Common use of Termination on Disability Clause in Contracts

Termination on Disability. If, during the term of this Agreement, Employee has become "disabled" (as defined in this Section 10(e)), then Company may, by action of its Board of Directors (with Employee abstaining from the vote on any such action), terminate Employee's employment with Company, upon written notice to Employee. Upon any such termination, Employee's right to any further compensation hereunder shall cease and terminate, except that Employee shall be entitled to receive, on the terms and at the times specified in this Agreement: (i) any salary earned through the date of termination; (ii) the reimbursement of any expenses incurred by Employee prior to the date of termination; and (iii) a severance package, in which Employee shall receive an amount equal to (x) Employee's monthly compensation at the time of termination, multiplied by (y) the number of months remaining in the Initial Term or any Renewal Term, as applicable. For purposes of this Section 10(e), Employee shall be deemed to be "disabled" if, in the opinion of a medical doctor selected by Company, he has been unable to perform, due to physical or mental disability, substantially all of his duties of employment for a period of sixty (60) days within any twelve (12) consecutive calendar months. In the event of a dispute as to whether or not Employee shall be considered to be disabled, such facts shall be determined by a medical doctor selected jointly by each of the medical doctors engaged by Employee and Company.

Termination on Disability. If, during the term of this Agreement, Employee has become "disabled" (as defined in this Section 10(e)below), then Company may, by action of its Board of Directors (with Employee abstaining from the vote on any such action), terminate Employee's employment with Company, upon written notice to Employee. Upon any such termination, Employee's right to any further compensation hereunder shall cease and terminate, except that Employee shall be entitled to receive, on the terms and at the times specified in this Agreement: (i) any salary earned through the date of termination; (ii) the reimbursement of any expenses incurred by Employee prior to the date of termination; and (iii) a severance package, in which Employee shall receive an amount equal to (x) Employee's monthly compensation at the time of termination, multiplied by (y) the number of months remaining in the Initial Term or any Renewal Term, as applicable; provided that such severance package shall not exceed $50,000. For purposes of this Section 10(eparagraph (e), Employee shall be deemed to be "disabled" if, in the opinion of a medical doctor selected by Company, he has been unable to perform, due to physical or mental disability, substantially all of his duties of employment for a period of sixty (60) days within any twelve (12) consecutive calendar months. In the event of a dispute as to whether or not Employee shall be considered to be disabled, such facts shall be determined by a medical doctor selected jointly by each of the medical doctors engaged by Employee and Company.