Common use of Termination for Disability Clause in Contracts

Termination for Disability. (a) In the event of Termination for Disability, the Executive shall receive the benefits provided in Section 6(b); provided, however, that the benefits provided under Section 6(b) shall not be deemed to be in lieu of the benefits he is otherwise entitled as a former employee under the Bank or the Company's employee plans and programs. For purposes of this Agreement, the Executive may be terminated for disability only if (i) the Executive shall have been absent from his duties with the Bank on a full-time basis for at least six consecutive months, or (ii) a majority of the members of the Board acting in good faith determine that, based upon competent and independent medical evidence presented by a physician or physicians agreed upon by the parties, the Executive's physical or mental condition is such that he is totally and permanently incapable of engaging in any substantial gainful employment based upon his education, training and experience; provided, however, that on and after the earliest date on which a Change in Control of the Bank or the Company as defined in Section 5 occurs, such a determination shall require the affirmative vote of at least three-fourths of the members of the Board acting in good faith and such vote shall not be made prior to the expiration of a 60-day period following the date on which the Board shall, by written notice to the Executive, furnish him a statement of its grounds for proposing to make such determination, during which period the Executive shall be afforded a reasonable opportunity to make oral and written presentations to the members of the Board, and to be represented by his legal counsel at such presentations, to refute the grounds for the proposed determination. (b) The Bank will pay the Executive as Disability pay, a bi-weekly payment equal to 100% of the Executive's bi-weekly annual rate of Base Salary in effect on the date of the Executive's Termination for Disability. In addition, the Bank will cause to be continued insurance coverage, including group life, health (including hospitalization, medical and major medical), dental, accidental death and dismemberment, travel accident and short-term disability coverage substantially identical to the coverage maintained by the Bank or the Company for the Executive prior to his Termination for Disability. The Disability pay and coverages shall commence on the effective date of the Executive's termination and shall cease upon the earliest to occur of: (i) the date the Executive returns to the full-time employment of the Bank, in the same capacity as he was employed prior to his Termination for Disability and pursuant to an employment agreement between the Executive and the Bank; (ii) the Executive's full-time employment by another employer; (iii) the Executive's attaining the normal age of retirement or receiving benefits under the RP or other defined benefit pension plan of the Bank or the Company; (iv) the Executive's death; (v) the Executive's eligibility to collect payments under the disability provision of the RP or other defined benefit pension plan of the Bank or the Company; or (vi) the expiration of the term of this Agreement. (c) Notwithstanding the foregoing, there will be no reduction in the compensation otherwise payable to the Executive during any period during which the Executive is incapable of performing his duties hereunder by reason of temporary disability.

Termination for Disability. (a) In the event of Termination for Disability, the Executive shall receive the benefits provided in Section 6(b); provided, however, that the benefits provided under Section 6(b) shall not be deemed to be in lieu of the benefits he is otherwise entitled as a former employee under the Bank or the Company's employee plans and programs. For purposes of this Agreement, the Executive may be terminated for disability only if (i) the Executive shall have been absent from his duties with the Bank Company on a full-time basis for at least six consecutive months, or (ii) a majority of the members of the Board acting in good faith determine that, based upon competent and independent medical evidence presented by a physician or physicians agreed upon by the parties, the Executive's physical or mental condition is such that he is totally and permanently incapable of engaging in any substantial gainful employment based upon his education, training and experience; provided, however, that on and after the earliest date on which a Change in Control of the Bank or the Company as defined in Section 5 occurs, such a determination shall require the affirmative vote of at least three-fourths of the members of the Board acting in good faith and such vote shall not be made prior to the expiration of a 60-day period following the date on which the Board shall, by written notice to the Executive, furnish him a statement of its grounds for proposing to make such determination, during which period the Executive shall be afforded a reasonable opportunity to make oral and written presentations to the members of the Board, and to be represented by his legal counsel at such presentations, to refute the grounds for the proposed determination. (b) The Bank Company will pay the Executive as Disability pay, a bi-weekly payment equal to 100% of the Executive's bi-weekly annual rate of Base Salary in effect on the date of the Executive's Termination for Disability. In addition, the Bank Company will cause to be continued insurance coverage, including group life, health (including hospitalization, medical and major medical), dental, accidental death and dismemberment, travel accident and short-term disability coverage substantially identical to the coverage maintained by the Bank or the Company for the Executive prior to his Termination for Disability. The Disability pay and coverages shall commence on the effective date of the Executive's termination and shall cease upon the earliest to occur of: (i) the date the Executive returns to the full-time employment of the BankCompany, in the same capacity as he was employed prior to his Termination for Disability and pursuant to an employment agreement between the Executive and the BankCompany; (ii) the Executive's full-time employment by another employer; (iii) the Executive's attaining the normal age of retirement or receiving benefits under the RP or other defined benefit pension plan of the Bank or the Company; (iv) the Executive's death; (v) the Executive's eligibility to collect payments under the disability provision of the RP or other defined benefit pension plan of the Bank or the Company; or (vi) the expiration of the term of this Agreement. (c) Notwithstanding the foregoing, there will be no reduction in the compensation otherwise payable to the Executive during any period during which the Executive is incapable of performing his duties hereunder by reason of temporary disability.

