Termination by the Company Due to Disability Sample Clauses

Termination by the Company Due to Disability. The Company shall provide the Executive with at least fifteen (15) days advance written notice that it is terminating Executive's employment on account of Disability. For purposes of this Agreement, "
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Termination by the Company Due to Disability. (a) If Executive becomes “Disabled” (as defined below) during the Employment Period, the Company shall have the right to terminate Executive’s employment by giving written notice of such termination to Executive, which notice shall specify the Effective Date of Termination and which Effective Date of Termination shall be no less than thirty (30) calendar days after the date of such notice. From and after the Effective Date of Termination, the Company shall have no further obligation to pay any Base Salary to Executive. In the event of such termination: (i) the entitlement of Executive to benefits under any benefit program, policy or plan described in Section 5.1 hereof shall be determined in accordance with the provisions of such program, policy or plan; (ii) vesting and all other rights with respect to stock options and any other equity-based compensation awards not covered by Section 6.1 above (other than LTIP Awards) will be treated in accordance with the equity incentive plan under which the relevant grant was made and any applicable grant documents; provided, however that Executive shall be considered for such purpose to have been employed at the end of the calendar year in which the termination occurred; and (iii) any LTIP Awards that are not covered by Section 6.1 above will be treated in accordance with the LTIP as then in effect.
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Termination by the Company Due to Disability. (a) If the Executive incurs a Disability, as defined in Section 6.2(b) below, the Company may terminate the Executive’s employment by giving the Executive written notice of termination at least 30 days before the date of such termination. In the event of such termination of the Executive’s employment because of Disability the Executive shall be entitled to receive (i) the Accrued Benefits, and (ii) the Executive’s rights in respect of the Equity Incentives shall be as set forth in the Equity Incentive Agreements. (b) For purposes of this Agreement, the Executive shall be considered to have incurred a “Disability” if and only if the Executive shall be unable to perform the duties of his employment with the Company for an aggregate period of more than 90 days in a consecutive period of 52 weeks as a result of incapacity due to mental or physical illness or impairment (other than as a result of addiction to alcohol or any drug) as determined by a physician selected by the Company or its insurers and acceptable to the Executive or his legal representative.
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Termination by the Company Due to Disability. (a) If the Executive incurs a Disability, as defined in Section 6.2(b) below, the Company may terminate the Executive’s employment by giving the Executive written notice of termination at least 30 days before the date of such termination (or such lesser notice period as the Executive may agree to). In the event of such termination of the Executive’s employment because of Disability, the Executive shall be entitled to receive the following benefits: (i) The Salary Benefit; (ii) The Other Benefits; (iii) The Reimbursement Benefit; and
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Termination by the Company Due to Disability. The Company may terminate this Agreement and the Executive’s employment hereunder if the Executive becomes subject to a Disability. For purposes of this Agreement, “Disability” means a finding by the Board of the Executive’s incapacitation through any illness, injury, accident or condition of either a physical or psychological nature which has resulted in his inability to perform the essential functions of his position, even with reasonable accommodations, for one hundred and eighty (180) calendar days during any period of three hundred and sixty-five (365) consecutive calendar days, and such incapacity is expected to continue.
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Termination by the Company Due to Disability. Provided that you (or your legally authorized guardian or personal representative, on your behalf) execute a Release as soon as administratively feasible following your termination by the Company or your Employer due to Disability in accordance with the Employment Agreement, the Option Shares that are not then vested and exercisable at the date of termination shall vest 100% and be exercisable in full upon completion of the Restricted Period (or if you die prior to completion of the Restricted Period, the date of your death). Vested Option Shares vested at the date of termination shall be exercisable until the earlier of (i) the expiration date set forth in Section 1(b) of this Agreement and (ii) the date that is 12 months following the date of termination of your employment, and any unexercised Option Shares shall be forfeited for no consideration thereafter. Any outstanding Option Shares which vest upon completion of the Restricted Period shall be exercisable until the earlier of (i) the expiration date set forth in Section 1(b) of this Agreement and (ii) the date that is 90 days following such vesting date, and any such vested Option Shares which are not exercised shall be forfeited for no consideration thereafter. Any outstanding Option Shares which vest upon the date of your death shall be exercisable until the earlier of (i) the expiration date set forth in Section 1(b) of this Agreement and (ii) the date that is 12 months following the date of your death, and any such vested Option Shares which are not exercised shall be forfeited for no consideration thereafter. Notwithstanding the foregoing, if you fail to continue to comply with the non-solicitation provisions and/or non-competition provisions set forth in the Employment Agreement until the expiration of the Restricted Period (or if you die during the Restricted Period, until your date of death), all unexercised Option Shares, vested and nonvested, will be immediately forfeited for no consideration upon such non-compliance.
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Termination by the Company Due to Disability. (a) This Agreement and the Executive’s employment with the Company may be terminated by the Company due to Disability with 30 days’ written notice to the Executive. (b) In the event this Agreement and the Executive’s employment is terminated due to Disability, the Executive will be entitled to: (i) any earned but unpaid Base Salary through the date of termination; (ii) the Executive’s entitlements to payment in lieu of notice of termination and statutory severance pay, if applicable, pursuant to the Employment Standards Act, 2000 as may be amended from time to time (the “ESA”); (iii) any earned Annual Bonus for the most recent fiscal year ended prior to the date of termination that remains unpaid as of the date of termination and a pro rata share of Annual Bonus earned during the fiscal year in which the termination occurs based on the achievement of established targets set by the Compensation Committee of the Board pursuant to the Management Incentive Plan; and, (iv) any benefits due to the Executive under any employee benefit plan and any payments due to Executive under any Company policy, program, arrangement, or agreement including, without limitation, reimbursement for previously incurred expenses in accordance with the terms of such plans, policies, programs, arrangements or agreements, through the date of termination and the ESA notice period, as applicable, and any ongoing entitlements pursuant to any employee benefit plan as a result of the Disability, i.e. benefits under disability insurance plans. The Company will make all payments owing to the Executive under this Section 9.2 as soon as administratively practicable following termination.
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Termination by the Company Due to Disability. In the event that the Company shall terminate this Agreement and Executive's employment with the Company in the event of Disability under Section 3(c) above, then the Company shall (i) pay to Executive, in addition to the amounts payable pursuant to Section 4(a) above, a pro-rated portion of the Annual Bonus, which shall be calculated as set forth in Section 4(b) above, and (ii) pay the cost to continue Executive's medical insurance coverage under the Company's health plan as provided under COBRA for 12 months following such termination, and the Company shall have no further payment obligation to Executive.
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Termination by the Company Due to Disability. The Company may terminate the Executive’s employment on account of Disability. For purposes of this Agreement, “
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Related to Termination by the Company Due to Disability

