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

Termination Due to Death or Permanent Incapacity. This Agreement, and the Employment Term shall automatically terminate on the date on which Executive dies or becomes permanently incapacitated. “Permanent incapacity” shall mean that (i) Executive is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months; or (ii) Executive is, by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months, receiving income replacement benefits for a period of not less than three (3) months under an accident and health plan covering employees of the service provider’s employer. Executive shall be deemed to have become “permanently incapacitated” on the date that is thirty (30) days after the Company has determined that Executive is permanently incapacitated and so notifies Executive.

Termination Due to Death or Permanent Incapacity. This Agreement, and the Employment Term or the Consultancy Term, if any, shall automatically terminate on the date on which Executive dies or becomes permanently incapacitated. “Permanent incapacity” shall mean that (i) Executive is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months; or (ii) Executive is, by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months, receiving income replacement benefits for a period of not less than three (3) months under an accident and health plan covering employees of the service provider’s employer. Executive shall be deemed to have become “permanently incapacitated” on the date that is thirty (30) days after the Company has determined that Executive is permanently incapacitated and so notifies Executive.

Termination Due to Death or Permanent Incapacity. This Agreement, and the Employment Term Term, shall automatically terminate on the date on which Executive dies or becomes permanently incapacitated. “Permanent incapacity” shall mean that (i) Executive is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months; or (ii) Executive is, by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months, receiving income replacement benefits for a period of not less than three (3) months under an accident and health plan covering employees of the service provider’s employer. Executive shall be deemed to have become “permanently incapacitated” on the date that is thirty (30) days after the Company has determined that Executive is permanently incapacitated and so notifies Executive.