Common use of Termination Due to Death or Disability Clause in Contracts

Termination Due to Death or Disability. During the Employment Period, Executive’s employment shall automatically terminate in the event of Executive’s death, and may be terminated by the Company due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties for a continuous period of 90 days or longer, or for 180 days or more in any 12-month period.

Termination Due to Death or Disability. During the Employment PeriodSubject to applicable state or federal law, Executive’s employment shall with the Company will automatically terminate in the event of upon Executive’s death, and may be terminated by the Company due to Executive’s death or Disability. For purposes of this Agreement, “Disability” shall mean means a physical or mental condition or disability that prevents, regardless of any reasonable accommodation, the performance by which prevents Executive of from performing Executive’s duties job responsibilities for a continuous period of 90 days or longermore than six (6) months in any twelve (12) month period, or for 180 days or more in any 12-month periodthan four (4) consecutive months.

Termination Due to Death or Disability. During the Employment Period, The Executive’s employment hereunder shall automatically terminate upon the Executive’s death or in the event of Executive’s death, and may be terminated a termination by the Company Employers due to the Executive’s Disability. For purposes of this Agreement, “Disability” shall mean (i) a finding by the President or the Board that the Executive has been unable to perform his job functions by reason of a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties impairment for a continuous period of 90 consecutive days or longerany 90 days within a period of 180 consecutive days. The President’s or the Board’s good faith determination of Disability shall be final, or for 180 days or more in any 12-month periodbinding and conclusive.

Termination Due to Death or Disability. During the Employment Period, Executive’s employment shall automatically terminate in the event of Executive’s death, and may be terminated by the Company due to Executive’s DisabilityDisability (as defined below). For the purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, prevents the performance by Executive of Executive’s essential duties under this Agreement for a continuous period of 90 180 days or longer, or for 180 360 days or more in any 1224-month period; provided, that, the Company will comply with all obligations to provide reasonable accommodation of any disability of Executive consistent with applicable law.

Termination Due to Death or Disability. During the Employment Period, Executive’s employment shall automatically will terminate in the event of Executive’s death, and may be terminated by the Company due to Executive’s upon his death or Disability. For purposes of this Agreement, “Disability” shall mean a refer to Executive’s physical or mental disability that prevents, regardless preventing him from carrying out substantially all of any reasonable accommodation, the performance by Executive of Executive’s his duties under this Agreement for a continuous period of 90 days six consecutive months (or longer, or for 180 days or more 25 weeks in any 12-month period). If Executive and the Company disagree as to the existence of a Disability, the dispute shall be resolved by an independent medical doctor selected by Executive and acceptable to the Company, such acceptance not to be unreasonably withheld.

Termination Due to Death or Disability. During In the Employment Periodevent of the Executive’s death, Executive’s employment shall automatically cease and terminate as of the date of death. If Executive becomes Disabled, the Company may terminate Executive’s employment upon thirty (30) days written notice to Executive. In the event of the termination of employment due to Executive’s death or Disability, Executive or his estate or legal representatives shall be entitled to receive the following amounts within thirty (30) days of Executive’s death or the expiration of the thirty (30)-day notice period in the event of Executive’s deathDisability, and may be terminated by the Company due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties for a continuous period of 90 days or longer, or for 180 days or more in any 12-month period.as applicable (unless otherwise specifically noted herein):

Termination Due to Death or Disability. During Upon Supermajority Approval, the Employment Period, Company may terminate Executive’s employment shall automatically terminate in the event of Executive’s death, and may be terminated by the Company due to Executive’s Disability. For purposes of if he is prevented from performing his responsibilities under this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties Agreement for a continuous consecutive period of 90 days six months or longer, or for 180 days or more in longer during any 12-month periodperiod of the Term hereof, by reason of any accident, illness, or mental, or physical disability. Executive’s employment hereunder shall terminate upon his death.

Termination Due to Death or Disability. During the Employment Period, Executive’s employment shall automatically terminate in the event of Executive’s death, and may be terminated by the Company due to Executive’s DisabilityDisability (as defined below). For the purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties under this Agreement for a continuous period of 90 days or longer, or for 180 days or more in any 12-month period.

