Common use of SICKNESS OR INJURY Clause in Contracts

SICKNESS OR INJURY. 16.1. The Executive agrees that at any time during the course of the Employment he shall at the request of the Company submit himself to a medical examination by a registered medical practitioner nominated by the Company. The purpose of such medical examination shall be to determine whether there are any matters which might impair the Executive's ability to perform his duties under this Agreement and accordingly the Executive shall give such authority as is required for the Company's nominated doctor to disclose to the Company the findings. All expenses associated with obtaining the report will be borne by the Company. 16.2. In the event that the Executive is unable to perform his duties under this Agreement by reason of sickness or injury for a period of seven (7) days or more, the Executive shall if required to do so by the Company provide the Company with a medical certificate in respect of the whole period of the absence. Immediately following his return from any period of absence the Executive shall complete a self-certification form detailing the reason for the absence. 16.3. During the Executive's first ten (10) weeks of absence he will receive ninety percent (90%) of his average weekly earnings calculated by taking the total of his earnings over the previous twelve months and dividing the same by fifty two (52). At the end of such ten (10) week period any further payment will only be made to the Executive at the discretion of the Board. 16.4. The Company shall have the right to deduct from the remuneration paid to the Executive any statutory sick pay or other social security benefits which he is entitled to claim in consequence of sickness or accident or payable to him under any scheme for the time being in force of which by virtue of his employment by the Company he is a non-contributory member. 16.5. In the event that the Executive is incapable of performing his duties by reason of injury sustained wholly or partially as a result of actionable negligence or breach of any statutory duty on the part of any third party all payments made to the Executive by the Company by way of remuneration shall to the extent that compensation is recoverable from that third party constitute loans by the Company to the Executive (notwithstanding that as an interim measure income tax has been deducted from payments as if they were emoluments of employment) and shall be repaid when and to the extent that the Executive recovers compensation for loss of earnings from that third party by action or otherwise. 16.6. The Company will maintain on behalf of the Executive the permanent health insurance scheme currently in place during the term of this Agreement.

SICKNESS OR INJURY. 16.118.1. The Executive agrees that at any time during the course of the Employment he shall at the request of the Company Employer submit himself to a medical examination by a registered medical practitioner nominated by the CompanyEmployer. The purpose of such medical examination shall be to determine whether there are any matters which might impair the Executive's ability to perform his duties under this Agreement and accordingly the Executive shall give such authority as is required for the Company's nominated doctor to disclose to the Company Employer the findings. All expenses associated with obtaining the report will be borne by the CompanyEmployer. 16.218.2. In the event that the Executive is unable to perform his duties under this Agreement by reason of sickness or injury for a period of seven (7) days or more, the Executive shall if required to do so by the Company Employer provide the Company Employer with a medical certificate in respect of the whole period of the absence. Immediately following his return from any period of absence the Executive shall complete a self-certification form detailing the reason for the absence. 16.318.3. During the Executive's first ten (10) weeks of absence he will receive ninety percent (90%) of his average weekly earnings calculated by taking the total of his earnings over the previous twelve months and dividing the same by fifty two (52). At the end of such ten (10) week period any further payment will only be made to the Executive at the discretion of the Board. 16.418.4. The Company Employer shall have the right to deduct from the remuneration paid to the Executive any statutory sick pay or other social security benefits which he is entitled to claim in consequence of sickness or accident or payable to him under any scheme for the time being in force of which by virtue of his employment by the Company Employer he is a non-contributory member. 16.518.5. In the event that the Executive is incapable of performing his duties by reason of injury sustained wholly or partially as a result of actionable negligence or breach of any statutory duty on the part of any third party all payments made to the Executive by the Company Employer by way of remuneration shall to the extent that compensation is recoverable from that third party constitute loans by the Company to the Executive (notwithstanding that as an interim measure income tax has been deducted from payments as if they were emoluments of employment) and shall be repaid when and to the extent that the Executive recovers compensation for loss of earnings from that third party by action or otherwise. 16.618.6. The Company will maintain on behalf of the Executive the permanent health insurance scheme currently in place during the term of this Agreement.

