Common use of Termination on Account of Death or Disability; Non-Qualifying Termination Clause in Contracts

Termination on Account of Death or Disability; Non-Qualifying Termination. (i) In the event of any termination of Executive's employment other than a Qualifying Termination, the Executive shall not be entitled to any additional payments or benefits from the Company under this Agreement, other than payments or benefits with respect to the Accrued Rights. (ii) For purposes of this Agreement, the Executive shall be deemed to have a “Disability” in the event of the Executive's absence for a period of 180 consecutive business days as a result of incapacity due to a physical or mental condition, illness or injury that is determined to be total and permanent by a physician mutually acceptable to the Company and the Executive or the Executive's legal representative (such acceptance not to be unreasonably withheld) after such physician has completed an examination of the Executive. The Executive agrees to make himself available for such examination upon the reasonable request of the Company, and the Company shall be responsible for the cost of such examination.

Termination on Account of Death or Disability; Non-Qualifying Termination. (i) In the event of any termination of Executive's ’s employment other than a Qualifying Termination, the Executive shall not be entitled to any additional payments or benefits from the Company under this Agreement, other than payments or benefits with respect to the Accrued Rights. (ii) For purposes of this Agreement, the Executive shall be deemed to have a “Disability” in the event of the Executive's ’s absence for a period of 180 consecutive business days as a result of incapacity due to a physical or mental condition, illness or injury that which is determined to be total and permanent by a physician mutually acceptable to the Company and the Executive or the Executive's ’s legal representative (such acceptance not to be unreasonably withheld) after such physician has completed an examination of the Executive. The Executive agrees to make himself available for such examination upon the reasonable request of the Company, and the Company shall be responsible for the cost of such examination.

Termination on Account of Death or Disability; Non-Qualifying Termination. (i) In the event of any termination of Executive's ’s employment other than a Qualifying Termination, the Executive shall not be entitled to any additional payments or benefits from the Company under this Agreement, other than payments or benefits with respect to the Accrued Rights. (ii) For purposes of this Agreement, the Executive shall be deemed to have a “Disability” in the event of the Executive's ’s absence for a period of 180 consecutive business days as a result of incapacity due to a physical or mental condition, illness or injury that is determined to be total and permanent by a physician mutually acceptable to the Company and the Executive or the Executive's ’s legal representative (such acceptance not to be unreasonably withheld) after such physician has completed an examination of the Executive. The Executive agrees to make himself available for such examination upon the reasonable request of the Company, and the Company shall be responsible for the cost of such examination.

Termination on Account of Death or Disability; Non-Qualifying Termination. (i) In the event of any termination of Executive's ’s employment other than a Qualifying Termination, the Executive shall not be entitled to any additional payments or benefits from the Company under this Agreement, other than payments or benefits with respect to the Accrued Rights. (ii) For purposes of this Agreement, the Executive shall be deemed to have a “Disability” in the event of the Executive's ’s absence for a period of 180 consecutive business days as a result of incapacity due to a physical or mental condition, illness or injury that is determined to be total and permanent by a physician mutually acceptable to the Company and the Executive or the Executive's ’s legal representative (such acceptance not to be unreasonably withheld) after such physician has completed an examination of the Executive. The Executive agrees to make himself available for such examination upon the reasonable request of the Company, and the Company shall be responsible for the cost of such examination.. xxXxxx Change in Control Agreement (rev. 10/25/11)

Termination on Account of Death or Disability; Non-Qualifying Termination. (i) In the event of any termination of Executive's employment other than a Qualifying Termination, the Executive shall not be entitled to any additional payments or benefits from the Company under this Agreement, other than payments or benefits with respect to the to·the Accrued Rights. (ii) For purposes of this Agreement, the Executive shall be deemed to have a “"Disability” " in the event of the Executive's absence for a period of 180 consecutive business days as a result of incapacity due to a physical or mental condition, illness or injury that is determined to be total and permanent by a physician mutually acceptable to the Company and the Executive or the Executive's legal representative (such acceptance not .not to be unreasonably withheld) after such physician has completed an examination of the Executive. The Executive agrees to make himself available for such examination upon the reasonable request of the Company, and the Company shall be responsible for the cost of such examination.

Termination on Account of Death or Disability; Non-Qualifying Termination. (ia) In the event of any termination of Executive's ’s employment other than a Qualifying Termination, the Executive shall not be entitled to any additional payments or benefits from the Company under this Agreement, other than payments or benefits with respect to the Accrued Rights. (iib) For purposes of this Agreement, the Executive shall be deemed to have a “Disability” in the event of the Executive's ’s absence for a period of 180 consecutive business days as a result of incapacity due to a physical or mental condition, illness or injury that is determined to be total and permanent by a physician mutually acceptable to the Company and the Executive or the Executive's ’s legal representative (such acceptance not to be unreasonably withheld) after such physician has completed an examination of the Executive. The Executive agrees to make himself available for such examination upon the reasonable request of the Company, and the Company shall be responsible for the cost of such examination.

Termination on Account of Death or Disability; Non-Qualifying Termination. (i) In the event of any termination of Executive's ’s employment other than a Qualifying Termination, the Executive shall not be entitled to any additional payments or benefits from the Company under this Agreement, other than payments or benefits with respect to the Accrued Rights. (ii) For purposes of this Agreement, the Executive shall be deemed to have a “Disability” in the event of the Executive's ’s absence for a period of 180 consecutive business days as a result of incapacity due to a physical or mental condition, illness or injury that which is determined to be total and permanent by a physician mutually acceptable to the Company and the Executive or the Executive's ’s legal representative (such acceptance not to be unreasonably withheld) after such physician has completed an examination of the Executive. The Executive agrees to make himself available for such examination upon the reasonable request of the Company, and the Company shall be responsible for the cost of such examination.. Xxxxxx Change in Control Agreement

Termination on Account of Death or Disability; Non-Qualifying Termination. (i) In the event of any termination of Executive's ’s employment other than a Qualifying Termination, the Executive shall not be entitled to any additional payments or benefits from the Company under this Agreement, other than payments or benefits with respect to the Accrued Rights. (ii) For purposes of this Agreement, the Executive shall be deemed to have a “Disability” in the event of the Executive's ’s absence for a period of 180 consecutive business days as a result of incapacity due to a physical or mental condition, illness or injury that is determined to be total and permanent by a physician mutually acceptable to the Company and the Executive or the Executive's ’s legal representative (such acceptance not to be unreasonably withheld) after such physician has completed an examination of the Executive. The Executive agrees to make himself available for such examination upon the reasonable request of the Company, and the Company shall be responsible for the cost of such examination.. Xxxxxxx Change in Control Agreement (rev. 12/10/12)

Termination on Account of Death or Disability; Non-Qualifying Termination. (i) In the event of any termination of Executive's ’s employment other than a Qualifying Termination, the Executive shall not be entitled to any additional payments or benefits from the Company under this Agreement, other than payments or benefits with respect to the Accrued Rights. (ii) For purposes of this Agreement, the Executive shall be deemed to have a “Disability” in the event of the Executive's ’s absence for a period of 180 consecutive business days as a result of incapacity due to a physical or mental condition, illness or injury that which is determined to be total and permanent by a physician mutually acceptable to the Company and the Executive or the Executive's ’s legal representative (such acceptance not to be unreasonably withheld) after such physician has completed an examination of the Executive. The Executive agrees to make himself herself available for such examination upon the reasonable request of the Company, and the Company shall be responsible for the cost of such examination.