Common use of Suspension for Disability Clause in Contracts

Suspension for Disability. (a) If, during the Term of Employment, the Executive shall either qualify to receive disability benefits under any group long-term disability plan then maintained by the Employers or, if no such plan is maintained by the Employers, have been absent from his duties with the Employers on a full-time basis due to physical or mental illness for six (6) consecutive months, and in either case shall not have returned to the full-time performance of his duties within thirty (30) days after written notice of potential suspension has been given to the Executive by the Employers, then the Executive’s employment shall be deemed to be suspended on the basis of disability (a “Suspension for Disability”). (b) If a Suspension for Disability occurs during the Term of Employment, the Employers shall pay the Executive an amount equal, on a per annum basis, to seventy-five percent (75%) of the Executive’s Highest Annual Compensation as determined on the effective date of the Suspension for Disability (assuming, for purposes of such determination, that the effective date of the Suspension for Disability is the Date of Termination as referred to in the definition of Highest Annual Compensation), such amount to be paid out in equal periodic installments in accordance with the Employers’ ordinary payroll practices during the period that such payments are required to be made under this Section 6.2(b). These payments shall commence on the first ordinary payroll payment date of the Employers after the effective date of the Executive’s Suspension for Disability and will end on the earliest to occur of the following: (i) the date on which the Executive returns to full-time employment with the Employers; (ii) the Executive’s death; or (iii) the termination by either party, or the expiration, of the Term of Employment in accordance with the terms of this Agreement. After a Suspension for Disability occurs, the Employers shall be free to fill the Executive’s positions. Upon the Executive being able to return to full-time employment before any termination or the expiration of the Term of Employment, the Executive shall, at his option, (i) assume the President and Chief Operating Officer positions of the Bank or, if another individual is then holding either of such positions and the Executive is not reappointed to both such positions, assume such other position(s) as may be available with the Employers at the same Base Salary as was in effect at the time the Suspension for Disability had commenced and otherwise continue in the employ of the Employers in accordance with the terms of this Agreement or (ii) if another individual is then holding either of such positions and the Executive is not reappointed to both such positions, exercise his right to terminate this Agreement for Good Reason under Section 6.4 of this Agreement. The disability payments to be paid to the Executive during a Suspension for Disability under this Section 6.2(b) shall be in addition to any payments or other benefits payable to the Executive under any qualified or nonqualified retirement plans or programs maintained by the Employers but shall be reduced by any payments received by the Executive during such Suspension for Disability under any group long-term disability plan maintained by the Employers. Notwithstanding any other provision contained in this Agreement to the contrary, the occurrence of a Suspension of Disability shall not in any way prevent or otherwise limit the parties’ exercising any of their respective rights to terminate the Term of Employment at any time in accordance with the terms of this Agreement. (c) The Employers shall cause to be continued during any Suspension for Disability all life, health and other welfare coverages and benefits as were maintained by the Employers for the benefit of the Executive and his spouse and other eligible dependents prior to the occurrence of such Suspension for Disability, such continuation to continue, subject to Section 6.2(d) of this Agreement, until the expiration of the Term of Employment. (d) Notwithstanding any other provision to the contrary in this Section 6.2, there shall be no reduction in the compensation (except as otherwise provided in Section 6.2(b) above), accrued benefits or pension granted or accruing to the Executive during the period of any Suspension for Disability and there shall be no abrogation or limitation of any of the other provisions of this Agreement that grant rights to the Executive or the Executive’s spouse or other eligible dependents or the Executive’s estate following the Executive’s death, Retirement or other applicable termination of employment during the Term of Employment as a result of any Suspension for Disability.

