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

Termination Due to Death or Incapacity. This Agreement shall be terminated upon the Executive's death or by the Company, at its discretion, because of the Executive's failure to perform substantially all of the material duties of his position for a period of at least one hundred eighty (180) consecutive calendar days due to physical or mental illness or injury. 8.1.1 If the Company elects to terminate this Agreement because of the Executive's incapacity, it shall send him written notice thereof, setting forth in reasonable detail the facts and circumstances that provide a basis for said termination. If the Company and Executive disagree as to Executive's incapacity, each may appoint a medical doctor to certify his opinion as to Executive's incapacity, and if his doctor's do not agree as to Executive's incapacity, then the two doctors will appoint a third medical doctor to certify his or her opinion as to Executive's incapacity, and the decision of a majority of the three doctors will prevail. The Company will bear all expenses for this procedure. 8.1.2 In the event of termination by reason of death, the Executive's estate shall be paid all accrued sums due and owing under Section 4 above and any benefits provided by the Company under Section 6 above. 8.1.3 In the event of incapacity, Executive shall continue to receive his full compensation during the one hundred eighty (180) day period prior to any notice of termination. After that termination, Executive shall be entitled to any accrued amounts due and owing him under Section 4 above and such other benefits as may be provided by Section 6 above.

Termination Due to Death or Incapacity. This Agreement Executive’s employment shall be terminated upon the Executive's death ’s death, or by the Company, at its discretion, because of the Executive's ’s failure to perform substantially all of the material duties of his her position for a period of at a least one hundred eighty (180) 180 consecutive calendar days due to physical or mental illness or injury. 8.1.1 9.1.1 If the Company elects to terminate this Agreement because of the Executive's ’s incapacity, it shall send him her written notice thereof, setting forth in reasonable detail the facts and circumstances that provide a the basis for said its termination. If the Company and the Executive disagree as to the Executive's ’s incapacity, each may appoint a medical doctor to certify his or her opinion as to the Executive's ’s incapacity, and if his doctor's the two doctors do not agree as to the Executive's ’s incapacity, then the two doctors will appoint a third medical doctor to certify his or her opinion as to the Executive's ’s incapacity, and the decision of a the majority of the three doctors will prevail. The Company will bear all expenses for this procedure. 8.1.2 9.1.2 In the event of termination by reason of death, the Executive's ’s estate shall be paid all accrued sums due and owing under Section 4 above and any such other benefits as may be provided by the Company under Section Sections 5 and 6 above. 8.1.3 9.1.3 In the event of termination by reason of incapacity, Executive shall continue to receive his her full compensation during the one hundred eighty (180) -day period prior to any notice of termination. After that the termination, Executive shall be entitled to any accrued amounts due and owing him her under Section 4 above and such other benefits as may be provided by Section Sections 5 and 6 above.

Termination Due to Death or Incapacity. This Agreement shall be terminated upon the Executive's ’s death or by the Company, at its discretion, because of the Executive's ’s failure to perform substantially all of the material duties of his position for a period of at least one hundred eighty (180) consecutive calendar days due to physical or mental illness or injury. 8.1.1 If the Company elects to terminate this Agreement because of the Executive's ’s incapacity, it shall send him written notice thereof, setting forth in reasonable detail the facts and circumstances that provide a basis for said termination. If the Company and Executive disagree as to Executive's ’s incapacity, each may appoint a medical doctor to certify his opinion as to Executive's ’s incapacity, and if his doctor's the doctors do not agree as to Executive's ’s incapacity, then the two doctors will appoint a third medical doctor to certify his or her opinion as to Executive's ’s incapacity, and the decision of a majority of the three doctors will prevail. The Company will bear all expenses for this procedure. 8.1.2 In the event of termination by reason of death, the Executive's ’s estate shall be paid all accrued sums due and owing under Section 4 3 above and any benefits provided by the Company under Section 6 above. 8.1.3 In the event of incapacity, Executive shall continue to receive his full compensation during the one hundred eighty (180) day period prior to any notice of termination. After that termination, Executive shall be entitled to any accrued amounts due and owing him under Section 4 3 above and such other benefits as may be provided by Section 6 above.