  • Termination Due to Disability If the Optionee’s employment terminates by reason of the Optionee’s disability (as determined by the Administrator), any portion of this Stock Option outstanding on such date shall become fully exercisable and may thereafter be exercised by the Optionee for a period of 12 months from the date of termination or until the Expiration Date, if earlier.

  • Termination by Disability In the event the employment of the Optionee is terminated by reason of Disability, the Option shall become immediately and fully exercisable as of the date the Committee determines the Optionee terminated for Disability and shall remain exercisable at any time prior to the end of the Exercise Term, or for one (1) year after the date of termination, whichever period is shorter.

  • Termination by Death or Disability In the event of the Executive’s death or total disability (as defined in Section 22(e)(3) of the Internal Revenue Code of 1986, as amended) during the Term, the Term and Executive’s employment shall terminate on the date of death or total disability. In the event of such termination, the Company’s sole obligations hereunder to the Executive (or the Executive’s estate) shall be for unpaid Base Salary, accrued but unpaid bonus and benefits (then owed or accrued and owed in the future), a pro-rata bonus for the year of termination based on the Executive’s target bonus for such year and the portion of such year in which the Executive was employed, and reimbursement of expenses pursuant to the terms hereon through the effective date of termination, each of which shall be paid within 10 days following the date of the Executive’s termination, and any unvested portion of any Equity Grants shall immediately be forfeited as of the termination date without any further action of the Parties.

  • Termination Due to Death or Disability The expiration of one (1) year from the date of the death of the Optionee or cessation of an Optionee’s employment or contractual relationship by reason of disability (as defined in Section 5.1(g) of the Plan). If an Optionee’s employment or contractual relationship is terminated by death, any Option held by the Optionee shall be exercisable only by the person or persons to whom such Optionee’s rights under such Option shall pass by the Optionee’s will or by the laws of descent and distribution.

  • Termination Due to Death, Disability or Retirement In the event the Optionee’s employment or other service with the Company and all Subsidiaries is terminated by reason of death, Disability or Retirement, this Option will remain exercisable, to the extent exercisable as of the date of such termination, for a period of one year after such termination (but in no event after the Time of Termination).

  • Voluntary Termination by the Employee The Employee may voluntarily terminate the Employee's status as employee for other than Good Reason.

  • Termination by the Employer Without Cause Subject to the payment of Termination Benefits pursuant to Section 7(b), the Executive’s employment under this Agreement may be terminated by the Employer without Cause upon no less than sixty (60) days prior written notice to the Executive.

  • Termination by Death If the Executive dies during the Employment Term, the Executive’s employment will terminate and the Executive’s beneficiary or if none, the Executive’s estate, shall be entitled to receive from the Company, the Executive’s accrued, but unpaid, Base Salary through the date of termination of employment and any vested benefits under any Employee Plan in accordance with the terms of such Employee Plan and applicable law.

  • Termination by Virtue of Death or Disability of Executive (a) In the event of Executive’s death while employed pursuant to this Agreement, all obligations of the parties hereunder shall terminate immediately, in accordance with Section 6.6, and the Company shall, pursuant to the Company’s standard payroll policies, pay to Executive’s legal representatives all Accrued Obligations. (b) Subject to applicable state and federal law, the Company shall at all times have the right, upon written notice to Executive, and in accordance with Section 6.6, to terminate this Agreement based on Executive’s Disability. Termination by the Company of Executive’s employment based on “Disability” shall mean termination because Executive is unable due to a physical or mental condition to perform the essential functions of his position with or without reasonable accommodation for 180 days in the aggregate during any twelve (12) month period or based on the written certification by two licensed physicians of the likely continuation of such condition for such period. This definition shall be interpreted and applied consistent with the Americans with Disabilities Act, the Family and Medical Leave Act, and other applicable law. In the event Executive’s employment is terminated based on Executive’s Disability, Executive will not receive Severance Benefits, Change in Control Severance Benefits, or any other severance compensation or benefit, except that, pursuant to the Company’s standard payroll policies, the Company shall pay to Executive the Accrued Obligations.

  • Termination Due to Retirement Subject to Section 7 below, in the event of Termination due to Retirement, then (regardless of any subsequent death of the Employee) the Option will continue to vest pursuant to Section 3, and the last date on which the Option may be exercised is the day prior to the Expiration Date.

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