Termination on Death or Permanent Disability. Executive’s employment under this Agreement shall automatically terminate on Executive’s death or upon the provision to Executive of notice of the Company’s determination of his Permanent Disability.
Termination on Death or Permanent Disability. If Executive’s employment is terminated by reason of Executive’s death or Permanent Disability during the Term, the Company shall have no further obligations to Executive, other than for (i) payment of the Accrued Obligation, (ii) payment of any unreimbursed business expenses; (iii) subject to the satisfaction of any applicable performance targets, as described in Section 3.3, any of Executive’s unpaid Bonuses with respect to a previous calendar year completed prior to the Date of Termination (without regard to any requirement that Executive remain employed through the date of determination of such Bonuses), (iv) the payment of the Annual Bonus as determined by the Board for the Bonus Year during which Executive’s employment is terminated, payable pursuant to the terms and conditions of Section 3.3, (v) any and all long-term equity compensation awards granted to Executive under any plan not previously vested shall become fully vested, with any unexercised options as of the Date of Termination remaining exercisable for the full term thereof; provided, however, that, with respect to any award that is intended to be performance-based compensation under Section 162(m) of the Code, such award shall be paid at the target level without regard to any performance goal otherwise applicable thereto, and (vi) the timely payment or provision of any and all benefit obligations provided under Section 3.4, which under their terms are available in the event of Executive’s death or Permanent Disability.
Termination on Death or Permanent Disability. If Executive’s employment hereunder is terminated by reason of Executive’s death or by the Company due to Executive’s Permanent Disability, the Company shall have no further obligations to Executive, other than for (%4) payment of the Accrued Obligation; (%4) subject to the satisfaction of the STIP and applicable STI Performance Plan or other applicable terms and conditions, as described in Section 3.3, any of Executive’s unpaid Bonuses with respect to a previous year or other performance period, as applicable, completed prior to the Date of Termination (without regard to any requirement that Executive remain employed through the date of determination, date of approval or date of payment of such Bonuses, as may be applicable); and (%4) the timely payment or provision of any and all benefit obligations provided under Section 3.4, which under their terms are available in the event of Executive’s death or Permanent Disability. In addition, subject to Executive’s (or Executive’s estate) delivery to the Company by the Release Expiration Date (and non-revocation in any time provided to do so) of an executed Release, Executive (or Executive’s estate, if applicable) shall also be eligible to receive:
Termination on Death or Permanent Disability. If Executive’s employment is terminated by reason of Executive’s death or Permanent Disability during the Term, the Company shall have no further obligations to Executive, other than for (i) payment of the Accrued Obligation, (ii) payment of any unreimbursed business expenses; (iii) subject to the satisfaction of any applicable performance targets, as described in Section 3.3, any of Executive’s earned but unpaid Bonuses with respect to a previous calendar year completed prior to the Date of Termination (without regard to any requirement that Executive remain employed through the date of determination of such Bonuses), and (iv) the timely payment or provision of any and all benefit obligations provided under Section 3.4, which under their terms are available in the event of Executive’s death or Permanent Disability.
Termination on Death or Permanent Disability. Upon a termination of employment due to the Executive’s death or his becoming subject to Permanent Disability, the Company shall pay the Executive (or his estate or beneficiary) an amount equal to one (1) time the sum of the Executive’s Base Salary and Annual Incentive Bonus (determined at the Superior Level for both corporate and individual performance for the year in which the termination of employment occurs), payable within thirty (30) days of the occurrence of the relevant event. The Executive shall become 100% vested in his stock options and restricted Common Shares awarded under the Equity Incentive Plan. The Executive (or his estate or beneficiary) shall have a one-year period following the occurrence of the relevant event in which to exercise his vested stock options, including those stock options that vested on such event. The Company shall pay to the Executive (or his estate or beneficiary) any Base Salary, Incentive Bonus, expense reimbursements and all other compensation related payments that are payable as of the date of the occurrence of the relevant event and that are related to his period of employment preceding such date. The Company shall pay to the Executive (or his estate or beneficiary) the prorated amount of Incentive Bonus at the Target Level for both corporate and individual performance for the year in which such event occurs, prorated for the portion of the year during which the Executive was employed prior to the occurrence of the relevant event.
