Common use of Termination Because of Disability Clause in Contracts

Termination Because of Disability. If the Executive becomes incapable by reason of physical injury, disease, or mental illness of substantially performing his duties and responsibilities under this agreement with or without a reasonable accommodation for a continuous period of six (6) months or more or for more than one hundred eighty (180) days in the aggregate (whether or not consecutive) during any 12-month period, then at any time after the elapse of such six-month period or such 180 days, as the case may be, the Board may terminate the Executive's employment by the Companies under this agreement. If the Executive's employment under this agreement is terminated by the Board because of such disability on the part of the Executive, then the Executive will be entitled to receive the following compensation and benefits from the Companies: (i) The Accrued Benefits, payable within fourteen (14) days after the Termination Date; (ii) The Pro Rata Bonus, payable on the date bonuses are paid under the annual incentive bonus plan to then-current employees; (iii) Any other amounts earned, accrued, or owed to the Executive under this agreement but not paid as of the Termination Date; (iv) Continued participation at the Companies' expense in the group medical, dental, life, and long-term disability insurance benefit plans or programs of the Companies which may be in effect from time to time and in which the Executive was participating as of the Termination Date, to the extent that such continued participation by the Executive is permitted under the terms and conditions of such plans (unless such continued participation is restricted or prohibited by applicable governmental regulations governing such plans), until the first to occur of the cessation of such disability, the Executive's death, the Executive's attainment of age sixty-five (65), or (separately with respect to the termination of each benefit) the provision of a substantially equivalent benefit to the Executive by another employer of the Executive; and (v) Any other benefits payable by reason of the Executive's disability, or to which the Executive otherwise may be entitled, under any benefit plans or programs of the Companies in effect on the Termination Date. For purposes of this subparagraph (b), decisions with respect to the Executive's disability shall be made by the Board, using its reasonable good faith judgment; and, in making any such decision, the Board shall consider and rely upon the opinions of (i) a duly licensed and qualified physician selected by a majority of the members of the Board who are not employees of either of the Companies or any of their respective subsidiaries and (ii) the Executive's personal physician.

Termination Because of Disability. If the Executive becomes incapable by reason of physical injury, disease, or mental illness of substantially performing his duties and responsibilities under this agreement with or without a reasonable accommodation for a continuous period of six (6) months or more or for more than one hundred eighty (180) days in the aggregate (whether or not consecutive) during any 12-month period, then at any time after the elapse of such six-month period or such 180 days, as the case may be, the Board may terminate the Executive's ’s employment by the Companies under this agreement. If the Executive's ’s employment under this agreement is terminated by the Board because of such disability on the part of the Executive, then the Executive will shall be entitled to receive the following compensation and benefits from the Companies: (i) The Accrued Benefits, payable within fourteen (14) days after Base Salary through the Termination Dateeffective date of such termination; (ii) The Pro Rata Bonus, payable on A pro rata portion of the date bonuses are paid under the Executive’s annual incentive bonus plan for the calendar year in which such termination occurs (computed as if the Executive were employed by the Companies throughout such calendar year), based upon the number of days in such calendar year elapsed through the effective date of such termination as a proportion of 365, to then-current employeesbe paid at the same time that such incentive bonus would have been paid if such termination had not occurred and the Executive had continued to be employed by the Companies; (iii) Any other amounts earned, accrued, or owed to the Executive under this agreement but not paid as of the Termination Dateeffective date of such termination; (iv) Continued participation at the Companies' expense in the group medical, dental, life, and long-term disability insurance following benefit plans or programs of the Companies which may be in effect from time to time and in which the Executive was participating as of the Termination Dateeffective date of such termination, to the extent that such continued participation by the Executive is permitted under the terms and conditions of such plans (unless such continued participation is restricted or prohibited by applicable governmental regulations governing such plans), until the first to occur of the cessation of such disability, the Executive's ’s death, the Executive's ’s attainment of age sixty-five (65), or (separately with respect to the termination of each benefit) the provision of a substantially equivalent benefit to the Executive by another employer of the Executive: (1) Group medical and hospital insurance, (2) Group dental insurance, (3) Group life insurance, and (4) Group long-term disability insurance; and (v) Any other benefits payable by reason of the Executive's ’s disability, or to which the Executive otherwise may be entitled, under any benefit plans or programs of the Companies in effect on the Termination Dateeffective date of such termination. For purposes of this subparagraph (b), decisions with respect to the Executive's ’s disability shall be made by the Board, using its reasonable good faith judgment; and, in making any such decision, the Board shall consider and be entitled to rely upon the opinions opinion of (i) a duly licensed and qualified physician selected by a majority of the members of the Board who are not employees of either of the Companies or any of their respective subsidiaries and (ii) the Executive's personal physiciansubsidiaries.