Termination Due to Death or Disability. During In the Employment Periodevent of the Executive's death, Executive’s 's employment shall automatically cease and terminate as of the date of death. If Executive becomes Disabled, the Company may terminate Executive's employment upon thirty (30) days written notice to Executive. In the event of the termination of employment due to Executive's death or Disability, Executive or his estate or legal representatives shall be entitled to receive the following amounts within thirty (30) days of Executive's death or the expiration of the thirty (30)-day notice period in the event of Executive’s death's Disability, and may be terminated by the Company due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties for a continuous period of 90 days or longer, or for 180 days or more in any 12-month period.as applicable (unless otherwise specifically noted herein):

Termination Due to Death or Disability. During If Executive dies during the Employment PeriodTerm, Executive’s employment shall automatically cease and terminate in as of the event date of Executive’s death. If Executive becomes Disabled during the Term, and may be terminated by the Company may terminate Executive’s employment upon thirty (30) days notice to Executive. In the event of the termination of employment hereunder due to Executive’s death or Disability. For purposes of this Agreement, “Disability” Executive or his estate shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties for a continuous period of 90 days or longer, or for 180 days or more in any 12-month period.be entitled to receive:

Termination Due to Death or Disability. During the Employment Period, Executive’s employment hereunder shall automatically terminate in upon his death. The Company and Holdings may terminate Executive’s employment if he is prevented from performing his responsibilities under this Agreement because of “Disability.” A “Disability” means that Executive has been unable to perform the event essential functions of Executive’s deathposition because of illness, and may be terminated by the Company due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical injury or mental other disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties for a continuous period of 90 days or longermore than one hundred twenty (120) consecutive calendar days, or for 180 more than a total of ninety-five (95) business days (either consecutive or more non-consecutive) in any 12-month consecutive twelve (12)-month period, subject to the reasonable accommodation requirements of applicable laws.

Termination Due to Death or Disability. During the Employment Period, The Executive’s employment shall automatically terminate in immediately upon the event of Executive’s death, and may death or disability (as described herein). The Executive shall be terminated by deemed to suffer from a disability if (i) the Company Executive is disabled as defined in any disability insurance policy providing coverage for the Executive; or (ii) as a result of the Executive’s incapacity due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodationillness, the Executive is absent from the full-time performance by Executive of the Executive’s duties with the Bank for a continuous period of 90 days or longer, or for 180 days ninety (90) or more in days, whether or not consecutive, during any 12-six (6) month period.

Termination Due to Death or Disability. During the Employment Period, Executive’s employment shall automatically terminate in the event of Executive’s death, and may be terminated by the Company due to Executive’s DisabilityDisability (as defined below). For the purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, prevents the performance by Executive of Executive’s essential duties under this Agreement for a continuous period of 90 180 days or longer, or for 180 360 days or more in any 1224-month period.; provided, that, the Company will comply with all obligations to provide reasonable accommodation of any disability of Executive consistent with applicable law. (b)

Termination Due to Death or Disability. During the Employment Period, Executive’s employment (a) This Agreement shall automatically terminate in upon the event death of the Executive’s death. In addition, and may be terminated by if any disability or incapacity of the Company due Executive to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless perform his duties as the result of any reasonable accommodationinjury, the performance by Executive of Executive’s duties sickness or physical, mental or emotional condition continues for a continuous period of 90 days or longer, or for 180 days or more in any 12-month periodperiod during the Employment Term, or can reasonably be expected to continue for such period (in either case, a "Disability"), the Corporation may terminate the Executive's employment by giving 15 days' prior written notice thereof to the Executive in accordance with Section 8.7 hereof.

Termination Due to Death or Disability. During the Employment Period, The Executive’s employment hereunder shall automatically terminate upon the Executive’s death or in the event of Executive’s death, and may be terminated a termination by the Company Employers due to the Executive’s Disability. For purposes of this Agreement, “Disability” shall mean (i) a finding by the President or the Board that the Executive has been unable to perform her job functions by reason of a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties impairment for a continuous period of 90 consecutive days or longerany 90 days within a period of 180 consecutive days. The President’s or the Board’s good faith determination of Disability shall be final, or for 180 days or more in any 12-month periodbinding and conclusive.

Termination Due to Death or Disability. During the Employment PeriodIf Executive dies, Executive’s 's employment shall automatically cease and terminate in as of the date of Executive's death. If Executive becomes Disabled during his employment, the Company may terminate Executive's employment upon thirty (30) days notice to Executive. In the event of Executive’s death, and may be terminated by the Company termination of employment hereunder due to Executive’s 's death or Disability. For purposes of this Agreement, “Disability” Executive or his estate shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties for a continuous period of 90 days or longer, or for 180 days or more in any 12-month period.be entitled to receive:

Termination Due to Death or Disability. During the Employment Period, Executive’s employment hereunder shall automatically terminate in the event of upon Executive’s death, death and may be terminated by the Company Avatar due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, prevents the performance by Executive of Executive’s duties under this Agreement for a continuous period of 90 days or longer, or for 180 days or more in any 12-month period.

