Termination upon Executive’s Disability Clause Samples

Termination upon Executive’s Disability. Subject to any state or federal law or regulation governing employees with disabilities, the Company may terminate this Agreement upon the Disability of Executive. For purposes of this Agreement, "Disability" shall mean that Executive, due to illness, accident, or other physical or mental incapacity, has been substantially unable to perform the duties required of his/her under this Agreement, either with or without reasonable assistance, for a continuous period of more than three months.

Termination upon Executive’s Disability. If Executive’s employment is terminated by reason of Disability, then: (i) Company shall pay to Executive (A) any accrued, but unpaid, Base Salary and vacation pay through the Termination Date, payable in accordance with the usual payroll practices of the Company, (B) any Annual Bonus that is determined to have otherwise been earned with respect to the fiscal year in which termination occurs (the “Termination Year”), payable in accordance with the Company’s usual bonus payment schedule, (C) continued Base Salary and Continued Benefits (as defined below) until the earlier of (i) six months following the Termination Date or (ii) the date on which Executive becomes entitled to long-term disability benefits under the applicable plan or program of the Company, payable, in the case of Base Salary, in accordance with the usual payroll policies of the Company, and (D) the portion of the Retention Bonus that is earned but unpaid through the Termination Date, to the extent not already paid in accordance with Section 4(f) above, payable within thirty (30) days of the Termination Date.

Termination upon Executive’s Disability. If Executive’s employment is terminated by reason of Disability, then: (i) Company shall pay to Executive (A) any accrued, but unpaid, Base Salary and vacation pay through the Termination Date, (B) any Annual Bonus that is determined to have otherwise been earned with respect to the fiscal year in which termination occurs (the “Termination Year”), payable in accordance with the Company’s usual bonus payment schedule, (C) continued Base Salary and Continued Benefits (as defined below) for the longer of (i) six months following the Termination Date or (ii) the date on which Executive becomes entitled to long-term disability benefits under the applicable plan or program of the Company, payable in accordance with the usual payroll policies of the Company, and (D) the Retention Bonus, to the extent not already paid in accordance with Section 4(h) above.

Termination upon Executive’s Disability. Notwithstanding the previous provisions of Section 3 of this Agreement, this Agreement shall terminate automatically upon Executive’s Disability and Executive’s rights under this Agreement shall cease as of the date of such termination without further compensation due Executive, provided, however, that Executive shall be entitled to receive his Accrued Benefits. For purposes of this Agreement, the term “Disability” shall have the same meaning as under the long term disability plan or policy maintained by Corporation. If, for any reason, Corporation does not maintain such plan or policy, then “Disability” shall mean the inability or incapacity (by reason of a medically determinable physical or mental impairment) of Executive to perform the duties and responsibilities related to the job or position with Corporation described in Section 2 for a period that lasts, or can reasonably be expected to last, more than one hundred and eighty (180) days.

Termination upon Executive’s Disability. If the Executive, by virtue of ill health or other disability, is unable to perform substantially and continuously the duties assigned to her on a full-time basis for a period in excess of ninety (90) days in any twelve-month period, the Company shall have the right to terminate this Agreement by giving written notice to the Executive. In the event of such termination, the Executive shall be entitled to receive any annual salary, bonus and other benefits, including, without limitation, unused vacation earned and accrued prior to the date of termination, and reimbursement for expenses incurred prior to the date of termination, subject to Section 5(g) above. This right to terminate Executive’s employment due to her unavailability shall be subject to the overriding obligations of the Company under the Americans with Disabilities Act, and, if applicable, similar state and local laws.

Termination upon Executive’s Disability. The employment of the Executive shall be terminated by Disability of the Executive. Disability shall mean a condition or impairment affecting Executive and rendering Executive disabled within the meaning of the Company’s then applicable disability policy covering Executive.

Termination upon Executive’s Disability. If Executive's employment is terminated by reason of disability, then SSP Partners shall pay Executive, in a lump sum as soon as practicable following the Date of Termination, (A) his accrued but unpaid Base Salary and bonus through the Date of Termination, (B) accrued vacation pay through the Date of Termination and (C) a pro-rata portion of his target bonus for the year in which the termination of employment occurs; and

Termination upon Executive’s Disability. Either party may terminate the employment of Executive pursuant to this Agreement in the event that Executive suffers a Disability as defined in Section 3.0 hereof. Such termination shall take effect upon the termination date specified in a written notice delivered by the terminating party to the other party. In the event the Employment Period is terminated in accordance with this Section 5.6, Executive shall be paid during the next three years following such termination of employment, an amount equal to the amount of his Base Salary at the rate in effect immediately prior to the giving of such termination notice less any disability benefits and Social Security payments received by Executive during such period (payable in accordance with the Company's payroll practices, less appropriate deductions for applicable taxes). The SERP Amount shall be payable, if at all, in accordance with the provisions of Section 2.5 hereof.

Termination upon Executive’s Disability. This Agreement shall ------------------------------------------ terminate in the event Executive suffers a Disability as defined hereinafter, provided that the Executive shall be entitled to the continuation of Salary provided in Section 7(e) hereof and incentive compensation earned by Executive under the executive bonus plan for a prior calendar year but unpaid by the Company as of the date of such Disability.