Common use of Termination upon Disability and Temporary Reassignment of Duties Due to Disability; Termination upon Death Clause in Contracts

Termination upon Disability and Temporary Reassignment of Duties Due to Disability; Termination upon Death. (i) If the Executive becomes totally and permanently disabled during the Employment Period so that he is unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period (“Disability”), then the Executive’s employment hereunder and the Employment Period may be terminated by the Company within sixty (60) days after the expiration of such ninety (90) day period (whether or not consisting of consecutive days), such termination to be effective ten (10) days after written notice to the Executive. In the event the Company shall give a notice of termination under this Section 5(b)(i), then the Company may reassign the Executive’s duties hereunder to another person or other persons. Such reassignment shall not reduce the Company’s obligations hereunder to make salary, bonus and other payments to the Executive and to provide other benefits to him, during the remainder of his employment and, if applicable, following the termination of employment. (ii) During any period that the Executive is totally disabled such that he is unable to perform his obligations hereunder by reason involving physical or mental illness or physical injury, as determined by a physician chosen by the Company and reasonably acceptable to the Executive (or his legal representative), the Company may reassign the Executive’s duties hereunder to another person or other persons, provided if the Executive shall again be able to perform his obligations hereunder prior to the Company’s termination of the Executive’s employment hereunder and the Employment Period in accordance with the terms of this Agreement, all such duties shall again be the Executive’s duties. The cost of any examination by such physician shall be borne by the Company. Notwithstanding the foregoing, if the Executive has been unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period, then a determination by a physician of disability will not be required prior to any such reassignment. Any such reassignment shall not be a termination of employment and in no event shall such reassignment reduce the Company’s obligation to make salary, bonus and other payments to the Executive and to provide other benefits to him under this Agreement during his employment or, if applicable, following a termination of employment. (iii) The Executive’s employment hereunder and the Employment Period shall automatically terminate immediately upon the death of the Executive.

Termination upon Disability and Temporary Reassignment of Duties Due to Disability; Termination upon Death. (i) If the Executive becomes totally and permanently disabled during the Employment Period so that he is unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period (“"Disability”"), then the Executive’s 's employment hereunder and the Employment Period may be terminated by the Company within sixty (60) days after the expiration of such said ninety (90) day period (whether or not consisting of consecutive days), such said termination to be effective ten (10) days after written notice to the Executive. In the event the Company shall give a notice of termination under this Section 5(b)(i), then the Company may reassign the Executive’s 's duties hereunder to another person or other persons. Such reassignment shall not reduce the Company’s 's obligations hereunder to make salary, bonus and other payments to the Executive and to provide other benefits to him, during the remainder of his employment and, if applicable, following the termination of employment. (ii) During any period that the Executive is totally disabled such that he is unable to perform his obligations hereunder by reason involving physical or mental illness or physical injury, as determined by a physician chosen by the Company and reasonably acceptable to the Executive (or his legal representative), the Company may reassign the Executive’s 's duties hereunder to another person or other persons, provided if the Executive shall again be able to perform his obligations hereunder prior to the Company’s 's termination of the Executive’s 's employment hereunder and the Employment Period in accordance with the terms of this Agreement, all such duties shall again be the Executive’s 's duties. The cost of any examination by such physician shall be borne by the Company. Notwithstanding the foregoing, if the Executive has been unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period, then a determination by a physician of disability will not be required prior to any such reassignment. Any such reassignment shall not be a termination of employment and in no event shall such reassignment reduce the Company’s 's obligation to make salary, bonus and other payments to the Executive and to provide other benefits to him under this Agreement during his employment or, if applicable, following a termination of employment. (iii) The Executive’s 's employment hereunder and the Employment Period shall automatically terminate immediately upon the death of the Executive.