Termination Due to Death or Disability. During the Employment Period, Executive’s employment shall automatically terminate in the event of upon Executive’s death, death and may be terminated by the Company due to Executive’s Disability. In the event that Executive’s employment is terminated due to her death or Disability, the sole termination benefits payable to or in respect of Executive shall be as provided in Section 8(f). For purposes of this Agreement, “Disability” shall mean a occur if, by reason of physical or mental disability that preventsillness or incapacity, regardless Executive is unable to carry out her material duties pursuant to the terms of any reasonable accommodation, the performance by Executive of Executive’s duties this Agreement for a continuous period of 90 days or longer, or for more than 180 days or more in any 12-month periodconsecutive days.

Termination Due to Death or Disability. During If Executive dies during the Employment PeriodTerm, Executive’s 's employment shall automatically cease and terminate in as of the date of Executive's death. If Executive becomes Disabled during the Term, the Company may terminate Executive's employment upon thirty (30) days notice to Executive. In the event of Executive’s death, and may be terminated by the Company termination of employment hereunder due to Executive’s 's death or Disability. For purposes of this Agreement, “Disability” Executive or her estate shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties for a continuous period of 90 days or longer, or for 180 days or more in any 12-month period.be entitled to receive:

Termination Due to Death or Disability. During the Employment Period, Executive’s employment shall automatically terminate in the event of upon Executive’s death, death and may be terminated by the Company due to Executive’s DisabilityDisability (as defined below in this subsection (a)). In the event that Executive’s employment is terminated due to her Disability or death, no termination benefits shall be payable to or in respect of Executive except as provided in Section 9(f)(ii). For purposes of this Agreement, “Disability” shall mean means a physical or mental disability that prevents, regardless of any reasonable accommodation, prevents or would prevent the performance by Executive of Executive’s her duties hereunder for a continuous period of 90 days six (6) months or longer, or for 180 days or more in any 12-month period.. The determination of Executive’s Disability will

Termination Due to Death or Disability. During the Employment Period, Executive’s employment shall automatically will terminate in the event of Executive’s death, and may be terminated by the Company due to Executive’s upon his death or Disability. For purposes of this Agreement, “Disability” shall mean a refer to Executive’s physical or mental disability that prevents, regardless preventing him from carrying out substantially all of any reasonable accommodation, his duties as Executive Chairman of the performance by Executive Board of Executive’s duties Directors for a continuous period of 90 days four consecutive months (or longer, or for 180 days or more 25 weeks in any 12-month period). If Executive and Noble disagree as to the existence of a Disability, the dispute shall be resolved by an independent medical doctor selected by Executive and Noble.

Termination Due to Death or Disability. During the Employment Period, The Executive’s employment hereunder shall automatically terminate upon the Executive’s death or in the event of Executive’s death, and may be terminated a termination by the Company Employer due to the Executive’s Disability. For purposes of this Agreement, “Disability” shall mean (i) a finding by the Board that the Executive has been unable to perform his job functions by reason of a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties impairment for a continuous period of 90 one hundred twenty (120) consecutive days or longerany one hundred eighty (180) days within a period of one (1) year. The Board’s good faith determination of Disability shall be final, or for 180 days or more in any 12-month periodbinding and conclusive.

Termination Due to Death or Disability. During the Employment Period, Executive’s employment shall automatically will terminate in the event of Executive’s death, and may be terminated by the Company due to Executive’s upon his death or Disability. For purposes of this Agreement, “Disability” shall mean a refer to Executive’s physical or mental disability that prevents, regardless preventing him from carrying out substantially all of any reasonable accommodation, the performance by his duties as Executive of Executive’s duties Vice President Development for a continuous period of 90 days four consecutive months (or longer, or for 180 days or more 25 weeks in any 12-month period). If Executive and Noble disagree as to the existence of a Disability, the dispute shall be resolved by an independent medical doctor selected by Executive and Noble.

