Upon Termination by Reason of Disability Sample Clauses

Upon Termination by Reason of Disability. If Executive’s employment under this Agreement is terminated by Curbline pursuant to Section 6.1 during the Contract Period while Executive is employed by Curbline TRS following Executive’s disability, Curbline will pay and provide to Executive and Executive’s eligible dependents (or cause payment and provision to Executive and Executive’s eligible dependents of), as appropriate, the amounts and benefits specified in this Section 7.4, except that Curbline will not be obligated to pay (or provide for payment of) the lump sum amounts specified in Section 7.4 (c) and (d) unless either (x) Curbline is deemed to have waived its right to present and require a Release as provided in Section 8.2 or (y) Executive (or in the event of Executive’s legal incapacity, Executive’s personal representative) has timely executed a Release as contemplated by Section 8.3. The amounts and benefits specified in this Section 7.4 are as follows: (a) A lump sum amount equal to Executive’s Base Salary and any accrued but unused paid time off for the year through the Termination Date, to the extent not already paid in accordance with applicable policy. Curbline will pay (or cause payment of) this amount to Executive within 30 days of the Termination Date. (b) A lump sum amount equal to Executive’s Annual Bonus (or 2024 Bonus, if applicable) earned for the calendar year immediately preceding the calendar year in which the Termination Date occurs, to the extent not already paid. Curbline will pay (or cause payment of) this amount to Executive on the same date and in the same amount that the Annual Bonus (or 2024 Bonus, if applicable) for such year would have been paid if Executive’s employment had not been terminated, but in any event not later than March 15 of the calendar year in which the Termination Date occurs. (c) A lump sum amount equal in value to Executive’s Annual Bonus (or 2024 Bonus, if applicable, and to the extent unpaid) that would have been earned for the calendar year in which the Termination Date occurs at the “Target” level, pro-rated based on the number of days that Executive is employed by Curbline TRS during the applicable performance period. Subject to Section 13.1, Curbline will pay (or cause payment of) this amount to Executive as soon as practicable (but no later than 74 days) following the Termination Date. (d) A lump sum in cash in an amount equal to the product of (i) 18 multiplied by (ii) the sum of (A) the monthly premium (both the employee and the employe...
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Upon Termination by Reason of Disability. If Executive’s employment under this Agreement is terminated by DDR pursuant to Section 6.1 during the Contract Period following Executive’s disability, DDR will pay and provide to Executive and Executive’s eligible dependents, as appropriate, the amounts and benefits specified in this Section 7.4. The amounts and benefits specified in this Section 7.4 are as follows: (a) A lump sum amount equal to Executive’s Base Salary for the year through the Termination Date, to the extent not already paid. DDR will pay this amount to Executive within 30 days of the Termination Date. (b) A lump sum amount equal to Executive’s Annual Bonus earned for the calendar year immediately preceding the calendar year in which the Termination Date occurs, to the extent not already paid. DDR will pay this amount to Executive on the same date and in the same amount that the Annual Bonus for such year would have been paid if Executive’s employment had not been terminated, but in any event not later than March 15 of the calendar year in which the Termination Date occurs. (c) A lump sum amount equal to Executive’s Annual Bonus for the calendar year in which the Termination Date occurs at the “target” level, pro-rated based on the number of days that elapse between January 1 of such year and the Termination Date. Subject to Section 13.1, DDR will pay this amount to Executive within 30 days of the Termination Date. (d) A lump sum equal to the amount described in, and calculated pursuant to, Section 7.2(d). Except as otherwise provided in Section 13.2, DDR will pay this amount to Executive during the Seventh Month after the Termination Date (as defined in Section 13.1 below). (e) A lump sum in cash in an amount equal to the product of (i) 12 multiplied by (ii) the sum of (A) the monthly COBRA premium for health, dental and vision insurance benefits but only if Executive timely elects continuation coverage under DDR’s health, dental and vision plans pursuant to COBRA, plus (B) the employer portion of the monthly premium for other DDR provided insurance (e.g., life, disability, etc.) in effect for Executive as of the Termination Date. Such payments shall be taxable to Executive. DDR will pay this amount to Executive during the Seventh Month after the Termination Date.
