Common use of Termination, Death or Disability Clause in Contracts

Termination, Death or Disability. (a) In the event of the termination of the Executive's employment because of the death of the Executive during the Term, the Corporation shall pay to any one or more beneficiaries designated by the Executive pursuant to notice to the Corporation, or, failing such designation, to the Executive's estate, (i) the unpaid Base Salary owing to the Employee through the end of the month of his death, in a lump sum within five (5) business days after his death, and (ii) a Bonus for the year in which such termination occurs, equal to the Bonus (if any) that would have been paid for such year if no such termination had occurred, times a fraction, the numerator of which is the number of months in such year through the end of the month in which such termination occurs, and the denominator of which is twelve (12). (b) In the event that the Executive shall become Disabled, the Corporation shall have the right to terminate the Executive's employment hereunder by giving him written notice of such termination. Upon receipt of such notice, the Executive's employment hereunder shall terminate. In the event of such termination, the Corporation shall pay to the Executive (i) the unpaid Base Salary owing to the Executive through the end of the month of such termination, in a lump sum within five (5) business days of such termination, and (ii) a Bonus for the year in which such termination occurs, equal to the Bonus (if any) that would have been paid for such year if no such termination had occurred, times a fraction, the numerator of which is the number of months in such year through the end of the month in which such termination occurs, and the denominator of which is twelve (12). (c) If the Executive has made interim draws against his Bonus, in accordance with Section 6(b) hereof, for any fiscal year prior to the date of his death or termination for disability for which a year-end reconciliation has not been made in accordance with clause (iv) of such Section, any Bonus payment required pursuant to Section 8(a) or 8(b) shall be adjusted, and the Corporation shall make a payment to the Executive or his estate or the Executive or his estate shall make a payment to the Corporation, as required by Section 6(b)(iv).

Appears in 3 contracts

Samples: Employment Agreement (Pomerantz John J), Employment Agreement (Fay Leslie Co Inc), Employment Agreement (Fay Leslie Co Inc)

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Termination, Death or Disability. (a) In the event of the termination of the Executive's employment because of the death of the Executive during the Term, the Corporation shall pay to any one or more beneficiaries designated by the Executive pursuant to notice to the Corporation, or, failing such designation, to the Executive's estate, (i) the unpaid Base Salary owing to the Employee through the end of the month of his death, in a lump sum within five (5) business days after his death, and (ii) a Bonus bonus for the year in which such termination occurs, equal to the Bonus bonus (if any) that would have been paid for such year if no such termination had occurred, times a fraction, the numerator of which is the number of months in such year through the end of the month in which such termination occurs, and the denominator of which is twelve (12) (such bonus to be computed and paid at the time and in the manner specified in Section 6 hereof). (b) In the event that the Executive shall become Disabled, the Corporation shall have the right to terminate the Executive's employment hereunder by giving him written notice of such termination. Upon receipt of such notice, the Executive's employment hereunder shall terminate. In the event of such termination, the Corporation shall pay to the Executive (i) the unpaid Base Salary owing to the Executive through the end of the month of such termination, in a lump sum within five (5) business days of such termination, and (ii) a Bonus bonus for the year in which such termination occurs, equal to the Bonus bonus (if any) that would have been paid for such year if no such termination had occurred, times a fraction, the numerator of which is the number of months in such year through the end of the month in which such termination occurs, and the denominator of which is twelve (12) (such bonus to be computed and paid at the time and in the manner specified in Section 6 hereof). (c) If the Executive has made interim draws against his Bonus, in accordance with Section 6(b) hereof, for any fiscal year prior to the date of his death or termination for disability for which a year-end reconciliation has not been made in accordance with clause (iv) of such Section, any Bonus payment required pursuant to Section 8(a) or 8(b) shall be adjusted, and the Corporation shall make a payment to the Executive or his estate or the Executive or his estate shall make a payment to the Corporation, as required by Section 6(b)(iv).

