Common use of Termination due to Executive’s Death or Disability Clause in Contracts

Termination due to Executive’s Death or Disability. Executive's employment pursuant to this Agreement shall terminate automatically prior to the expiration of the Term upon Executive's death or Disability (as hereinafter defined). For purposes of this Section, "Disability" shall mean a physical or mental impairment of Executive which results in Executive's inability to perform one or more of the essential functions of Executive's position, for a period of 120 days during any 12 consecutive month period, with or without reasonable accommodation, provided Executive has exhausted Executive's entitlement to any applicable leave, if Executive desires to take such leave and satisfies all eligibility requirements for such leave. In the event that Executive's employment terminates due to Executive's death or Disability, Executive or Executive's estate shall be entitled to receive, in addition to any life insurance or Disability payment, the following:

Appears in 4 contracts

Samples: Employment Agreement (Touch America Holdings Inc), Employment Agreement (Touch America Holdings Inc), Employment Agreement (Touch America Holdings Inc)

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Termination due to Executive’s Death or Disability. Executive's ’s employment pursuant to this Agreement shall terminate automatically prior to the expiration of the Term upon Executive's ’s death or Disability (as hereinafter defined). For purposes of this Section, "Disability" shall mean a physical or mental impairment of Executive which results in Executive's ’s inability to perform one or more of the essential functions of Executive's ’s position, for a period of 120 days during any 12 consecutive month period, with or without reasonable accommodation, provided Executive has exhausted Executive's ’s entitlement to any applicable leave, if Executive desires to take such leave and satisfies all eligibility requirements for such leave. In the event that Executive's ’s employment terminates due to Executive's ’s death or Disability, Executive or Executive's ’s estate shall be entitled to receive, in addition to any life insurance or Disability payment, the following:

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement

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