Appears in 1 contract

Samples: Employment Agreement (Enterprise Bancorp Inc /Ma/)

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Suspension for Disability. (a) If, during the Term of Employment, the Executive shall either qualify to receive disability benefits under any group long-term disability plan then maintained by the Employers or, if no such plan is maintained by the Employers, have been absent from his duties with the Employers hereunder on a full-time basis due to physical or mental illness for six (6) consecutive months, and in either case the Bank may give thirty (30) days written notice of potential suspension. If the Executive shall not have returned to the full-time performance of his duties within thirty (such 30) days after written notice of potential suspension has been given to -day period, the Executive by the Employers, then Bank may suspend the Executive’s 's employment shall be deemed to be suspended on the basis of disability for "Disability" (a "Suspension for Disability"). (b) If a Suspension for Disability occurs during the Term of Employment, the Employers shall Bank will pay the Executive an amount equal, on a per annum basis, bi-weekly payment equal to seventytwo-five percent thirds (75%2/3) of the Executive’s Highest Annual Compensation as determined 's bi-weekly rate of Base Salary on the effective date of the Suspension for Disability (assuming, for purposes of such determination, that the effective date of the Suspension for Disability is the Date of Termination as referred to in the definition of Highest Annual Compensation), such amount to be paid out in equal periodic installments in accordance with the Employers’ ordinary payroll practices during the period that such payments are required to be made under this Section 6.2(b)Disability. These payments shall commence on the first ordinary payroll payment date of the Employers after the effective date of the Executive’s 's Suspension for Disability and will end on the earliest to occur earlier of the following: (i) the date on which the Executive returns to full-time employment with the Employershereunder; (ii) the Executive’s 's equivalent full-time employment by another employer; (iii) the Executive's death; or (iiiiv) the termination by either party, expiration or the expiration, earlier end of the Term of Employment in accordance with (the terms "Term of this AgreementSuspension"). After a Suspension for Disability occurs, the Employers Bank shall be free to fill the Executive’s positions's position, but such action by the Bank, shall constitute Good Reason if it occurs after a Change in Control. Upon the Executive being able to return to full-time employment hereunder before any termination or the expiration or end of the Term of Employment, the Executive shall, at his option, (i) assume the President and Chief Operating Officer positions of the Bank or, if another individual is then holding either of such positions and the Executive is not reappointed to both such positions, assume such other position(s) as may shall be offered an equivalent available with the Employers at the same Base Salary as was in effect at the time the Suspension for Disability had commenced position and otherwise continue in be subject to the employ of the Employers in accordance with the terms of this Agreement or (ii) if another individual is then holding either of such positions and the Executive is not reappointed to both such positions, exercise his right to terminate this Agreement for Good Reason under Section 6.4 provisions of this Agreement. The disability payments to be paid to the Executive during a Suspension for Disability under this Section 6.2(b) shall hereunder will be in addition to any payments or other benefits benefit payable to the Executive under from any qualified or nonqualified retirement plans or programs maintained by the Employers Corporation and/or the Bank but shall will be reduced by any payments received by the Executive during on account of such Suspension for Disability disability under any group long-term disability plan maintained by for the Employers. Notwithstanding any other provision contained in this Agreement to Corporation's and/or the contrary, the occurrence of a Suspension of Disability shall not in any way prevent or otherwise limit the parties’ exercising any of their respective rights to terminate the Term of Employment at any time in accordance with the terms of this AgreementBank's employees. (c) The Employers shall During the Term of Suspension, the Bank will cause to be continued during any Suspension for Disability all life, life and health coverage and such other welfare coverages benefits substantially identical to the coverage and benefits as were maintained by the Employers Bank for the benefit of the Executive and his spouse and other eligible dependents prior to the occurrence of such any Suspension for Disability, such continuation to continue, subject to Section 6.2(d) of this Agreement, until the expiration of the Term of Employment. (d) Notwithstanding any other provision to the contrary in this Section 6.2foregoing, there shall will be no reduction in the compensation (except as otherwise provided in Section 6.2(b) above), accrued benefits or pension granted or accruing to the Executive during the period Term of any Suspension for Disability and there Suspension. Nothing in this Section 6.2 shall be no abrogation abrogate or limitation of any of the limit other provisions of this Agreement that grant granting rights to the Executive or the Executive’s 's spouse or other eligible dependents or the Executive’s 's estate following the Executive’s death, Retirement or other applicable termination of employment during the Term of Employment as a result of any Suspension for Disabilitytermination, if applicable.

