Termination Upon Death or Permanent Disability. This Agreement shall be automatically terminated on the death of Executive or on the permanent disability of Executive if Executive is no longer able to perform in all material respects the usual and customary duties of Executive’s employment hereunder. For purposes hereof, any condition which in reasonable likelihood is expected to impair Executive’s ability to materially perform Executive’s duties hereunder for a period of three months or more shall be considered to be permanent.
Termination Upon Death or Permanent Disability. 11.1 This Agreement shall automatically terminate upon the death of the Executive.
11.2 In the event that the Executive shall suffer a Permanent Disability, the Corporation may terminate this Agreement and the Executive's employment by providing at least 30 days' prior written Notice to the Executive that the Corporation recognizes that the performance of this Agreement has been frustrated by the Permanent Disability. Upon termination of the Executive's employment pursuant to this Article 11.2, the Corporation shall have no further obligation to the Executive, with the exception that the Executive shall continue to be entitled to such insurance benefits as may be provided under any long term disability insurance plan, and to any benefit or entitlement arising from any pension plan of the Corporation.
Termination Upon Death or Permanent Disability. Executive's employment with Employer shall also terminate upon Executive's death or permanent mental or physical disability or other incapacity (as determined by the Board in its good faith judgment). Upon any such termination, Employer shall pay Executive (or Executive's estate or legal representative or guardian) all compensation then due and owing; thereafter, all of Employer's obligations under this Agreement shall cease.
Termination Upon Death or Permanent Disability. In the event that Employee dies, this Agreement shall terminate upon the Employee's death. Likewise, if the Employee becomes unable to perform the essential functions of the position, with or without reasonable accommodation, on account of illness, disability, or other reason whatsoever for a period of more than six consecutive or nonconsecutive months in any twelve-month period, this Agreement shall terminate effective upon such incapacity, and Employee (or his legal representatives) shall be entitled only to the base salary earned PRO RATA to the date of such termination with no entitlement to any base salary continuation payments or benefits continuation (except as specifically provided by the terms of an employee benefit plan of the Company).
Termination Upon Death or Permanent Disability. The Term shall automatically terminate in the event of the death or permanent disability of Executive. For purposes of this Agreement, "permanent disability" shall mean the inability to perform services hereunder for a period of six consecutive months.
Termination Upon Death or Permanent Disability. The Executive's employment shall terminate upon the death or permanent disability of the Executive. For purposes hereof, "permanent disability," shall mean the inability of the Executive, as determined by the Board of Directors of the Company, by reason of physical or mental illness to perform the duties required of him under this Agreement for more than 180 days in any one year period. Successive periods of disability, illness or incapacity will be considered separate periods unless the later period of disability, illness or incapacity is due to the same or related cause and commences less than six months from the ending of the previous period of disability. Upon a determination by the Board of Directors of Xxxxxxxxx that the Executive's employment shall be terminated under this Section 6(d), the Board of Directors shall give the Executive 30 days' prior written notice of the termination. If a determination of the Board of Directors under this Section 6(d) is disputed by the Executive, the parties agree to abide by the decision of a panel of three physicians. The Company will select a physician, the Executive will select a physician and the physicians selected by the Company and the Executive will select a third physician. The Executive agrees to make himself available for and submit to examinations by such physicians as may be directed by the Company. Failure to submit to any examination shall constitute a breach of a material part of this Agreement. In the event of a termination under this Section 6(d), the Company will pay Executive or his duly appointed and qualified executor or other personal representative the earned but unpaid portion of the Executive's Basic Salary through the Termination Date.
Termination Upon Death or Permanent Disability. Upon termination of Executive's employment upon Executive's death or permanent disability, Executive or Executive's estate will be entitled to the benefits provided below, subject to signing by Executive or Executive's estate of a general release of claims in a form satisfactory to the Company:
(i) the Company will pay as severance pay to Executive or Executive's estate, in monthly installments over a twelve-month period, an amount equal to the Executive's Base Salary as in effect on the date of termination of employment; and
(ii) subject to Executive making a valid election to continue medical coverage under the Company's group health plan, the Company will pay Executive's COBRA premium for the shorter of (x) 12 months following Executive's termination of employment or (y) the end of the COBRA continuation period.
Termination Upon Death or Permanent Disability. If CEO's employment is terminated pursuant to Section 4(a) [Permanent Disability] or 4(b) [Death] above, CEO shall be entitled to, and USPB's obligation under this Agreement shall be limited to:
(1) the payment of salary accrued under Section 3(a) [Annual Salary] to the date of the termination plus continued monthly payment of salary under Section 3(a) [Annual Salary] through the date ("Deemed Termination Date") that is the earlier of the first anniversary of the termination or the Expiration Date;
(2) if termination occurs under Section 4(a) [Permanent Disability], provision of fringe benefits listed in Section 3(e), through the Deemed Termination Date, but excluding vacation pay, personal and sick days, vehicle, telecommunications, and 401K contributions, (subject to any necessary consent of applicable insurers which, if consent is not obtained within 30 days after termination, then the cash value of the monthly premiums at the date of termination shall be paid to CEO in equal monthly payments), through the Deemed Termination Date;
(3) payment of the Annual Incentive in the amounts and at the times provided under Section 3(c) [Annual Incentive] through the employment year in which the Deemed Termination Date occurs pro-rated for the last employment year based upon the period through the Deemed Termination Date;
(4) payment of the Long-Term Incentive is as provided in Section 3(d)(1) [Long Term Incentives] (less any amounts paid) that would have accrued if the CEO had remained employed under this Agreement through the Deemed Termination Date, with payments to be made at the same times specified in Section 3(d)(2);
(5) payments under this Section 5(a)(3), and (4) are subject to the Incentive Cap under Section 3(b).
Termination Upon Death or Permanent Disability. Except as required by law and as provided in Section 7 hereof, all benefits and other rights of Employee hereunder shall be terminated by the death or permanent disability of the Employee. For the purposes of this Agreement, permanent disability is defined as Employee being incapable of performing his duties to the Company by reason of any medically determined physical or mental impairment that can be expected to last for a period of more than six consecutive months from the first date of the Employee’s absence due to the disability. The Company will give Employee at least four weeks written notice of termination due to such disability.
Termination Upon Death or Permanent Disability. Except as required by law and as provided in Section 8, all benefits and other rights of Employee under this Agreement shall be terminated by Employee’s death or Permanent Disability. For purposes of this Agreement, “Permanent Disability” is defined as Employee being incapable of performing duties to XOMA by reason of any medically determined physical or mental impairment that can be expected to last for a period of more than six (6) consecutive months from the first date of Employee’s absence due to the disability. XOMA will give Employee at least four (4) weeks written notice of termination due to such disability.
