Upon Termination for Disability Clause Samples

Upon Termination for Disability or Cause or without Good Reason the Executive shall not, for himself or any third party, directly or indirectly, for a period of one year following the date of such Termination engage in Competitive Activities.

Upon Termination for Disability. If the Employment Period is terminated by reason of Executive's Total Disability, the Company shall: (a) pay Executive the Accrued Base Salary; (b) pay Executive the Accrued Vacation Payment; (c) pay Executive the Accrued Reimbursable Expenses; (d) pay Executive the Accrued Benefits, together with any benefits required to be paid under applicable law, in the event of Executive's Total Disability; (e) pay Executive any annual bonus with respect to a prior fiscal year which has accrued but has not been paid, if any; (f) pay Executive for a period of twelve (12) months from his Termination Date, his Base Salary, provided however, that such amounts shall be offset by any amounts payable under the Company's short-term or long-term disability plans; (g) pay Executive a pro-rated annual bonus based on the current fiscal year's target bonus determined as described in Section 2.2 and adjusted for the period of time from the beginning of the then current fiscal year to the Termination Date; (h) permit Executive to elect continuation medical coverage in accordance with the requirements of COBRA for him and his dependents, and for a period of 12 months from the Termination Date pay the applicable premium for such coverage, except that Executive shall continue to pay the applicable premium Executive would pay if he continued as an active employee of the Company. In the event the period of COBRA coverage paid by the Company under this Section 4.2(h) shall be less than the period mandated under applicable provisions of COBRA, Executive and his dependents shall be entitled to elect to continue coverage at his or her own expense for the remainder of the COBRA continuation period; and (i) permit Executive to exercise all stock options previously granted (whether or not exercisable as of the Termination Date) at any time for the remainder of the original terms of the options as set forth in the stock option agreements, and provide Executive with equivalent value pursuant to Section 2.3(ii) for any of the ungranted options referred to therein at the Termination Date (such ungranted options shall be deemed to have the same terms as the options most recently granted to Executive, provided, however, that the exercise price of such ungranted options shall be deemed to be the fair market value of the Common Stock on the Termination Date).

Upon Termination for Disability. Employee shall continue to receive the compensation described in Section 3 hereof for a period of three (3) months after the date of termination reduced by any disability payment to which the Employee may be entitled in lieu of such compensation but not by any disability payment for which the Employee has privately contracted without the Company's involvement. At the expiration of the three month period, payment of such compensation pursuant to Section 3 shall cease until such time during the term of this Agreement as Employee may return to his duties under this Agreement. The term "disability" as used herein shall mean a condition which prohibits the Employee from performing his duties in substantially the manner he is capable of such performance on the date of this Agreement for sixty (60) consecutive days or more during any one-year period. If Employee should die before the termination of this Agreement, Employee's compensation under Section 3 hereof shall terminate upon the date of his death.