Termination on Disability or Death. (a) In the event that Executive, due to physical or mental disability or incapacity, is unable to substantially perform his duties hereunder for a period of three (3) successive months, the Corporation or Executive shall then have the right to terminate this Agreement and Executive's employment hereunder upon thirty (30) days' prior written notice, provided, however, that in the event that Executive shall recommence rendering services and performing all of his duties hereunder within such thirty (30) day notice period, such notice shall be vitiated, and the Corporation and the Executive shall no longer have the right to terminate based on the disability event described in the notice. Executive's employment shall terminate immediately upon his death.
(b) Upon termination of Executive's employment by reason of his death or disability as aforesaid, Executive, or in the case of Executive's death, Executive's personal representatives, shall be entitled to receive base compensation earned or accrued to the date of such termination and not already paid, as well as a pro-rata portion of any earned and unpaid bonus less any benefits paid to Executive by reason of such disability. Such accrued base compensation shall be paid to the Executive within 30 days following the date of termination.
Termination on Disability or Death. The Executive's employment hereunder may be immediately terminated by the Corporation by notice to the Executive if the Executive becomes permanently disabled ("Permanently Disabled"). The Executive shall be deemed to have become Permanently Disabled if in any year during the period of the Executive's employment with the Corporation pursuant hereto (the "Employment Period"), because of ill health, physical or mental disability, or for other causes beyond the control of the Executive, the Executive has been continuously unable or unwilling or has failed to perform the Executive's duties for 120 consecutive days, or if, during any year of the Employment Period, the Executive has been unable or unwilling or has failed to perform the Executive's duties for a total of 180 days, consecutive or not. The term "any year of the Employment Period" means any period of 12 consecutive months during the Employment Period. This Agreement shall terminate automatically without notice upon the death of the Executive.
Termination on Disability or Death. Upon termination of the Executive's employment by reason of the Executive becoming Permanently Disabled or on the death of the Executive as described in section 11(b), except as otherwise provided under the ESPO Plan, the LTIP, or under the Corporation's applicable incentive plans, life insurance, pension plan, medical, dental, health and accident and disability plans and pension and retiree benefit plans, the Executive or, in the case of death, the Executive's family, shall not be entitled to receive any payments other than the unpaid Annual Base Salary earned by the Executive to the date of the Executive becoming Permanently Disabled or the date of the Executive's death and, in the event of the Executive's death, that portion, if any, of the Executive's annual bonus that would be paid out in accordance with the Corporation's policy with respect to same in effect at the date of the Executive's death. Notwithstanding the foregoing, nothing in this provision shall affect the Executive's right to claim or receive death or disability benefits provided for in section 4(b) of this Agreement.
Termination on Disability or Death. (i) The term “Disability” means your absence from your responsibilities with the Company on a full-time basis for 90 consecutive days or 180 days in any consecutive 12 month period as a result of incapacity due to mental or physical illness or injury. If the Company determines in good faith that your Disability has occurred, the Company may give you Termination Notice (as defined below). If within 30 days of the Termination Notice you do not return to full-time performance of your responsibilities, your employment will terminate. If you do return to full-time performance in that 30-day period, the Termination Notice will be cancelled for all purposes of this Agreement. Except as provided in this Section 5(d), your incapacity due to mental or physical illness or injury will not affect the Company’s obligations under this Agreement.
Termination on Disability or Death. (1) TWPG Inc. may terminate your employment upon your Disability. For purposes of this Agreement, “Disability” means your absence from your responsibilities with TWPG Inc. on a full-time basis for 180 days in any consecutive 12 months as a result of incapacity due to mental or physical illness or injury. If TWPG Inc. determines in good faith that your Disability has occurred, it may give you Termination Notice. If within 30 days of the Termination Notice you do not return to full-time performance of your responsibilities, your employment will terminate. If you do return to full-time performance in that 30-day period, the Termination Notice will be cancelled for all purposes of this Agreement. Except as provided in this Section 8(d), any of your incapacity due to mental or physical illness or injury will not affect TWPG Inc.’s obligations under this Agreement.
