Termination Resulting from Death or Disability. (a) As the result of any Disability suffered by the Executive, the Company may, upon five (5) days prior notice to the Executive, terminate the Executive’s employment under this Agreement. The Executive’s employment shall automatically terminate upon his death.
Termination Resulting from Death or Disability. Subject to the provisions of Section 8(d) below, in the event Executive’s employment is terminated as a result of his death or disability, Executive or his estate shall be entitled to (i) such life insurance or disability benefits as Executive may be entitled to pursuant to any life or disability insurance then maintained by the Employer for the benefit of its employees and executive officers and; (ii) a pro-rata share of the Bonus in an amount as determined by Employer’s Board of Directors in their sole discretion, payable no later than November 30 following the end of Employer’s fiscal year during which such termination occurs; (iii) pursuant to the terms and conditions of the Employer’s 2006 Employee Cash Incentive Plan, payment, at such time as all other participants in that plan receive payment, of any cash incentive attributable to periods during which Executive was employed; (iv) to the extent permitted by the terms and conditions of Employer’s 2006 Long-Term Equity Incentive Plan or other applicable equity incentive plan(s) and to the extent authorized by the terms of each of Executive’s outstanding award or grant agreements entered into pursuant to such plan(s), immediate vesting of all stock appreciation rights, restricted stock, and/or stock options previously awarded Executive; and (v) to the extent permitted by the terms and conditions of the Profit Sharing and 401(k) Plan and Benefit Restoration Plan maintained by the Employer, crediting of any Employer contribution to the Executive’s account attributable to the plan year during which termination occurs and accelerated full vesting of any previously unvested Employer contributions to the Executive’s account in such plans. Except as otherwise provided by this Section 8(a) or Section 8(d) below, any amount payable pursuant to this Section 8(a) shall be paid on the 60th day following Executive’s termination due to Executive’s death or disability.
Termination Resulting from Death or Disability. If, as ---------------------------------------------- the result of any physical or mental disability, Executive shall fail or be unable to perform in a satisfactory manner a material portion of his duties and obligations hereunder for a period of 180 consecutive days or for a total of 180 days in any twelve (12) month period, Employer may, upon thirty (30) days prior written notice to Executive, terminate Executive's employment hereunder. Any dispute as to a disability shall be resolved by a medical doctor selected jointly by Employer and Executive, or, failing agreement, by the President of the American Medical Association. The death of Executive shall terminate this Agreement and his employment hereunder, effective at the time of death. In the event of termination resulting from disability or death, Executive or his estate, as the case may be, shall receive Executive's Base Salary through the date of termination and a pro-rated portion (based on the number of days in the year in which Executive was employed) of the Bonus, if any, calculated for the portion of such calendar year through the last day of the month preceding the month in which Executive's employment terminated. Executive's participation in the benefits plans generally available to employees of Employer shall cease as of the date of such termination, with the exception of a disability insurance plan, if any.
Termination Resulting from Death or Disability. (a) As the result of any Disability suffered by the Employee, the Company may, upon five (5) days prior notice to the Employee, terminate the Employee’s employment under this Agreement. The Employee’s employment shall automatically terminate upon his death.
Termination Resulting from Death or Disability. In the event Executive's employment is terminated as a result of his death or disability, Executive or his estate shall be entitled to the following:
Termination Resulting from Death or Disability. If Executive’s employment is terminated as a result of Executive’s death or Disability at any time prior to an Involuntary Termination, the vesting and exercisability of Executive’s outstanding Equity Awards shall be automatically accelerated and any transfer or forfeiture restrictions on such Equity Awards automatically lapse as to 100% of the shares subject thereto. The foregoing provision is hereby deemed to be a part of each Equity Award and to supersede any contrary provision in any agreement relating thereto. Executive shall not be entitled to any other severance or other benefits described in this Section 6. Executive, or, as the case may be, Executive’s estate or designated beneficiary(ies) will receive payment(s) for all salary and unpaid vacation accrued as of the date of Executive’s termination of employment and Executive’s benefits will be continued under the Company’s then existing benefit plans and policies in accordance with such plans and policies in effect on the date of termination and in accordance with applicable law.
Termination Resulting from Death or Disability. If Executive’s employment is terminated as a result of Executive’s death or Disability, Executive shall not be entitled to any other severance or other benefits described above in this Section 6. Executive, or, as the case may be, Executive’s estate or designated beneficiary(ies) will receive payment(s) for all salary and unpaid vacation accrued as of the date of Executive’s termination of employment and Executive’s benefits will be continued under the Company’s then existing benefit plans and policies in accordance with such plans and policies in effect on the date of termination and in accordance with applicable law.
Termination Resulting from Death or Disability. (a) If, as the result of any illness, physical or mental incapacity or disability, the Executive shall be unable to perform his essential job functions, whether with or without reasonable accommodation, in substantially the manner and to the extent required hereunder prior to the commencement of such disability, for a period of ninety consecutive days or for a total of one 180 days in any twelve month period (“Disability”), the Company may, upon thirty (30) days prior written notice to the Executive, terminate the Executive’s employment under this Agreement.
Termination Resulting from Death or Disability. In the event that your employment terminates a result of death, the Severance Payments will be made to your estate. In the event your employment terminates as a result of Disability, then the payment under Section 8(a)(ii) will be reduced by an amount equal to the present value of any disability benefits to which you are entitled for the two (2) year period following the termination of your employment under a Company-sponsored disability plan or program, with such present value calculated using an annual discount rate equal to the Applicable Federal Rate (Annual, Long-Term) published by the Internal Revenue Service as of the date of termination of your employment.
Termination Resulting from Death or Disability. If Executive's ---------------------------------------------- employment is terminated as a result of Executive's death or Disability at any time prior to an Involuntary Termination, the vesting and exercisability of each of Executive's outstanding options shall be automatically accelerated as to the lesser of (i) the number of shares that would vest over the 12 months following Executive's death or Disability under the applicable vesting schedules or (ii) 100% of all outstanding unvested options. The foregoing provision is hereby deemed to be a part of each such option and to supersede any contrary provision in any agreement regarding such option. Executive shall not be entitled to any other severance or other benefits described in this Section 6. Executive, or Executive's estate or designated beneficiary(ies) will receive payment(s) for all salary and unpaid vacation accrued as of the date of Executive's termination of employment and Executive's benefits will be continued under the Company's then existing benefit plans and policies in accordance with such plans and policies in effect on the date of termination and in accordance with applicable law.
