Common use of Termination in Case of Disability Clause in Contracts

Termination in Case of Disability. Death or for ----------------------------------------------- Cause. ----- (a) If the Employee, due to physical or mental injury, illness, disability or incapacity, shall fail to render the services provided for in this Agreement for a consecutive period of three (3) months, or an aggregate of three (3) months in any six (6) month period, the Company may, at its option, terminate the Employee's employment hereunder upon fourteen (14) days' written notice to the Employee. (b) If the Employee shall die during the term of this Agreement, this Agreement and the Employee's employment hereunder shall terminate immediately upon the Employee's death, except that the Company shall be required to continue paying to the Employee's spouse (or estate, if there shall be no surviving spouse) the severance compensation payable pursuant to Section 6 hereof consisting of an amount equal to $95,000 in cash, payable in accordance with the Company's payroll policies for a period of six (6) months following such death. (c) Notwithstanding anything to the contrary in this Agreement, the Company, upon notice to the Employee, may terminate this Agreement and the employment of the Employee hereunder for Cause, which, for purposes of this Agreement, shall be defined to mean (i) the continued and repeated failure or refusal by the Employee to perform specific directives of the Board of Directors or the Chief Executive Officer of the Company, (ii) embezzlement or any offense involving misuse or misappropriation of money or other property of the Company, (iii) conviction for a felony, (iv) any act of dishonesty, disloyalty or other conduct that is materially injurious to the Company, or (v) material breach by the Employee of any of the terms of this Agreement other than those contained in this Section 5.

Termination in Case of Disability. Death or for ----------------------------------------------- Cause. ----- (a) 8.2.1 If the Employee, due to Officer suffers a physical or mental injury, illness, disability or incapacity, shall fail which results in Officer being unable to render the services provided for in this Agreement perform his duties hereunder for a 26 consecutive week period, then the Board of Directors shall select a qualified physician to examine Officer and review his physical and mental capacity. If such physician determines in good faith that such physical or mental disability renders Officer incapable of performing his duties hereunder for a period of three (3) monthsat least 26 consecutive weeks following the date of such physician's written opinion, or an aggregate then Officer's employment shall terminate effective 26 weeks following the date of three (3) months in any six (6) month periodsuch physician's written opinion. 8.2.2 Upon termination of Officer's employment Pursuant to this Section 8.2, the Company mayshall pay to Officer, at its optionon the Termination Date, terminate the Employee's employment hereunder upon fourteen (14) days' written notice to the Employee. (b) If the Employee shall die during the term of this Agreement, this Agreement and the Employee's employment hereunder shall terminate immediately upon the Employee's death, except that the Company shall be required to continue paying to the Employee's spouse (or estate, if there shall be no surviving spouse) the severance compensation payable pursuant to Section 6 hereof consisting a lump sum payment of an amount equal to $95,000 in cash(x) all accrued and unpaid salary and other Compensation payable to Officer by the Company and all accrued and unused vacation and sick pay payable to Officer by the Company with respect to services rendered by Officer to the Company through the Termination Date, payable in accordance with and (y) the Company's payroll policies amount Officer would have earned as Base Salary during the remaining scheduled Term of the Amended Agreement (computed without regard to the termination of the Amended Agreement pursuant to this Section 8.2); provided however, such amount shall be reduced by the amount of any payments to be paid to Officer under any long-term disability insurance policy maintained by the Company for a period the benefit of six Officer pursuant to Section 4.4.4. In addition to the foregoing, and notwithstanding the provisions of any other agreement to the contrary, (6x) all options to purchase the Common Stock of the Company which have been granted to Officer and which would have vested during the 24 months following such death. (c) Notwithstanding anything the Termination Date shall become immediately exercisable on the Termination Date and, notwithstanding any other agreement to the contrary contrary, shall remain exercisable for the full term of each such option, and (y) the Company shall continue to provide to Officer all other benefits referred to in this AgreementSections 4.4.2, 4.4.3 and 4.4.4 hereof for the Company, upon notice remaining scheduled Term of the Amended Agreement (computed without regard to the Employee, may terminate this Agreement and the employment termination of the Employee hereunder for Cause, which, for purposes of this Agreement, shall be defined Amended Agreement pursuant to mean (i) the continued and repeated failure or refusal by the Employee to perform specific directives of the Board of Directors or the Chief Executive Officer of the Company, (ii) embezzlement or any offense involving misuse or misappropriation of money or other property of the Company, (iii) conviction for a felony, (iv) any act of dishonesty, disloyalty or other conduct that is materially injurious to the Company, or (v) material breach by the Employee of any of the terms of this Agreement other than those contained in this Section 58.2).