Appears in 1 contract

Samples: Employment Agreement (Long Island Bancorp Inc)

Suspension for Disability. (a) If, during the Term of Employment, the Executive shall either qualify to receive disability benefits under any group long-term disability plan then maintained by the Employers or, if no such plan is maintained by the Employers, have been absent from his her duties with the Employers hereunder on a full-time basis due to physical or mental illness for six (6) consecutive months, and in either case the Bank may give thirty (30) days written notice of potential suspension. If the Executive shall not have returned to the full-time performance of his her duties within thirty (such 30) days after written notice of potential suspension has been given to -day period, the Executive by the Employers, then Bank may suspend the Executive’s 's employment shall be deemed to be suspended on the basis of disability for "Disability" (a "Suspension for Disability"). (b) If a Suspension for Disability occurs during the Term of Employment, the Employers shall Bank will pay the Executive an amount equal, on a per annum basis, bi-weekly payment equal to seventytwo-five percent thirds (75%2/3) of the Executive’s Highest Annual Compensation as determined 's bi-weekly rate of Base Salary on the effective date of the Suspension for Disability (assuming, for purposes of such determination, that the effective date of the Suspension for Disability is the Date of Termination as referred to in the definition of Highest Annual Compensation), such amount to be paid out in equal periodic installments in accordance with the Employers’ ordinary payroll practices during the period that such payments are required to be made under this Section 6.2(b)Disability. These payments shall commence on the first ordinary payroll payment date of the Employers after the effective date of the Executive’s 's Suspension for Disability and will end on the earliest to occur earlier of the following: (i) the date on which the Executive returns to full-time employment with the Employershereunder; (ii) the Executive’s 's equivalent full-time employment by another employer; (iii) the Executive's retirement; (iv) the Executive's death; or (iiiv) the termination by either party, expiration or the expiration, earlier end of the Term of Employment in accordance with (the terms "Term of this AgreementSuspension"). After a Suspension for Disability occurs, the Employers Bank shall be free to fill the Executive’s positions's position, but such action by the Bank, shall constitute Good Reason if it occurs after a Change in Control. Upon the Executive being able to return to full-time employment hereunder before any termination or the expiration or end of the Term of Employment, the Executive shall, at his option, (i) assume the President and Chief Operating Officer positions of the Bank or, if another individual is then holding either of such positions and the Executive is not reappointed to both such positions, assume such other position(s) as may shall be offered an equivalent available with the Employers at the same Base Salary as was in effect at the time the Suspension for Disability had commenced position and otherwise continue in be subject to the employ of the Employers in accordance with the terms of this Agreement or (ii) if another individual is then holding either of such positions and the Executive is not reappointed to both such positions, exercise his right to terminate this Agreement for Good Reason under Section 6.4 provisions of this Agreement. The disability payments to be paid to the Executive during a Suspension for Disability under this Section 6.2(b) shall hereunder will be in addition to any payments or other benefits benefit payable to the Executive under from any qualified or nonqualified retirement plans or programs maintained by the Employers Corporation and/or the Bank but shall will be reduced by any payments received by the Executive during on account of such Suspension for Disability disability under any group long-term disability plan maintained by for the Employers. Notwithstanding any other provision contained in this Agreement to Corporation's and/or the contrary, the occurrence of a Suspension of Disability shall not in any way prevent or otherwise limit the parties’ exercising any of their respective rights to terminate the Term of Employment at any time in accordance with the terms of this AgreementBank's employees. (c) The Employers shall During the Term of Suspension, the Bank will cause to be continued during any Suspension for Disability all life, life and health coverage and such other welfare coverages benefits substantially identical to the coverage and benefits as were maintained by the Employers Bank for the benefit of the Executive and his spouse and other eligible dependents prior to the occurrence of such any Suspension for Disability, such continuation to continue, subject to Section 6.2(d) of this Agreement, until the expiration of the Term of Employment. (d) Notwithstanding any other provision to the contrary in this Section 6.2foregoing, there shall will be no reduction in the compensation (except as otherwise provided in Section 6.2(b) above), accrued benefits or pension granted or accruing to the Executive during the period Term of any Suspension for Disability and there Suspension. Nothing in this Section 6.2 shall be no abrogation abrogate or limitation of any of the limit other provisions of this Agreement that grant granting rights to the Executive or the Executive’s 's spouse or other eligible dependents or the Executive’s 's estate following the Executive’s death, Retirement retirement or other applicable termination of employment during the Term of Employment as a result of any Suspension for Disabilitytermination, if applicable.

