Termination Due to Disability of Executive Sample Clauses

Termination Due to Disability of Executive. The Company may terminate Executive's employment at any time following Executive's Disability upon written notice to Executive. Likewise, Executive may terminate his employment at any time following his Disability upon written notice to the Company. Upon any termination of Executive's employment hereunder, the Company shall have no further obligation to make payments under this Agreement, other than (i) accrued salary and benefits through the effective date of termination of employment, and (ii) a lump sum payment equal to one year's Base Salary (determined at the time notice of termination is provided) (the "Severance Payment"). The Severance Payment shall be made within thirty (30) following termination of Executive's employment; provided, however, that if at the time of such termination Executive is a "specified employee" of the Company (as determined under Section 409A of the Internal Revenue Code of 1986, as amended), the Severance Payment shall be made six months and one day following termination. For purposes of this Agreement, "Disability" shall occur if the Company determines (in accordance with applicable law) that Executive has been unable, due to physical or mental illness or incapacity, to perform the essential duties of his employment with reasonable accommodation for a continuous period of ninety (90) days or an aggregate of one hundred twenty (120) days during any consecutive 12-month period; provided, however, that in the event the Company maintains disability insurance covering Executive, such time periods shall be consistent with the comparable time periods set forth in the applicable policy(ies).
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Termination Due to Disability of Executive. If Executive is unable to substantially perform the duties of his position because of physical or mental impairment or illness for an aggregate of six months during any twelve month period, the Company may elect to terminate Executive's employment, in which case all obligations of the Company under this agreement shall terminate, except that the Company shall continue Executive's pre-termination base salary, health, dental, vision, prescription and life insurance coverage for a period of twelve months after the termination date, reduced by any disability payments for which Executive is eligible under any Company-sponsored disability plans. For purposes of this paragraph "disability" means the absence of the Executive from the Executive's duties with the Company due to physical or mental incapacity, which incapacity and its cause for such absence is determined by a physician selected by the Company or its insurers and acceptable to Executive or the Executive's legal representative.
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Termination Due to Disability of Executive. Upon the termination of Executive’s employment as a result of his disability, Executive shall be entitled to receive through the remainder of the Term following the month in which such termination occurs (a) the base Salary that would otherwise be payable to Executive hereunder to the end of the month in which such termination occurs and; (b) any Bonus and Additional Bonuses due and earned throughout said time period; (c) any amounts earned pursuant to the terms of this Agreement but unpaid at the time of termination; and (d) all benefits in accordance with Section 2.9 herein. The payments specified in this Section 3.2.3 shall be paid as soon as practicable but in any event no later than 30 days after the date of termination. The payments shall be made in cash in US Dollars and in the United States of America. Whenever compensation is payable to Executive hereunder during a time when Executive is partially or totally disabled and such disability (except for the provisions hereof) would entitle Executive to disability income or to salary continuation payments from Company according to the terms of any plan now or hereafter provided by Company or according to any policy of Company in effect at the time of such disability, the compensation payable to Executive hereunder shall be inclusive of any such disability income or salary continuation and shall not be in addition thereto. If disability income is payable directly to Executive by an insurance company under an insurance policy paid for by Company, then any such disability income paid during the 30 months following date of termination shall be considered to be part of the payments to be made by the Company pursuant to this Section 3.2.3, and not in addition thereto, and shall be paid to Company, up to but not to exceed the amount of payments actually made by Company pursuant to this Section 3.2.3. All disability income paid to Executive by said insurance company (i) during the 30 months following date of termination in excess of the payments actually made by Company pursuant to this Section 3.2.3, and (ii) after 30 months following date of termination shall be the sole property of Executive as governed by said insurance policy and shall not be required to be paid to Company.
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Termination Due to Disability of Executive. If Executive is unable to substantially perform the duties of his position because of physical or mental impairment or illness for an aggregate of three months during any twelve month period, Vantage may elect to terminate Peninsula’s service agreement, in which case all obligations of Vantage under this agreement shall terminate, except that Peninsula shall be entitled to keep any shares of common stock that Vantage has already issued to Peninsula, and receive a payment of one month’s service fee at the time Peninsula’s service agreement is terminated. For purposes of this paragraph "disability" means the absence of the Executive from the Executive's duties with Vantage due to physical or mental incapacity, which incapacity and its cause for such absence is determined by a physician selected by Vantage or its insurers and acceptable to Peninsula or Peninsula’s legal representative. Termination with good cause. As used throughout this Agreement, "good cause" means and is limited to (i) action by the Executive involving willful and wanton malfeasance involving specifically a wholly wrongful act; (ii) the Executive being convicted of, or pleading guilty/nolo contendere to, a felony; (iii) an intentional, material and substantial violation by the Executive of a rule, regulation, policy or procedure of Vantage generally applicable to all employees; (iv) a substantial and material neglect of Executive's duties, which remains uncorrected after written notice thereof and a cure period of fifteen days; or (v) a material failure by the Executive to follow a directive of the Board of Directors of Vantage or Vantage’s Chairman, but only if such directive does not require the Executive to violate Company policy or professional or ethical responsibilities. During the term of this Agreement it shall not be a violation of this Agreement for the Executive to serve on a corporate, civic or charitable board or committee, deliver lectures, fulfill speaking engagements or to manage personal investments, so long as such activities do not violate applicable corporate policy or procedures as in effect on the effective date of this Agreement and do not materially interfere with the performance of Executive's duties and responsibilities. It is expressly understood and agreed that to the extent that any such activities have been conducted by the Executive prior to the effective date of this Agreement, the continued conduct of such activities (or the conduct of activities similar in...
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Related to Termination Due to Disability of Executive

