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

Termination due to Executive’s Death or Disability. In the event Executive’s employment with INTELLECT 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 INTELLECT (“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 INTELLECT. (v) to the extent not therefore paid or provided, INTELLECT 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 INTELLECT and its affiliated companies (Such other amounts and benefits shall be hereinafter referred to as the “Other Benefits”).

Termination due to Executive’s Death or Disability. In the event Executive’s 's employment with INTELLECT 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) i. Earned and unpaid Base Salary through the date of death or date of termination of Executive’s 's employment by INTELLECT 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 '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 INTELLECTEN2GO. (v) v. to the extent not therefore paid or provided, INTELLECT 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 INTELLECT 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.