Termination in Case of Disability. Death or for ----------------------------------------------- Cause. ----- (a) 8.2.1 If the Employee, due to Officer suffers a physical or mental injury, illness, disability or incapacity, shall fail which results in Officer being unable to render the services provided for in this Agreement perform his duties hereunder for a 26 consecutive week period, then the Board of Directors shall select a qualified physician to examine Officer and review his physical and mental capacity. If such physician determines in good faith that such physical or mental disability renders Officer incapable of performing his duties hereunder for a period of three (3) monthsat least 26 consecutive weeks following the date of such physician's written opinion, or an aggregate then Officer's employment shall terminate effective 26 weeks following the date of three (3) months in any six (6) month periodsuch physician's written opinion. 8.2.2 Upon termination of Officer's employment pursuant to this section 8.2, the Company maycompany shall pay to Officer, at its optionon the Termination Date, terminate the Employee's employment hereunder upon fourteen (14) days' written notice to the Employee. (b) If the Employee shall die during the term of this Agreement, this Agreement and the Employee's employment hereunder shall terminate immediately upon the Employee's death, except that the Company shall be required to continue paying to the Employee's spouse (or estate, if there shall be no surviving spouse) the severance compensation payable pursuant to Section 6 hereof consisting a lump sum payment of an amount equal to $95,000 in cash(x) all accrued and unpaid salary and other compensation payable to Officer by the Company and all accrued and unused vacation and sick pay payable to Officer by the Company with respect to services rendered by Officer to the Company through the Termination Date, payable in accordance with and (y) the Company's payroll policies amount Officer would have earned as Base Salary during the remaining scheduled Term of the Amended Agreement (computed without regard to the termination of the Amended Agreement pursuant to this Section 8.2); provided however, such amount shall be reduced by the amount of any payments to be paid to Officer under any long-term disability insurance policy maintained by the Company for a period the benefit of six Officer pursuant to Section 4.4.4. In addition to the foregoing, and notwithstanding the provisions of any other agreement to the contrary, (6x) all options to purchase the Common Stock of the Company which have been granted to Officer and which would have vested during the 24 months following such death. (c) Notwithstanding anything the Termination Date shall become immediately exercisable on the Termination Date and, notwithstanding any other agreement to the contrary contrary, shall remain exercisable for the full term of each such option, and (y) the Company shall continue to provide to Officer all other benefits referred to in this AgreementSections 4.4.2, 4.4.3 and 4.4.4 hereof for the Company, upon notice remaining scheduled Term of the Amended Agreement (computed without regard to the Employee, may terminate this Agreement and the employment termination of the Employee hereunder for Cause, which, for purposes of this Agreement, shall be defined Amended Agreement pursuant to mean (i) the continued and repeated failure or refusal by the Employee to perform specific directives of the Board of Directors or the Chief Executive Officer of the Company, (ii) embezzlement or any offense involving misuse or misappropriation of money or other property of the Company, (iii) conviction for a felony, (iv) any act of dishonesty, disloyalty or other conduct that is materially injurious to the Company, or (v) material breach by the Employee of any of the terms of this Agreement other than those contained in this Section 58.2).

Termination in Case of Disability. Death or for ----------------------------------------------- Cause. -----Cause ----------------------------------------------------- (a) If the Employee, due to physical or mental injury, illness, disability or incapacity, shall fail to render the services provided for in this Agreement for a consecutive period of three (3) months, or an aggregate of three (3) months in any six (6) month period, the Company may, at its option, terminate the Employee's Employee s employment hereunder upon fourteen (14) days' days written notice to the Employee; provided, however, that if the Employee has accrued sick time, as described in the Miltope Corporation Employee Handbook, in excess of the respective periods referred to above, the Company may not terminate the Employee s employment pursuant to this Section 5(a) until the completion of such sick time. (b) If the Employee shall die during the term of this Agreement, this Agreement and the Employee's Employee s employment hereunder shall terminate immediately upon the Employee's death, except that the Company shall be required to continue paying to the Employee's spouse (or estate, if there shall be no surviving spouse) the severance compensation payable pursuant to Section 6 hereof consisting of an amount equal to $95,000 in cash, payable in accordance with the Company's payroll policies for a period of six (6) months following such Employee s death. (c) Notwithstanding anything to the contrary in this Agreement, the Company, upon notice to the Employee, may terminate this Agreement and the employment of the Employee hereunder for Causecause, which, for purposes of this Agreement, agreement shall be defined to mean (i) the continued and repeated failure or refusal by the Employee employee to perform specific directives of the Board of Directors or the Chief Executive Officer of the Company, , which directives are consistent with the scope and nature of the employee s duties and responsibilities, (ii) embezzlement or any offense involving misuse or misappropriation of money or other property of the Company, (iii) conviction for a of any felony, (iv) any act of dishonesty, disloyalty or other conduct that is materially injurious to the Companycompany, or or (v) material breach by the Employee of any of the terms of this Agreement other than those contained in this Section 5.