Appears in 3 contracts

Samples: Employment Agreement (Fay Leslie Companies Inc), Employment Agreement (Fay Leslie Companies Inc), Employment Agreement (Fay Leslie Companies Inc)

Termination, Death or Disability. (a) In the event of the termination of the Executive's employment because of the death of the Executive during the Term, the Corporation shall pay to any one or more beneficiaries benefi ciaries designated by the Executive pursuant to notice to the Corporation, or, failing such designation, to the Executive's estate, (i) the unpaid Base Salary owing to the Employee through the end of the month of his death, in a lump sum within five (5) business days after his death, and (ii) a Bonus bonus for the year in which such termination occurs, equal to the Bonus bonus (if any) that would have been paid for such year if no such termination had occurred, times a fraction, the numerator of which is the number of months in such year through the end of the month in which such termination occurs, and the denominator of which is twelve (12) (such bonus to be computed and paid at the time and in the manner specified in Section 6 hereof). (b) In the event that the Executive shall become Disabled, the Corporation shall have the right to terminate the Executive's employment hereunder by giving him written notice of such termination. Upon receipt of such notice, the Executive's employment hereunder shall terminate. In the event of such termination, the Corporation shall pay to the Executive (i) the unpaid Base Salary owing to the Executive through the end of the month of such termination, in a lump sum within five (5) business days of such termination, and (ii) a Bonus bonus for the year in which such termination occurs, equal to the Bonus bonus (if any) that would have been paid for such year if no such termination had occurred, times a fraction, the numerator of which is the number of months in such year through the end of the month in which such termination occurs, and the denominator of which is twelve (12) (such bonus to be computed and paid at the time and in the manner specified in Section 6 hereof). (c) If the Executive has made interim draws against his Bonus, in accordance with Section 6(b) hereof, for any fiscal year prior to the date of his death or termination for disability for which a year-end reconciliation has not been made in accordance with clause (iv) of such Section, any Bonus payment required pursuant to Section 8(a) or 8(b) shall be adjusted, and the Corporation shall make a payment to the Executive or his estate or the Executive or his estate shall make a payment to the Corporation, as required by Section 6(b)(iv).

Appears in 1 contract

Samples: Employment Agreement (Fay Leslie Companies Inc)

Termination, Death or Disability. (a) In the event of the termination of the Executive's employment because of the death of the Executive during the Term, the Corporation shall pay to any one or more beneficiaries designated by the Executive pursuant to notice to the Corporation, or, failing such designation, to the Executive's estate, (i) the unpaid Base Salary owing to the Employee through the end of the month of his her death, in a lump sum within five (5) business days after his her death, and (ii) a Bonus bonus for the year in which such termination occurs, equal to the Bonus bonus (if any) that would have been paid for such year if no such termination had occurred, times a fraction, the numerator of which is the number of months in such year through the end of the month in which such termination occurs, and the denominator of which is twelve (12) (such bonus to be computed and paid at the time and in the manner specified in Section 6 hereof). (b) In the event that the Executive shall become Disabled, the Corporation shall have the right to terminate the Executive's employment hereunder by giving him her written notice of such termination. Upon receipt of such notice, the Executive's employment hereunder shall terminate. In the event of such termination, the Corporation shall pay to the Executive (i) the unpaid Base Salary owing to the Executive through the end of the month of such termination, in a lump sum within five (5) business days of such termination, and (ii) a Bonus bonus for the year in which such termination occurs, equal to the Bonus bonus (if any) that would have been paid for such year if no such termination had occurred, times a fraction, the numerator of which is the number of months in such year through the end of the month in which such termination occurs, and the denominator of which is twelve (12) (such bonus to be computed and paid at the time and in the manner specified in Section 6 hereof). (c) If the Executive has made interim draws against his Bonus, in accordance with Section 6(b) hereof, for any fiscal year prior to the date of his death or termination for disability for which a year-end reconciliation has not been made in accordance with clause (iv) of such Section, any Bonus payment required pursuant to Section 8(a) or 8(b) shall be adjusted, and the Corporation shall make a payment to the Executive or his estate or the Executive or his estate shall make a payment to the Corporation, as required by Section 6(b)(iv).

