Resignation, Death or Disability. If Executive's employment is terminated by reason of Executive's death, disability or voluntary resignation prior to the end of the Term, Executive shall not be entitled to receive any further compensation or benefits other than the Accrued Benefits.
Resignation, Death or Disability. If Executive’s employment with the Company terminates due to Executive’s resignation, then Executive shall be entitled to the Accrued Benefits. If Executive’s employment is terminated by reason of Executive’s death or Disability prior to the end of the Term, Executive shall not be entitled to receive any further compensation or benefits under this Agreement or otherwise other than the Accrued Benefits. During any period that Executive fails to perform his duties hereunder as a result of disability or incapacity, Executive shall continue to receive his Base Salary and all other benefits and all other compensation pursuant to this Agreement unless and until his employment is terminated pursuant to this Section 5.
Resignation, Death or Disability. Employee's employment hereunder shall be terminated by Employee's resignation, death, or his inability to perform his duties under this Agreement on a full-time basis, for a continuous period of ninety (90) days or more or for an aggregate of ninety (90) days within any period of one hundred eighty (180) days, because of a physical or mental illness as confirmed by a physician chosen by Employer and reasonably acceptable to Employee ("Disability").
Resignation, Death or Disability. Employee will not be entitled to any Severance Benefits or Severance Payments under Paragraphs 14 or 16, or under any other plan, or any other provision of this Agreement, if his employment is terminated by the Company for Cause or if his employment terminates due to disability, death or resignation (other than a resignation which constitutes a CONSTRUCTIVE TERMINATION).
Resignation, Death or Disability. Executive's employment hereunder shall be terminated at any time by Executive's resignation (other than a resignation for good reason as provided in Section 6(d)), or by Executive's death or disability. In the event Executive wishes to resign, he shall give the Board not less than 30 days prior notice of such resignation, which notice shall indicate the proposed resignation date. Following receipt of such notice, the Company, through an action by its Board, shall have the right to accelerate the date of Executive's resignation and to cause his resignation to become effective at any time prior to the resignation date set forth in Executive's original notice; provided, however, that such acceleration or changed effective date of resignation shall not affect in any manner the delivery of any benefits or payments to which Executive may be entitled under Section 7 of this Agreement. For purposes of this Agreement, disability shall be deemed to have occurred only after the following procedure has been satisfied. If within 30 days after notice of proposed termination for disability is given to Executive by the Company, Executive has not returned to the performance of substantially all his duties, the Company may terminate Executive's employment by giving notice of termination for disability. The notice of proposed termination may only be given by the Company following Executive's substantial and material absence from Executive's duties by reason of physical or mental disability for a period of 180 calendar days.
Resignation, Death or Disability. In the event that the Employee’s employment with the Company is terminated during the Employment Period as a result of a Resignation, death or Disability, neither the Employee nor the Employee’s beneficiaries or estate will have any further rights or claims against the Company under this Agreement except the right to receive (i) any unpaid portion of the Base Salary provided for in Section 3.A, paid through the date of termination; and (ii) reimbursement for any expenses for which the Employee shall not have theretofore been reimbursed as provided in Section 3 hereof; (iii) payment of the Annual Bonus accrued for the year prior to such termination (to the extent not already paid); (iv) payment of the Employee’s then-current Target Bonus pro-rated based on the number of days that the Employee was employed by the Company during the year of the termination; and (v) to the extent applicable, the payments provided under Section 5.E herein. For the avoidance of doubt, an Employee that terminates his Employment Period through a Resignation shall not be entitled to any Annual Bonus payments or any other payments from the Company following the date of the Employee’s termination other than as set forth in clauses (i), (ii), (iii), (iv) and (v) of this Section 5.D.
Resignation, Death or Disability. If Executive’s employment is terminated by reason of Executive’s death, disability or voluntary resignation (other than a resignation treated as a termination Without Cause as described above, or following a Change in Control, as described above) prior to the end of the Term, Executive shall not be entitled to receive any further compensation or benefits other than: (i) accrued and unpaid Base Salary, (ii) accrued and unused vacation pay through the date of such termination, (iii) the Accrued Benefits, if any, and (iv) if Executive’s termination is due to death or disability, but not for voluntary resignation, a prorated portion (based on Executive’s length of service during the year of termination) of the annual bonus Executive would have been entitled to receive under Paragraph 3(b) hereof if Executive had remained employed through the end of the fiscal year that includes Executive’s termination date, provided the applicable performance targets of the Company (and, as applicable, Executive) have been achieved for such fiscal year. The prorated bonus referred to in the preceding sentence shall be determined after the completion of the fiscal year in which Executive’s employment terminates and shall be paid (without interest) to Executive at the time bonuses are paid to the Company’s employees generally.
Resignation, Death or Disability. If Executive’s employment is terminated voluntarily by Executive without Good Reason or by reason of death or Disability, Executive’s employment shall terminate without further obligations to Executive other than for payment of any unpaid Salary determined by the Board and reimbursable expenses and vacation accrued and owing to Executive prior to the termination. The sum of such amounts shall hereinafter be referred to as the “Accrued Obligations,” which shall be paid to Executive or Executive’s estate or beneficiary within thirty (30) days of the date of termination (or sooner if required by applicable law). If Executive voluntarily terminates his employment without Good Reason and within (30) days of such termination Employer determines that it would have had Cause to terminate Executive pursuant to Section 4(d), Executive shall be deemed to have been terminated for Cause and the terms of Section 5(b) shall apply.
Resignation, Death or Disability. If Executive’s employment with the Company terminates due to Executive’s resignation during the Term, then Executive shall be entitled to (i) the Accrued Benefits and (ii) subject to Executive’s execution and non-revocation of the Release, (A) an amount equal to six (6) months Base Salary payable in the same manner as provided under Paragraph 3(a), and (B) an amount equal to 50% of the average of Executive’s annual cash bonus payable to Executive for the three (3) most recently completed fiscal years ending prior to the date of termination. If Executive’s employment is terminated by reason of Executive’s death or Disability prior to the end of the Term, Executive shall not be entitled to receive any further compensation or benefits under this Agreement or otherwise other than the Accrued Benefits.
Resignation, Death or Disability. If Xx. Xxxxxxxx leaves the Board before the Company’s 2012 Annual Meeting by reason of his resignation, death or disability, the Raging Capital Group will be entitled to recommend to the Nominating and Corporate Governance Committee of the Board a nominee for director who will qualify as “independent” pursuant to NASDAQ listing standards. The Nominating and Corporate Governance Committee will consider in good faith, in accordance with their fiduciary duties, any such person recommended by the Raging Capital Group.