Termination upon Disability and Temporary Reassignment of Duties Due to Disability; Termination upon Death. (i) If the Executive becomes totally and permanently disabled during the Employment Period so that he is unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period (“Disability”), then the Executive’s employment hereunder and the Employment Period may be terminated by the Company within sixty (60) days after the expiration of such ninety (90) day period (whether or not consisting of consecutive days), such termination to be effective ten (10) days after written notice to the Executive. In the event the Company shall give a notice of termination under this Section 5(b)(i), then the Company may reassign the Executive’s duties hereunder to another person or other persons. Such reassignment shall not reduce the Company’s obligations hereunder to make salary, bonus and other payments to the Executive and to provide other benefits to him, him during the remainder of his employment and, if applicable, following the termination of employment. (ii) During any period that the Executive is totally disabled such that he is unable to perform his obligations hereunder by reason involving physical or mental illness or physical injury, as determined by a physician chosen by the Company and reasonably acceptable to the Executive (or his legal representative), the Company may reassign the Executive’s duties hereunder to another person or other persons, provided if the Executive shall again be able to perform his obligations hereunder prior to the Company’s termination of the Executive’s employment hereunder and the Employment Period in accordance with the terms of this Agreement, all such duties shall again be the Executive’s duties. The cost of any examination by such physician shall be borne by the Company. Notwithstanding the foregoing, if the Executive has been unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period, then a determination by a physician of disability will not be required prior to any such reassignment. Any such reassignment shall not be a termination of employment and in no event shall such reassignment reduce the Company’s obligation to make salary, bonus and other payments to the Executive and to provide other benefits to him under this Agreement during his employment or, if applicable, following a termination of employment. (iii) The Executive’s employment hereunder and the Employment Period shall automatically terminate immediately upon the death of the Executive.

Termination upon Disability and Temporary Reassignment of Duties Due to Disability; Termination upon Death. (i) If the Executive becomes totally and permanently disabled during the Employment Period so that he is unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period (“Disability”), then the Executive’s employment hereunder and the Employment Period may be terminated by the Company within sixty (60) days after the expiration of such ninety (90) day period (whether or not consisting of consecutive days), such termination to be effective ten (10) days after written notice to the Executive. In the event the Company shall give a notice of termination under this Section 5(b)(i), then the Company may reassign the Executive’s duties hereunder to another person or other persons. Such reassignment shall not reduce the Company’s obligations hereunder to make salary, bonus and other payments to the Executive and to provide other benefits to him, him during the remainder of his employment and, if applicable, following the termination of employment. (ii) During any period that the Executive is totally disabled such that he is unable to perform his obligations hereunder by reason involving physical or mental illness or physical injury, as determined by a physician chosen by the Company and reasonably acceptable to the Executive (or his legal representative), the Company may reassign the Executive’s duties hereunder to another person or other persons, provided if the Executive shall again be able to perform his obligations hereunder prior to the Company’s termination of the Executive’s employment hereunder and the Employment Period in accordance with the terms of this Agreement, all such duties shall again be the Executive’s duties. The cost of any examination by such physician shall be borne by the Company. Notwithstanding the foregoing, if the Executive has been unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period, then a determination by a physician of disability will not be required prior to any such reassignment. Any such reassignment shall not be a termination of employment and in no event shall such reassignment reduce the Company’s obligation to make salary, bonus and other payments to the Executive and to provide other benefits to him under this Agreement during his employment or, if applicable, following a termination of employment. (iii) The Executive’s employment hereunder and the Employment Period shall automatically terminate immediately upon the death of the Executive.twelve

Termination upon Disability and Temporary Reassignment of Duties Due to Disability; Termination upon Death. (i) If the Executive becomes totally and permanently disabled during the Employment Period so that he is unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period (“"Disability”"), then the Executive’s 's employment hereunder and the Employment Period may be terminated by the Company within sixty (60) days after the expiration of such said ninety (90) day period (whether or not consisting of consecutive days), such said termination to be effective ten (10) days after written notice to the Executive. In the event the Company shall give a notice of termination under this Section 5(b)(i), then the Company may reassign the Executive’s 's duties hereunder to another person or other persons. Such reassignment shall not reduce the Company’s 's obligations hereunder to make salary, bonus and other payments to the Executive and to provide other benefits to him, during the remainder of his employment and, if applicable, following the termination of employment. (ii) During any period that the Executive is totally disabled such that he is unable to perform his obligations hereunder by reason involving physical or mental illness or physical injury, as determined by a physician chosen by the Company and reasonably acceptable to the Executive (or his legal representative), the Company may reassign the Executive’s 's duties hereunder to another person or other persons, provided if the Executive shall again be able to perform his obligations hereunder prior to the Company’s 's termination of the Executive’s 's employment hereunder and the Employment Period in accordance with the terms of this Agreement, all such duties shall again be the Executive’s 's duties. The cost of any examination by such physician shall be borne by the Company. Notwithstanding the foregoing, if the Executive has been unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period, then a determination by a physician of disability will not be required prior to any such reassignment. Any such reassignment shall not be a termination of employment and in no event shall such reassignment reduce the Company’s 's obligation to make salary, bonus and other payments to the Executive and to provide other benefits to him under this Agreement during his employment or, if applicable, following a termination of employment. (iii) The Executive’s 's employment hereunder and the Employment Period shall automatically terminate immediately upon the death of the Executive.

