Common use of Termination for disability or death and Severance Package Clause in Contracts

Termination for disability or death and Severance Package. Notwithstanding any other provision of this Agreement, this Agreement will be deemed terminated at any time after the Effective Date and during the Initial Term and during the continuance of this Agreement on the 30th calendar day following either the death or disability of the Executive as a without fault termination (the resulting effective date of any such termination being the "Effective Termination Date" herein). For the purposes of this Agreement the term "disability" shall mean that the Executive shall have been unable to provide the General Services contemplated under this Agreement for a period of 30 calendar days, whether or not consecutive, during any 360 calendar day period, due to a physical or mental disability. A determination of disability shall be made by a physician satisfactory to both the Executive and the Company; provided that if the Executive and the Company do not agree on a physician, the Executive and the Company shall each select a physician and these two together shall select a third physician whose determination as to disability shall be binding on all Parties. Subject to the following severance package (the "Severance Package" herein) obligation of the Company, in the event that the Executive's employment is terminated by the Executive's death or because of disability pursuant to this Agreement, the Company shall pay to the estate of the Executive all amounts to which the Executive would otherwise be entitled under Article "4" hereinbelow until the Effective Termination Date. In this regard, and in addition to all of the amounts otherwise due and payable to the estate of the Executive under Article "4" hereinbelow until the Effective Termination Date, the Company shall also pay and provide to the estate of the Executive the following amounts in the following manner, such ongoing compensation representing the Executive's clear and unequivocal Severance Package for the untimely and early termination of this Agreement prior to the completion of the Initial Term or any Renewal Period by reason of the Executive's death or disability:

Termination for disability or death and Severance Package. Notwithstanding any other provision of this Agreement, this Agreement will be deemed terminated at any time after the Effective Date and during the Initial Term and during the continuance of this Agreement on the 30th calendar day following either the death or disability of the Executive Xx. Xxxxxx as a without fault termination (the resulting effective date of any such termination being the "Effective Termination Date" herein). For the purposes of this Agreement the term "disability" shall mean that the Executive Xx. Xxxxxx shall have been unable to provide assist the Consultant in providing the General Services contemplated under this Agreement for a period of 30 calendar days, whether or not consecutive, during any 360 calendar day period, due to a physical or mental disability. A determination of disability shall be made by a physician satisfactory to both the Executive Consultant and the Company; provided that if the Executive Consultant and the Company do not agree on a physician, the Executive Consultant and the Company shall each select a physician and these two together shall select a third physician whose determination as to disability shall be binding on all Parties. Subject to the following severance package (the "Severance Package" herein) obligation of the Company, in the event that the ExecutiveConsultant's employment is terminated by the Executive's Xx. Xxxxxx'x death or because of disability pursuant to this Agreement, the Company shall pay to the Consultant or to the estate of Xx. Xxxxxx, as may be determined by the Executive estate of Xx. Xxxxxx, all amounts to which the Executive Consultant and Xx. Xxxxxx would otherwise be entitled under Article "4" hereinbelow until the Effective Termination Date. In this regard, and in addition to all of the amounts otherwise due and payable to the Consultant or to the estate of Xx. Xxxxxx, as may be determined by the Executive estate of Xx. Xxxxxx, under Article "4" hereinbelow until the Effective Termination Date, the Company shall also pay and provide to the Consultant or to the estate of Xx. Xxxxxx, as may be determined by the Executive estate of Xx. Xxxxxx, the following amounts in the following manner, such ongoing compensation representing the ExecutiveConsultant's clear and unequivocal Severance Package for the untimely and early termination of this Agreement prior to the completion of the Initial Term or any Renewal Period by reason of the Executive's Xx. Xxxxxx'x death or disability:

Termination for disability or death and Severance Package. Notwithstanding any other provision of this Agreement, this Agreement will be deemed terminated at any time after the Effective Date and during the Initial Term and during the continuance of this Agreement on the 30th calendar day following either the death or disability of the Executive as a without fault termination (the resulting effective date of any such termination being the "Effective Termination Date" herein). For the purposes of this Agreement the term "disability" shall mean that the Executive shall have been unable to provide the General Services contemplated under this Agreement for a period of 30 calendar days, whether or not consecutive, during any 360 calendar day period, due to a physical or mental disability. A determination of disability shall be made by a physician satisfactory to both the Executive and the Company; provided that if the Executive and the Company do not agree on a physician, the Executive and the Company shall each select a physician and these two together shall select a third physician whose determination as to disability shall be binding on all Parties. Subject to the following severance package (the "Severance Package" herein) obligation of the Company, in the event that the Executive's employment is terminated by the Executive's death or because of disability pursuant to this Agreement, the Company shall pay to the Executive or to the estate of the Executive Executive, as may be determined by the estate of the Executive, all amounts to which the Executive would otherwise be entitled under Article "4" hereinbelow until the Effective Termination Date. In this regard, and in addition to all of the amounts otherwise due and payable to the Executive or to the estate of the Executive Executive, as may be determined by the estate of the Executive, under Article "4" hereinbelow until the Effective Termination Date, the Company shall also pay and provide to the Executive or to the estate of the Executive Executive, as may be determined by the estate of the Executive, the following amounts in the following manner, such ongoing compensation representing the Executive's clear and unequivocal Severance Package for the untimely and early termination of this Agreement prior to the completion of the Initial Term or any Renewal Period by reason of the Executive's death or disability: