Common use of Termination as a Result of Death or Disability Clause in Contracts

Termination as a Result of Death or Disability. The Executive’s employment with the Company shall terminate automatically upon the Executive’s death during the Employment Term. If the Disability of the Executive has occurred during the Employment Term (pursuant to the definition of “Disability” set forth below), the Company may give to the Executive written notice of its intention to terminate the Executive’s employment. In such event, the Executive’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Company (the “Disability Effective Date”), provided that, within the 30 days after receipt of notice, the Executive shall not have returned to substantial performance of the Executive’s duties. For purposes of this Agreement, “Disability” shall mean the absence of the Executive from the Executive’s duties with the Company for 120 consecutive days, or a total of 180 days in any 12-month period, as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician jointly selected by the Company and the Executive or the Executive’s legal representative, or, if the parties cannot agree on the selection of such physician then each shall choose a physician and the two physicians shall jointly select a physician to make such binding determination.

Termination as a Result of Death or Disability. The Executive’s employment with the Company shall terminate automatically upon the Executive’s death during the Employment Term. If the Disability of the Executive has occurred during the Employment Term (pursuant to the definition of “Disability” set forth below), the Company may give to the Executive written notice of its intention to terminate the Executive’s employment. In such event, the Executive’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Company (the “Disability Effective Date”), provided that, within the 30 days after receipt of notice, the Executive shall not have returned to substantial performance of the Executive’s duties. For purposes of this Agreement, “Disability” shall mean the absence of the Executive from the Executive’s duties with the Company for 120 consecutive days, or a total of 180 days in any 12-month period, as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician jointly selected by the Company and the Executive or the Executive’s legal representative, or, or if the parties cannot agree on the selection of such physician then each shall choose a physician and the two physicians shall jointly select a physician to make such binding determination.

Termination as a Result of Death or Disability. The Executive’s employment with the Company shall terminate automatically upon the Executive’s death during the Employment Term. If the Disability of the Executive has occurred during the Employment Term (pursuant to the definition of “Disability” set forth below), the Company may give to the Executive written notice of its intention to terminate the Executive’s employment. In such event, the Executive’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Company Board (the “Disability Effective Date”), provided that, within the 30 days after receipt of notice, the Executive shall not have returned to substantial performance of the Executive’s duties. For purposes of this Agreement, “Disability” shall mean the absence of the Executive from the Executive’s duties with the Company for 120 consecutive days, or a total of 180 days in any 12-month period, as a result of incapacity due to mental or physical illness which that is determined to be total and permanent by a physician jointly selected by the Company and the Executive or the Executive’s legal representative, or, if the parties cannot agree on the selection of such physician then each shall choose a physician and the two physicians shall jointly select a physician to make such binding determination.

Termination as a Result of Death or Disability. The Executive’s 's ---------------------------------------------- employment with the Company shall terminate automatically upon the Executive’s 's death during the Employment Term. If the Disability of the Executive has occurred during the Employment Term (pursuant to the definition of “"Disability” " set forth below), the Company may give to the Executive written notice of its intention to terminate the Executive’s 's employment. In such event, the Executive’s 's employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Company (the “"Disability Effective Date”"), provided that, within the 30 days after receipt of notice, the Executive shall not have returned to substantial performance of the Executive’s 's duties. For purposes of this Agreement, “"Disability” " shall mean the absence of the Executive from the Executive’s 's duties with the Company for 120 consecutive days, or a total of 180 days in any 12-month period, as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician jointly selected by the Company and the Executive or the Executive’s 's legal representative, or, or if the parties cannot agree on the selection of such physician then each shall choose a physician and the two physicians shall jointly select a physician to make such binding determination.

Termination as a Result of Death or Disability. The Executive’s 's employment with the Company shall terminate automatically upon the Executive’s 's death during the Employment Term. If the Disability of the Executive has occurred during the Employment Term (pursuant to the definition of “"Disability” " set forth below), the Company may give to the Executive written notice of its intention to terminate the Executive’s 's employment. In such event, the Executive’s 's employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Company (the “"Disability Effective Date”"), provided that, within the 30 days after receipt of notice, the Executive shall not have returned to substantial performance of the Executive’s 's duties. For purposes of this Agreement, “"Disability” " shall mean the absence of the Executive from the Executive’s 's duties with the Company for 120 consecutive days, or a total of 180 days in any 12-month period, as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician jointly selected by the Company and the Executive or the Executive’s 's legal representative, or, or if the parties cannot agree on the selection of such physician then each shall choose a physician and the two physicians shall jointly select a physician to make such binding determination.

Termination as a Result of Death or Disability. The Executive’s employment with the Company shall terminate automatically upon the Executive’s death during the Employment Term. If the Disability of the Executive has occurred during the Employment Term (pursuant to the definition of “Disability” set forth below), the Company may give to the Executive written notice of its intention to terminate the Executive’s employment. In such event, the Executive’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Company (the “Disability Effective Date”), provided that, within the 30 days after receipt of notice, the Executive shall not have returned to substantial performance of the Executive’s duties. For purposes of this Agreement, “Disability” shall mean the absence of the Executive from the Executive’s duties with the Company for 120 consecutive days, or a total of 180 days in any 12-month period, as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician jointly selected by the Company and the Executive or the Executive’s legal representative, or, if the parties cannot Xxxxxx X. Xxxxx agree on the selection of such physician then each shall choose a physician and the two physicians shall jointly select a physician to make such binding determination.

Termination as a Result of Death or Disability. The Executive’s 's employment with the Company shall terminate automatically upon the Executive’s 's death during the Employment Term. If the Disability of the Executive has occurred during the Employment Term (pursuant to the definition of “"Disability” " set forth below), the Company may give to the Executive written notice of its intention to terminate the Executive’s 's employment. In such event, the Executive’s 's employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Company (the “"Disability Effective Date”"), provided that, within the 30 days after receipt of notice, the Executive shall not have returned to substantial performance of the Executive’s 's duties. For purposes of this Agreement, “"Disability” " shall mean the absence of the Executive from the Executive’s 's duties with the Company for 120 consecutive days, or a total of 180 days in any 12-month period, as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician jointly selected by the Company and the Executive or the Executive’s 's legal representative, or, if the parties cannot agree on the selection of such physician then each shall choose a physician and the two physicians shall jointly select a physician to make such binding determination.