Termination upon Disability and Temporary Reassignment of Duties Due to Disability; Termination upon Death. (i) If the Executive becomes totally and permanently disabled during the Employment Period so that he she is unable to perform his her obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period (“Disability”), then the Executive’s employment hereunder and the Employment Period may be terminated by the Company within sixty (60) days after the expiration of such ninety (90) day period (whether or not consisting of consecutive days), such termination to be effective ten (10) days after written notice to the Executive. In the event the Company shall give a notice of termination under this Section 5(b)(i5(b) (i), then the Company may reassign the Executive’s duties hereunder to another person or other persons. Such reassignment shall not reduce the Company’s obligations hereunder to make salary, bonus and other payments to the Executive and to provide other benefits to him, during the remainder of his her employment and, if applicable, following the termination of employment. (ii) During any period that the Executive is totally disabled such that he she is unable to perform his her obligations hereunder by reason involving physical or mental illness or physical injury, as determined by a physician chosen by the Company and reasonably acceptable to the Executive (or his her legal representative), the Company may reassign the Executive’s duties hereunder to another person or other persons, provided if the Executive shall again be able to perform his her obligations hereunder prior to the Company’s termination of the Executive’s employment hereunder and the Employment Period in accordance with the terms of this Agreement, all such duties shall again be the Executive’s duties. The cost of any examination by such physician shall be borne by the Company. Notwithstanding the foregoing, if the Executive has been unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period, then a determination by a physician of disability will not be required prior to any such reassignment. Any such reassignment shall not be a termination of employment and in no event shall such reassignment reduce the Company’s obligation to make salary, bonus and other payments to the Executive and to provide other benefits to him under this Agreement during his employment or, if applicable, following a termination of employment. (iii) The Executive’s employment hereunder and the Employment Period shall automatically terminate immediately upon the death of the Executive.

Termination upon Disability and Temporary Reassignment of Duties Due to Disability; Termination upon Death. (i) If the Executive becomes totally and permanently disabled during the Employment Period so that he is unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury (A) for a period of ninety (90) consecutive days during the Employment Period, or (B) for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period (“"Disability”"), then the Executive’s 's employment hereunder and the Employment Period may be terminated by the Company within sixty (60) days after the expiration of such said ninety (90) day period (whether consecutive or not consisting of consecutive daysin the aggregate, as the case may be), such said termination to be effective ten (10) days after written notice to the Executive. In the event the Company shall give a notice of termination under this Section 5(b)(i), then the Company may reassign the Executive’s 's duties hereunder to another person or other persons. Such reassignment shall not reduce the Company’s 's obligations hereunder to make salary, bonus and other payments to the Executive and to provide other benefits to him, during the remainder of his employment and, if applicable, following the termination of employment. (ii) During any period that the Executive is totally disabled such that he is unable to perform his obligations hereunder by reason involving physical or mental illness or physical injury, as determined by a physician chosen by the Company and reasonably acceptable to the Executive (or his legal representative), the Company may reassign the Executive’s 's duties hereunder to another person or other persons, provided if the Executive shall again be able to perform his obligations hereunder prior to the Company’s 's termination of the Executive’s 's employment hereunder and the Employment Period in accordance with the terms of this Agreement, all such duties shall again be the Executive’s 's duties. The cost of any examination by such physician shall be borne by the Company. Notwithstanding the foregoing, if the Executive has been unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury for a period of ninety (90) consecutive days during the Employment Period or an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period, then a determination by a physician of disability will not be required prior to any such reassignment. Any such reassignment shall not be a termination of employment and in no event shall such reassignment reduce the Company’s obligation to make salary, bonus and other payments to the Executive and to provide other benefits to him under this Agreement during his employment or, if applicable, following a termination of employment. (iii) The Executive’s employment hereunder and the Employment Period shall automatically terminate immediately upon the death of the Executive.twelve

