Upon Executive’s death. In the event of the Executive's death, the Company shall pay to the Executive's estate (1) any unpaid amount of Base Compensation through the date of death at the then effective Base Compensation rate plus (2) the amount of any Incentive Bonus Compensation earned and unpaid with respect to any previous Fiscal Year, which shall become immediately payable without regard to the time of delivery of the Company's annual audited financial statements, plus (3) an amount equal to the pro-rata share of any Incentive Bonus Compensation calculated with respect to the Fiscal Year in which the death occurs, and which shall be immediately payable assuming for purposes of calculating the amounts due, the largest amount of Incentive Bonus Compensation accrued for any of the two most recently completed Fiscal Years (but otherwise as though such Termination had not occurred). All previously granted stock options, rights, warrants and awards shall fully vest on the death of the Executive, except that the provisions of the Company's Stock Incentive Plan and any other Benefit Plan shall control the benefits and awards covered thereby.
Upon Executive’s death. (b) Disability Upon Executive becoming “Permanently Disabled”, which, for purposes of this Agreement, shall mean Executive’s incapacity due to physical or mental illness or cause, which results in the Executive being unable to perform his duties on a full-time basis for 6 consecutive months in a period of 12 months.
Upon Executive’s death. Upon the termination of this Agreement, Executive shall be entitled to payment of compensation that is earned but unpaid for services rendered by Executive as of the date of termination of this Agreement. In addition, Executive shall be entitled to Separation Pay to the extent expressly set forth in Exhibit A to this Agreement, which pay shall become due and owing according to the schedule set forth in Exhibit A. However, Executive shall not be entitled to any compensation for services not yet performed, including services which could have been performed but for the termination of this Agreement. At the discretion of Employer, Employer may (a) require that Executive continue to perform his duties during the period between notice pursuant to Section 3(a) of this Agreement and the resulting termination of this Agreement, or (b) relieve Executive of his duties during such period (while continuing to provide compensation and benefits in accordance with this Agreement).
Upon Executive’s death. 3.2.2 Subject to applicable law, upon notice to Executive by the Company in the event of Executive’s disability. For purposes hereof, Executive shall be considered to be disabled if he has been, or if it is apparent to a reasonable degree of medical certainty that he will be, unable to perform the regular duties of his employment hereunder for a continuous period of ninety (90) days by reason of physical or mental illness or incapacity. If there is any dispute as to whether Executive is or was disabled, such question shall be submitted to a licensed physician reasonably designated by the Company and reasonably acceptable to Executive, and the determination of such physician shall be conclusive. Executive shall submit to such examinations and provide such information as any such physician may reasonably request.
Upon Executive’s death. Executive’s employment and this Agreement will be deemed terminated upon the death of the Executive. In the event of such termination, the only compensation payable to Executive shall be his base salary earned, and any installment of his Vesting Retention Bonus vested under Section 3.04, as of the effective date of his termination; provided, however, that Executive’s estate may, as the Compensation Committee may in its discretion determine, receive a pro-rated or other portion of any bonus to which Executive was otherwise eligible under Section 3.02.