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Upon Termination by Reason of Disability. If Wolstein’s employment under this Agreement is terminated by DDR pursuant to Section 7.2 following Wolstein’s disability, DDR will pay and provide to Wolstein and his family, as appropriate, the amounts and benefits specified in this Section 8.4, except that DDR will not be obligated to pay the lump sum amounts specified in either of Sections 8.4(c) or 8.4(d) unless either (x) DDR is deemed to have waived the obligation to provide a Releases as provided in Section 10.2 or (y) Wolstein (or his personal representative) has timely executed a Release as contemplated by Section 10.3. The amounts and benefits specified in this Section 8.4 are as follows: (a) Wolstein’s Base Salary through the Termination Date, to the extent not already paid. DDR will pay this amount to Wolstein within 30 days of the Termination Date. (b) The amount of the Annual Bonus with respect to the immediately preceding calendar year, to the extent not already paid. DDR will pay this amount to Wolstein on the same date and in the same amount that the Annual Bonus for that year would have been paid if Wolstein’s employment had not been terminated, but in any event not later than March 15 of the current year. (c) A lump sum amount equal to two times Wolstein’s Base Salary in effect on the Termination Date. DDR will pay this amount to Wolstein during the Seventh Month after the Termination Date. (d) A lump sum amount payable entirely in cash and equal to a pro rata portion of the entire Annual Bonus with respect to the calendar year in which Wolstein’s employment is terminated by DDR pursuant to Section 7.2 following Wolstein’s disability. For purposes of determining this lump sum amount, the entire Annual Bonus with respect to the calendar year in which the Termination Date occurs will be calculated as follows: (i) for any applicable performance metrics with specific quantifiable targets, achievement of such targets will be evaluated based on actual results for the entire calendar year in which the Termination Date occurs; and (ii) for any applicable discretionary or other metrics, Wolstein’s performance will be evaluated based on his individual performance during the portion of such calendar year ending on the Termination Date. The pro rata portion of the entire Annual Bonus (calculated in the manner described in the immediately preceding sentence) will be based on the number of days in the portion of the calendar year ending on the Termination Date as compared to the number of days in th...
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Upon Termination by Reason of Disability. If Executive’s employment under this Agreement is terminated by DDR pursuant to Section 7.1 during the Contract Period following Executive’s disability, DDR will pay and provide to Executive and Executive’s eligible dependents, as appropriate, the amounts and benefits specified in this Section 8.4. The amounts and benefits specified in this Section 8.4 are as follows: (a) A lump sum amount equal to Executive’s Base Salary and any accrued but unused paid time off for the year through the Termination Date, to the extent not already paid in accordance with DDR policy. DDR will pay this amount to Executive within 30 days of the Termination Date. (b) A lump sum amount equal to Executive’s Annual Bonus earned for the calendar year immediately preceding the calendar year in which the Termination Date occurs, to the extent not already paid. DDR will pay this amount to Executive on the same date and in the same amount that the Annual Bonus for such year would have been paid if Executive’s employment had not been terminated, but in any event not later than March 15 of the calendar year in which the Termination Date occurs. (c) A lump sum amount equal in value to Executive’s Annual Bonus that would have been earned for the calendar year in which the Termination Date occurs at the “Target” level, pro-rated based on the number of days that Executive is employed by DDR during the applicable performance period. Subject to Section 14.1, DDR will pay this amount to Executive within 30 days of the Termination Date.
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Upon Termination by Reason of Disability. If Executive’s employment under this Agreement is terminated following Executive’s disability, the Company will pay, or cause to be paid to Executive or his family, as appropriate, the amounts and benefits as follows: (i) Fifty percent (50%) of Executive’s Senior Advisor Salary payable to Executive for the entire Term, to the extent not already paid. The Company will pay such amount to Executive or his family, as appropriate, within thirty (30) days of the Termination Date. (ii) Continuing benefits at the levels specified in Section 3(e) of this Agreement through the first anniversary of the Termination Date. (iii) All Other Benefits owing to Executive shall be paid to Executive in accordance with the terms of the Other Benefit Programs.