Termination on Death or Permanent Disability. Upon a termination of employment due to the Executive’s death or Permanent Disability, the Company shall have no further liability or further obligation to the Executive except as follows: the Executive (and his estate or designated beneficiaries under any Company-sponsored employee benefit plan in the event of his death) shall be entitled to receive:
(i) within 30 days of such termination of employment any Base Salary, Incentive Bonus, expense reimbursements and all other compensation related payments that are payable as of his date of death or Permanent Disability and that are related to his period of employment preceding his date of death;
(ii) within 30 days after such termination of employment, the prorated amount of the Maximum Target Bonus for the year in which the Executive’s death occurs, prorated for the portion of the year during which the Executive was employed prior to his death or Permanent Disability, and subtracting out all Incentive Bonus payments related to that year received by the Executive during such year;
(iii) within 30 days of such termination of employment, a severance payment in an amount equal to the Executive’s Base Salary at the time of termination;
(iv) all non-vested bonus and long-term incentive awards previously granted to the executive, including but not limited to restricted stock, deferred share awards and stock options, shall earn and fully vest and become nonforfeitable. In the case of death, the Executive’s personal representative shall have a one-year period following the Executive’s death in which to exercise his vested stock options, including those stock options that vested on death; and
(v) the group health plan then provided to senior executives of the Company shall be continued following the date of termination pursuant to the Executive’s COBRA continuation rights. The Company shall provide for the cost of such coverage for a period of two years and, during such period, if Executive is precluded from participating in such group health plan by its terms or applicable law, the Company shall pay to the Executive in cash the premiums or other contributions that the Company would otherwise pay as of the date of the Executive’s termination to continue the Executive’s participation in the group health plan for two years. Notwithstanding the foregoing, the continuation period for group health benefits under Section 4980B of the Code by reason of the Executive’s termination of employment with the Company shall be measu...
Termination on Death or Permanent Disability. The Employee’s employment under this Agreement shall terminate upon the Employee’s death or Disability. For purposes of this Agreement, “Disability” shall mean the inability of the Employee to substantially perform the Employee’s duties and responsibilities to the Company by law, by reason of a physical or mental disability or infirmity (i) for a total of one hundred twenty (120) days in any consecutive twelve (12) month period or (ii) at such earlier time as the Employee submits or the Company receives satisfactory medical evidence that the Employee has a physical or mental disability or infirmity which will likely prevent him from returning to the performance of the Employee’s work duties for four (4) months or longer. In the event of any dispute regarding the determination of the Employee’s Disability, such determination shall be made by a physician selected by the Company, at the Company’s sole expense, in consultation with the Employee’s primary treating physician; provided, however, that the Employee’s Disability shall be conclusively presumed if such determination is made by an insurer providing disability insurance coverage to the Employee or the Company in respect of the Employee.
Termination on Death or Permanent Disability. If Executive’s employment is terminated by reason of Executive’s death or Permanent Disability during the Term, this Agreement shall terminate without further obligations to Executive, other than for (i) payment of the Accrued Obligation, (ii) payment of any unreimbursed expenses; (iii) any unpaid Bonuses owed to Executive for previous Bonus Years due pursuant to the terms and conditions of Section 3.3 of this Agreement, (iv) if Executive’s Date of Termination was after June 30 of a year, the pro rata payment of the Annual Bonus as determined by the Board for such Bonus Year of termination payable pursuant to the terms and conditions of Section 3.3 of this Agreement and (v) the timely payment or provision of any and all benefit obligations provided under Section 3.4, which under their terms are available in the event of death or disability.
Termination on Death or Permanent Disability. This Agreement shall terminate upon Mx. Xxxxxxx'x death or permanent disability. For purposes of this Agreement, Mx. Xxxxxxx will be considered to be permanently disabled when he is unable to perform the principal duties that he has been hired to perform for an aggregate of eight months in any nine month period.
Termination on Death or Permanent Disability. Upon a termination of employment due to the Executive’s death or his becoming subject to Permanent Disability, the Company shall pay the Executive (or his estate or beneficiary) an amount equal to one (1) time the sum of the Executive’s Base Salary and Annual Incentive Bonus (determined at the Superior Level for both corporate and individual performance based off of the prior calendar year’s performance (except in the case where the Executive was not employed with the Company in the prior year, in which case it will be based off of the year in which the termination of employment occurs), payable within thirty (30) days of the occurrence of the relevant event. The Executive shall become 100% vested in his stock options and restricted Common Shares awarded under the Equity Incentive Plan. The Executive (or his estate or beneficiary) shall have a one-year period following the occurrence of the relevant event in which to exercise his vested stock options, including those stock options that vested on such event. The Company shall pay to the Executive (or his estate or beneficiary) any Base Salary, Incentive Bonus, expense reimbursements and all other compensation related payments that are payable as of the date of the occurrence of the relevant event and that are related to his period of employment preceding such date. The Company shall pay to the Executive (or his estate or beneficiary) the prorated amount of Incentive Bonus at the Target Level for both corporate and individual performance for the year in which such event occurs, prorated for the portion of the year during which the Executive was employed prior to the occurrence of the relevant event.
