Termination as a Result of Disability. If the Employee's employment is terminated by reason of the Employee's Disability during the Employment Period, in lieu of the obligations of the Company under Section 3, the Company shall pay or provide to the Employee (i) all Accrued Obligations which shall be paid in a lump sum in cash within 30 days after the Date of Termination and the timely payment or provision of the Welfare Benefit Continuation and the Other Benefits, provided, however, that if the Employee becomes reemployed with another employer and is eligible to receive medical or other welfare benefits under another employer provided plan, the Welfare Benefit Continuation shall be required only to the extent not provided under such other plan during such applicable period of eligibility, and (ii) any cash amount to be received by the Employee as a disability benefit pursuant to the terms of any plan, policy or arrangement of the Company and its affiliated companies.
Termination as a Result of Disability. The Company may terminate Executive’s employment hereunder upon Executive becoming “Totally Disabled.” For purposes of this Agreement, Executive shall be considered “Totally Disabled” if Executive has been physically or mentally incapacitated so as to render Executive incapable of performing the essential functions of Executive’s position with or without reasonable accommodation. Executive’s receipt of disability benefits for total disability under the Company’s long-term disability plan or receipt of Social Security total disability benefits shall be deemed conclusive evidence of Total Disability for purposes of this Agreement. However, in the absence of Executive’s receipt of such long-term disability benefits or Social Security benefits, the Chief Executive Officer in good faith may determine that the Executive is disabled due to the needs of the business and the unacceptable unavailability of Executive which is expected to last for a continuous period of not less than six (6) months. In the event of such disability, Executive will continue to receive his Base Salary for six (6) months or until benefits become payable to the Executive under the terms of the Company’s disability policy, whichever first occurs.
Termination as a Result of Disability. In the event of any termination of this Agreement pursuant to Section 7.2 hereof, The Orchard shall continue to pay Executive his Base Salary under Section 6.1 hereof at Executive’s then-current salary and maintain his benefits under Section 6.2 hereof (i) through the remaining term of this Agreement which ends on the third anniversary of the Effective Date, or (ii) for six (6) months, whichever period is shorter. In the event of a disability termination pursuant to Section 7.2 hereof, Executive will not be eligible to receive any ongoing benefits subsequent to the effective date of termination, other than continued participation in any applicable The Orchard disability plan, nor will there be any proration of any potential annual incentive bonus under Section 6.3 hereof for the fiscal year in which such termination occurs; provided, however, that The Orchard will continue to pay accrued but unpaid salary, accrued vacation and any other accrued but unpaid benefits and unreimbursed expenses through the last day of the month in which Executive’s termination occurs.
Termination as a Result of Disability i. In the event of the Executive's disability, as hereinafter defined, the Executive shall be entitled to compensation in accordance with the Company's disability compensation practice for senior executives, including any separate arrangement or policy covering the Executive, but in all events the Executive shall continue to receive the Compensation and Benefits under Section 5 of this Agreement for a period of one (1) year subsequent to Termination as a Result of Disability which shall be paid in the same manner as that preceding Termination as a Result of Disability. The Company shall be obligated to pay to the Executive all earned but unpaid bonuses from previous years. Any amounts provided for in this Section 6.b shall not be offset by other long-term disability benefits provided to the Executive by the Company.
Termination as a Result of Disability. In the event of any termination of this Agreement pursuant to Section 7.2 hereof, Executive shall receive from DMGI in a lump-sum payment due within ten (10) business days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the term of this Agreement or for six (6) months, whichever amount is lesser. In the event of a disability termination pursuant to Section 7.2 hereof, Executive will not be eligible to receive any ongoing benefits subsequent to the effective date of termination nor will there be any proration of any potential annual incentive bonus under Section 6.3 hereof for the fiscal year in which such termination occurs.
Termination as a Result of Disability. If this Agreement and Executive’s employment under this Agreement are terminated due to Executive becoming Totally Disabled, then Executive shall be entitled to receive: (a) a pro rata share of Executive’s Base Salary and any other compensation, in each case, earned through the Termination Date, (b) subject to the terms and conditions of any applicable Plans, such stock options, share awards, and grants as shall have fully vested before the Termination Date, and (c) subject to Section 2.9, a lump sum payment in an amount equal to Executive’s Base Salary that would have otherwise been payable to Executive if he had continued in active employment with the Company until the shorter of (i) six (6) months or (ii) the date benefits become payable to Executive under the terms of the Company’s disability policy.