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Upon Termination by Reason of Disability. If Executive’s employment under this Agreement is terminated by DDR pursuant to Section 6.1 during the Contract Period following Executive’s disability, DDR will pay and provide to Executive and Executive’s eligible dependents, as appropriate, the amounts and benefits specified in this Section 7.4. The amounts and benefits specified in this Section 7.4 are as follows: (a) A lump sum amount equal to Executive’s Base Salary for the year through the Termination Date, to the extent not already paid. DDR will pay this amount to Executive within 30 days of the Termination Date. (b) A lump sum amount equal to Executive’s Annual Bonus earned for the calendar year immediately preceding the calendar year in which the Termination Date occurs, to the extent not already paid. DDR will pay this amount to Executive on the same date and in the same amount that the Annual Bonus for such year would have been paid if Executive’s employment had not been terminated, but in any event not later than March 15 of the calendar year in which the Termination Date occurs. (c) A lump sum amount equal to (i) Executive’s Base Salary for one year as of the Termination Date, plus (ii) the Annual Bonus for Executive at the target level for the year in which the Termination Date occurs. Except as otherwise provided in Section 13.2, DDR will pay this amount to Executive during the Seventh Month after the Termination Date (as defined in Section 13.1 below). (d) Continuing health, dental and vision insurance coverage and benefits to Executive and Executive’s eligible dependents at the levels specified in Section 4.2 until the first anniversary of the Termination Date. To assure compliance with Section 409A, the timing of the provision of these benefits will be subject to Sections 13.1 and 13.3 if and to the extent either of those sections is applicable according to its terms.
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Upon Termination by Reason of Disability. If Xxxxxxx’x employment under this Agreement is terminated by the Board pursuant to Section 6.1 during the Contract Period following Xxxxxxx’x disability, DDR will pay and provide to Xxxxxxx and his eligible dependents, as appropriate, the amounts and benefits specified in this Section 7.4. The amounts and benefits specified in this Section 7.4 are as follows: (a) A lump sum amount equal to Xxxxxxx’x Base Salary through the Termination Date, to the extent not already paid. DDR will pay this amount to Xxxxxxx within 30 days of the Termination Date. (b) A lump sum amount equal to Xxxxxxx’x Annual Cash Bonus earned for the immediately preceding calendar year, to the extent not already paid. DDR will pay this amount to Xxxxxxx on the same date and in the same amount that the Annual Cash Bonus for such year would have been paid if Xxxxxxx’x employment had not been terminated, but in any event not later than March 15 of the current year. (c) Continuing medical, hospitalization, vision, and dental insurance to Xxxxxxx and his eligible dependents at the levels specified in Section 4.2 through the earlier of (i) the first anniversary of the Termination Date and (ii) the end of the Contract Period. To assure compliance with Section 409A, the timing of the provision of these benefits will be subject to Sections 13.1 and 13.3 if and to the extent either of those sections is applicable according to its terms.
Sample 1
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Upon Termination by Reason of Disability. If Wolstein’s employment under this Agreement is terminated by the Board pursuant to Section 7.1 during the Contract Period following Wolstein’s disability, DDR will pay and provide to Wolstein and his eligible dependents, as appropriate, the amounts and benefits specified in this Section 8.4. The amounts and benefits specified in this Section 8.4 are as follows: (a) A lump sum amount equal to Wolstein’s Base Salary through the Termination Date, to the extent not already paid. DDR will pay this amount to Wolstein within 30 days of the Termination Date. (b) A lump sum amount equal to Wolstein’s Annual Cash Bonus earned for the immediately preceding calendar year, to the extent not already paid. DDR will pay this amount to Wolstein on the same date and in the same amount that the Annual Cash Bonus for such year would have been paid if Wolstein’s employment had not been terminated, but in any event not later than March 15 of the current year. (c) Continuing medical, hospitalization, vision, and dental insurance to Wolstein and his eligible dependents at the levels specified in Section 5.2 through the earlier of (i) the first anniversary of the Termination Date and (ii) the end of the Contract Period. To assure compliance with Section 409A, the timing of the provision of these benefits will be subject to Sections 15.1 and 15.3 if and to the extent either of those sections is applicable according to its terms.
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Related to Upon Termination by Reason of Disability