  • Termination Due to Disability If the Optionee’s employment terminates by reason of the Optionee’s disability (as determined by the Administrator), any portion of this Stock Option outstanding on such date shall become fully exercisable and may thereafter be exercised by the Optionee for a period of 12 months from the date of termination or until the Expiration Date, if earlier.

  • Termination of Employment Due to Disability If the Executive’s employment is terminated due to Disability during the Term of Employment, either by the Company or by the Executive, the Term of Employment shall end as of the date of the termination of the Executive’s employment and the Executive shall be entitled to the following:

  • Termination Due to Disability or Death Executive’s employment hereunder may be terminated by the Company as follows:

  • 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 immediately, and the Company shall, pursuant to the Company’s standard payroll policies, pay to Executive’s legal representatives all Accrued Obligations.

  • Termination Due to Death or Disability Executive’s employment shall terminate automatically upon Executive’s death. The Company may terminate Executive’s employment immediately upon the occurrence of a Disability, such termination to be effective upon Executive’s receipt of written notice of such termination. Upon Executive’s death or in the event that Executive’s employment is terminated due to Executive’s Disability, Executive or Executive’s estate or Executive’s beneficiaries, as the case may be, shall be entitled to:

  • Death or Disability of Executive Executive's employment -------------------------------- hereunder shall terminate immediately upon the death or Disability of Executive.

  • Termination of Employment Due to Death or Disability 4.1. In the event of your termination of employment due to death or permanent disability (within the meaning of Section 22(e)(3) of the Internal Revenue Code of 1986 (the “Code”)) during the Initial Term or the Additional Term, on the date of such termination each outstanding and unvested equity award held by you that, pursuant to its terms, vests solely based upon providing continued service to Skyworks, including, without limitation, stock options, restricted stock awards (including restricted stock unit awards), and performance-based equity awards that are earned but unissued, shall automatically become vested, exercisable, and issuable, and any forfeiture restrictions thereon shall immediately lapse, as applicable, in each case, with respect to one-hundred percent (100%) of that number of then-unvested shares underlying such equity award.

  • Termination of Service Due to Death or Disability If an Awardee’s service on the Board terminates by reason of death or Disability, the restrictions and risk of forfeiture with respect to the Restricted Stock which have not expired shall immediately lapse and all shares of the Restricted Stock shall be deemed fully vested and nonforfeitable.

  • Termination Due to Death or Permanent Disability If the Employment Period shall be terminated due to death or Permanent Disability of the Executive, the Executive (or his estate or legal representative) shall be entitled solely to the following: (i) Base Salary through the Date of Termination; and (ii) medical benefits as provided in Section 5.05 below. The Executive’s entitlements under any other benefit plan or program shall be as determined thereunder. In addition, promptly following any such termination, the Executive (or his estate or legal representative) shall be reimbursed for all Reimbursable Expenses incurred by the Executive prior to such termination.

  • Termination of Employment Due to Death The Officer’s employment with the Bank shall terminate, automatically and without any further action on the part of any party to this Agreement, on the date of the Officer’s death. In such event, the Bank shall pay and deliver to his estate and surviving dependents and beneficiaries, as applicable, the Standard Termination Entitlements.

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