Common use of Termination Without Cause or for Disability; Constructive Termination Clause in Contracts

Termination Without Cause or for Disability; Constructive Termination. In the event that the Employment of Employee is terminated by Employers without Cause pursuant to Section 3(c) above, or as a result of the total disability of Employee or by Employee as a Constructive Termination pursuant to Section 3(a) and 3(d) above, respectively, Employee hereby agrees that during the period that Employee accepts payments from the Employers pursuant to a disability plan sponsored by Employers pursuant to Section 2(c) and 4(b) above or payments pursuant to Section 4(d) above, as applicable, neither he nor any affiliate shall, either in his own behalf or as a partner, officer, director, employee, agent or shareholder (other than as the holder of less than 5% of the outstanding capital stock of any, corporation with a class of equity security registered under Section 12(b) or Section 12(g) of the Securities Exchange Act of 1934, as amended) engage in, invest in or render services to any person or entity engaged in the businesses in which Employers or any subsidiary of Employers is then engaged and situated within any country. Nothing contained in this Section 8(b) shall be construed as restricting the Employee’s right to sell or otherwise dispose of any business or investments owned or operated by Employee as of the date hereof.

Termination Without Cause or for Disability; Constructive Termination. In the event that the Employment of Employee is terminated by Employers without Cause pursuant to Section 3(c) above, or as a result of the total disability of Employee or by Employee as a Constructive Termination pursuant to Section 3(a) and 3(d) above, respectively, Employee hereby agrees that during the period that Employee accepts payments from the Employers pursuant to a disability plan sponsored by Employers pursuant to Section 2(c) and 4(b) above or payments pursuant to Section 4(d) above, as applicable, neither he nor any affiliate shall, either in his own behalf or as a partner, officer, director, member, manager, employee, agent or shareholder (other than as the holder of less than 5% of the outstanding capital stock of any, corporation with a class of equity security registered under Section 12(b) or Section 12(g) of the Securities Exchange Act of 1934, as amended) engage in, invest in or render services to any person or entity engaged in the businesses in which Employers or any subsidiary of Employers is then engaged and situated within any country. Nothing contained in this Section 8(b) shall be construed as restricting the Employee’s right to sell or otherwise dispose of any business or investments owned or operated by Employee as of the date hereof.