Termination on Disability or Death. (i) If the Company determines in good faith that your Disability has occurred, the Company may give you Termination Notice (as defined below). If within thirty (30) days of the Termination Notice you do not return to a full-time performance of your responsibilities, your employment will terminate. If you do return to full-time performance in that thirty (30) day period, the Termination Notice will be cancelled for all purposes of this Agreement. Except as provided in this Section 5(d), your incapacity due to mental or physical illness or injury will not affect the Company’s obligations under this Agreement. For these purposes, you will be deemed to have incurred a Disability if any of the following occur: (i) you are unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or last for a continuous period of not less than twelve (12) months, (ii) by reason of any medically determinable physical or mental impairment that can be expected to result in death, or last for a continuous period of not less than twelve (12) months, you are receiving income replacement benefits for a period of not less than three (3) months under an accident and health plan covering employees of the Bank; or (iii) you are determined to be totally disabled by the Social Security Administration. With respect to “(i)” above, this Disability determination must be made by a physician, retained by the Bank for purposes of making this determination, or retained by you and approved by the Bank (which approval shall not be unreasonably withheld).
(ii) Your employment will terminate automatically on your death.
Termination on Disability or Death. If at any time during the Employment Period, the Executive has a Disability, as defined in section 12(a), or dies, the Employment Period shall terminate with payments as provided in Section 7(a) and the Company shall continue payment of Executive’s Annual Base Salary during the remainder of the calendar month during which Executive’s death occurs. In the event of termination due to a Disability, Executive shall be entitled to the payments as set forth in Section 7(c), provided that Executive satisfied the definition of Disability and expected to remained disabled during the twelve (12) month period following the Termination Date and executes a Release as provided in Section 7(d) without revocation.
Termination on Disability or Death. If Executive is unable due to mental or physical illness or injury to perform the essential functions of his job with or without reasonable accommodations under this Agreement, this Agreement shall be then terminated. Also, if Executive dies during the initial term or during any renewal term of this Agreement, this Agreement shall be terminated.
Termination on Disability or Death a) In the event that the Executive, due to physical or mental disability or incapacity, is unable to substantially perform his duties hereunder, The Executive may, upon 10 days prior written notice, terminate this Agreement and be excused from any further acts to be performed pursuant to this Agreement. The Company agrees to maintain at it's expense a disability policy payable to the Executive upon the occurrence of any of the above situations and in an amount sufficient to compensate the Executive for his base salary, and all benefits for which he is entitled under this contract for as long as he is disabled or incapacitated.
b) The Company will maintain, at it's expense, a life insurance policy sufficient to pay the Executives survivors the full amount of the Executives ownership in the Company, as well as the balance of any compensation owed the Executive in accordance with this agreement. The Company will purchase additional life insurance as the amounts and types of compensation due the Executive change. The beneficiary on all insurance policies shall be the spouse of the Executive. In the case of the Executive not being married, the beneficiary shall be any other designate of the Executive.
Termination on Disability or Death. (a) In the event that the Executive is unable to perform his services to the Corporation by reason of physical or mental disability or incapacity for a period of more than three successive months, the Corporation may terminate this Agreement. Periods of disability shall not be counted as successive if the Executive has returned to work for at least one month between such periods of disability. To the extent that the Corporation maintains disability insurance for the benefit of the Executive, any compensation paid to the Executive by the Corporation during the term of Executive's disability shall be repaid to the Corporation to the extent that the Executive receives disability benefits for the same time period. Once disability benefits have begun, any compensation due under this Agreement shall be reduced by the same amount received by the Executive. The Executive's employment shall terminate immediately upon his death.
(b) Upon termination of the Executive's employment by reason of his death or disability as aforesaid, the Executive, or in the case of the Executive's death, the Executive's personal representatives, shall be entitled to receive all base compensation earned or accrued to the date of such termination and not theretofore paid.