  • Termination by Reason of Disability If the Optionee’s employment by the Company terminates by reason of Disability, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination (after giving effect to any acceleration of vesting provided for in Section 2 above), by the Optionee or personal representative or guardian of the Optionee, as applicable, for a period of three (3) years from the date of such termination of employment or until the expiration of the Term of the Option, whichever period is the shorter.

  • Termination by Disability In the event the employment of the Optionee is terminated by reason of Disability, the Option shall become immediately and fully exercisable as of the date the Committee determines the Optionee terminated for Disability and shall remain exercisable at any time prior to the end of the Exercise Term, or for one (1) year after the date of termination, whichever period is shorter.

  • Termination by Reason of Death or Disability A Termination of the Employee’s employment by reason of death or Disability shall not be deemed to be a Termination by the Company (for or without Cause) or by the Employee (for or without Good Reason). In the event that the Employee’s employment with the Company Terminates as a result of the Employee’s death or Disability, the Employee or the Employee’s estate or representative, as applicable, will receive all accrued salary and accrued vacation as of the date of the Employee’s death or Disability and any other benefits payable under the Company’s then existing benefit plans and policies in accordance with such plans and policies in effect on the date of death or Disability and in accordance with applicable law. In addition, the Employee or the Employee’s estate or representative, as applicable, will receive the bonus for the year in which the death or Disability occurs to the extent that a bonus would have been earned had the Employee continued in employment through the end of such year, as determined in good faith by the Company’s CEO, Board of Directors or its Compensation Committee based on the specific corporate and individual performance targets established for such fiscal year, and only to the extent that bonuses are paid for such fiscal year to other similarly situated employees.

  • Termination by Reason of Death If the Optionee ceases to be a Director by reason of the Optionee’s death, any portion of this Stock Option outstanding on such date may be exercised by his or her legal representative or legatee for a period of 12 months from the date of death or until the Expiration Date, if earlier.

  • Termination by Death or Disability In the event of the Executive’s death or total disability (as defined in Section 22(e)(3) of the Internal Revenue Code of 1986, as amended) during the Term, the Term and Executive’s employment shall terminate on the date of death or total disability. In the event of such termination, the Company’s sole obligations hereunder to the Executive (or the Executive’s estate) shall be for unpaid Base Salary, accrued but unpaid bonus and benefits (then owed or accrued and owed in the future), a pro-rata bonus for the year of termination based on the Executive’s target bonus for such year and the portion of such year in which the Executive was employed, and reimbursement of expenses pursuant to the terms hereon through the effective date of termination, each of which shall be paid within 10 days following the date of the Executive’s termination, and any unvested portion of any Equity Grants shall immediately be forfeited as of the termination date without any further action of the Parties.

  • Definition of Disability For purposes of this Agreement, “Disability” (and any of its forms) means that, for more than six consecutive months, the Executive is unable, with reasonable accommodation, to perform the duties described in Section 4.01 on a full-time basis due to a physical or mental disability or infirmity.