Termination for Disability. (a) In the event of Termination for Disability, the Executive shall receive the benefits provided in Section 6(b); provided, however, that the benefits provided under Section 6(b) shall not be deemed to be in lieu of the benefits he she is otherwise entitled as a former employee under the Bank or the Company's employee plans and programs. For purposes of this Agreement, the Executive may be terminated for disability only if (i) the Executive shall have been absent from his her duties with the Bank on a full-time basis for at least six consecutive months, or (ii) a majority of the members of the Board acting in good faith determine that, based upon competent and independent medical evidence presented by a physician or physicians agreed upon by the parties, the Executive's physical or mental condition is such that he she is totally and permanently incapable of engaging in any substantial gainful employment based upon his her education, training and experience; provided, however, that on and after the earliest date on which a Change in Control of the Bank or the Company as defined in Section 5 occurs, such a determination shall require the affirmative vote of at least three-fourths of the members of the Board acting in good faith and such vote shall not be made prior to the expiration of a 60-day period following the date on which the Board shall, by written notice to the Executive, furnish him her a statement of its grounds for proposing to make such determination, during which period the Executive shall be afforded a reasonable opportunity to make oral and written presentations to the members of the Board, and to be represented by his her legal counsel at such presentations, to refute the grounds for the proposed determination. (b) The Bank will pay the Executive as Disability pay, a bi-weekly payment equal to 100% of the Executive's bi-weekly annual rate of Base Salary in effect on the date of the Executive's Termination for Disability. In addition, the Bank will cause to be continued insurance coverage, including group life, health (including hospitalization, medical and major medical), dental, accidental death and dismemberment, travel accident and short-term disability coverage substantially identical to the coverage maintained by the Bank or the Company for the Executive prior to his her Termination for Disability. The Disability pay and coverages shall commence on the effective date of the Executive's termination and shall cease upon the earliest to occur of: (i) the date the Executive returns to the full-time employment of the Bank, in the same capacity as he she was employed prior to his her Termination for Disability and pursuant to an employment agreement between the Executive and the Bank; (ii) the Executive's full-time employment by another employer; (iii) the Executive's attaining the normal age of retirement or receiving benefits under the RP or other defined benefit pension plan of the Bank or the Company; (iv) the Executive's death; (v) the Executive's eligibility to collect payments under the disability provision of the RP or other defined benefit pension plan of the Bank or the Company; or (vi) the expiration of the term of this Agreement. (c) Notwithstanding the foregoing, there will be no reduction in the compensation otherwise payable to the Executive during any period during which the Executive is incapable of performing his her duties hereunder by reason of temporary disability.

