Termination Due to Executive’s Death or Disability. In the event that Executive’s employment terminates for Death or Disability, Employer shall pay Executive or her estate the following amounts:
(a) all accrued but unpaid Base Salary through the date of termination will be paid on the Employer’s next regularly scheduled pay day after termination;
(b) a pro rata portion (equal to the number of days in the year through the date of termination relative to the total number of days in the year) of Executive’s STIP bonus for the year in which employment terminates, paid no later than March 15th of the following year and based on achievement of the established performance targets;
(c) all accrued but unused vacation earned through the date of termination will be paid on the Employer’s next regularly scheduled pay day after termination; and
(d) any reimbursement of expenses owed pursuant to this Agreement will be paid on the Employer’s next regularly scheduled pay day after termination.
Termination Due to Executive’s Death or Disability. Upon the termination of Executive’s employment due to Executive’s death or Disability pursuant to Section 5.1 and Section 5.2 respectively, Executive or Executive’s legal representatives shall be entitled to receive (i) the acceleration and vesting in full of any then outstanding and unvested portion of any time-vesting equity award granted to Executive by the Company; and (ii) the payments and benefits described under Sections 6.1(a), (d), (e) and (f).
Termination Due to Executive’s Death or Disability. If the Executive’s employment and this Agreement is terminated due to the Executive’s death or Disability (within the meaning of Section 6.2(b)), and at the time no circumstance, event or occurrence constituting a For Cause Event existed, then any Restricted Shares that are scheduled to vest during the period from the date of termination through the next Scheduled Vesting Date, as applicable, pursuant to Section 2.5(a) above (but in no event longer than a six-month period following the date of Executive’s date of termination) shall immediately and automatically vest and become non-forfeitable and the remaining unvested Restricted Shares shall terminate and be forfeited by the Executive and revert to the Employer.
Termination Due to Executive’s Death or Disability. If Executive’s employment terminates during the Term due to death or Disability, Executive or Executive’s legal representatives, as applicable, shall be entitled to (i) an amount equal to the sum of twelve (12) months of Executive’s Base Salary as in effect immediately prior to Executive’s date of termination, (ii) the Pro-rata Bonus, and (iii) the payments and benefits described under Section 10(a)(i) of this Agreement.
Termination Due to Executive’s Death or Disability. Notwithstanding anything else contained in this Agreement, Stoke may terminate Executive’s employment immediately upon Executive’s death, or due to Executive’s Disability (as defined below) by written notice to Executive that Executive’s employment is being terminated as a result of Executive’s Disability, which termination shall be effective on the date of such notice or such later date as specified in writing by Stoke. For the purposes of this Agreement, “Disability” shall mean Executive’s incapacity or inability to perform Executive’s duties and responsibilities as contemplated herein for one hundred twenty (120) days or more within any one (1) year period (cumulative or consecutive), because Executive’s physical or mental health has become so impaired as to make it impossible or impractical for Executive to perform the duties and responsibilities contemplated hereunder. Determination of Executive’s physical or mental health shall be determined by Stoke after consultation with a medical expert appointed by mutual agreement between Stoke and Executive who has examined Executive. Executive hereby consents to such examination and consultation regarding Executive’s health and ability to perform as aforesaid.
Termination Due to Executive’s Death or Disability. If Executive’s employment is terminated due to Executive’s death or pursuant to Disability, the Restricted Shares shall, upon such termination, immediately vest.
Termination Due to Executive’s Death or Disability. Executive’s employment shall terminate immediately upon Executive’s death or Disability. Upon Executive’s death or Disability, the Company shall pay Executive (or his estate, as applicable) within 30 days after the date of termination (or earlier to the extent required by law) the Standard Entitlements and shall allow Executive (or his estate, as applicable) to exercise any vested but unexercised portion of Executive’s outstanding stock options as of the date of termination of Executive’s employment within twelve (12) months after the termination of Executive’s employment with the Company, subject to earlier termination upon the expiration of the maximum term of the applicable options or in connection with a corporate transaction involving the Company to the extent provided in the Plan and/or the award agreements that evidence such options. For purposes of this Agreement, “Disability” shall mean Executive’s inability because of illness or incapacity, substantiated by appropriate medical authority selected by the Company, to render the essential functions of Executive’s job as contemplated by this Agreement over a period of 180 consecutive days after taking into account any reasonable accommodations that would not cause an undue burden on the Company.
Termination Due to Executive’s Death or Disability. In the event that this Agreement is terminated due to Executive’s death or disability (as defined below), Executive (or Executive’s legal representatives) shall be paid (i) nine (9) months’ Base Salary as severance, (ii) Base Salary through the date of termination, (iii) all Bonus payments earned through the date of termination or previously awarded and unpaid and (iv) all accrued and unused vacation and sick leave as of the date of termination. For purposes of this Agreement, the term “Disability” shall mean the mental and physical inability to perform satisfactorily Executive’s regular full time duties - with or without a reasonable accommodation - as determined by a physician chosen by mutual agreement of a physician selected by Executive and a physician selected by TCPW, provided, however, that any Disability which continues for thirty (30) days (whether or not consecutive) in any eighteen (18) month period shall be deemed a Disability.
Termination Due to Executive’s Death or Disability. In the event Executive's employment with EN2GO is terminated due to his death or Disability, Executive, his estate or his beneficiaries, as the case may be, shall be entitled to and their sole remedies under this Agreement shall be:
i. Earned and unpaid Base Salary through the date of death or date of termination of Executive's employment by EN2GO ("TERMINATION DATE") for Disability, payable in a cash lump sum no later than 15 days following the Termination Date;
ii. pro rata annual incentive award (if any) for the year in which Executive's death or termination for Disability occurs, as determined by the Committee in good faith at the conclusion of the fiscal year in which Executive dies or is terminated for Disability (provided that such award is not less than the highest such award payable to Executive during the three years immediately preceding the Termination Date), payable in a cash lump sum no later than 15 days after such determination;
iii. the balance of any incentive awards (if any) earned as of December 31 of the prior year (but not yet paid), payable in a cash lump sum no later than 15 days following the Termination Date; and
iv. all accrued and unpaid vacation time and all other additional benefits then due or earned in accordance with applicable plans and programs of EN2GO.
v. to the extent not therefore paid or provided, EN2GO shall timely pay or provide to Executive any other amounts or benefits required to be paid or provided for which Executive is eligible to receive under any plan, program, policy or practice or contract or agreement of EN2GO and its affiliated companies (Such other amounts and benefits shall be hereinafter referred to as the "Other Benefits"). For purposes of this Section 9(a), the term "DISABILITY" means any illness or incapacity which prohibits Executive from rendering services of the character as contemplated hereunder (i) for a period of 120 consecutive days or 150 days out of 12 consecutive months.
Termination Due to Executive’s Death or Disability. In the event Executive's employment with BioZone is terminated due to his death or disability, Executive, his estate or his beneficiaries, as the case may be, shall be entitled to and their sole remedies under this Agreement shall be:
(i) Earned and unpaid Base Salary through the date of death or date of termination of Executive's employment by BioZone ("Termination Date") for disability, payable in a cash lump sum no later than 15 days following the Termination Date; and
(ii) all accrued and unpaid vacation time and all other additional benefits then due or earned in accordance with applicable plans and programs of BioZone.
