Common use of Upon Death or Disability of the Executive Clause in Contracts

Upon Death or Disability of the Executive. (i) During the Employment Period, if the Executive’s employment is terminated due to death, the Executive’s estate shall be entitled to receive the Base Salary set forth in Section 3 accrued through the date of death and any target annual incentive award for the year in which Executive’s employment is terminated; provided, that, such target annual incentive award shall be paid on the first day of the month coincident with or first following the thirtieth (30th) day following the date Executive’s employment is terminated. (ii) During the Employment Period, if the Executive’s employment is terminated pursuant to Section 6(b) due to Disability, the Executive shall be entitled to receive the Base Salary set forth in Section 3 accrued through the date of termination and any target annual incentive award for the year in which Executive’s employment is terminated; provided, that, such target annual incentive award shall be paid on the first day of the month coincident with or first following the thirtieth (30th) day following the date Executive’s employment is terminated. (iii) In the case of the Executive’s death or termination due to Disability, a surviving spouse of the Executive or the Executive, as applicable, shall be eligible for continuation of family health benefits pursuant to Section 3(c) subject to compliance with plan provisions at the active Executive rate for an eighteen month period after the date of the Executive’s death or termination due to Disability, as applicable (“Extended Health Benefits”); provided, however, that (A) such benefit continuation coverage shall be considered part of the benefit continuation coverage which the surviving spouse or Executive, as applicable, is entitled to receive under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), and (B) the surviving spouse or the Executive, as applicable, timely elects COBRA coverage. (iv) In the event that Executive’s employment is terminated pursuant to Section 6(b) due to Disability, it shall be a condition precedent of receipt of Extended Health Benefits pursuant to Section 7(a)(iii) that: (A) within thirty (30) days following the date of termination Executive executes (and then with all revocation periods expired) a full and complete release of Argo Group in the form attached as Exhibit A (the “Release”); and (B) the Executive remains in full compliance with Section 8. For clarity, if Executive revokes the Release or breaches any of his obligations under Section 8, Company, in addition to all other remedies set forth in this Agreement, will have no further obligation to provide the Extended Health Benefits.

Upon Death or Disability of the Executive. (i) During the Employment Period, if the Executive’s employment is terminated due to death, the Executive’s estate shall be entitled to receive (A) the Base Salary set forth in Section 3 accrued through the date Executive’s employment is terminated, (B) any amounts owing to Executive for reimbursement of death expenses properly incurred by Executive prior to the date Executive’s employment is terminated and which are reimbursable in accordance with Section 5, (C) any other vested accrued benefits of Executive under the plans, programs and arrangements of the Company (items (A), (B) and (C), collectively, the “Accrued Benefits”), (D) any earned but unpaid annual cash incentive award for the year preceding the year in which Executive’s employment is terminated, and (E) any target annual cash incentive award for the year in which Executive’s employment is terminated; provided, that, such target annual cash incentive award shall be paid on the first day of the month coincident with or first following the thirtieth (30th) day following the date Executive’s employment is terminated. (ii) During the Employment Period, if the Executive’s employment is terminated pursuant to Section 6(b) due to Disability, the Executive shall be entitled to receive (A) the Base Salary set forth Accrued Benefits, (B) any earned but unpaid annual cash incentive award for the year preceding the year in Section 3 accrued through the date of termination which Executive’s employment is terminated, and (C) any target annual cash incentive award for the year in which Executive’s employment is terminated; provided, that, such target annual cash incentive award shall be paid on the first day of the month coincident with or first following the thirtieth (30th) day following the date Executive’s employment is terminated. (iii) In the case of the Executive’s death or termination due to Disability, a surviving spouse of the Executive or the Executive, as applicable, shall be eligible for continuation of family health benefits pursuant to Section 3(c) subject to compliance with plan provisions at the active Executive rate for an eighteen month period after the date of the Executive’s death or termination due to Disability, as applicable (“Extended Health Benefits”); provided, however, that (A) such benefit continuation coverage shall be considered part of the benefit continuation coverage which the surviving spouse or Executive, as applicable, is entitled to receive under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), and (B) the surviving spouse or the Executive, as applicable, timely elects COBRA coverage. (iv) In the event that Executive’s employment is terminated pursuant to Section 6(b) due to Disability, it shall be a condition precedent of receipt of Extended Health Benefits pursuant to Section 7(a)(iii) that: (A) within thirty ninety (3090) days following the date of termination Executive (or his legal representative, if applicable) executes (and then with all revocation periods expired) a full and complete release of Argo Group in the form attached as Exhibit A (the “Release”); and (B) the Executive remains in full compliance with Section 8. For clarity, if Executive revokes the Release or breaches any of his obligations under Section 8, the Company, in addition to all other remedies set forth in this Agreement, will have no further obligation to provide the Extended Health BenefitsBenefits other than as required by COBRA.

Upon Death or Disability of the Executive. (i) During the Employment Period, if the Executive’s employment is terminated due to death, the Executive’s estate shall be entitled to receive (A) the Base Salary set forth in Section 3 accrued through the date Executive’s employment is terminated, (B) any amounts owing to Executive for reimbursement of death expenses properly incurred by Executive prior to the date Executive’s employment is terminated and which are reimbursable in accordance with Section 5, (C) any other vested accrued benefits of Executive under the plans, programs and arrangements of the Company (items (A), (B) and (C), collectively, the “Accrued Benefits”), (D) any earned but unpaid annual cash incentive award for the year preceding the year in which Executive’s employment is terminated, and (E) any target annual cash incentive award for the year in which Executive’s employment is terminated; provided, that, such target annual cash incentive award shall be paid on the first day of the month coincident with or first following the thirtieth (30th) day following the date Executive’s employment is terminated. (ii) During the Employment Period, if the Executive’s employment is terminated pursuant to Section 6(b) due to Disability, the Executive shall be entitled to receive (A) the Base Salary set forth Accrued Benefits, (B) any earned but unpaid annual cash incentive award for the year preceding the year in Section 3 accrued through the date of termination which Executive’s employment is terminated, and (C) any target annual cash incentive award for the year in which Executive’s employment is terminated; provided, that, such target annual cash incentive award shall be paid on the first day of the month coincident with or first following the thirtieth (30th) day following the date Executive’s employment is terminated. (iii) In the case of the Executive’s death or termination due to Disability, a surviving spouse of the Executive or the Executive, as applicable, shall be eligible for continuation of family health benefits pursuant to Section 3(c) subject to compliance with plan provisions at the active Executive rate for an eighteen month period after the date of the Executive’s death or termination due to Disability, as applicable (“Extended Health Benefits”); provided, however, that (A) such benefit continuation coverage shall be considered part of the benefit continuation coverage which the surviving spouse or Executive, as applicable, is entitled to receive under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), and (B) the surviving spouse or the Executive, as applicable, timely elects COBRA coverage. (iv) In the event that Executive’s employment is terminated pursuant to Section 6(b) due to Disability, it shall be a condition precedent of receipt of Extended Health Benefits pursuant to Section 7(a)(iii) that: (A) within thirty (3090) days following the date of termination Executive (or his legal representative, if applicable) executes (and then with all revocation periods expired) a full and complete release of Argo Group in the form attached as Exhibit A (the “Release”); and (B) the Executive remains in full compliance with Section 8. For clarity, if Executive revokes the Release or breaches any of his obligations under Section 8, the Company, in addition to all other remedies set forth in this Agreement, will have no further obligation to provide the Extended Health BenefitsBenefits other than as required by COBRA.