Common use of Without Cause, Death or Disability Clause in Contracts

Without Cause, Death or Disability. Employer may terminate Executive’s employment under this Agreement without Cause and without advance notice; provided, however, that if the termination by Employer without Cause is prior to expiration of the original term, or if Executive’s employment is terminated by his death or disability, Employer will continue to pay, as severance pay, Executive’s Base Salary at the rate in effect on the termination date through expiration of the original term or for 18 months, whichever is a longer period of time. (a) Such payments will be at usual and customary pay intervals of Employer and will be subject to all appropriate deductions and withholdings. Upon termination of Executive without Cause or for death or disability, all unvested benefits (whether equity or cash benefits and bonuses) previously granted to the Executive will vest immediately upon such termination. (b) For purposes of this Agreement, “disability” means the incapacity or inability of Executive, whether due to accident, sickness or otherwise, as determined by a medical doctor acceptable to the Board of Directors of Employer and confirmed in writing by such doctor, to perform the essential functions of Executive’s position under this Agreement, with or without reasonable accommodation (provided that no accommodation that imposes undue hardship on Employer will be required) for an aggregate of 90 days during any period of 180 consecutive days, or such longer period as may be required under applicable law.

Without Cause, Death or Disability. Employer may terminate Executive’s employment under this Agreement without Cause and without advance notice; provided, however, that if the termination by Employer without Cause is prior to expiration of the original term, or if Executive’s employment is terminated by his Executive’s death or disability, Employer will continue to pay, as severance pay, Executive’s Base Salary at the rate in effect on the termination date through expiration of the original term or for 18 months, whichever is a longer period of time. (a) Such payments will be at usual and customary pay intervals made no later than 60 days following the date of Employer Termination of Executive and will be subject to all appropriate deductions and withholdings. Upon termination of Executive without Cause or for death or disability, all unvested benefits (whether equity or cash benefits and bonuses) previously granted to the Executive will vest immediately upon such termination. (b) For purposes of this Agreement, “disability” means the incapacity or inability of Executive, whether due to accident, sickness or otherwise, as determined by a medical doctor acceptable to the Board of Directors of Employer and confirmed in writing by such doctor, to perform the essential functions of Executive’s position under this Agreement, with or without reasonable accommodation (provided that no accommodation that imposes undue hardship on Employer will be required) for an aggregate of 90 days during any period of 180 consecutive days, or such longer period as may be required under applicable law.

Without Cause, Death or Disability. Employer may terminate Executive’s employment under this Agreement without Cause and without advance notice; provided, however, that if the termination by Employer without Cause is prior to expiration of the original term, or if Executive’s employment is terminated by his Executive’s death or disability, Employer will continue to pay, as severance pay, Executive’s Base Salary at the rate in effect on the termination date through expiration of the original term or for 18 months, whichever is a longer period of time. (a) Such payments will be at usual and customary pay intervals made no later than 60 days following the date of Employer Termination of Executive, and will be subject to all appropriate deductions and withholdings. Upon termination of Executive without Cause or for death or disability, all unvested benefits (whether equity or cash benefits and bonuses) previously granted to the Executive will vest immediately upon such termination. (b) For purposes of this Agreement, “disability” means the incapacity or inability of Executive, whether due to accident, sickness or otherwise, as determined by a medical doctor acceptable to the Board of Directors of Employer and confirmed in writing by such doctor, to perform the essential functions of Executive’s position under this Agreement, with or without reasonable accommodation (provided that no accommodation that imposes undue hardship on Employer will be required) for an aggregate of 90 days during any period of 180 consecutive days, or such longer period as may be required under applicable law.