Termination Upon Executive’s Death or Disability. Upon Executive’s death or Disability:
Termination Upon Executive’s Death or Disability. In the event of the death or Disability (as defined in this paragraph) of Executive during the Employment Period, the Employment Period shall terminate effective immediately, and, provided such termination is after the Effective Date, the Bank shall pay to Executive (or his representative) in a lump sum, on the Bank’s regular payroll payment date next following the thirty-second (32nd) day after the effective date of termination, Executive’s Accrued Compensation. Provided such termination is after the Effective Date, Executive (or his representative) shall also continue to receive Executive’s prevailing Base Salary (less any disability pay or sick pay benefits to which Executive may be entitled under the Bank’s customary practices and policies) for a period of twelve (12) months following the effective date of termination payable in accordance with the Bank’s normal payroll policies (payment to commence on the Bank’s regular payroll payment date next following the thirty-second (32nd) day after the effective date of such termination, but retroactive to such effective date), and the Bank shall pay to Executive (or his representative) an amount equal to the prorated portion of the Annual Bonus Executive earned with respect to the year immediately preceding the year in which the effective date of termination occurred provided that Executive had been employed by the Bank for at least six (6) months during such calendar year (provided, however, that if the effective date of termination occurs during the second six (6) months of the first year of the Effective Employment Period, the amount payable shall be equal to the maximum Annual Bonus), payable within the time specified in Section 3(B) hereof. The Bank shall also maintain in full force and effect for the continued benefit of Executive (if not deceased) and Executive’s spouse (if any) for a period of twelve (12) months following the effective date of termination all Benefits in which Executive or his spouse were participating immediately prior to the effective date of termination at the level in effect and upon substantially the same terms and conditions (including, without limitation, contributions required by Executive for such Benefits) as existed immediately prior to the effective date of termination (except to the extent that Executive and/or his spouse may be ineligible for one or more such Benefits under applicable plan terms). The term “Disability” as used in this Agreement means physical or mental i...
Termination Upon Executive’s Death or Disability. Executive’s employment hereunder shall terminate immediately upon his death or at such time as he becomes totally disabled within the meaning of FIC’s long-term disability plan, provided Executive or his beneficiary, as applicable, shall be entitled to the additional payments provided for in Paragraph D or Paragraph E of Exhibit A hereto, as applicable, in the event of any such termination prior to December 31, 2006.
Termination Upon Executive’s Death or Disability. (a) If Executive dies during the term of this Agreement, the obligations of the Company to or with respect to Executive shall terminate in their entirety except as otherwise provided in this Section 7.3.
Termination Upon Executive’s Death or Disability. Upon Termination of Executive’s employment due to Executive’s death pursuant to 8(a)(i) hereof or Disability pursuant or 8(a)(ii) hereof, Executive shall receive a lump sum cash payment equal to the sum of (1) any Base Salary payable through the date of termination (including any accrued and unpaid Base Salary) and any Earned Bonus which remains unpaid as of the date of termination; and (2) an amount equal to 75% of the Executive's Base Salary in effect at the time of his termination.
Termination Upon Executive’s Death or Disability. Upon Termination of Executive’s employment due to Executive’s death pursuant to 8(a)(i) hereof or Disability pursuant or 8(a)(ii) hereof,
Termination Upon Executive’s Death or Disability. (a) Upon Executive’s death or the termination of Executive’s employment due to Disability (as defined in the 2004 Incentive Stock Plan), Executive, or Executive’s estate or beneficiaries in the case of the death of Executive, shall have no right to receive any compensation or benefit hereunder on and after the effective date of the termination of employment, except for the following:
Termination Upon Executive’s Death or Disability. Disability shall mean the inability of Executive to perform the services required to be rendered by him or her during the Employment Period for a period of one hundred eighty (180) days during any twelve-month period (“Disability”).
Termination Upon Executive’s Death or Disability. If there is a termination for death, no notice shall be required. If there is a termination for Disability, the party seeking termination shall provide notice of termination. In the event there is a dispute between the parties concerning the reason for the termination or the basis for a claim, either party shall have sixty (60) days from the event which gives rise to the claim to initiate the binding arbitration procedures contained in Section 19. Notwithstanding the authority of the arbitrator to hear and decide disputes concerning other employment matters, with respect to claims of Cause or Termination Based on Actions Taken by the Company, the arbitrator’s decision shall be limited to determining whether Cause or Termination Based on Actions Taken by the Company exists. Thereafter, the obligations of the parties to each other shall be determined by applying the decision of the arbitrator in accordance with Section 7(c) herein. In the event the Company does not prevail in any such proceeding initiated by it for Cause, Executive’s termination shall be deemed to be Termination Based on Actions Taken by the Company. In the event Executive does not prevail in any such proceeding initiated by him or her as a Termination Based on Actions Taken by the Company, Executive shall be considered to have voluntarily terminated employment other than for Termination Based on Actions Taken by the Company, and his or her rights under this Agreement shall be determined as if he or she had been terminated by the Company for Cause.
Termination Upon Executive’s Death or Disability. (a) In the event Executive becomes “Disabled” as defined herein, the Company or Executive will have the right, to the extent permitted by law, to terminate the employment of Executive upon at least ninety (90) days’ prior written notice to the other party, provided that the Company will not have the right to terminate Executive’s employment in accordance with this Section 4.1(b) if, (i) in the opinion of a qualified physician reasonably acceptable to both parties, it is reasonably certain that Executive will be able to resume his duties on a regular full-time basis within one hundred eighty (180) days of the date that the notice of such termination is delivered, and (ii) upon the expiration of such one hundred eighty (180) day period, Executive has resumed his duties on a regular full-time basis. For purposes of this Agreement, the terms “Disabled” or “
