Common use of Termination by the Company Due to Disability Clause in Contracts

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.

Appears in 4 contracts

Samples: Employment Agreement (Mills Corp), Employment Agreement (Mills Limited Partnership), Employment Agreement (Mills Limited Partnership)

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