Termination Due to Death or Incapacity. This Agreement Executive’s employment shall be terminated upon the Executive's death ’s death, or by the Company, at its discretion, because of the Executive's ’s failure to perform substantially all of the material duties of his position for a period of at a least one hundred eighty (180) 180 consecutive calendar days due to physical or mental illness or injury. 8.1.1 If the Company elects to terminate this Agreement because of the Executive's ’s incapacity, it shall send him written notice thereof, setting forth in reasonable detail the facts and circumstances that provide a the basis for said its termination. If the Company and the Executive disagree as to the Executive's ’s incapacity, each may appoint a medical doctor to certify his opinion as to the Executive's ’s incapacity, and if his doctor's the two doctors do not agree as to the Executive's ’s incapacity, then the two doctors will appoint a third medical doctor to certify his or her opinion as to the Executive's ’s incapacity, and the decision of a the majority of the three doctors will prevail. The Company will bear all expenses for this procedure. 8.1.2 In the event of termination by reason of death, the Executive's ’s estate shall be paid all accrued sums due and owing .owing under Section 4 above and any such other benefits as may be provided by the Company under Section Sections 5 and 6 above. 8.1.3 In the event of termination by reason of incapacity, Executive shall continue to receive his full compensation during the one hundred eighty (180) -day period prior to any notice of termination. After that the termination, Executive shall be entitled to any accrued amounts due and owing him under Section 4 above and such other benefits as may be provided by Section Sections 5 and 6 above.

Termination Due to Death or Incapacity. This Agreement Executive's employment shall be terminated upon the Executive's death death, or by the Company, at its discretion, because of the Executive's failure to perform substantially all of the material duties of his position for a period of at a least one hundred eighty (180) 180 consecutive calendar days due to physical or mental illness or injury. 8.1.1 9.1.1 If the Company elects to terminate this Agreement because of the Executive's incapacity, it shall send him written notice thereof, setting forth in reasonable detail the facts and circumstances that provide a the basis for said its termination. If the Company and the Executive disagree as to the Executive's incapacity, each may appoint a medical doctor to certify his or her opinion as to the Executive's incapacity, and if his doctor's the two doctors do not agree as to the Executive's incapacity, then the two doctors will appoint a third medical doctor to certify his or her opinion as to the Executive's incapacity, and the decision of a the majority of the three doctors will prevail. The Company will bear all expenses for this procedure. 8.1.2 9.1.2 In the event of termination by reason of death, the Executive's estate shall be paid all accrued sums due and owing under Section 4 above and any such other benefits as may be provided by the Company under Section Sections 5 and 6 above. 8.1.3 9.1.3 In the event of termination by reason of incapacity, Executive shall continue to receive his full compensation during the one hundred eighty (180) -day period prior to any notice of termination. After that the termination, Executive shall be entitled to any accrued amounts due and owing him under Section 4 above and such other benefits as may be provided by Section Sections 5 and 6 above.

Termination Due to Death or Incapacity. This Agreement Executive’s employment shall be terminated upon the Executive's death ’s death, or by the Company, at its discretion, because of the Executive's ’s failure to perform substantially all of the material duties of his position for a period of at a least one hundred eighty (180) 180 consecutive calendar days due to physical or mental illness or injury. 8.1.1 9.1.1 If the Company elects to terminate this Agreement because of the Executive's ’s incapacity, it shall send him written notice thereof, setting forth in reasonable detail the facts and circumstances that provide a the basis for said its termination. If the Company and the Executive disagree as to the Executive's ’s incapacity, each may appoint a medical doctor to certify his opinion as to the Executive's ’s incapacity, and if his doctor's the two doctors do not agree as to the Executive's ’s incapacity, then the two doctors will appoint a third medical doctor to certify his or her opinion as to the Executive's ’s incapacity, and the decision of a the majority of the three doctors will prevail. The Company will bear all expenses for this procedure. 8.1.2 9.1.2 In the event of termination by reason of death, the Executive's ’s estate shall be paid all accrued sums due and owing under Section 4 above and any such other benefits as may be provided by the Company under Section Sections 5 and 6 above. 8.1.3 9.1.3 In the event of termination by reason of incapacity, Executive shall continue to receive his full compensation during the one hundred eighty (180) -day period prior to any notice of termination. After that the termination, Executive shall be entitled to any accrued amounts due and owing him under Section 4 above and such other benefits as may be provided by Section Sections 5 and 6 above.