Termination Because of Disability. If the Executive becomes incapable by reason of physical injury, disease, or mental illness of substantially performing his duties and responsibilities under this agreement with or without a reasonable accommodation for a continuous period of six (6) months or more or for more than one hundred eighty (180) days in the aggregate (whether or not consecutive) during any 12-month period, then at any time after the elapse of such six-month period or such 180 days, as the case may be, the Board may terminate the Executive's ’s employment by the Companies under this agreement. If the Executive's ’s employment under this agreement is terminated by the Board because of such disability on the part of the Executive, then the Executive will shall be entitled to receive the following compensation and benefits from the Companies: (i) The Accrued Benefits, payable within fourteen (14) days after Base Salary through the Termination Dateeffective date of such termination; (ii) The Pro Rata Bonus, payable on A pro rata portion of the date bonuses are paid under the Executive’s annual incentive bonus plan for the calendar year in which such termination occurs (computed as if the Executive were employed by the Companies throughout such calendar year), based upon the number of days in such calendar year elapsed through the effective date of such termination as a proportion of 365, to then-current employeesbe paid at the same time that such incentive bonus would have been paid if such termination had not occurred; (iii) Any other amounts earned, accrued, or owed to the Executive under this agreement but not paid as of the Termination Dateeffective date of such termination; (iv) Continued participation at the Companies' expense in the group medical, dental, life, and long-term disability insurance following benefit plans or programs of the Companies which may be in effect from time to time and in which the Executive was participating as of the Termination Dateeffective date of such termination, to the extent that such continued participation by the Executive is permitted under the terms and conditions of such plans (unless such continued participation is restricted or prohibited by applicable governmental regulations governing such plans), until the first to occur of the cessation of such disability, the Executive's ’s death, the Executive's ’s attainment of age sixty-five (65), or (separately with respect to the termination of each benefit) the provision of a substantially equivalent benefit to the Executive by another employer of the Executive: (1) Group medical and hospital insurance, (2) Group dental insurance, (3) Group life insurance, and (4) Group long-term disability insurance; and (v) Any other benefits payable by reason of the Executive's ’s disability, or to which the Executive otherwise may be entitled, under any benefit plans or programs of the Companies in effect on the Termination Dateeffective date of such termination. For purposes of this subparagraph (b), decisions with respect to the Executive's ’s disability shall be made by the Board, using its reasonable good faith judgment; and, in making any such decision, the Board shall consider and be entitled to rely upon the opinions opinion of (i) a duly licensed and qualified physician selected by a majority of the members of the Board who are not employees of either of the Companies or any of their respective subsidiaries and (ii) the Executive's personal physiciansubsidiaries.

Termination Because of Disability. If the Executive becomes incapable by reason of physical injury, disease, or mental illness of substantially performing his her duties and responsibilities under this agreement with or without a reasonable accommodation for a continuous period of six (6) months or more or for more than one hundred eighty (180) days in the aggregate (whether or not consecutive) during any 12-month period, then at any time after the elapse of such six-month period or such 180 days, as the case may be, the Board may terminate the Executive's ’s employment by the Companies under this agreement. If the Executive's ’s employment under this agreement is terminated by the Board because of such disability on the part of the Executive, then the Executive will be entitled to receive the following compensation and benefits from the Companies: (i) The Accrued Benefits, payable within fourteen (14) days after the Termination Date; (ii) The Pro Rata Bonus, payable on the date bonuses are paid under the annual incentive bonus plan to then-current employees; (iii) Any other amounts earned, accrued, or owed to the Executive under this agreement but not paid as of the Termination Date; (iv) Continued participation at the Companies' ’ expense in the group medical, dental, life, and long-term disability insurance benefit plans or programs of the Companies which may be in effect from time to time and in which the Executive was participating as of the Termination Date, to the extent that such continued participation by the Executive is permitted under the terms and conditions of such plans (unless such continued participation is restricted or prohibited by applicable governmental regulations governing such plans), until the first to occur of the cessation of such disability, the Executive's ’s death, the Executive's ’s attainment of age sixty-five (65), or (separately with respect to the termination of each benefit) the provision of a substantially equivalent benefit to the Executive by another employer of the Executive; and (v) Any other benefits payable by reason of the Executive's ’s disability, or to which the Executive otherwise may be entitled, under any benefit plans or programs of the Companies in effect on the Termination Date. For purposes of this subparagraph (b), decisions with respect to the Executive's ’s disability shall be made by the Board, using its reasonable good faith judgment; and, in making any such decision, the Board shall consider and rely upon the opinions of (i) a duly licensed and qualified physician selected by a majority of the members of the Board who are not employees of either of the Companies or any of their respective subsidiaries and (ii) the Executive's ’s personal physician.

