Common use of Termination of Employment by Reason of Disability Clause in Contracts

Termination of Employment by Reason of Disability. If Employee shall suffer a Disability (as defined herein) during the Employment Period, this Agreement shall terminate automatically as of the date of such Disability and subject to the execution of a general release of claims in favor of Company and the expiration of all applicable notice, revocation and similar periods (other than any claims for amounts due Employee under this Agreement but not yet paid in accordance with the terms hereof as of the Termination Date), and Company’s obligation to Employee will be limited solely to the payment to Employee of the amounts set forth under (i) Section 2(a) hereof which would otherwise be payable to Employee up to the end of the calendar month in which Employee’s Disability occurs, (ii) Section 2(d) , and (iii) Section 2(c) hereof which would have been payable to Employee had the Employee remained in the employ of the Company for the Severance Period. As used herein, the term “Disability” means the inability of Employee to substantially perform Employee’s duties and responsibilities by reason of mental or physical illness or injury of Employee for a period of more than six (6) consecutive months in any twelve (12) month period. For purposes of determining whether a Disability has occurred under this Agreement, the written determination of an independent physician chosen by the Employee and Company is required and shall be final, conclusive, and binding on Company and Employee. Notwithstanding the above, Employee’s employment shall not be terminated until the Company determines, after making reasonable attempts to consult with Employee or his legal representatives, that there is no reasonable accommodation that would permit Employee to perform the essential functions of his position without imposing an undue hardship on the Company. The obligations of Company under this Section 3(e) may be satisfied, in whole or in part, by payments to Employee under a disability insurance policy provided by Company (which Company has no obligation to obtain).

Termination of Employment by Reason of Disability. If Employee the Executive shall suffer a Disability (as defined herein) become temporarily disabled during the Employment Periodterm of this Agreement, all of the Executive’s rights under this Agreement shall continue until such time as the Executive either returns to work or is deemed “permanently disabled” (defined below). 6.1 If the Executive shall be deemed permanently disabled, the Executive’s employment shall automatically terminate automatically as at the end of the date month in which it is determined that the Executive has a permanent disability. Upon such termination, the Corporation shall pay the Executive (or his legal representatives) as if the Executive were terminated pursuant to Article 5.0. During the period of such Disability and subject permanent disability the Executive shall be entitled to receive any benefits payable under the Corporation’s disability insurance program. 6.2 The Executive shall be deemed “permanently disabled” for purposes of this Agreement if: (a) in the opinion of the Board, the Executive is unable to render full-time service to the execution Corporation pursuant to the terms of this Agreement for six consecutive months; or (b) in the opinion of the Board, the Executive is unable to render full-time service to the Corporation pursuant to the terms of this Agreement for nine months out of any twelve consecutive month period; or (c) in the opinion of a general release of claims in favor of Company physician mutually selected by the Corporation and the expiration of all applicable notice, revocation and similar periods (other than any claims for amounts due Employee under this Agreement but not yet paid Executive or selected in accordance with the terms hereof as provisions of this Section 6.2, the Termination Date), and Company’s obligation Executive is permanently unable to Employee will be limited solely render full-time service to the payment to Employee of the amounts set forth under (i) Section 2(a) hereof which would otherwise be payable to Employee up to the end of the calendar month in which Employee’s Disability occurs, (ii) Section 2(d) , and (iii) Section 2(c) hereof which would have been payable to Employee had the Employee remained in the employ of the Company for the Severance Period. As used herein, the term “Disability” means the inability of Employee to substantially perform Employee’s duties and responsibilities by reason of mental or physical illness or injury of Employee for a period of more than six (6) consecutive months in any twelve (12) month period. For purposes of determining whether a Disability has occurred Corporation under this Agreement. If the Corporation and the Executive are unable to mutually agree upon the selection of a physician under “(c)” above within 30 days of either party requesting the other to so agree, each party shall select a physician and the written determination of an independent two physicians so selected shall promptly select a third physician chosen by the Employee and Company is required and who shall be final, conclusive, and binding on Company and Employee. Notwithstanding the above, Employee’s employment shall not be terminated until the Company determines, after making reasonable attempts to consult with Employee or his legal representatives, that there is no reasonable accommodation that would permit Employee to perform the essential functions of his position without imposing an undue hardship on the Company. The obligations of Company under this Section 3(e) may be satisfied, in whole or in part, by payments to Employee under a disability insurance policy provided by Company (which Company has no obligation to obtain)make such determination.

Termination of Employment by Reason of Disability. If Employee the Executive shall suffer a Disability (as defined herein) become temporarily disabled during the Employment Periodterm of this Agreement, all of the Executive’s rights under this Agreement shall continue until such time as the Executive either returns to work or is deemed “permanently disabled” (defined below). 6.1 If the Executive shall be deemed permanently disabled, the Executive’s employment shall automatically terminate automatically as at the end of the date month in which it is determined that the Executive has a permanent disability. Upon such termination, the Corporation shall pay the Executive (or his legal representatives) as if the Executive were terminated pursuant to Article 5.0. During the period of such Disability and subject permanent disability the Executive shall be entitled to receive any benefits payable under the Corporation’s disability insurance program. 6.2 The Executive shall be deemed “permanently disabled” for purposes of this Agreement if: (a) in the opinion of the Board, the Executive is unable to render full-time service to the execution Corporation pursuant to the terms of this Agreement for six consecutive months; or (b) in the opinion of the Board, the Executive is unable to render full-time service to the Corporation pursuant to the terms of this Agreement for nine months out of any twelve consecutive month period; or (c) in the opinion of the Corporation’s Medical Director or, if there is no Medical Director at such time, a general release of claims in favor of Company physician mutually selected by the Corporation and the expiration of all applicable notice, revocation and similar periods (other than any claims for amounts due Employee under this Agreement but not yet paid Executive or selected in accordance with the terms hereof as provisions of this Section 6.2, the Termination Date), and Company’s obligation Executive is permanently unable to Employee will be limited solely render full-time service to the payment to Employee of the amounts set forth under (i) Section 2(a) hereof which would otherwise be payable to Employee up to the end of the calendar month in which Employee’s Disability occurs, (ii) Section 2(d) , and (iii) Section 2(c) hereof which would have been payable to Employee had the Employee remained in the employ of the Company for the Severance Period. As used herein, the term “Disability” means the inability of Employee to substantially perform Employee’s duties and responsibilities by reason of mental or physical illness or injury of Employee for a period of more than six (6) consecutive months in any twelve (12) month period. For purposes of determining whether a Disability has occurred Corporation under this Agreement. If the Corporation and the Executive are unable to mutually agree upon the selection of a physician under “(c)” above within 30 days of either party requesting the other to so agree, each party shall select a physician and the written determination of an independent two physicians so selected shall promptly select a third physician chosen by the Employee and Company is required and who shall be final, conclusive, and binding on Company and Employee. Notwithstanding the above, Employee’s employment shall not be terminated until the Company determines, after making reasonable attempts to consult with Employee or his legal representatives, that there is no reasonable accommodation that would permit Employee to perform the essential functions of his position without imposing an undue hardship on the Company. The obligations of Company under this Section 3(e) may be satisfied, in whole or in part, by payments to Employee under a disability insurance policy provided by Company (which Company has no obligation to obtain)make such determination.

Termination of Employment by Reason of Disability. If Employee the Executive shall suffer a Disability (as defined herein) become temporarily disabled during the Employment Periodterm of this Agreement, all of the Executive's rights under this Agreement shall continue until such time as the Executive either returns to work or is deemed "permanently disabled" (as hereinafter defined in Section 7.2). 7.1 If the Executive shall be deemed permanently disabled, the Executive's employment shall automatically terminate automatically as at the end of permanent disability. Upon such termination, the Corporation shall pay the Executive (or his legal representatives) the sum of any unpaid salary plus any Accrued Obligations. During the period of permanent disability the Executive's shall be entitled to receive any benefits payable under the Corporation's disability insurance program. 7.2 The Executive shall be deemed permanently disabled for purposes of this Agreement if: (a) in the opinion of the date Board of such Disability and subject Directors, the Executive is unable to render full-time service to the execution Corporation pursuant to the terms of this Agreement for six consecutive months; or (b) in the opinion of the Board of Directors, the Executive is unable to render full-time service to the Corporation pursuant to the terms of this Agreement for nine months out of any twelve consecutive month period; or (c) in the opinion of the Corporation's Medical Director or, if there is no Medical Director at such time, a general release of claims in favor of Company physician mutually selected by the Corporation and the expiration of all applicable notice, revocation and similar periods (other than any claims for amounts due Employee under this Agreement but not yet paid Executive or selected in accordance with the terms hereof as provisions of this Section 7.2, the Termination Date), and Company’s obligation Executive is permanently unable to Employee will be limited solely render full-time service to the payment to Employee of the amounts set forth under (i) Section 2(a) hereof which would otherwise be payable to Employee up to the end of the calendar month in which Employee’s Disability occurs, (ii) Section 2(d) , and (iii) Section 2(c) hereof which would have been payable to Employee had the Employee remained in the employ of the Company for the Severance Period. As used herein, the term “Disability” means the inability of Employee to substantially perform Employee’s duties and responsibilities by reason of mental or physical illness or injury of Employee for a period of more than six (6) consecutive months in any twelve (12) month period. For purposes of determining whether a Disability has occurred Corporation under this Agreement. If the Corporation and the Executive are unable to mutually agree upon the selection of a physician under "(c)" above within 30 days of either party requesting the other to so agree, each party shall select a physician and the written determination of an independent two physicians so selected shall promptly select a third physician chosen by the Employee and Company is required and who shall be final, conclusive, and binding on Company and Employee. Notwithstanding the above, Employee’s employment shall not be terminated until the Company determines, after making reasonable attempts to consult with Employee or his legal representatives, that there is no reasonable accommodation that would permit Employee to perform the essential functions of his position without imposing an undue hardship on the Company. The obligations of Company under this Section 3(e) may be satisfied, in whole or in part, by payments to Employee under a disability insurance policy provided by Company (which Company has no obligation to obtain)make such determination.

Termination of Employment by Reason of Disability. If Employee shall suffer a Disability (as defined herein) during the Employment Period, this Agreement shall terminate automatically as of the date of such Disability and subject to the execution of a general release of claims in favor of Company and the expiration of all applicable notice, revocation and similar periods (other than any claims for amounts due Employee under this Agreement but not yet paid in accordance with the terms hereof as of the Termination Date), and Company’s 's obligation to Employee will be limited solely to the payment to Employee of the amounts set forth under (i) Section 2(a) hereof which would otherwise be payable to Employee up to the end of the calendar month in which Employee’s 's Disability occurs, (ii) Section 2(d) , and (iii) Section 2(c) hereof which would have been payable to Employee had the Employee remained in the employ of the Company for the Severance Period. As used herein, the term “"Disability” " means the inability of Employee to substantially perform Employee’s 's duties and responsibilities by reason of mental or physical illness or injury of Employee for a period of more than six (6) consecutive months in any twelve (12) month period. For purposes of determining whether a Disability has occurred under this Agreement, the written determination of an independent physician chosen by the Employee and Company is required and shall be final, conclusive, and binding on Company and Employee. Notwithstanding the above, Employee’s 's employment shall not be terminated until the Company determines, after making reasonable attempts to consult with Employee or his legal representatives, that there is no reasonable accommodation that would permit Employee to perform the essential functions of his position without imposing an undue hardship on the Company. The obligations of Company under this Section 3(e) may be satisfied, in whole or in part, by payments to Employee under a disability insurance policy provided by Company (which Company has no obligation to obtain).

Termination of Employment by Reason of Disability. If Employee the Executive shall suffer a Disability (as defined herein) become temporarily disabled during the Employment Periodterm of this Agreement, all of the Executive's rights under this Agreement shall continue until such time as the Executive either returns to work or is deemed "permanently disabled" (as hereinafter defined in Section 7.2). 7.1 If the Executive shall be deemed permanently disabled, the Executive's employment shall automatically terminate automatically as at the end of the date month in which it is determined that the Executive has a permanent disability. Upon such termination, the Corporation shall pay the Executive (or his legal representatives) as if the Executive were terminated by Reason of such Disability and subject Death. During the period of permanent disability the Executive shall be entitled to receive any benefits payable under the Corporation's disability insurance program. 7.2 The Executive shall be deemed permanently disabled for purposes of this Agreement if: (a) in the opinion of the Board of Directors, the Executive is unable to render full-time service to the execution Corporation pursuant to the terms of this Agreement for six consecutive months; or (b) in the opinion of the Board of Directors, the Executive is unable to render full-time service to the Corporation pursuant to the terms of this Agreement for nine months out of any twelve consecutive month period; or (c) in the opinion of the Corporation's Medical Director or, if there is no Medical Director at such time, a general release of claims in favor of Company physician mutually selected by the Corporation and the expiration of all applicable notice, revocation and similar periods (other than any claims for amounts due Employee under this Agreement but not yet paid Executive or selected in accordance with the terms hereof as provisions of this Section 7.2, the Termination Date), and Company’s obligation Executive is permanently unable to Employee will be limited solely render full-time service to the payment to Employee of the amounts set forth under (i) Section 2(a) hereof which would otherwise be payable to Employee up to the end of the calendar month in which Employee’s Disability occurs, (ii) Section 2(d) , and (iii) Section 2(c) hereof which would have been payable to Employee had the Employee remained in the employ of the Company for the Severance Period. As used herein, the term “Disability” means the inability of Employee to substantially perform Employee’s duties and responsibilities by reason of mental or physical illness or injury of Employee for a period of more than six (6) consecutive months in any twelve (12) month period. For purposes of determining whether a Disability has occurred Corporation under this Agreement. If the Corporation and the Executive are unable to mutually agree upon the selection of a physician under "(c)" above within 30 days of either party requesting the other to so agree, each party shall select a physician and the written determination of an independent two physicians so selected shall promptly select a third physician chosen by the Employee and Company is required and who shall be final, conclusive, and binding on Company and Employee. Notwithstanding the above, Employee’s employment shall not be terminated until the Company determines, after making reasonable attempts to consult with Employee or his legal representatives, that there is no reasonable accommodation that would permit Employee to perform the essential functions of his position without imposing an undue hardship on the Company. The obligations of Company under this Section 3(e) may be satisfied, in whole or in part, by payments to Employee under a disability insurance policy provided by Company (which Company has no obligation to obtain)make such determination.