Termination Because of Death or Total Disability. If the Executive’s employment is terminated by reason of the Executive’s death or Total Disability during the Post-Change in Control Period, this Agreement shall terminate automatically without further obligations to the Executive or his or her legal representatives under this Agreement, other than for payment of Accrued Obligations (which shall be paid to the Executive’s estate or beneficiary, as applicable in the case of the Executive’s death).
Termination Because of Death or Total Disability. If the Employee’s employment is terminated by reason of the Employee’s death or total disability during the Employment Period, this Agreement shall terminate automatically without further obligations to the Employee or his legal representatives under this Agreement, other than for payment of Accrued Obligations (which shall be paid to the Employee’s estate or beneficiary, as applicable in the case of the Employee’s death).
Termination Because of Death or Total Disability. This agreement will terminate automatically upon the date of Employee's Death or Total Disability. Employee shall be deemed to have incurred a Total Disability:
(i) if Company maintains a long term disability policy in effect for the benefit of Employee, on the date when the Employee shall have received total disability benefits under said policy for a period of six (6) months;
(ii) if no such long term disability insurance policy is in effect on the date when Employee suffers from a physical or mental disability of such magnitude and effect that Employee is unable to perform the essential functions of Employee's assigned Position notwithstanding reasonable accommodation and such disability continues during a period of twelve (12) continuous or noncontinuous months within the eighteen (18) month period beginning on the first day of the month in which the first day of disability occurs;
(iii) if Employee illegally uses drugs and, as a result, performance of Employee's duties and/or employment with Company is in any way impaired; or
(iv) on the date when Employee receives more than twelve (12) weeks of payments under the Social Security Act because it is determined by the Social Security Administration that Employee is totally disabled. Total Disability as set forth in subsections (ii) or (iii) above shall be deemed to have occurred upon the written certification to Company thereof by the Employee's personal physician, which certification may be requested in writing by Company. If Employee does not have a personal physician or refuses to consult with Employee's personal physician, Company may select a licensed physician, board-certified in internal medicine or family practice, at its cost, to examine the Employee, which physician shall, for purposes hereof, be deemed to be the Company's physician; provided, that if Employee refuses to be examined by the Company's physician within thirty (30) days after the physician's appointment by Company, then Employee may be conclusively presumed to have become Totally Disabled as of the close of such thirty (30) days period. If Employee disagrees with the opinion of Company physician, then Employee may select a second licensed, board-certified physician, at Employee's cost, to examine Employee. If said two (2) physicians disagree as to whether Employee is Totally Disabled, then the personal physician and the Company shall then select a third licensed, board-certified physician, with the cost of this third physician to b...
Termination Because of Death or Total Disability. In the event of a termination of Executive's employment because of his death or total disability, Executive or his personal representative shall receive termination payments equal to six months of Salary from the date of death or total disability.
Termination Because of Death or Total Disability. In the event of a termination of the Executive's employment during the Term because of his death or total disability, the Executive or his personal representative shall not be entitled to receive any payments hereunder other than any unpaid Base Salary which has accrued for services already performed as of the date termination of the Executive's employment becomes effective.
Termination Because of Death or Total Disability. If during the Term the Executive’s employment is terminated by reason of the Executive’s death or Total Disability, this Agreement shall terminate automatically without further obligation on the part of the Company to the Executive or the Executive’s legal representatives under this Agreement, other than the Company’s obligation to pay the Executive the Accrued Obligations (which shall be paid to the Executive’s estate or beneficiary, as applicable in the case of the Executive’s death) and to provide 8.1 COBRA Continuation (if such termination occurs outside of an Employment Period) or 8.2 COBRA Continuation (if such termination occurs during an Employment Period), as applicable.
Termination Because of Death or Total Disability. If during the Term the Employee’s employment is terminated by reason of the Employee’s death or Total Disability, this Agreement shall terminate automatically without further obligation on the part of the Company to the Employee or the Employee’s legal representatives under this Agreement, other than the Company’s obligation to pay the Employee the Accrued Obligations (which shall be paid to the Employee’s estate or beneficiary, as applicable in the case of the Employee’s death) and to provide COBRA Continuation.
Termination Because of Death or Total Disability. This agreement will terminate automatically upon the date of Employee's death or Total Disability. The Employee shall be deemed to have incurred a Total Disability:
i) if ROAC maintains a long term disability policy in effect for the benefit of Employee, on the date when the Employee shall have received total disability benefits under said policy for a period of six (6) months;
Termination Because of Death or Total Disability. In the event of a termination of the Executive's employment because of his death or total disability, the Executive or his personal representative shall not be entitled to receive any payments hereunder other than (i) any unpaid Base Salary which has accrued for services already performed as of the date termination of the Executive's employment becomes effective, (ii) any bonus which has been earned but not paid and (iii) a continuation of medical and dental benefits for himself, his spouse and his dependents (paid for by the Company) for a period of eighteen months following such termination.
Termination Because of Death or Total Disability. In the case of the termination of Executive's employment as a result of his death or total disability as defined above, Executive shall not be entitled to receive any payments or benefits hereunder, other than those set forth in clause (ii) of Section 6.1(a) hereof plus an amount equal to three months' base salary.
