Common use of Termination by Death Clause in Contracts

Termination by Death. In the event that the Employee dies during the Term, the Employee's employment hereunder shall be terminated thereby and the Company shall pay to the Employee's executors, legal representatives or administrators an amount equal to the accrued and unpaid portion of the Salary for the month in which he dies and a pro-rata percentage of the bonus (provided in Section 4.2) for the last fiscal year of the Company prior to the date of Employee's termination. Except as specifically set forth in this Section 8.1(b) or as provided by applicable law, the Company shall have no liability or obligation hereunder to the Employee's executors, legal representatives, administrators, heirs or assigns or any other person claiming under or through him by reason of or subsequent to the Employee's death.

Appears in 7 contracts

Samples: Executive Employment Agreement (Advancis Pharmaceutical Corp), Executive Employment Agreement (Advancis Pharmaceutical Corp), Executive Employment Agreement (Advancis Pharmaceutical Corp)

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Termination by Death. In the event that the Employee dies during the Term, the Employee's ’s employment hereunder shall be terminated thereby and the Company shall pay to the Employee's ’s executors, legal representatives or administrators an amount equal to the accrued and unpaid portion of the Salary for the month in which he dies and a pro-rata percentage of the bonus (provided in Section 4.2) for the last fiscal year of the Company prior to the date of Employee's ’s termination. Except as specifically set forth in this Section 8.1(b) or as provided by applicable law, the Company shall have no liability or obligation hereunder to the Employee's ’s executors, legal representatives, administrators, heirs or assigns or any other person claiming under or through him by reason of or subsequent to the Employee's ’s death.

Appears in 7 contracts

Samples: Executive Employment Agreement (Advancis Pharmaceutical Corp), Executive Employment Agreement (Advancis Pharmaceutical Corp), Executive Employment Agreement (Advancis Pharmaceutical Corp)

Termination by Death. In the event that the Employee -------------------- dies during the Term, the Employee's employment hereunder shall be terminated thereby and the Company shall pay to the Employee's executors, legal representatives or administrators an amount equal to the all accrued and unpaid portion (as of the Salary for the month in which he dies and a pro-rata percentage of the bonus (provided in Section 4.2) for the last fiscal year of the Company prior to the date of Employee's terminationdeath) Salary and any such other benefits as are normally provided by the Company upon the death of an employee; provided that the Employee has complied with all of his obligations under this Agreement. Except as specifically set forth in this Section 8.1(b7.3(b) or as provided by applicable law, the Company shall have no further liability or obligation hereunder to the Employee's executors, legal representatives, administrators, heirs or assigns or any other person claiming under or through him by reason of or subsequent to the Employee's death.

Appears in 3 contracts

Samples: Executive Employment Agreement (Paragon Technologies Inc), Executive Employment Agreement (Paragon Technologies Inc), Executive Employment Agreement (Paragon Technologies Inc)

Termination by Death. In the event that the Employee dies during the Term, the Employee's employment hereunder shall be terminated thereby and the Company shall pay to the Employee's executors, legal representatives or administrators an amount equal to the accrued and unpaid portion of the Salary for the month in which he dies and a pro-rata percentage of the bonus (provided in Section 4.2) for the last fiscal year of the Company prior to the date of Employee's termination. Except as specifically set forth in this Section 8.1(b) or as provided by applicable law, the Company shall have no liability or obligation hereunder to the Employee's executors, legal representatives, administrators, heirs or assigns or any other person claiming under or through him him/her by reason of or subsequent to the Employee's death.

Appears in 2 contracts

Samples: Executive Employment Agreement (Advancis Pharmaceutical Corp), Executive Employment Agreement (Advancis Pharmaceutical Corp)

Termination by Death. In the event that the Employee --------------------- dies during the Term, the Employee's employment hereunder shall be terminated thereby and the Company shall pay to the Employee's executors, legal representatives or administrators an amount equal to the all accrued and unpaid portion (as of the Salary for the month in which he dies and a pro-rata percentage of the bonus (provided in Section 4.2) for the last fiscal year of the Company prior to the date of Employee's terminationdeath) Salary and any such other benefits as are normally provided by the Company upon the death of an employee; provided that the Employee has complied with all of his obligations under this Agreement. Except as specifically set forth in this Section 8.1(b7.3(b) or as provided by applicable law, neither the Company nor any subsidiary or affiliate of the Company shall have no any further liability or obligation hereunder to the Employee's executors, legal representatives, administrators, heirs or assigns or any other person claiming under or through him by reason of or subsequent to the Employee's death.

Appears in 1 contract

Samples: Executive Employment Agreement (Paragon Technologies Inc)

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Termination by Death. In the event that the -------------------- Employee dies during the Term, the Employee's employment hereunder shall be terminated thereby and the Company shall pay to the Employee's executors, legal representatives or administrators an amount equal to the all accrued and unpaid portion (as of the Salary for the month in which he dies and a pro-rata percentage of the bonus (provided in Section 4.2) for the last fiscal year of the Company prior to the date of Employee's terminationdeath) Salary and any such other benefits as are normally provided by the Company upon the death of an employee; provided that the Employee has complied with all of his obligations under this Agreement. Except as specifically set forth in this Section 8.1(b7.3(b) or as provided by applicable law, the Company shall have no further liability or obligation hereunder to the Employee's executors, legal representatives, administrators, heirs or assigns or any other person claiming under or through him by reason of or subsequent to the Employee's death.

Appears in 1 contract

Samples: Executive Employment Agreement (Paragon Technologies Inc)

Termination by Death. In the event that the Employee dies -------------------- during the Term, the Employee's employment hereunder shall be terminated thereby and the Company shall pay to the Employee's executors, legal representatives or administrators an amount equal to the all accrued and unpaid portion (as of the Salary for the month in which he dies and a pro-rata percentage of the bonus (provided in Section 4.2) for the last fiscal year of the Company prior to the date of Employee's terminationdeath) Salary and any such other benefits as are normally provided by the Company upon the death of an employee; provided that the Employee has complied with all of his obligations under this Agreement. Except as specifically set forth in this Section 8.1(b7.3(b) or as provided by applicable law, the Company shall have no liability or obligation hereunder to the Employee's executors, legal representatives, administrators, heirs or assigns or any other person claiming under or through him by reason of or subsequent to the Employee's death.

Appears in 1 contract

Samples: Executive Employment Agreement (Si Handling Systems Inc)

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