Termination as a Result of Disability. Subject to Section 6(h) (Release), if the Employment Period is terminated by the Company as a result of the Disability (as defined herein) of Executive, then Executive shall be entitled: (i) to continue to receive his Base Salary through the date of such termination and (ii) to receive the Annual Bonus for the year preceding the year in which the date of termination occurs, to the extent earned under Section 3(b) but not already paid; (iii) to receive a prorated Annual Bonus for the year in which the date of termination occurs, to the extent earned under Section 3(b) (the extent to which performance objectives have been achieved to be determined by the Board in its reasonable discretion in a manner consistent with its determinations regarding annual bonuses earned by other senior-level employees of WestRock and its Subsidiaries for the year in which such termination occurs, but disregarding any subjective performance goals in making its determination), based upon the portion of such year elapsed prior to the date of termination; and (iv) to pro rata vesting of restricted stock units and long-term incentive awards granted to Executive pursuant to Section 3(c) based on the portion of the applicable vesting period elapsed prior to the date of termination but subject to the achievement of any applicable performance conditions. Executive shall not be entitled to any other salary, compensation (including, without limitation, any bonus) or benefits from WestRock or its Subsidiaries after such termination of the Employment Period, except as specifically provided for in the employee benefit plans of WestRock or its Subsidiaries or as otherwise expressly required by applicable law; provided that WestRock and its Subsidiaries shall be entitled to amend or terminate any employee benefit plans which are applicable generally to the senior executives, officers or other employees of WestRock and its Subsidiaries.
Termination as a Result of Disability. If your employment or service with the Company terminates by reason of your disability, as defined in the Company’s long-term disability plan covering exempt salaried employees (a “Disability”), at a time when your employment or service could not otherwise have been terminated for Cause, then you may exercise this Option until the earlier of: (i) the Expiration Date, or (ii) the date that is twelve (12) months after the date of such termination of your employment or service by reason of your Disability.
Termination as a Result of Disability. If the Employee’s employment is terminated by reason of the Employee’s Disability during the Employment Period pursuant to Section 7(b), in lieu of the obligations of the Company hereunder, all Employee’s rights and benefits provided for by this Agreement will terminate as of such date; provided, however , that Employee will be paid, to the extent he has not already been paid, Employee’s pro rata Annual Base Salary, any Annual Bonus for the fiscal year prior to Employee’s termination and Employee’s pro rata Annual Bonus as earned through the date of termination. The Company will also reimburse Employee for all reasonable expenses incurred by Employee on behalf of the Company. This payment will be made within one month of the date of termination and will be subject to all applicable tax withholdings. The Company will continue all insurance coverage in place at the time of Employee’s Disability for Employee and Employee’s family for six (6) months following Employee’s Disability. Employee will also be entitled to extended health care benefits (COBRA) at Employee’s expense and to the extent Employee is qualified for such benefits as provided by law and the applicable Company plan documents.
Termination as a Result of Disability. Until such time as the Company offers disability insurance benefits to its senior executives, then in the event of Executive’s Disability (as defined herein) during Executive’s employment under this Agreement, the Company shall have the right to terminate Executive’s employment under this Agreement upon thirty (30) days prior written notice to Executive. Within ten (10) days following the termination of employment due to such Disability, the Company shall pay Executive all Base Salary due or accrued but unpaid as of the date of termination due to Disability, all accrued but unused vacation pay, and the portion of his Bonus earned (to the extent that the Bonus has been earned in accordance with the applicable bonus plan). In addition, the Company shall continue to pay Executive’s then-current Base Salary for six (6) months following the date of Disability, net of all proceeds of stale disability insurance received by Executive during such period. “Disability” means a physical or mental disability, the existence of which is confirmed by a licensed health care provider selected by the Company’s Board of Directors, that has caused Executive to be unable to perform consistently and materially the essential duties of his position hereunder with or without reasonable accommodation for a period of three (3) consecutive months, provided, that in the event that the Executive fails or refuses to submit to an examination by the health care provider selected by the Company for reasons unrelated to his Disability within twelve (12) days of written request by the Company, and if such health care provider has been made reasonably available to the Executive for such examination, such failure or refusal shall be deemed a material breach of this Agreement constituting “Cause,” as defined in Section 5 above if Executive has not cured the material breach within thirty (30) days of written notice thereof. In order to receive the continuation of Executive’s Base Salary, as described in this Section 10(b), Executive must (i) execute the Release, (ii) resign from the Company’s Board of Directors and (iii) return all Company property.