Termination upon Disability and Temporary Reassignment of Duties Due to Disability; Termination upon Death. (i) If the Executive becomes totally and permanently disabled during the Employment Period so that he is unable to perform the essential functions of his obligations hereunder position with or without reasonable accommodation, if any, by reasons involving physical or mental illness or physical injury the Company for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period (“Disability”), then the Company may terminate the Executive’s 's employment hereunder and the Employment Period may be terminated by the Company within sixty (60) days after the expiration of such ninety (90) day period (whether or not consisting of consecutive days), such . Such termination to shall be effective ten (10) days after written notice to the Executive. In the event the Company shall give a notice of termination under this Section 5(b)(i), then the Company may reassign the Executive’s 's duties hereunder to another person or other persons. Such reassignment shall not reduce the Company’s 's obligations hereunder under this Agreement to make salary, bonus and other payments to the Executive and to provide other benefits to him, during the remainder of his employment and, if applicable, following the termination of employment. (ii) During any period that the Executive is totally disabled such that he is unable to perform the essential functions of his obligations hereunder position with or without reasonable accommodation, if any, by reason involving physical or mental illness or physical injurythe Company, as determined by a physician chosen by the Company and reasonably acceptable to the Executive (or his legal representative), the Company may reassign the Executive’s 's duties hereunder to another person or other persons, provided that if the Executive shall again be able to perform his obligations hereunder duties prior to the Company’s 's termination of the Executive’s employment hereunder and the Employment Period in accordance with the terms of this Agreement's employment, all such duties shall again be the Executive’s 's duties. The cost of any examination by such physician shall be borne by the Company. Notwithstanding the foregoing, if the Executive has been unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Periodsuffers from a Disability, then a determination by a physician of disability will not be required prior to any such reassignment. Any such reassignment shall not be a termination of employment and in no event shall such reassignment reduce the Company’s 's obligation to make salary, bonus and other payments to the Executive and to provide other benefits to him under this Agreement during the remainder of his employment or, if applicable, following a termination of employment. (iii) The Executive’s 's employment hereunder and the Employment Period shall automatically terminate immediately upon the death of the Executive.

Termination upon Disability and Temporary Reassignment of Duties Due to Disability; Termination upon Death. (i) If the Executive becomes totally and permanently disabled during the Employment Period so that he she is unable to perform his her obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period (“Disability”), then the Executive’s employment hereunder and the Employment Period may be terminated by the Company within sixty (60) days after the expiration of such ninety (90) day period (whether or not consisting of consecutive days), such termination to be effective ten (10) days after written notice to the Executive. In the event the Company shall give a notice of termination under this Section 5(b)(i5(b) (i), then the Company may reassign the Executive’s duties hereunder to another person or other persons. Such reassignment shall not reduce the Company’s obligations hereunder to make salary, bonus and other payments to the Executive and to provide other benefits to him, during the remainder of his her employment and, if applicable, following the termination of employment. (ii) During any period that the Executive is totally disabled such that he she is unable to perform his her obligations hereunder by reason involving physical or mental illness or physical injury, as determined by a physician chosen by the Company and reasonably acceptable to the Executive (or his her legal representative), the Company may reassign the Executive’s duties hereunder to another person or other persons, provided if the Executive shall again be able to perform his her obligations hereunder prior to the Company’s termination of the Executive’s employment hereunder and the Employment Period in accordance with the terms of this Agreement, all such duties shall again be the Executive’s duties. The cost of any examination by such physician shall be borne by the Company. Notwithstanding the foregoing, if the Executive has been unable to perform his her obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period, then a determination by a physician of disability will not be required prior to any such reassignment. Any such reassignment shall not be a termination of employment and in no event shall such reassignment reduce the Company’s obligation to make salary, bonus and other payments to the Executive and to provide other benefits to him her under this Agreement during his her employment or, if applicable, following a termination of employment. (iii) The Executive’s employment hereunder and the Employment Period shall automatically terminate immediately upon the death of the Executive.