Appears in 1 contract

Samples: Employment Agreement (Fay Leslie Companies Inc)

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Termination, Death or Disability. (a) In the event of the termination of the Executive's employment because of the death of the Executive during the Term, the Corporation shall pay to any one or more beneficiaries designated by the Executive pursuant to notice to the Corporation, or, failing such designation, to the Executive's estate, (i) the unpaid Base Salary owing to the Employee through the end of the month of his death, in a lump sum within five (5) business days after his death, and (ii) a Bonus for the year in which such termination occurs, equal to the Bonus (if any) that would have been paid for such year if no such termination had occurred, times a fraction, the numerator of which is the number of months in such year through the end of the month in which such termination occurs, and the denominator of which is twelve (12). (b) In the event that the Executive shall become Disabled, the Corporation shall have the right to terminate the Executive's employment hereunder by giving him written notice of such termination. Upon receipt of such notice, the Executive's employment hereunder shall terminate. In the event of such termination, the Corporation shall pay to the Executive (i) the unpaid Base Salary owing to the Executive through the end of the month of such termination, in a lump sum within five (5) business days of such termination, and (ii) a Bonus for the year in which such termination occurs, equal to the Bonus (if any) that would have been paid for such year if no such termination had -7- occurred, times a fraction, the numerator of which is the number of months in such year through the end of the month in which such termination occurs, and the denominator of which is twelve (12). (c) If the Executive has made interim draws against his Bonus, in accordance with Section 6(b) hereof, for any fiscal year prior to the date of his death or termination for disability for which a year-end reconciliation has not been made in accordance with clause (iv) of such Section, any Bonus payment required pursuant to Section 8(a) or 8(b) shall be adjusted, and the Corporation shall make a payment to the Executive or his estate or the Executive or his estate shall make a payment to the Corporation, as required by Section 6(b)(iv).

Appears in 1 contract

Samples: Employment Agreement (Fay Leslie Co Inc)

Termination, Death or Disability. (a) In the event of the termination of the Executive's employment because of the death of the Executive during the Term, the Corporation shall pay to any one or more beneficiaries designated by the Executive pursuant to notice to the Corporation, or, failing such designation, to the Executive's estate, (i) the unpaid Base Salary owing to the Employee through the end of the month of his death, in a lump sum within five (5) business days after his death, and (ii) a Bonus bonus for the year in which such termination occurs, equal to the Bonus bonus (if any) that would have been paid for such year if no such termination had occurred, times a fraction, the numerator of which is the number of months in such year through the end of the month in which such termination occurs, and the denominator of which is twelve (12such bonus to be computed and paid at the time and in the manner specified in Section 5). (b) In the event that the Executive shall become DisabledDisabled (as hereinafter defined), the Corporation shall have the right to terminate the Executive's employment hereunder by giving him written notice of such termination. Upon receipt of such notice, the Executive's employment hereunder shall terminate. In the event of such termination, the Corporation shall pay to the Executive (i) the unpaid Base Salary owing to the Executive through the end of the month of such termination, in a lump sum within five (5) business days of such termination, and (ii) a Bonus bonus for the year in which such termination occurs, equal to the Bonus bonus (if any) that would have been paid for such year if no such termination had occurred, times a fraction, the numerator of which is the number of months in such year through the end of the month in which such termination occurs, and the denominator of which is twelve (12such bonus to be computed and paid at the time and in the manner specified in Section 5). (c) If . For the Executive has made interim draws against his Bonus, in accordance with Section 6(b) purposes hereof, for any fiscal year prior "Disabled" shall mean, with respect to the date Executive, being physically or mentally disabled, whether totally or partially, so that he is substantially unable to perform his services hereunder for a consecutive period of his death more than six months or termination for disability for which a yearshorter periods aggregating six months during any twelve-end reconciliation has not been made in accordance with clause (iv) of such Section, any Bonus payment required pursuant to Section 8(a) or 8(b) shall be adjusted, and the Corporation shall make a payment to the Executive or his estate or the Executive or his estate shall make a payment to the Corporation, as required by Section 6(b)(iv)month period.

Appears in 1 contract

Samples: Employment Agreement (Sassco Fashions LTD /De/)

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