Common use of Termination for Incapacity Clause in Contracts

Termination for Incapacity. In the event that Executive suffers an Incapacity during Executive’s employment, the Company may elect to terminate Executive’s employment pursuant to this Section 4.5. In such event, the Company shall pay Executive, or to Executive’s beneficiaries or estate if applicable, all base salary due and owing and all other accrued but unpaid benefits (e.g., accrued vacation) through the date on which an Incapacity is determined to exist (the “Determination Date”), less applicable standard deductions and withholdings. In addition, the Company shall pay to Executive, or to Executive’s beneficiaries or estate, as appropriate, six (6) months of Executive’s then current base salary, less all applicable standard deductions and withholdings and any disability payment otherwise payable by or pursuant to plans provided by the Company and actually paid to Executive. Such amounts payable in the preceding sentence shall be payable in the form of salary continuation. Thereafter the Company’s obligations under this Agreement shall terminate; provided, however, that nothing contained in this Agreement shall limit Executive’s rights to payments or other benefits under any long-term disability plans of the Company in which Executive participates, if any. For the purposes of this Agreement, Executive shall be deemed to have suffered an “Incapacity” if Executive shall, due to illness or mental or physical incapacity, be unable to perform the duties and responsibilities required to be performed by him on behalf of the Company for a period of at least 180 days.

Termination for Incapacity. In the event that Executive suffers an Incapacity during Executive’s employment, the Company may elect to terminate Executive’s employment pursuant to this Section 4.5. In such event, the Company shall pay Executive, or to Executive’s beneficiaries or estate if applicable, all base salary due and owing and all other accrued but unpaid benefits (e.g., accrued vacation) through the date on which an Incapacity is determined to exist (the “Determination Date”), less applicable standard deductions and withholdings. In addition, the Company shall pay to Executive, or to Executive’s beneficiaries or estate, as appropriate, six (6) months of Executive’s then current base salary, less all applicable standard deductions and withholdings and any disability payment otherwise payable by or pursuant to plans provided by the Company and actually paid to Executive. Such amounts payable in the preceding sentence shall be payable either as a lump-sum or in the form of salary continuation, whichever the Company shall determine in its sole discretion. Thereafter the Company’s obligations under this Agreement shall terminate; provided, however, that nothing contained in this Agreement shall limit Executive’s rights to payments or other benefits under any long-term disability plans of the Company in which Executive participates, if any. For the purposes of this Agreement, Executive shall be deemed to have suffered an “Incapacity” if Executive shall, due to illness or mental or physical incapacity, be unable to perform the duties and responsibilities required to be performed by him on behalf of the Company for a period of at least 180 days.

Termination for Incapacity. In the event that Executive suffers an Incapacity during Executive’s employmentthe Term, the Company may elect to terminate Executive’s employment pursuant to this Section 4.54.4. In such event, the Company shall pay Executive, or to Executive’s beneficiaries or estate if applicable, Executive all base salary due and owing and all other accrued but unpaid benefits (e.g., accrued vacation) through the date on which an Incapacity is determined to exist (the “Determination Date”), less applicable standard deductions and withholdings. In addition, within ten (10) days of such termination of Executive’s employment, the Company shall pay to Executive, or in a single lump-sum payment, subject to Executive’s beneficiaries or estatestandard deductions and withholdings, as appropriate, six a bonus in the amount of two-thirds (62/3) months of Executive’s then his then-current base salary, less all applicable standard deductions and withholdings and any disability payment otherwise payable by or pursuant to plans provided by pro rated based on the Company and actually paid to Executive. Such amounts payable number of days through the Determination Date in the preceding sentence shall be payable year in the form of salary continuationwhich such termination occurs. Thereafter the Company’s obligations under this Agreement shall terminate; provided, however, that nothing contained in this Agreement shall limit Executive’s rights to payments or other benefits under any long-term disability plans of the Company in which Executive participates, if any. For the purposes of this Agreement, Executive shall be deemed to have suffered an “Incapacity” if Executive shall, due to illness or mental or physical incapacity, be unable to perform the duties and responsibilities required to be performed by him on behalf of the Company for a period of at least 180 one hundred eighty (180) days.

Termination for Incapacity. In the event that Executive suffers an Incapacity during Executive’s employmentthe Term, the Company may elect to terminate Executive’s employment pursuant to this Section 4.54.4. In such event, the Company shall pay Executive, or to Executive’s beneficiaries or estate if applicable, Executive all base salary due and owing and all other accrued but unpaid benefits (e.g., accrued vacation) through the date on which an Incapacity is determined to exist (the “Determination Date”), less applicable standard deductions and withholdings. In addition, within ten (10) days of such termination of Executive’s employment, the Company shall pay to Executive, or in a single lump-sum payment, subject to Executive’s beneficiaries or estatestandard deductions and withholdings, as appropriate, six a bonus in the amount of two-thirds (62/3) months of Executive’s then his then-current base salary, less all applicable standard deductions and withholdings and any disability payment otherwise payable by or pursuant to plans provided by pro rated based on the Company and actually paid to Executive. Such amounts payable number of days through the Determination Date in the preceding sentence shall be payable year in the form of salary continuationwhich such termination occurs. Thereafter the Company’s obligations under this Agreement shall terminate; provided, however, that nothing contained in this Agreement shall limit Executive’s rights to payments or other benefits under any long-term disability plans of the Company in which Executive participates, if any. For the purposes of this Agreement, Executive shall be deemed to have suffered an “Incapacity” if Executive shall, due to illness or mental or physical incapacity, be unable to perform the duties and responsibilities required to be performed by him on behalf of the Company for a period of at least 180 days.

Termination for Incapacity. In the event that Executive suffers an Incapacity during Executive’s employmentthe Term, the Company may elect to terminate Executive’s employment pursuant to this Section 4.54.4. In such event, the Company shall pay Executive, or to Executive’s beneficiaries or estate if applicable, Executive all base salary due and owing and all other accrued but unpaid benefits (e.g., accrued vacation) through the date on which an Incapacity is determined to exist (the “Determination Date”), less applicable standard deductions and withholdings. In addition, within ten (10) days of such termination of Executive’s employment, the Company shall pay to Executive, or in a single lump-sum payment, subject to Executive’s beneficiaries or estatestandard deductions and withholdings, as appropriate, six a bonus in the amount of fifty percent (650%) months of Executive’s then her then-current base salary, less all applicable standard deductions and withholdings and any disability payment otherwise payable by or pursuant to plans provided by pro rated based on the Company and actually paid to Executive. Such amounts payable number of days through the Determination Date in the preceding sentence shall be payable year in the form of salary continuationwhich such termination occurs. Thereafter the Company’s obligations under this Agreement shall terminate; provided, however, that nothing contained in this Agreement shall limit Executive’s rights to payments or other benefits under any long-term disability plans of the Company in which Executive participates, if any. For the purposes of this Agreement, Executive shall be deemed to have suffered an “Incapacity” if Executive shall, due to illness or mental or physical incapacity, be unable to perform the duties and responsibilities required to be performed by him her on behalf of the Company for a period of at least 180 one hundred eighty (180) days.