Common use of Termination by Virtue of Death or Disability of Executive Clause in Contracts

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, 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 Executive’s employment 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 Executive’s 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 federal, state or local law. In the event Executive’s employment is terminated by the Company based on Executive’s Disability or Executive voluntarily resigns due to such 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 by Virtue of Death or Disability of Executive. (a) In the event of Executive’s 's death while employed pursuant to this Agreement, all obligations of the parties hereunder shall terminateterminate immediately, in accordance with Section 6.6, and the Company shall, pursuant to the Company’s 's standard payroll policies, pay to Executive’s '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 Executive’s employment this Agreement based on Executive’s 's Disability. Termination by the Company of Executive’s '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 Executive’s 's 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 federal, state or local law. In the event Executive’s 's employment is terminated by the Company based on Executive’s Disability or Executive voluntarily resigns due to such 's Disability, Executive will not receive Severance, a Severance Benefits, Change in Control Severance Benefits, Bonus or any other severance compensation or benefit, except that, pursuant to the Company’s 's standard payroll policies, the Company shall pay to Executive the Accrued ObligationsOb1igations.