Common use of TERMINATION BY THE COMPANY ON ACCOUNT OF DISABILITY Clause in Contracts

TERMINATION BY THE COMPANY ON ACCOUNT OF DISABILITY. (1) If, as a result of the Employee's inability to perform his duties under this Agreement (with or without reasonable accomodation) because of illness, physical or mental disability, or other incapacity which continues for an uninterrupted period in excess of three (3) months or a cumulative period of six (6) months in any twelve (12) month period, and if, within thirty (30) days after the Company has given the Employee written notice of the Company's intention to terminate the Employee's employment hereunder as a result of such incapacity, the Employee shall not have returned to the full-time performance of his duties hereunder, then the Company may thereafter terminate the Employee's employment on account of "DISABILITY"; provided, however, such termination shall not by itself alter or impair the Employee's rights as a "disabled employee" or otherwise under any of the Company's employee benefit plans.

Appears in 5 contracts

Samples: Employment Agreement (Allwaste Inc), Employment Agreement (Allwaste Inc), Employment Agreement (Allwaste Inc)

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TERMINATION BY THE COMPANY ON ACCOUNT OF DISABILITY. (1) If, as a result of the Employee's inability to perform his duties under this Agreement (with or without reasonable accomodation) because of illness, physical or mental disability, or other incapacity which continues for an uninterrupted period in excess of three (3) months or a cumulative period of six (6) months in any twelve (12) month period, and if, within thirty (30) days after the Company has given the Employee written notice of the Company's intention to terminate the Employee's employment hereunder as a result of such incapacity, the Employee shall not have returned to the full-full- time performance of his duties hereunder, then the Company may thereafter terminate the Employee's employment on account of "DISABILITY"; provided, however, such termination shall not by itself alter or impair the Employee's rights as a "disabled employee" or otherwise under any of the Company's employee benefit plans.

Appears in 1 contract

Samples: Employment Agreement (Allwaste Inc)

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