Common use of Termination on Account of Disability Clause in Contracts

Termination on Account of Disability. To the extent not prohibited by The Americans With Disabilities Act of 1990 or other applicable law, if, as a result of Executive’s incapacity due to physical or mental illness (as determined in good faith by a physician acceptable to the Company and Executive), Executive shall have been absent from the full-time performance of his duties with the Company for 120 consecutive days during any twelve (12) month period or if a physician acceptable to the Company advises the Company that it is likely that Executive will be unable to return to the full-time performance of his duties for 120 consecutive days during the succeeding twelve (12) month period, his employment may be terminated for “Disability.” During any period that 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 Compensation and other benefits provided hereunder, together with all compensation payable to him under the Company’s disability plan or program or other similar plan during such period, until Executive’s employment hereunder is terminated pursuant to this Section 5(f). Upon termination of employment under this Section 5(f), Executive shall not be entitled to additional payments under Section 5(a), provided, however, Executive shall be paid any pro-rated Bonus Compensation, if any, for the then current fiscal year when it is paid to other active employees, and any unpaid Bonus Compensation for the prior year, if any, when it is paid to other active employees. In the event of a Disability, Executive’s benefits shall be determined under the Company’s retirement, insurance, and other compensation and benefit plans and programs then in effect, in accordance with the terms of such programs and to the extent permitted by applicable law.

Termination on Account of Disability. To If the extent not prohibited Employment Period ------------------------------------ is terminated by The Americans With Disabilities Act of 1990 or other applicable law, if, as a result the Company because of Executive’s incapacity due to physical or mental illness 's Disability (as determined such term is hereinafter defined), in good faith by a physician acceptable addition to any benefits paid or payable to Executive under any long-term disability insurance policy maintained for the Company and benefit of Executive), Executive shall have been absent from be entitled to continue to receive his Base Salary for the full-time performance period beginning on the date of such termination and ending on the 10th anniversary of the Effective Date. The payments of Executive's Base Salary by the Company under this Section 4(c) will be made periodically in the same amounts and at the same intervals as if the Employment Period had not ended and Executive's Base Salary otherwise continued to be paid. For purposes of this Agreement, "Disability" shall mean Executive's inability to perform his duties with the Company ---------- under this Agreement for 120 one hundred eighty (180) consecutive days during any twelve (12) month period due to illness, accident or if other incapacity (as determined in good faith by a physician mutually acceptable to the Company advises the Company that it is likely that and Executive). All unvested stock options and unvested "Equity Incentive Plan" shares previously granted to Executive will be unable shall vest in full upon Executive's Disability. Executive shall remain entitled to return to the full-time performance of his duties for 120 consecutive days during the succeeding twelve (12) month period, his employment may be terminated for “Disability.” During any period that Executive fails to perform his full-time duties with the Company as a result of incapacity benefits which are then due to physical or mental illness, he shall continue to receive his Base Salary, Bonus Compensation and other benefits provided hereunder, together with all compensation payable to him under the Company’s disability plan or program or other similar plan during such period, until Executive’s employment hereunder is terminated pursuant to this Section 5(f). Upon termination of employment under this Section 5(f), Executive shall not be entitled to additional payments under Section 5(a), provided, however, Executive shall be paid any pro-rated Bonus Compensation, if any, for the then current fiscal year when it is paid to other active employees, and any unpaid Bonus Compensation for the prior year, if any, when it is paid to other active employees. In the event of a Disability, Executive’s benefits shall be determined under the Company’s retirement, insurance, and other compensation and benefit plans and programs then in effect, in accordance with the terms of such programs and to the extent permitted by applicable lawCompany Benefit Plans.

Termination on Account of Disability. To the extent not ------------------------------------ prohibited by The Americans With Disabilities Act of 1990 or other applicable law1990, if, as a result of Executive’s Employee's incapacity due to physical or mental illness (as determined in good faith by a physician acceptable to the Company and ExecutiveEmployee), Executive shall have been absent from the full-time performance of his duties with Employee is unable to substantially render to the Company the services required under this Agreement for 120 more than ninety (90) days out of any consecutive days during any twelve one hundred and eighty (12180) month day period or if a physician acceptable to the Company advises the Company that it is likely that Executive Employee will be unable to return to the full-time performance of his duties for 120 more than ninety (90) days out of any consecutive days during the succeeding twelve one hundred and eighty (12180) month period, day period his employment may be terminated for “"Disability.” " During any period that Executive Employee 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 Compensation Salary and other benefits provided hereunder, together with all compensation payable to him under the Company’s 's disability plan or program or other similar plan during such period, until Executive’s Employee's employment hereunder is terminated pursuant to this Section 5(fsubparagraph (e). Upon termination of employment under this Section 5(f)Thereafter, Executive shall not be entitled to additional payments under Section 5(a), provided, however, Executive shall be paid any pro-rated Bonus Compensation, if any, for the then current fiscal year when it is paid to other active employees, and any unpaid Bonus Compensation for the prior year, if any, when it is paid to other active employees. In the event of a Disability, Executive’s Employee's benefits shall be determined under the Company’s 's retirement, insurance, and other compensation and benefit plans and programs then in effect, in accordance with the terms of such programs programs, and the Company shall cease to be obligated to pay the Employee a Base Salary (other than any amounts owed to the extent permitted by applicable lawEmployee at the time of such termination).

Termination on Account of Disability. To the extent not prohibited by The Americans With Disabilities Act of 1990 or other applicable law1990, if, as a result of Executive’s Employee's incapacity due to physical or mental illness (as determined in good faith by a physician acceptable to the Company and ExecutiveEmployee), Executive shall have been absent from the full-time performance of his duties with Employee is unable to substantially render to the Company the services required under this Agreement for 120 more than ninety (90) days out of any consecutive days during any twelve one hundred and eighty (12180) month day period or if a physician acceptable to the Company advises the Company that it is likely that Executive Employee will be unable to return to the full-time performance of his duties for 120 more than ninety (90) days out of any consecutive days during the succeeding twelve one hundred and eighty (12180) month period, day period his employment may be terminated for “"Disability.” " During any period that Executive Employee 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 Compensation Salary and other benefits provided hereunder, together with all compensation payable to him under the Company’s 's disability plan or program or other similar plan during such period, until Executive’s Employee's employment hereunder is terminated pursuant to this Section 5(fsubparagraph (e). Upon termination of employment under this Section 5(f)Thereafter, Executive shall not be entitled to additional payments under Section 5(a), provided, however, Executive shall be paid any pro-rated Bonus Compensation, if any, for the then current fiscal year when it is paid to other active employees, and any unpaid Bonus Compensation for the prior year, if any, when it is paid to other active employees. In the event of a Disability, Executive’s Employee's benefits shall be determined under the Company’s 's retirement, insurance, and other compensation and benefit plans and programs then in effect, in accordance with the terms of such programs programs, and the Company shall cease to be obligated to pay Employee a Base Salary (other than any amounts owed to Employee at the extent permitted by applicable lawtime of such termination).