Appears in 1 contract

Samples: Employment Agreement (Long Island Bancorp Inc)

Suspension for Disability. (a) If, during the Term of Employment, the Executive shall either qualify to receive disability benefits under any group long-term disability plan then maintained by the Employers or, if no such plan is maintained by the Employers, have been absent from his duties with the Employers on a full-time basis due to physical or mental illness for six (6) consecutive months, and in either case shall not have returned to the full-time performance of his duties within thirty (30) days after written notice of potential suspension has been given to the Executive by the Employers, then the Executive’s employment shall be deemed to be suspended on the basis of disability (a “Suspension for Disability”). (b) If a Suspension for Disability occurs during the Term of Employment, the Employers shall pay the Executive an amount equal, on a per annum basis, to seventy-five percent (75%) of the Executive’s Highest Annual Compensation as determined on the effective date of the Suspension for Disability (assuming, for purposes of such determination, that the effective date of the Suspension for Disability is the Date of Termination as referred to in the definition of Highest Annual Compensation), such amount to be paid out in equal periodic installments in accordance with the Employers’ ordinary payroll practices during the period that such payments are required to be made under this Section 6.2(b). These payments shall commence on the first ordinary payroll payment date of the Employers after the effective date of the Executive’s Suspension for Disability and will end on the earliest to occur of the following: (i) the date on which the Executive returns to full-time employment with the Employers; (ii) the Executive’s death; or (iii) the termination by either party, or the expiration, of the Term of Employment in accordance with the terms of this Agreement. After a Suspension for Disability occurs, the Employers shall be free to fill the Executive’s positions. Upon the Executive being able to return to full-time employment before any termination or the expiration of the Term of Employment, the Executive shall, at his option, (i) assume the President Chairman and Chief Operating Executive Officer positions of the Bank Employers or, if another individual is then holding either any of such positions and the Executive is not reappointed to both all such positions, assume such other position(s) as may be available with the Employers at the same Base Salary as was in effect at the time the Suspension for Disability had commenced and otherwise continue in the employ of the Employers in accordance with the terms of this Agreement or (ii) if another individual is then holding either any of such positions and the Executive is not reappointed to both all such positions, exercise his right to terminate this Agreement for Good Reason under Section 6.4 of this Agreement. The disability payments to be paid to the Executive during a Suspension for Disability under this Section 6.2(b) shall be in addition to any payments or other benefits payable to the Executive under any qualified or nonqualified retirement plans or programs maintained by the Employers but shall be reduced by any payments received by the Executive during such Suspension for Disability under any group long-term disability plan maintained by the Employers. Notwithstanding any other provision contained in this Agreement to the contrary, the occurrence of a Suspension of Disability shall not in any way prevent or otherwise limit the parties’ exercising any of their respective rights to terminate the Term of Employment at any time in accordance with the terms of this Agreement. (c) The Employers shall cause to be continued during any Suspension for Disability all life, health and other welfare coverages and benefits as were maintained by the Employers for the benefit of the Executive and his spouse and other eligible dependents prior to the occurrence of such Suspension for Disability, such continuation to continue, subject to Section 6.2(d) of this Agreement, until the expiration of the Term of Employment. (d) Notwithstanding any other provision to the contrary in this Section 6.2, there shall be no reduction in the compensation (except as otherwise provided in Section 6.2(b) above), accrued benefits or pension granted or accruing to the Executive during the period of any Suspension for Disability and there shall be no abrogation or limitation of any of the other provisions of this Agreement that grant rights to the Executive or the Executive’s spouse or other eligible dependents or the Executive’s estate following the Executive’s death, Retirement or other applicable termination of employment during the Term of Employment as a result of any Suspension for Disability.

Appears in 1 contract

Samples: Employment Agreement (Enterprise Bancorp Inc /Ma/)

Suspension for Disability. (a) If, during the Term of Employment, the Executive shall either qualify to receive disability benefits under any group long-term disability plan then maintained by the Employers or, if no such plan is maintained by the Employers, have been absent from his duties with the Employers hereunder on a full-time basis due to physical or mental illness for six (6) consecutive months, and in either case the Corporation may give thirty (30) days written notice of potential suspension. If the Executive shall not have returned to the full-time performance of his duties within thirty (such 30) days after written notice of potential suspension has been given to -day period, the Executive by the Employers, then Corporation may suspend the Executive’s 's employment shall be deemed to be suspended on the basis of disability for "Disability" (a "Suspension for Disability"). (b) If a Suspension for Disability occurs during the Term of Employment, the Employers shall Corporation will pay the Executive an amount equal, on a per annum basis, bi-weekly payment equal to seventytwo-five percent thirds (75%2/3) of the Executive’s Highest Annual Compensation as determined 's bi-weekly rate of Base Salary on the effective date of the Suspension for Disability (assuming, for purposes of such determination, that the effective date of the Suspension for Disability is the Date of Termination as referred to in the definition of Highest Annual Compensation), such amount to be paid out in equal periodic installments in accordance with the Employers’ ordinary payroll practices during the period that such payments are required to be made under this Section 6.2(b)Disability. These payments shall commence on the first ordinary payroll payment date of the Employers after the effective date of the Executive’s 's Suspension for Disability and will end on the earliest to occur earlier of the following: (i) the date on which the Executive returns to full-time employment with the Employershereunder; (ii) the Executive’s 's equivalent full-time employment by another employer; (iii) the Executive's death; or (iiiiv) the termination by either party, expiration or the expiration, earlier end of the Term of Employment in accordance with (the terms "Term of this AgreementSuspension"). After a Suspension for Disability occurs, the Employers Corporation shall be free to fill the Executive’s positions's position(s), but such action by the Corporation, shall constitute Good Reason if it occurs after a Change in Control. Upon the Executive being able to return to full-time employment hereunder before any termination or the expiration of the Term of Employment, the Executive shall, at his option, (i) assume the President and Chief Operating Officer positions of the Bank or, if another individual is then holding either of such positions and the Executive is not reappointed to both such positions, assume such other position(s) as may shall be offered an equivalent available with the Employers at the same Base Salary as was in effect at the time the Suspension for Disability had commenced position and otherwise continue in be subject to the employ of the Employers in accordance with the terms of this Agreement or (ii) if another individual is then holding either of such positions and the Executive is not reappointed to both such positions, exercise his right to terminate this Agreement for Good Reason under Section 6.4 provisions of this Agreement. The disability payments to be paid to the Executive during a Suspension for Disability under this Section 6.2(b) shall hereunder will be in addition to any payments or other benefits benefit payable to the Executive under from any qualified or nonqualified retirement plans or programs maintained by the Employers Corporation and/or the Bank but shall will be reduced by any payments received by the Executive during on account of such Suspension for Disability disability under any group long-term disability plan maintained by for the Employers. Notwithstanding any other provision contained in this Agreement to Corporation's and/or the contrary, the occurrence of a Suspension of Disability shall not in any way prevent or otherwise limit the parties’ exercising any of their respective rights to terminate the Term of Employment at any time in accordance with the terms of this AgreementBank's employees. (c) The Employers shall During the Term of Suspension, the Corporation will cause to be continued during any Suspension for Disability all life, life and health coverage and such other welfare coverages benefits substantially identical to the coverage and benefits as were maintained by the Employers Corporation and/or the Bank for the benefit of the Executive and his spouse and other eligible dependents prior to the occurrence of such any Suspension for Disability, such continuation to continue, subject to Section 6.2(d) of this Agreement, until the expiration of the Term of Employment. (d) Notwithstanding any other provision to the contrary in this Section 6.2foregoing, there shall will be no reduction in the compensation (except as otherwise provided in Section 6.2(b) above), accrued benefits or pension granted or accruing to the Executive during the period Term of any Suspension for Disability and there Suspension. Nothing in this Section 6.2 shall be no abrogation abrogate or limitation of any of the limit other provisions of this Agreement that grant granting rights to the Executive or the Executive’s 's spouse or other eligible dependents or the Executive’s 's estate following the Executive’s death, Retirement retirement or other applicable termination of employment during the Term of Employment as a result of any Suspension for Disabilitytermination, if applicable.