Termination upon Disability and Temporary Reassignment of Duties Due to Disability; Termination upon Death. (i) If the Executive becomes totally and permanently disabled during the Employment Period so that he is unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period (“"Disability”"), then the Executive’s 's employment hereunder and the Employment Period may be terminated by the Company within sixty (60) days after the expiration of such ninety (90) day period (whether or not consisting of consecutive days), such termination to be effective ten (10) days after written notice to the Executive. In the event the Company shall give a notice of termination under this Section 5(b)(i5(b) (i), then the Company may reassign the Executive’s 's duties hereunder to another person or other persons. Such reassignment shall not reduce the Company’s 's obligations hereunder to make salary, bonus and other payments to the Executive and to provide other benefits to him, him during the remainder of his employment and, if applicable, following the termination of employment. (ii) During any period that the Executive is totally disabled such that he is unable to perform his obligations hereunder by reason involving physical or mental illness or physical injury, as determined by a physician chosen by the Company and reasonably acceptable to the Executive (or his legal representative), the Company may reassign the Executive’s 's duties hereunder to another person or other persons, provided if the Executive shall again be able to perform his obligations hereunder prior to the Company’s 's termination of the Executive’s 's employment hereunder and the Employment Period in accordance with the terms of this Agreement, all such duties shall again be the Executive’s 's duties. The cost of any examination by such physician shall be borne by the Company. Notwithstanding the foregoing, if the Executive has been unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period, then a determination by a physician of disability will not be required prior to any such reassignment. Any such reassignment shall not be a termination of employment and in no event shall such reassignment reduce the Company’s 's obligation to make salary, bonus and other payments to the Executive and to provide other benefits to him under this Agreement during his employment or, if applicable, following a termination of employment. (iii) The Executive’s 's employment hereunder and the Employment Period shall automatically terminate immediately upon the death of the Executive.

Termination upon Disability and Temporary Reassignment of Duties Due to Disability; Termination upon Death. (i) If the Executive becomes totally and permanently disabled during the Employment Period so that he she is unable to perform his her obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period (“Disability”), then the Executive’s employment hereunder and the Employment Period may be terminated by the Company within sixty (60) days after the expiration of such ninety (90) day period (whether or not consisting of consecutive days), such termination to be effective ten (10) days after written notice to the Executive. In the event the Company shall give a notice of termination under this Section 5(b)(i5(b) (i), then the Company may reassign the Executive’s duties hereunder to another person or other persons. Such reassignment shall not reduce the Company’s obligations hereunder to make salary, bonus and other payments to the Executive and to provide other benefits to him, during the remainder of his her employment and, if applicable, following the termination of employment.. Amended and Restated Employment Agreement of Xxxxxxxx X. Xxxx (ii) During any period that the Executive is totally disabled such that he she is unable to perform his her obligations hereunder by reason involving physical or mental illness or physical injury, as determined by a physician chosen by the Company and reasonably acceptable to the Executive (or his her legal representative), the Company may reassign the Executive’s duties hereunder to another person or other persons, provided if the Executive shall again be able to perform his her obligations hereunder prior to the Company’s termination of the Executive’s employment hereunder and the Employment Period in accordance with the terms of this Agreement, all such duties shall again be the Executive’s duties. The cost of any examination by such physician shall be borne by the Company. Notwithstanding the foregoing, if the Executive has been unable to perform his her obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period, then a determination by a physician of disability will not be required prior to any such reassignment. Any such reassignment shall not be a termination of employment and in no event shall such reassignment reduce the Company’s obligation to make salary, bonus and other payments to the Executive and to provide other benefits to him her under this Agreement during his her employment or, if applicable, following a termination of employment. (iii) The Executive’s employment hereunder and the Employment Period shall automatically terminate immediately upon the death of the Executive.

Termination upon Disability and Temporary Reassignment of Duties Due to Disability; Termination upon Death. (i) If the Executive becomes totally and permanently disabled during the Employment Period so that he is unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period (“"Disability”"), then the Executive’s 's employment hereunder and the Employment Period may be terminated by the Company within sixty (60) days after the expiration of such ninety (90) day period (whether or not consisting of consecutive days), such termination to be effective ten (10) days after written notice to the Executive. In the event the Company shall give a notice of termination under this Section 5(b)(i5(b) (i), then the Company may reassign the Executive’s 's duties hereunder to another person or other persons. Such reassignment shall not reduce the Company’s 's obligations hereunder to make salary, bonus and other payments to the Executive and to provide other benefits to him, during the remainder of his employment and, if applicable, following the termination of employment. (ii) During any period that the Executive is totally disabled such that he is unable to perform his obligations hereunder by reason involving physical or mental illness or physical injury, as determined by a physician chosen by the Company and reasonably acceptable to the Executive (or his legal representative), the Company may reassign the Executive’s 's duties hereunder to another person or other persons, provided if the Executive shall again be able to perform his obligations hereunder prior to the Company’s 's termination of the Executive’s 's employment hereunder and the Employment Period in accordance with the terms of this Agreement, all such duties shall again be the Executive’s 's duties. The cost of any examination by such physician shall be borne by the Company. Notwithstanding the foregoing, if the Executive has been unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period, then a determination by a physician of disability will not be required prior to any such reassignment. Any such reassignment shall not be a termination of employment and in no event shall such reassignment reduce the Company’s 's obligation to make salary, bonus and other payments to the Executive and to provide other benefits to him under this Agreement during his employment or, if applicable, following a termination of employment. (iii) The Executive’s 's employment hereunder and the Employment Period shall automatically terminate immediately upon the death of the Executive.