SICKNESS OR INJURY. 16.1. The Executive agrees that at any time during 9.1 If, in the course opinion of the Employment he shall at the request of the Company submit himself to a medical examination by a registered medical practitioner nominated by the Company. The purpose of such medical examination shall be to determine whether there are any matters which might impair the Executive's ability to perform his duties under this Agreement and accordingly the Executive shall give such authority as is required for the Company's nominated doctor to disclose to the Company the findings. All expenses associated with obtaining the report will be borne by the Company. 16.2. In the event that Board, the Executive is unable to perform his duties under this Agreement properly for a period, or periods, not exceeding three months (whether or not any days not worked are normal working days) in aggregate in any period of twelve months (the "Aggregate Period") by reason of illness or injury then he shall be entitled during that time to receive his full salary and other benefits except that notwithstanding any other terms of this agreement the Executive shall not be entitled to receive bonus or any other performance related benefits. Thereafter any payment shall be subject to, and in accordance with, the terms of the PHI Scheme and clause 5. 9.2 If the Executive is prevented by any of the factors mentioned in clause 9.1 from performing his duties properly he shall report this fact promptly to the Company's personnel department by telephone on the first morning of absence or as soon as reasonably practical thereafter. He must complete a self-certification sickness form on his return and deliver it to the personnel department. If the absence continues for five or more working days he shall provide an appropriate medical certificate from his doctor in the manner required by the rules of the Company. Thereafter the Executive shall submit a further appropriate medical certificate at weekly intervals during the whole period of absence. 9.3 Payment of any remuneration to the Executive under clause 9.1 is conditional upon the prompt compliance by the Executive of his obligations under clauses 9.2 and 9.5 as well as with any other rules of the Company from time to time in force relating to sickness or injury. 9.4 Statutory sick pay ("SSP") will be paid by the Company in accordance with and subject to the Executive's compliance with the legislation in force at the time of absence. Any payment of remuneration under clause 9.1 for a day of absence will discharge its obligation to pay SSP for that day. 9.5 At any time during the Employment the Company may require the Executive to be medically examined at the Company's expense by a medical practitioner nominated by the Company and the Executive agrees that a report of that examination may be provided to the Board. 9.6 If, in the opinion of the Board, the Executive is or has been unable to perform his duties properly by reason of illness or injury for a period or periods exceeding six months or if the Board at any time has reason to believe that because of seven any such cause the Executive may be unable properly to perform his duties for a period or periods of six months or more (7) days or moreover any consecutive 12 month period including past periods of incapacity), the Executive Company shall if required be entitled at any time to do so by the Company provide the Company with a medical certificate in respect of the whole period of the absence. Immediately following his return from any period of absence the Executive shall complete a self-certification form detailing the reason for the absence. 16.3. During the Executive's first ten (10) weeks of absence he will receive ninety percent (90%) of his average weekly earnings calculated by taking the total of his earnings over the previous twelve months and dividing the same by fifty two (52). At the end of such ten (10) week period any further payment will only be made give to the Executive at the discretion not less than twelve (12) months' notice of termination of the Board. 16.4. The Company shall have Employment less the right to deduct from aggregate of any periods during which he has been paid salary under clause 9.1 during the remuneration paid twelve months prior to the Executive any statutory sick pay or other social security benefits which he is entitled to claim in consequence giving of sickness or accident or payable to him under any scheme for the time being in force of which by virtue of his employment by the Company he is a non-contributory member. 16.5. In the event such notice notwithstanding that the Executive is incapable or may be entitled to benefit under the terms of performing his duties the Company's permanent health insurance scheme. 9.7 If the Executive's absence is caused by reason the actionable negligence of injury sustained wholly a third party in respect of which damages are recoverable, then all sums paid by the Company shall constitute loans to the Executive, who shall: Back to Contents (a) forthwith notify the Company of all the relevant circumstances and of any claim, compromise, settlement or partially judgment made or awarded as a result of actionable negligence such negligence; (b) if the Company so requires, refund to the Company such sum as the Company may determine, not exceeding the lesser of: (i) the amount of damages recovered by the Executive under any compromise, settlement or breach of any statutory duty on judgment; and (ii) the part of any third party all payments made sums advanced to the Executive by the Company by way of remuneration shall to the extent that compensation is recoverable from that third party constitute loans by the Company to the Executive (notwithstanding that as an interim measure income tax has been deducted from payments as if they were emoluments of employment) and shall be repaid when and to the extent that the Executive recovers compensation for loss of earnings from that third party by action or otherwise. 16.6. The Company will maintain on behalf in respect of the Executive the permanent health insurance scheme currently in place during the term period of this Agreementincapacity.

SICKNESS OR INJURY. 16.117.1. The Executive agrees that at any time during the course of the Employment he shall at the request of the Company submit himself to a medical examination by a registered medical practitioner nominated by the Company. The purpose of such medical examination shall be to determine whether there are any matters which might impair the Executive's ability to perform his duties under this Agreement and accordingly the Executive shall give such authority as is required for the Company's nominated doctor to disclose to the Company the findings. All expenses associated with obtaining the report will be borne by the Company. 16.217.2. In the event that the Executive is unable to perform his duties under this Agreement by reason of sickness or injury for a period of seven (7) days or more, the Executive shall if required to do so by the Company provide the Company with a medical certificate in respect of the whole period of the absence. Immediately following his return from any period of absence the Executive shall complete a self-certification form detailing the reason for the absence. 16.317.3. During the Executive's first ten (10) weeks of absence he will receive ninety percent (90%) of his average weekly earnings calculated by taking the total of his earnings over the previous twelve months and dividing the same by fifty two (52). At the end of such ten (10) week period any further payment will only be made to the Executive at the discretion of the Board. 16.417.4. The Company shall have the right to deduct from the remuneration paid to the Executive any statutory sick pay or other social security benefits which he is entitled to claim in consequence of sickness or accident or payable to him under any scheme for the time being in force of which by virtue of his employment by the Company he is a non-contributory member. 16.517.5. In the event that the Executive is incapable of performing his duties by reason of injury sustained wholly or partially as a result of actionable negligence or breach of any statutory duty on the part of any third party all payments made to the Executive by the Company by way of remuneration shall to the extent that compensation is recoverable from that third party constitute loans by the Company to the Executive (notwithstanding that as an interim measure income tax has been deducted from payments as if they were emoluments of employment) and shall be repaid when and to the extent that the Executive recovers compensation for loss of earnings from that third party by action or otherwise. 16.617.6. The Company will maintain on behalf of the Executive the permanent health insurance scheme currently in place during the term of this Agreement.