Appears in 1 contract

Samples: Employment Agreement (Long Island Bancorp Inc)

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Suspension for Disability. (a) If, during the Term of Employment, the Executive shall either qualify to receive disability benefits under any group long-term disability plan then maintained by the Employers or, if no such plan is maintained by the Employers, have been absent from his her duties with the Employers hereunder on a full-time basis due to physical or mental illness for six (6) consecutive months, and in either case the Corporation may give thirty (30) days written notice of potential suspension. If the Executive shall not have returned to the full-time performance of his her duties within thirty (such 30) days after written notice of potential suspension has been given to -day period, the Executive by the Employers, then Corporation may suspend the Executive’s 's employment shall be deemed to be suspended on the basis of disability for "Disability" (a "Suspension for Disability"). (b) If a Suspension for Disability occurs during the Term of Employment, the Employers shall Corporation will pay the Executive an amount equal, on a per annum basis, bi-weekly payment equal to seventytwo-five percent thirds (75%2/3) of the Executive’s Highest Annual Compensation as determined 's bi-weekly rate of Base Salary on the effective date of the Suspension for Disability (assuming, for purposes of such determination, that the effective date of the Suspension for Disability is the Date of Termination as referred to in the definition of Highest Annual Compensation), such amount to be paid out in equal periodic installments in accordance with the Employers’ ordinary payroll practices during the period that such payments are required to be made under this Section 6.2(b)Disability. These payments shall commence on the first ordinary payroll payment date of the Employers after the effective date of the Executive’s 's Suspension for Disability and will end on the earliest to occur earlier of the following: (i) the date on which the Executive returns to full-time employment with the Employershereunder; (ii) the Executive’s 's equivalent full-time employment by another employer; (iii) the Executive's retirement; (iv) the Executive's death; or (iiiv) the termination by either party, expiration or the expiration, earlier end of the Term of Employment in accordance with (the terms "Term of this AgreementSuspension"). After a Suspension for Disability occurs, the Employers Corporation shall be free to fill the Executive’s positions's position(s), but such action by the Corporation, shall constitute Good Reason if it occurs after a Change in Control. Upon the Executive being able to return to full-time employment hereunder before any termination or the expiration of the Term of Employment, the Executive shall, at his option, (i) assume the President and Chief Operating Officer positions of the Bank or, if another individual is then holding either of such positions and the Executive is not reappointed to both such positions, assume such other position(s) as may shall be offered an equivalent available with the Employers at the same Base Salary as was in effect at the time the Suspension for Disability had commenced position and otherwise continue in be subject to the employ of the Employers in accordance with the terms of this Agreement or (ii) if another individual is then holding either of such positions and the Executive is not reappointed to both such positions, exercise his right to terminate this Agreement for Good Reason under Section 6.4 provisions of this Agreement. The disability payments to be paid to the Executive during a Suspension for Disability under this Section 6.2(b) shall hereunder will be in addition to any payments or other benefits benefit payable to the Executive under from any qualified or nonqualified retirement plans or programs maintained by the Employers Corporation and/or the Bank but shall will be reduced by any payments received by the Executive during on account of such Suspension for Disability disability under any group long-term disability plan maintained by the Employers. Notwithstanding any other provision contained in this Agreement to the contrary, the occurrence of a Suspension of Disability shall not in any way prevent or otherwise limit the parties’ exercising any of their respective rights to terminate the Term of Employment at any time in accordance with the terms of this Agreement. (c) The Employers shall cause to be continued during any Suspension for Disability all life, health and other welfare coverages and benefits as were maintained by the Employers for the benefit of Corporation's and/or the Executive and his spouse and other eligible dependents prior to the occurrence of such Suspension for Disability, such continuation to continue, subject to Section 6.2(d) of this Agreement, until the expiration of the Term of EmploymentBank's employees. (d) Notwithstanding any other provision to the contrary in this Section 6.2, there shall be no reduction in the compensation (except as otherwise provided in Section 6.2(b) above), accrued benefits or pension granted or accruing to the Executive during the period of any Suspension for Disability and there shall be no abrogation or limitation of any of the other provisions of this Agreement that grant rights to the Executive or the Executive’s spouse or other eligible dependents or the Executive’s estate following the Executive’s death, Retirement or other applicable termination of employment during the Term of Employment as a result of any Suspension for Disability.

