Termination in the Event of Disability. In the event of the incapacity of the Executive, by reason of mental or physical disability to perform his material duties hereunder, for a period of 120 consecutive days or 180 non-consecutive days during any twelve (12) month period, as reasonably determined by the Board or as certified by a qualified physician selected by the Board (collectively, “Disability”), the Company may terminate the Executive’s Employment effective upon written notice to the Executive. Prior to the termination of Executive’s Employment pursuant to this Section 5.2, during any period that the Executive fails to perform his full-time duties with the Company as a result of incapacity due to physical or mental illness, he shall continue to receive his Base Salary, Bonus and other benefits provided hereunder, less the amount of any disability benefits received by the Executive during such period under any disability plan or program sponsored by the Company.
Termination in the Event of Disability. If during the Term, Executive becomes physically or mentally disabled so as to become unable, for a period of more than six (6) consecutive months, to perform his duties hereunder on substantially a full time basis ("Disability"), the Company may at its option terminate Executive's employment hereunder upon not less than thirty (30) days' written notice. In the event of such termination, Executive shall be entitled to continue to receive his base salary and benefits, excluding any incentive bonuses, for a period equal to the lesser of (a) twenty-four (24) months from the date of termination and (b) the remainder of the Term, and then shall receive such benefits as are available to senior executives of the Company under any applicable disability plan.
Termination in the Event of Disability. If Employee's employment hereunder is terminated because of Employee's Disability, the Company shall pay to Employee an amount equal to one-half of Employee's annual base salary at the time of such termination. At the Company's option, such amount shall be payable either in one lump sum within 30 days after such termination or in six (6) equal monthly installments. The Company shall withhold applicable income and employment taxes from such payment. In addition, for a period commencing on the termination date and ending on the first anniversary thereof, provided that Employee properly elects such coverage, the Company shall make the COBRA Payment. Thereafter, Employee shall be solely responsible for the full amount of such COBRA premiums for the remainder of the COBRA continuation period. It is agreed that the amount payable hereunder and the COBRA Payment shall constitute all amounts owed by the Companies to Employee for the termination of his employment in the event of Employee's Disability, and that no other payments or benefits shall be owed by the Companies to Employee under any severance or benefit plan other than any benefits under a retirement plan that is qualified under Section 401(a) of the Internal Revenue Code in which Employee is fully vested. No payment shall be made by the Company pursuant to this Section unless Employee executes a waiver in a form satisfactory to the Company releasing the Companies from any claims Employee may assert against the Companies.
Termination in the Event of Disability. The Corporation may terminate this Agreement due to Executive’s Disability prior to the expiration of the Term on not less than thirty (30) days prior written notice, unless prior to the expiration of said 30 day period, Executive shall have returned to the effective performance of Executive’s duties on a full-time basis. Any dispute as to the existence of a Disability shall be settled by the opinion of an impartial physician selected by the parties or their representatives or, in the event of failure to make a joint selection after request therefore by either party to the other, a physician selected by the Corporation, with the fees and expenses of any such physician to be borne in equal shares by the Corporation and Executive.
Termination in the Event of Disability. The Company's obligations to the Employee pursuant to this Agreement shall terminate if the Employee becomes disabled. As used in this Paragraph, "disabled" means that the Employee cannot perform the essential functions of the job, with or without a reasonable accommodation. Obligations that survive disability pursuant to Company policies, including the Stock Option Plan and other applicable policies, should continue after disability.
Termination in the Event of Disability. If Xxxxxx is unable, due to mental or physical illness or injury, to substantially perform his duties under this agreement in a satisfactory manner for a period of twelve (12) months, the employment shall terminate at the end of such period.
Termination in the Event of Disability. In the event of the incapacity of the Executive, by reason of mental or physical disability to perform his material duties hereunder, for a period of 120 consecutive days or 180 non-consecutive days during any twelve (12) month period, as reasonably determined by the Board or as certified by a qualified physician selected by the Board (collectively, “Disability”), the Company may terminate the Executive’s Employment effective upon written notice to the Executive.
Termination in the Event of Disability. Company may terminate this Agreement and Executive’s employment in the event of Executive’s Disability. Executive shall cooperate with the Company to provide information and submit to such examinations as the Company may find necessary to make a determination regarding Executive’s Disability. Upon termination pursuant to this Section 3.6, Executive shall be entitled to receive the Accrued Obligations and, subject to satisfaction of the Release of Claims requirement specified in Section 3.13
Termination in the Event of Disability. The District may terminate this Contract at any time during the term hereof, or any extension, in the event of the Administrator’s inability to perform substantially all of the Administrator’s duties hereunder, with reasonable accommodation in accordance with applicable law, for a period of ninety (90) days or more due to mental or physical disability. Such termination shall be effective upon the giving of notice of termination stating the basis or bases for such termination.
Termination in the Event of Disability. The Employee's employment with the Corporation may be terminated, upon 15 days written notice, and without notice or termination pay by reason of the Employee's Disability. "