Termination upon Disability and Temporary Reassignment of Duties Due to Disability; Termination upon Death. (i) If the Executive becomes totally and permanently disabled during the Employment Period so that he is unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury (A) for a period of ninety (90) consecutive days during the Employment Period, or (B) for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period (“"Disability”"), then the Executive’s 's employment hereunder and the Employment Period may be terminated by the Company within sixty (60) days after the expiration of such said ninety (90) day period (whether consecutive or not consisting of consecutive daysin the aggregate, as the case may be), such said termination to be effective ten (10) days after written notice to the Executive. In the event the Company shall give a notice of termination under this Section 5(b)(i), then the Company may reassign the Executive’s 's duties hereunder to another person or other persons. Such reassignment shall not reduce the Company’s 's obligations hereunder to make salary, bonus and other payments to the Executive and to provide other benefits to him, during the remainder of his employment and, if applicable, following the termination of employment. (ii) During any period that the Executive is totally disabled such that he is unable to perform his obligations hereunder by reason involving physical or mental illness or physical injury, as determined by a physician chosen by the Company and reasonably acceptable to the Executive (or his legal representative), the Company may reassign the Executive’s 's duties hereunder to another person or other persons, provided if the Executive shall again be able to perform his obligations hereunder prior to the Company’s termination of the Executive’s employment hereunder and the Employment Period in accordance with the terms of this Agreement, all such duties shall again be the Executive’s duties. The cost of any examination by such physician shall be borne by the Company. Notwithstanding the foregoing, if the Executive has been unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period, then a determination by a physician of disability will not be required prior to any such reassignment. Any such reassignment shall not be a termination of employment and in no event shall such reassignment reduce the Company’s obligation to make salary, bonus and other payments to the Executive and to provide other benefits to him under this Agreement during his employment or, if applicable, following a termination of employment. (iii) The Executive’s employment hereunder and the Employment Period shall automatically terminate immediately upon the death of the Executive.to

Termination upon Disability and Temporary Reassignment of Duties Due to Disability; Termination upon Death. (i) If the Executive becomes totally and permanently disabled during the Employment Period so that he is unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period (“"Disability”"), then the Executive’s 's employment hereunder and the Employment Period may be terminated by the Company within sixty (60) days after the expiration of such ninety (90) day period (whether or not consisting of consecutive days), such termination to be effective ten (10) days after written notice to the Executive. In the event the Company shall give a notice of termination under this Section 5(b)(i), then the Company may reassign the Executive’s 's duties hereunder to another person or other persons. Such reassignment shall not reduce the Company’s 's obligations hereunder to make salary, bonus and other payments to the Executive and to provide other benefits to him, during the remainder of his employment and, if applicable, following the termination of employment. (ii) During any period that the Executive is totally disabled such that he is unable to perform his obligations hereunder by reason involving physical or mental illness or physical injury, as determined by a physician chosen by the Company and reasonably acceptable to the Executive (or his legal representative), the Company may reassign the Executive’s 's duties hereunder to another person or other persons, provided if the Executive shall again be able to perform his obligations hereunder prior to the Company’s 's termination of the Executive’s 's employment hereunder and the Employment Period in accordance with the terms of this Agreement, all such duties shall again be the Executive’s 's duties. The cost of any examination by such physician shall be borne by the Company. Notwithstanding the foregoing, if the Executive has been unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period, then a determination by a physician of disability will not be required prior to any such reassignment. Any such reassignment shall not be a termination of employment and in no event shall such reassignment reduce the Company’s 's obligation to make salary, bonus and other payments to the Executive and to provide other benefits to him under this Agreement during his employment or, if applicable, following a termination of employment. (iii) The Executive’s 's employment hereunder and the Employment Period shall automatically terminate immediately upon the death of the Executive.