Termination Because of Disability. If the Executive becomes incapable by reason of physical injury, disease, or mental illness of substantially performing his duties and responsibilities under this agreement with or without a reasonable accommodation for a continuous period of six (6) months or more or for more than one hundred eighty (180) days in the aggregate (whether or not consecutive) during any 12-month period, then at any time after the elapse of such six-month period or such 180 days, as the case may be, the Board may terminate the Executive's ’s employment by the Companies under this agreement. If the Executive's ’s employment under this agreement is terminated by the Board because of such disability on the part of the Executive, then the Executive will be entitled to receive the following compensation and benefits from the Companies: (i) The Accrued Benefits, payable within fourteen (14) days after the Termination Date; (ii) The Pro Rata Bonus, payable on the date bonuses are paid under the annual incentive bonus plan to then-current employees; (iii) Any other amounts earned, accrued, or owed to the Executive under this agreement but not paid as of the Termination Date; (iv) Continued participation at the Companies' ’ expense in the group medical, dental, life, and long-term disability insurance benefit plans or programs of the Companies which may be in effect from time to time and in which the Executive was participating as of the Termination Date, to the extent that such continued participation by the Executive is permitted under the terms and conditions of such plans (unless such continued participation is restricted or prohibited by applicable governmental regulations governing such plans), until the first to occur of the cessation of such disability, the Executive's ’s death, the Executive's ’s attainment of age sixty-five (65), or (separately with respect to the termination of each benefit) the provision of a substantially equivalent benefit to the Executive by another employer of the Executive; and (v) Any other benefits payable by reason of the Executive's ’s disability, or to which the Executive otherwise may be entitled, under any benefit plans or programs of the Companies in effect on the Termination Date. For purposes of this subparagraph (b), decisions with respect to the Executive's ’s disability shall be made by the Board, using its reasonable good faith judgment; and, in making any such decision, the Board shall consider and rely upon the opinions of (i) a duly licensed and qualified physician selected by a majority of the members of the Board who are not employees of either of the Companies or any of their respective subsidiaries and (ii) the Executive's ’s personal physician.

Termination Because of Disability. If the Executive becomes incapable by reason of physical injury, disease, or mental illness of substantially performing his duties and responsibilities under this agreement with or without a reasonable accommodation for a continuous period of six (6) months or more or for more than one hundred eighty (180) days in the aggregate (whether or not consecutive) during any 12-month periodmore, then at any time after the elapse of such six-month period or and while such 180 days, as the case may be, the Board disability is continuing Holdings may terminate the Executive's employment by the Companies under this agreement. If the Executive's employment under this agreement is terminated by the Board Holdings because of such disability on the part of the Executive, then the Executive will shall be entitled to receive the following compensation and benefits from the Companies: (i) The Accrued Benefits, payable within fourteen Base Salary (14as then may be applicable) days after through the Termination Dateeffective date of such termination; (ii) The Pro Rata Bonus, payable on A pro rata portion of the date bonuses are paid under the Executive's annual incentive bonus plan for the fiscal year of the Companies in which such termination occurs (computed as if the Executive were employed by the Companies throughout such fiscal year), based upon the number of days in such fiscal year elapsed through the effective date of such termination as a proportion of the total number of days in such fiscal year, to then-current employeesbe paid at the same time that such incentive bonus would have been paid if such termination had not occurred; (iii) Any other amounts earned, accrued, or owed to the Executive under this agreement but not paid as of the Termination Dateeffective date of such termination; (iv) Continued participation at the Companies' expense in the group medical, dental, life, and long-term disability insurance following benefit plans or programs of the Companies which may be in effect from time to time and in which the Executive was participating as of the Termination Datetime, to the extent that such continued participation by the Executive is permitted under the terms and conditions of such plans (unless such continued participation is restricted or prohibited by applicable governmental regulations governing such plans), until the first to occur of the cessation of such disability, the Executive's death, the Executive's attainment of age sixty-five (65), or (separately with respect to the termination of each benefit) the provision of a substantially equivalent benefit to the Executive by another employer of the Executive; and: (1) Group medical/hospital insurance, (2) Group dental insurance, (3) Group life insurance, (4) Executive life insurance, (5) Group long-term disability insurance, (6) Executive long-term disability insurance, (7) Exec-U-Care medical expense reimbursement insurance, (8) Professional financial, tax, and estate planning services, (9) Automobile allowance, (10) Annual physical examination, (11) Business club membership; (v) Any other benefits payable by reason of the Executive's disability, or to which the Executive otherwise may be entitled, disability under any benefit plans or programs of the Companies in effect on the Termination Date. For purposes effective date of this subparagraph (b), decisions with respect to the Executive's disability shall be made by the Board, using its reasonable good faith judgment; and, in making any such decision, the Board shall consider and rely upon the opinions of (i) a duly licensed and qualified physician selected by a majority of the members of the Board who are not employees of either of the Companies or any of their respective subsidiaries and (ii) the Executive's personal physiciantermination.