Termination Due to Death or Disability. During In the Employment Periodevent of the Executive's death, Executive’s 's employment shall automatically cease and terminate as of the date of death. If Executive becomes Disabled, the Company may terminate Executive's employment upon thirty (30) days written notice to Executive. In the event of the termination of employment due to Executive's death or Disability, Executive or her estate or legal representatives shall be entitled to receive the following amounts within thirty (30) days of Executive's death or the expiration of the thirty (30)-day notice period in the event of Executive’s death's Disability, and may be terminated by the Company due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties for a continuous period of 90 days or longer, or for 180 days or more in any 12-month period.as applicable (unless otherwise specifically noted herein):

Termination Due to Death or Disability. During the Employment Period, Executive’s employment shall terminate automatically terminate in the event of upon Executive’s death, and may death or if Executive becomes Disabled. Executive shall be deemed Disabled if Executive is unable for medical reasons to perform his essential job duties for ninety (90) days in a twelve (12) month period. If Executive’s employment is terminated by the Company due to Executive’s death or Disability, Executive will receive the benefits already due to him under Section 2. For purposes All other obligations of the Company under this Agreement shall cease upon termination of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of Agreement for any reasonable accommodation, the performance by Executive of Executive’s duties for a continuous period of 90 days or longer, or for 180 days or more in any 12-month periodreason.

Termination Due to Death or Disability. During the Employment Period, The Executive’s employment hereunder shall automatically terminate upon the Executive’s death or in the event of Executive’s death, and may be terminated a termination by the Company Employers due to the Executive’s Disability. For purposes of this Agreement, “Disability” shall mean (i) a finding by the Board that the Executive has been unable to perform her job functions by reason of a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties impairment for a continuous period of 90 consecutive days or longerany 90 days within a period of 180 consecutive days. The Board’s good faith determination of Disability shall be final, or for 180 days or more in any 12-month periodbinding and conclusive.

Termination Due to Death or Disability. During In the Employment Periodevent of the Executive’s death, Executive’s employment shall automatically cease and terminate in as of the event date of death. If Executive becomes Disabled, the Company may terminate Executive’s death, and may be terminated by the Company due employment upon thirty (30) days’ written notice to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties for a continuous period of 90 days or longer, or for 180 days or more in any 12-month period.terms

Termination Due to Death or Disability. During the Employment PeriodIf Executive dies, Executive’s employment shall automatically cease and terminate in as of the event date of Executive’s death. If Executive becomes Disabled during his employment, and may be terminated by the Company may thereafter terminate Executive’s employment upon fifteen (15) days written notice to Executive. In the event of the termination of employment hereunder due to Executive’s death or Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Company shall pay to Executive of Executive’s duties for a continuous period of 90 days or longer, or for 180 days or more in any 12-month period.his estate:

Termination Due to Death or Disability. During The Company may terminate the Employment Period, Executive’s employment shall automatically terminate in the event on account of Executive’s deathdisability (as hereinafter described), and may the Executive’s employment will terminate upon the Executive’s death. The Executive will be terminated by deemed to suffer from a disability if, as a result of the Company Executive’s incapacity due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodationillness, the Executive is absent from the full-time performance by Executive of Executive’s his duties with the Company for a continuous period of 90 days ninety (90) days, whether or longernot consecutive, or for 180 days or more in during any 12-six (6) month period.

Termination Due to Death or Disability. During the Employment PeriodIf Executive dies, Executive’s 's employment shall automatically cease and terminate in as of the event date of Executive’s 's death. If Executive becomes Disabled during his employment, and may be terminated by the Company due to may terminate Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties for a continuous period of 90 's employment upon thirty (30) days or longer, or for 180 days or more in any 12-month period.notice to

Termination Due to Death or Disability. During the Employment Period, Executive’s 's employment hereunder shall automatically terminate in immediately upon his death. In the event that by reason of Executive’s deathinjury, and may be terminated by the Company due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a illness or other physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by impairment Executive of Executive’s duties shall be: (a) completely unable to perform his services hereunder for a continuous period of 90 days or longermore than three (3) consecutive months, or (b) unable to perform his services hereunder for 180 days fifty percent (50%) or more in any 12-month period.of the normal working days throughout six (6) consecutive months, then Employer may terminate Executive's employment hereunder immediately upon delivery of notice thereof. Executive's

Termination Due to Death or Disability. During The Company may terminate the Employment Period, Executive’s employment shall automatically terminate in the event of Executive’s death, and may be terminated by the Company hereunder due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean occur if the Executive is unable (other than by reason of death), in the view of the Board, to perform the duties of his occupation hereunder for at least 180 days during any twelve month period. In the event of the Executive’s death or a physical or mental disability that prevents, regardless termination of any reasonable accommodationthe Executive’s employment by the Company due to Disability, the performance by Executive of Executive’s duties for a continuous period of 90 days , his estate or longerhis legal representative, or for 180 days or more in any 12-month period.as the case may be, shall be entitled to:

Termination Due to Death or Disability. During In the Employment Periodevent of the Executive’s death, Executive’s employment shall automatically cease and terminate as of the date of death. If Executive becomes Disabled, the Company may terminate Executive’s employment upon thirty (30) days written notice to Executive. In the event of the termination of employment due to Executive’s death or Disability, Executive or her estate or legal representatives shall be entitled to receive the following amounts within thirty (30) days of Executive’s death or the expiration of the thirty (30)-day notice period in the event of Executive’s deathDisability, and may be terminated by the Company due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties for a continuous period of 90 days or longer, or for 180 days or more in any 12-month period.as applicable (unless otherwise specifically noted herein):

Termination Due to Death or Disability. During The Company may terminate the Employment Period, Executive’s employment shall automatically terminate in the event on account of Executive’s deathdisability, and may the Executive’s employment will terminate upon the Executive’s death. The Executive will be terminated by deemed to suffer from a disability if, as a result of the Company Executive’s incapacity due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodationillness, the Executive is absent from the full-time performance by Executive of Executive’s his duties with the Company for a continuous period of 90 days or longer, or for 180 days ninety (90) or more in days, whether or not consecutive, during any 12-six (6) month period.

Termination Due to Death or Disability. During The Company may terminate the Employment Period, Executive’s 's employment shall automatically terminate in the event of Executive’s death, and may be terminated by the Company hereunder due to Executive’s Disability. For purposes of this Agreementagreement, “"Disability” : shall mean occur if the Executive is unable (other than by reason of death), as determined by the Board on good faith judgement, to perform the duties of his occupation hereunder for at least 180 days during any twelve month period. In the event of the Executive's death or a physical or mental disability that prevents, regardless termination of any reasonable accommodationthe Executive's employment by the Company due to Disability, the performance by Executive of Executive’s duties for a continuous period of 90 days , his estate or longerhis legal representative, or for 180 days or more in any 12-month period.as the case may be, shall be entitled to:

Termination Due to Death or Disability. During the Employment Period, The Executive’s employment hereunder shall automatically terminate upon the Executive’s death or in the event of Executive’s death, and may be terminated a termination by the Company Employers due to the Executive’s Disability. For purposes of this Agreement, “Disability” shall mean (i) a finding by the Board that the Executive has been unable to perform his job functions by reason of a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties impairment for a continuous period of 90 consecutive days or longerany 90 days within a period of 180 consecutive days. The Board’s good faith determination of Disability shall be final, or for 180 days or more in any 12-month periodbinding and conclusive.

Termination Due to Death or Disability. During the Employment Period, Executive’s 's employment shall automatically terminate in the event of Executive’s 's death, and may be terminated by the Company due to Executive’s 's Disability. For purposes of this Agreement, “"Disability” " shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s 's duties for a continuous period of 90 days or longer, or for 180 days or more in any 12-month period.

Termination Due to Death or Disability. During the Employment Period, Executive’s employment hereunder shall automatically terminate in upon his death. The Company and Holdings may terminate Executive’s employment if he is prevented from performing his responsibilities under this Agreement because of “Disability.” A “Disability” means that Executive has been unable to perform the event essential functions of Executive’s deathposition because of illness, and may be terminated by the Company due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical injury or mental other disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties for a continuous period of 90 days or longermore than one hundred twenty (120) consecutive calendar days, or for 180 more than a total of ninety five (95) business days (either consecutive or more non-consecutive) in any 12-consecutive twelve month period, subject to the reasonable accommodation requirements of applicable laws.

Termination Due to Death or Disability. During the Employment Period, Executive’s employment hereunder shall automatically terminate in the event of upon Executive’s death, death and may be terminated by the Company due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, prevents the performance by Executive of Executive’s duties under this Agreement for a continuous period of 90 days or longer, or for 180 days or more in any 12-month period.

Termination Due to Death or Disability. During the Employment Period, Executive’s employment shall automatically terminate hereunder may be terminated by the Company in the event of Executive’s death, Disability (as defined below) and may be terminated by the Company due to shall terminate upon Executive’s Disabilitydeath. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, prevents the performance by Executive of Executive’s duties hereunder for a continuous period of 90 consecutive days or longer, longer or for 180 days or more in any 12-month periodperiod of 24 consecutive months.

Termination Due to Death or Disability. During the Employment Period, Executive’s employment shall automatically terminate in the event of Executive’s death, death and may be terminated by the Company due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties for a continuous period of 90 days or longer, or for 180 days or more in any 12-month period.