  • Termination by You You may cancel your acceptance of this Contract by delivering notice to XOOM by way of mail, fax, e-mail or by personal delivery, in the following circumstances: a. without cost or penalty for any reason within ten (10) days after a copy of this Contract, signed by you as a written agreement or acknowledged online over the internet, is received by us; b. without cost or penalty within ten (10) days after you receive a copy of this Contract, if you entered into this Contract during a Recorded Call; c. without penalty within sixty (60) days after the date you receive your first bill from us if this Contract was entered into during a Recorded Call, provided that you will still be required to pay for any Energy consumed while under this Contract with us; d. without cost or penalty if another marketing contract presently exists for the supply of Energy to your Site (except where the existing marketing contract is to expire on or before the start of this Contract); or e. without penalty within one (1) year from the date this Contract is entered into if we (i) do not set out in this Contract a specified or ascertainable date on which the supply of Energy services is to begin; (ii) do not begin the supply of Energy within thirty (30) days of the specified or ascertainable start date on which the supply of Energy is to being (unless you expressly authorize the late start); or (iii) were not properly licensed by the Government of Alberta when we entered into this Contract, provided that you will still be required to pay for any Energy consumed while under this Contract with us. Notwithstanding the above, you may otherwise terminate this Contract without penalty for any other reason at any time on thirty (30) days notice. To provide notice of termination to XOOM Energy Canada, ULC, please use one of the following addresses: Address: 00000 Xxxxxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxxxxxx, XX 00000 Email: xxxxxxxxxxxx@xxxxxxxxxx.xx Fax: 000-000-0000 Please read the entirety of this Section 4 to understand the terms and conditions with respect to termination.

  • Termination by Death If the Executive dies during the Employment Term, the Executive’s employment will terminate and the Executive’s beneficiary or if none, the Executive’s estate, shall be entitled to receive from the Company, the Executive’s accrued, but unpaid, Base Salary through the date of termination of employment and any vested benefits under any Employee Plan in accordance with the terms of such Employee Plan and applicable law.

  • Good Reason Termination Good Reason Termination means a Termination of Employment initiated by Participant that is related to one or more conditions described in subsection (a), and that is subject to the timing, notice and remedy provisions of subsection (b):

