity, for a period of 180 days in any 365 consecutive days, to render the services provided for by this Agreement ("Permanent Disability"), the Company or Executive may terminate Executive's employment on written notice thereof, setting forth the facts and
Permanent Disability or Death. 6.1 If, prior to the end of the Employment Term, the Executive shall suffer a "Permanent Disability" (as hereinafter defined), the Company may terminate the Employment Term by notice in the manner described below. If so terminated, the Executive shall receive a bonus for the fiscal year in which his Permanent Disability occurred equal to the pro rata portion of the bonus determined by the Board of Directors pursuant to Section 3 hereof based on the Executive's efforts from the beginning of that fiscal year to the date on which the Permanent Disability occurred. Such bonus shall be paid in a lump sum as soon as possible following the determination of said bonus, but in no event later than December 31 following the end of such fiscal year. In addition, the Executive shall receive any portion of the bonus attributable to any completed fiscal year which has accrued but has not yet been paid. In addition, the Executive shall continue to receive compensation payable monthly equal to the Executive's then current base salary until the end of the Employment Term; provided that the Company's current group LTD policy (or its equivalent) remains in force, which the Executive has acknowledged is acceptable to him, shall be used to offset the Company's liability under this Section 6.1. The foregoing obligations may be paid out monthly or in lump sum as determined by the Board of Directors in its sole discretion. The amounts payable under this Section 6.1 shall be in lieu of any amount to which the Executive is entitled under Sections 2 and 3 of this Agreement. In the event the Company is successful in obtaining an individual long-term disability insurance policy for the Executive, which insurance policy is reasonably satisfactory to the Executive, then the amounts received under any such insurance policy shall be in lieu of the Company's obligation to pay the monthly amounts to the Executive described above.
Permanent Disability or Death. Upon termination of the Executive’s employment due to Permanent Disability or death, in each case within twelve months following a Change in Control Date, the Executive or the Executive’s estate (respectively) shall, subject to Section 3.6, be entitled to receive, in addition to the Base Obligations, a Pro Rata Target Bonus with respect to the calendar year in which the Termination Date occurs, determined and payable in the manner contemplated by Section 3.2(a). All other benefits, if any, due the Executive or the Executive’s estate (as applicable) following termination pursuant to this Section 3.3 shall be determined in accordance with the plans, policies and practices of the Company, provided the Executive and the Executive’s estate shall not be entitled to participate in any other severance plan, policy or program of the Company.
Permanent Disability or Death. The Executive’s employment hereunder shall terminate upon his Permanent Disability or death. Upon termination of the Executive’s employment due to Permanent Disability or death, the Executive or his estate (respectively) shall, subject to Section 6.7, be entitled to receive, in addition to the Base Obligations, a pro rata Target Bonus with respect to the calendar year in which the Termination Date occurs, determined by multiplying the Target Bonus for such calendar year by a fraction, the numerator of which is the number of days in the calendar year in which the Termination Date occurs through the Termination Date and the denominator of which is three hundred sixty-five, payable in a lump sum within thirty days following the Release Effective Date (as defined in Section 6.7), provided that if the sixty-day period described in Section 6.7 begins in one calendar year and ends in another, the pro rata Target Bonus shall be paid not earlier than January 1 of the calendar year following the Termination Date. All other benefits, if any, due the Executive or his estate (as applicable) following termination pursuant to this Section 6.4 shall be determined in accordance with the plans, policies and practices of the Company, provided the Executive shall not be entitled to participate in any other severance plan, policy or program of the Company. 6.5
Permanent Disability or Death. If you shall become disabled, the Company shall continue to pay your base salary for a maximum of twelve (12)
Permanent Disability or Death. In the event of the Executive's permanent disability as defined in the long-term disability plan applicable to employees of the Company on the date hereof ("Permanent Disability") while employed hereunder during the Employment Term, the Executive shall receive monthly for a period of six months after the determination of Permanent Disability an amount equal to the Executive's then current monthly base salary plus one-twelfth of the average of the amounts paid to the Executive under the CAPP xxxing each of the three years immediately preceding the year of Permanent Disability less any amounts received through any disability or salary continuation plan provided pursuant to Section 7 hereof. In the event of the Executive's death while employed hereunder during the Employment Term, the Executive's estate or designated beneficiaries shall receive a lump sum equal to the Executive's then current annual base salary plus the average of the amounts paid to the Executive under the CAPP xxxing each of the three years immediately preceding the year of death. In the event of the Executive's Permanent Disability or death as specified in this Section 5, the employment of the Executive and all obligations of the Company hereunder (other than the obligation (i) for the compensation specified in this Section 5, and (ii) to pay amounts for which the Company is responsible under applicable benefit plans, policies and practices in the event of death or Permanent Disability) shall terminate.
Permanent Disability or Death. In the event of the Executive's permanent disability, as defined in the long-term disability plan applicable to employees of the Company on the date hereof ("Permanent Disability"), while employed hereunder during the Employment Term, the Executive shall receive monthly for a period of six months after the determination of Permanent Disability an amount equal to the Executive's then- current monthly base salary plus one-twelfth of the average of the CAPP xxxunts paid to the Executive during each of the three years immediately preceding the year of Permanent Disability (or, if the Executive has not been employed by the Company for at least three years immediately preceding the year of Permanent Disability, during such years as the Executive has been employed by the Company immediately preceding the year of Permanent Disability; provided, however, that if the Executive is terminated prior to receiving any CAPP xxxments, any CAPP xxxment amount guaranteed to such Executive pursuant to his engagement letter with the Company shall be taken into account for purposes of this Section 5), less any amounts received through any disability or salary continuation plan provided pursuant to Section 7 hereof. In the event of the Executive's death while employed hereunder during the Employment Term, the Executive's estate or designated beneficiaries shall receive a lump sum equal to the Executive's then-current annual base salary plus the average of the CAPP xxxunts paid to the Executive during each of the three years immediately preceding the year of death (or, if the Executive has not been employed by the Company for at least three years immediately preceding the year of death, during such years as the Executive has been employed by the Company immediately preceding the year of death; provided, however, that if the Executive is terminated prior to receiving any CAPP xxxments, any CAPP xxxment amount guaranteed to such Executive pursuant to his engagement letter with the Company shall be taken into account for purposes of this Section 5). In the event of the Executive's Permanent Disability or death as specified in this Section 5, the employment of the Executive and all obligations of the Company hereunder (other than the obligation (i) for the compensation specified in this Section 5, and (ii) to pay amounts for which the Company is responsible under applicable benefit plans, policies and practices in the event of death or Permanent Disability) shall terminate.