Termination for Disability. (a) In the event of Termination for Disability, the Executive shall receive the benefits provided in Section 6(b); provided, however, that the benefits provided under Section 6(b) shall not be deemed to be in lieu of the benefits he she is otherwise entitled as a former employee under the Bank or the Company's employee plans and programs. For purposes of this Agreement, the Executive may be terminated for disability only if (i) the Executive shall have been absent from his her duties with the Bank Company on a full-time basis for at least six consecutive months, or (ii) a majority of the members of the Board acting in good faith determine that, based upon competent and independent medical evidence presented by a physician or physicians agreed upon by the parties, the Executive's physical or mental condition is such that he she is totally and permanently incapable of engaging in any substantial gainful employment based upon his her education, training and experience; provided, however, that on and after the earliest date on which a Change in Control of the Bank or the Company as defined in Section 5 occurs, such a determination shall require the affirmative vote of at least three-fourths of the members of the Board acting in good faith and such vote shall not be made prior to the expiration of a 60-day period following the date on which the Board shall, by written notice to the Executive, furnish him her a statement of its grounds for proposing to make such determination, during which period the Executive shall be afforded a reasonable opportunity to make oral and written presentations to the members of the Board, and to be represented by his her legal counsel at such presentations, to refute the grounds for the proposed determination. (b) The Bank Company will pay the Executive as Disability pay, a bi-weekly payment equal to 100% of the Executive's bi-weekly annual rate of Base Salary in effect on the date of the Executive's Termination for Disability. In addition, the Bank Company will cause to be continued insurance coverage, including group life, health (including hospitalization, medical and major medical), dental, accidental death and dismemberment, travel accident and short-term disability coverage substantially identical to the coverage maintained by the Bank or the Company for the Executive prior to his her Termination for Disability. The Disability pay and coverages shall commence on the effective date of the Executive's termination and shall cease upon the earliest to occur of: (i) the date the Executive returns to the full-time employment of the BankCompany, in the same capacity as he she was employed prior to his her Termination for Disability and pursuant to an employment agreement between the Executive and the BankCompany; (ii) the Executive's full-time employment by another employer; (iii) the Executive's attaining the normal age of retirement or receiving benefits under the RP or other defined benefit pension plan of the Bank or the Company; (iv) the Executive's death; (v) the Executive's eligibility to collect payments under the disability provision of the RP or other defined benefit pension plan of the Bank or the Company; or (vi) the expiration of the term of this Agreement. (c) Notwithstanding the foregoing, there will be no reduction in the compensation otherwise payable to the Executive during any period during which the Executive is incapable of performing his her duties hereunder by reason of temporary disability.

Termination for Disability. (a) In the event of Termination for Disability, the Executive shall receive the benefits provided in Section 6(b); provided, however, that the benefits provided under Section 6(b) shall not be deemed to be in lieu of the benefits he is otherwise entitled as a former employee under the Bank or the Company's employee plans and programs. For purposes of this Agreement, the Executive may be terminated for disability only if (i) the Executive shall have been absent from his duties with the Bank Company on a full-time basis for at least six (6) consecutive months, or (ii) a majority of the members of the Board acting in good faith determine that, based upon competent and independent medical evidence presented by a physician or physicians agreed upon by the parties, the Executive's physical or mental condition is such that he is totally and permanently incapable of engaging in any substantial gainful employment based upon his education, training and experience; provided, however, that on and after the earliest date on which a Change in Control of the Bank or the Company as defined in Section 5 occurs, such a determination shall require the -7- 9 affirmative vote of at least three-fourths of the members of the Board acting in good faith and such vote shall not be made prior to the expiration of a 60sixty-day period following the date on which the Board shall, by written notice to the Executive, furnish him a statement of its grounds for proposing to make such determination, during which period the Executive shall be afforded a reasonable opportunity to make oral and written presentations to the members of the Board, and to be represented by his legal counsel at such presentations, to refute the grounds for the proposed determination.; (b) The Bank will pay the Executive as Disability pay, a bi-weekly payment equal to 100% of the Executive's bi-weekly annual rate of Base Salary in effect on the date of the Executive's Termination for Disability. In addition, the Bank Company will cause to be continued insurance coverage, including group life, health (including hospitalization, medical and major medical)health, dental, accidental death prescription drug and dismemberment, travel accident and short-term disability coverage substantially identical to the coverage maintained by the Bank or the Company for the Executive prior to his Termination for Disability. The Disability pay and coverages shall commence on the effective date of the Executive's termination and This coverage shall cease upon the earliest to occur of: earlier of (i) the date the Executive returns to the full-time employment of the BankCompany, in the same capacity as he was employed prior to his Termination for Disability and pursuant to an employment agreement between the Executive and the BankCompany; (ii) the Executive's full-time employment by another employer; (iii) the Executive's attaining the normal age of retirement or receiving benefits under the RP or other defined benefit pension plan of the Bank Bank's or the Company's defined benefit plan; (iv) the Executive's death; (v) the Executive's eligibility to collect payments under the disability provision of the RP or other defined benefit pension plan of the Bank or the Companyplan; or (vi) the expiration of the term of this Agreement. (c) Notwithstanding the foregoing, there will be no reduction in the compensation otherwise payable to the Executive during any period during which the Executive is incapable of performing his duties hereunder by reason of temporary disability.