Common use of Termination on Account of Death or Disability Clause in Contracts

Termination on Account of Death or Disability. If Employee dies or becomes Disabled during the Employment Term, this Agreement and Employee’s employment hereunder shall terminate. In such event, the Company shall pay or provide to Employee (or to his or her estate) (a) the amount of any accrued but unpaid Base Compensation, (b) Basic Severance, and (c) any other amount or benefit to which Employee may be entitled under a separate plan, policy or program maintained by the Company. Employee shall be deemed “Disabled” hereunder if he or she is (a) unable to engage in any substantial gainful activity due to a medically-determinable physical or mental impairment that can be expected to result in death or to last for a continuous period of at least 12 months, or (b) receiving benefits under the Company’s separate long-term disability plan for a period of at least three months as a result of a medically-determinable physical or mental impairment. The Company shall certify whether Employee is Disabled as defined herein.