Termination upon Disability and Temporary Reassignment of Duties Due to Disability; Termination upon Death. (i) If the Executive becomes totally and permanently disabled during the Employment Period so that he is unable to perform the essential functions of his obligations hereunder position with or without reasonable accommodation, if any, by reasons involving physical or mental illness or physical injury the Company for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period (“Disability”), then the Company may terminate the Executive’s employment hereunder and the Employment Period may be terminated by the Company within sixty (60) days after the expiration of such ninety (90) day period (whether or not consisting of consecutive days), such . Such termination to shall be effective ten (10) days after written notice to the Executive. In the event the Company shall give a notice of termination under this Section 5(b)(i), then the Company may reassign the Executive’s duties hereunder to another person or other persons. Such reassignment shall not reduce the Company’s obligations hereunder under this Agreement to make salary, bonus and other payments to the Executive and to provide other benefits to him, during the remainder of his employment and, if applicable, following the termination of employment. (ii) During any period that the Executive is totally disabled such that he is unable to perform the essential functions of his obligations hereunder position with or without reasonable accommodation, if any, by reason involving physical or mental illness or physical injurythe Company, as determined by a physician chosen by the Company and reasonably acceptable to the Executive (or his legal representative), the Company may reassign the Executive’s duties hereunder to another person or other persons, provided that if the Executive shall again be able to perform his obligations hereunder duties prior to the Company’s termination of the Executive’s employment hereunder and the Employment Period in accordance with the terms of this Agreementemployment, all such duties shall again be the Executive’s duties. The cost of any examination by such physician shall be borne by the Company. Notwithstanding the foregoing, if the Executive has been unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Periodsuffers from a Disability, then a determination by a physician of disability will not be required prior to any such reassignment. Any such reassignment shall not be a termination of employment and in no event shall such reassignment reduce the Company’s obligation to make salary, bonus and other payments to the Executive and to provide other benefits to him under this Agreement during the remainder of his employment or, if applicable, following a termination of employment. (iii) The Executive’s employment hereunder and the Employment Period shall automatically terminate immediately upon the death of the Executive.

Termination upon Disability and Temporary Reassignment of Duties Due to Disability; Termination upon Death. (i) If the Executive becomes totally and permanently disabled during the Employment Period so that he is unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury (A) for a period of ninety (90) consecutive days during the Employment Period, or (B) for an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period (“"Disability”"), then the Executive’s 's employment hereunder and the Employment Period may be terminated by the Company within sixty (60) days after the expiration of such said ninety (90) day period (whether consecutive or not consisting of consecutive daysin the aggregate, as the case may be), such said termination to be effective ten (10) days after written notice to the Executive. In the event the Company shall give a notice of termination under this Section 5(b)(i), then the Company may reassign the Executive’s 's duties hereunder to another person or other persons. Such reassignment shall not reduce the Company’s 's obligations hereunder to make salary, bonus and other payments to the Executive and to provide other benefits to him, during the remainder of his employment and, if applicable, following the termination of employment. (ii) During any period that the Executive is totally disabled such that he is unable to perform his obligations hereunder by reason involving physical or mental illness or physical injury, as determined by a physician chosen by the Company and reasonably acceptable to the Executive (or his legal representative), the Company may reassign the Executive’s 's duties hereunder to another person or other persons, provided if the Executive shall again be able to perform his obligations hereunder prior to the Company’s 's termination of the Executive’s 's employment hereunder and the Employment Period in accordance with the terms of this Agreement, all such duties shall again be the Executive’s 's duties. The cost of any examination by such physician shall be borne by the Company. Notwithstanding the foregoing, if the Executive has been unable to perform his obligations hereunder by reasons involving physical or mental illness or physical injury for a period of ninety (90) consecutive days during the Employment Period or an aggregate of ninety (90) days (whether or not consecutive) during any period of twelve (12) consecutive months during the Employment Period, then a determination by a physician of disability will not be required prior to any such reassignment. Any such reassignment shall not be a termination of employment and in no event shall such reassignment reduce the Company’s 's obligation to make salary, bonus and other payments to the Executive and to provide other benefits to him under this Agreement during his employment or, if applicable, following a termination of employment. (iii) The Executive’s 's employment hereunder and the Employment Period shall automatically terminate immediately upon the death of the Executive.