Appears in 1 contract

Samples: Employment Agreement (Long Island Bancorp Inc)

Suspension for Disability. (a) If, during the Term of Employment, the Executive shall either qualify to receive disability benefits under any group long-term disability plan then maintained by the Employers or, if no such plan is maintained by the Employers, have been absent from his duties with the Employers on a full-time basis due to physical or mental illness for six (6) consecutive months, and in either case shall not have returned to the full-time performance of his duties within thirty (30) days after written notice of potential suspension has been given to the Executive by the Employers, then the Executive’s employment shall be deemed to be suspended on the basis of disability (a “Suspension for Disability”). (b) If a Suspension for Disability occurs during the Term of Employment, the Employers shall pay the Executive an amount equal, on a per annum basis, to seventy-five percent (75%) of the Executive’s Highest Annual Compensation as determined on the effective date of the Suspension for Disability (assuming, for purposes of such determination, that the effective date of the Suspension for Disability is the Date of Termination as referred to in the definition of Highest Annual Compensation), such amount to be paid out in equal periodic installments in accordance with the Employers’ ordinary payroll practices during the period that such payments are required to be made under this Section 6.2(b). These payments shall commence on the first ordinary payroll payment date of the Employers after the effective date of the Executive’s Suspension for Disability and will end on the earliest to occur of the following: (i) the date on which the Executive returns to full-time employment with the Employers; (ii) the Executive’s death; or (iii) the termination by either party, or the expiration, of the Term of Employment in accordance with the terms of this Agreement. After a Suspension for Disability occurs, the Employers shall be free to fill the Executive’s positions. Upon the Executive being able to return to full-time employment before any termination or the expiration of the Term of Employment, the Executive shall, at his option, (i) assume the President and Chief Operating Officer positions Treasurer position of the Company and Executive Vice President and Treasurer position of the Bank or, if another individual is then holding either of such positions and the Executive is not reappointed to both such positions, assume such other position(s) as may be available with the Employers at the same Base Salary as was in effect at the time the Suspension for Disability had commenced and otherwise continue in the employ of the Employers in accordance with the terms of this Agreement or (ii) if another individual is then holding either of such positions and the Executive is not reappointed to both such positions, exercise his right to terminate this Agreement for Good Reason under Section 6.4 of this Agreement. The disability payments to be paid to the Executive during a Suspension for Disability under this Section 6.2(b) shall be in addition to any payments or other benefits payable to the Executive under any qualified or nonqualified retirement plans or programs maintained by the Employers but shall be reduced by any payments received by the Executive during such Suspension for Disability under any group long-term disability plan maintained by the Employers. Notwithstanding any other provision contained in this Agreement to the contrary, the occurrence of a Suspension of Disability shall not in any way prevent or otherwise limit the parties’ exercising any of their respective rights to terminate the Term of Employment at any time in accordance with the terms of this Agreement. (c) The Employers shall cause to be continued during any Suspension for Disability all life, health and other welfare coverages and benefits as were maintained by the Employers for the benefit of the Executive and his spouse and other eligible dependents prior to the occurrence of such Suspension for Disability, such continuation to continue, subject to Section 6.2(d) of this Agreement, until the expiration of the Term of Employment. (d) Notwithstanding any other provision to the contrary in this Section 6.2, there shall be no reduction in the compensation (except as otherwise provided in Section 6.2(b) above), accrued benefits or pension granted or accruing to the Executive during the period of any Suspension for Disability and there shall be no abrogation or limitation of any of the other provisions of this Agreement that grant rights to the Executive or the Executive’s spouse or other eligible dependents or the Executive’s estate following the Executive’s death, Retirement or other applicable termination of employment during the Term of Employment as a result of any Suspension for Disability.

Appears in 1 contract

Samples: Employment Agreement (Enterprise Bancorp Inc /Ma/)

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