Common use of Termination by Reason of Death or Total Disability Clause in Contracts

Termination by Reason of Death or Total Disability. In the event that the Executive's employment is terminated prior to the expiration of the Term by reason of the Executive's death or Total Disability pursuant to Paragraph 5(a) or 5(b), the Company shall pay the following amounts to the Executive (or the Executive's estate, as the case may be): i. Any accrued but unpaid Base Salary (as determined pursuant to Paragraph 3) for services rendered to the date of termination; ii. A prorated amount of Bonus Compensation, to be paid at the time the Executive's Bonus Compensation would have been paid had he remained employed by the Company, computed by multiplying the amount of Bonus Compensation the Executive would have earned for the year in which the termination occurred and the fraction of the year the Executive was employed by the Company; iii. Any accrued but unpaid expenses required to be reimbursed pursuant to Paragraph 4; and iv. Any vacation accrued to the date of termination. The benefits to which the Executive may be entitled upon termination pursuant to the plans and programs referred to in Paragraph 4 and the plan and grant thereunder referred to in Paragraph 3(c) hereof shall be determined and paid in accordance with the terms of such plans, programs and grant, except that the Company shall, with respect to any major medical and all other health, accident, or disability plans for which the Executive, or his spouse or legal representative, elects continuation in accordance with COBRA, be responsible for payment of premiums related to the maintenance of such plans for a period of six (6) months following the date of termination.

Termination by Reason of Death or Total Disability. In the event that the Executive's employment is terminated prior to the expiration of the Term by reason of the Executive's death or Total Disability pursuant to Paragraph 5(a) or 5(b), the Company shall pay the following amounts to the Executive (or the Executive's estate, as the case may be): i. Any accrued but unpaid Base Salary (as determined pursuant to Paragraph 3) for services rendered to the date of termination; ii. A prorated amount of Bonus Compensation, to be paid at the time the Executive's Bonus Compensation would have been paid had he remained employed by the Company, computed by multiplying the amount of Bonus Compensation the Executive would have earned for the year in which the termination occurred and the fraction of the year the Executive was employed by the Company; iii. Any accrued but unpaid expenses required to be reimbursed pursuant to Paragraph 4; and iv. Any vacation accrued to the date of termination. The benefits to which the Executive may be entitled upon termination pursuant to the plans and programs referred to in Paragraph 4 and under the plan and grant thereunder referred to in Paragraph 3(c) hereof shall be determined and paid in accordance with the terms of such plans, programs and grant, except that the Company shall, with respect to any major medical and all other health, accident, or disability plans for which the Executive, or his spouse or legal representative, elects continuation in accordance with COBRA, be responsible for payment of premiums related to the maintenance of such plans for a period of six (6) months following the date of termination.