  • Compensation Upon Termination or During Disability (i) During any period in which the Executive fails to perform his duties as a result of incapacity due to physical or mental illness, he shall continue to receive his full base salary at the rate then in effect until his employment is terminated pursuant to paragraph 3(i) hereof. Thereafter, his benefits, if any, shall be determined in accordance with whatever disability income insurance plan or plans the Corporation may then have in effect; provided, however, that, if at the time Disability of the Executive is established the disability benefits then available are less advantageous to the Executive than the disability benefits which were available on the date the Change in Control became effective, then his termination of employment by the Corporation shall be deemed to have occurred as a voluntary termination for Good Reason under paragraph 3(iii) hereof and not by reason of Disability, and the provisions of paragraph 4(iii) hereof shall apply in lieu of the provisions of this paragraph 4(i). (ii) If the Executive’s employment shall be terminated for Cause or if the Executive’s employment is terminated by the Executive without Good Reason, the Corporation shall pay to him his full base salary through the Date of Termination at the rate in effect at the time Notice of Termination is given and the Corporation shall have no further obligations to the Executive under this Agreement. (iii) If the Corporation shall terminate the Executive’s employment other than pursuant to paragraph 3(i) or 3(ii) hereof within 24 months after a Change in Control of the Corporation, or if the Executive shall terminate his employment for Good Reason pursuant to paragraph 3(iii) hereof within 24 months after a Change in Control, then: (A) The Corporation shall pay to the Executive, not later than thirty (30) days following the Date of Termination, the Executive’s accrued but unpaid base salary through the Date of Termination, plus compensation for current and carried-over unused vacation and compensation days in accordance with the Corporation’s personnel policy, and reimbursement for all reasonable business expenses in accordance with the Corporation’s business expense policy. (B) In lieu of any further payments of salary to the Executive after the Date of Termination the Corporation shall pay to the Executive, not later than thirty (30) days following the Date of Termination and notwithstanding any dispute between the Executive and the Corporation as to the payment to the Executive of any other amounts under this Agreement or otherwise, a lump sum severance payment (the “Severance Payment”) equal to 2.99 times an amount equal to the sum of (1) the greater of the Executive’s highest annual base salary in effect at any time within the twelve-month period preceding a Change in Control or the Date of Termination, and (2) the greater of (I) the Target Incentive Award or Target Amount to which the Executive would have been entitled under the Corporation’s Executive Incentive Compensation Plan (the “EICP”) or Annual Discretionary Management Incentive Compensation Plan (the “ADMICP”), as applicable, and the base or target amount to which the Executive would have been entitled under any other annual cash bonus program of the Corporation, had he been employed by the Corporation at the end of the fiscal year in which the Date of Termination occurs, or (II) the highest amount awarded to the Executive under the EICP or ADMICP and under any other annual cash bonus program of the Corporation during the last three fiscal years prior to the Date of Termination. (C) In addition to the foregoing amounts payable under paragraph 4(iii)(A) and (B) above, the Executive will be entitled to the following: (i) a pro rata bonus for the year of termination equal to the Target Incentive Award or Target Amount under the EICP or ADMICP, as applicable, multiplied by a fraction, the numerator of which is the number of calendar days that have elapsed from the beginning of the fiscal year in which such termination occurs through the Date of Termination, and the denominator of which is the number of calendar days in the fiscal year, payable not later than thirty (30) days following the Date of Termination; (ii) any stock option rights held by the Executive which were not fully exercisable on the Date of Termination shall immediately become fully exercisable by the Executive and any restricted stock rights held by the Executive which were not fully vested on the Date of Termination shall immediately become fully vested; (iii) the Corporation shall maintain in full force and effect, for the Executive’s continued benefit, until the earlier of (I) 36 months after the Date of Termination or (II) the Executive’s 65th birthday, all life, medical and dental insurance programs in which the Executive was entitled to participate immediately prior to the Date of Termination; provided that his continued participation is possible under the general terms and provisions of such programs; provided, further, that, in the event the Executive’s participation in any such program is barred, the Corporation shall arrange to provide the Executive with benefits substantially similar to those which he was entitled to receive under such programs; (iv) in addition to the benefits to which the Executive is entitled under the Corporation’s retirement plans in which he participates or any successor plans or programs in effect on the Date of Termination, the Corporation shall pay to the Executive in one lump sum in cash, an amount equal to the actuarial equivalent of the retirement pension to which the Executive would have been entitled under the terms of such retirement plan or programs had he accumulated 36 additional months of continuous service after the Date of Termination (or, if less, the number of months between the Date of Termination and the date on which the Executive attains normal retirement age under the plan) at his base salary rate in effect on the Date of Termination reduced by the single sum actuarial equivalent of any amounts to which the Executive is entitled pursuant to the provisions of said retirement plans and programs, discounted to reflect its then present value, paid at the same time as the Severance Payment; provided that, for purposes of this subparagraph (3), the actuarial equivalents shall be determined, and all other calculations shall be made, using the same methods and assumptions utilized under the Corporation’s retirement plan or programs; provided, however, that such methods and assumptions shall be no less favorable to the Executive than those in effect on the date of the Change in Control; and (v) If a Change of Control occurs and Executive becomes entitled to compensation under this Paragraph that would be subject to the excise tax imposed under Section 4999 of the Code, the Company shall reduce its payment of Separation Benefits to the Participant to $1.00 less than that amount which would trigger the excise tax if such reduction would result in the Participant receiving an equal or greater after-tax benefit than the Participant would receive if the full Separation Benefits were paid. (vi) The Executive’s right to receive payments under this Agreement shall not decrease the amount of, or otherwise adversely affect, any other benefits payable to the Executive under any plan, agreement or arrangement relating to employee benefits provided by the Corporation. (vii) The Executive shall not be required to mitigate the amount of any payment provided for in this paragraph 4 by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in this paragraph 4 be reduced by any compensation earned by the Executive as the result of employment by another employer or by reason of the Executive’s receipt of or right to receive any retirement or other benefits after the date of termination of employment or otherwise. (viii) The Corporation may, but shall not be obligated to, provide security for payment of the amounts set forth in this Agreement in a form that will cause such amounts to be includible in the Executive’s gross income only for the taxable year or years in which such amounts are paid to the Executive under the terms of this Agreement. The form of security may include a funded irrevocable grantor trust established so as to satisfy any published Internal Revenue Service guidelines. (ix) The Corporation may withhold from any amounts payable under this Agreement such federal, state and local taxes as may be required to be withheld pursuant to any applicable law or regulation.

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