Termination on Disability. If during the Term the Employee should fail to perform Employee’s duties hereunder on account of Disability, the Company shall have the right, on written Notice of Termination delivered to the Employee, to terminate the Employee’s employment under this Agreement. During the period that the Employee shall have been incapacitated due to physical or mental illness, the Employee shall continue to receive the full Base Salary provided for in Section 4.1 hereof at the rate then in effect until the Date of Termination pursuant to this Section 7.3. In the event of Employee’s termination for Disability pursuant to this Section 7.3 that constitutes Employee’s Separation from Service, then on the Date of Termination, the Company shall, in lieu of any payments under Sections 4.1 and 4.2 for the remainder of the Term, pay to the Employee the payments and other benefits applicable to termination without Cause set forth in Section 7.2 hereof, other than those related to career counseling and resume development. The Company shall also pay the Health Insurance Benefit. Notwithstanding the previous sentence, with regard to such continuation coverage, if the Company determines in its sole discretion that it cannot provide the foregoing benefit without potentially violating applicable law or potentially incurring penalties, excise taxes and fees pursuant to the Code and the Department of Treasury regulations promulgated thereunder (including, without limitation, Section 2716 of the Public Health Service Act), the Health Insurance Benefit shall terminate and the Employee shall not be eligible to receive any further benefits related to the Health Insurance Benefit other than as otherwise required by applicable law. In addition, on such termination, all of the Employee’s outstanding but unvested Options and rights relating to capital stock of the Company shall immediately vest and become exercisable, and all RSUs and shares of the Company’s Restricted Stock issued to the Employee shall immediately vest and become unrestricted and freely transferable. The exercisability of any such Options and rights shall be extended to the earlier of (a) the expiration of the term of such Options or rights or (b) the first (1st) anniversary of the Employee’s termination.
Termination on Disability. If during the Term the Employee should fail to perform his duties hereunder on account of physical or mental illness or other incapacity which the Board shall in good faith determine renders the Employee incapable of performing his duties hereunder, and such illness or other incapacity shall continue for a period of more than six (6) consecutive months (“Disability”), the Company shall have the right, on written Notice of Termination (as defined in Section 9(a)) delivered to the Employee to terminate the Employee’s employment under this Agreement. During the period that the Employee shall have been incapacitated due to physical or mental illness, the Employee shall continue to receive the full Base Salary provided for in Section 4(a)(1) hereof at the rate then in effect until the Date of Termination (as defined in Section 9(b)) pursuant to this Section 7(c). On the Date of Termination pursuant to this Section 7(c), the Company shall pay to the Employee in a lump sum an amount equal to (i) the Base Salary remaining payable to the Employee under Section 4(a)(1) for the full remaining Term, plus (ii) a pro-rated portion of the maximum Bonus available to the Employee under Section 4(a)(2) for the year in which the termination occurs. In addition, on such termination, all of the Employee’s outstanding but unvested Options and other options and rights relating to capital stock of the Company shall immediately vest and become exercisable, and all shares of the Employee’s Restricted Stock shall immediately become unrestricted and freely transferable. The term of any such options and rights shall be extended to the third anniversary of the Employee’s termination.
Termination on Disability. This Agreement will terminate immediately in the event Employee becomes physically or mentally disabled. Employee will be deemed disabled if, as a result of Employee's incapacity due to physical or mental illness, Employee shall have been absent from his duties with the Company on a full-time basis for 120 consecutive business days. At the time of such termination, Company will pay to Employee the amount of compensation determined under Section 2.1 that is in effect at the time of termination, such amount to be adjusted pro rata for the portion of the term of the Agreement completed on the date of termination. In addition, Employee shall, on the date of such termination, be entitled to receive a one-time payment in an amount equal to 50% of the annual amount payable under Section 2.1(a) at the time of termination. Employee shall also be entitled to reimbursement pursuant to Section 2.2 for expenses incurred in the performance of his duties hereunder prior to termination.
Termination on Disability. If the Executive becomes “disabled” (as defined in this subsection 6(f)), then Executive’s employment with the Company shall terminate on the date of Executive’s disability. Executive shall be “disabled” for purposes of this Agreement if he is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months, or if the Executive is, by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months, receiving income replacement benefits for a period of not less than three months under an accident and health plan covering employees of the Company.
Termination on Disability. If, during the term of this Agreement, Employee has become "disabled" (as defined in this Section 10(e)), then Company may, by action of its Board of Directors (with Employee abstaining from the vote on any such action), terminate Employee's employment with Company, upon written notice to Employee. Upon any such termination, Employee's right to any further compensation hereunder shall cease and terminate, except that Employee shall be entitled to receive, on the terms and at the times specified in this Agreement: (i) any salary earned through the date of termination; (ii) the reimbursement of any expenses incurred by Employee prior to the date of termination; and (iii) a severance package, in which Employee shall receive an amount equal to (x) Employee's monthly compensation at the time of termination, multiplied by (y) the number of months remaining in the Initial Term or any Renewal Term, as applicable. For purposes of this Section 10(e), Employee shall be deemed to be "disabled" if, in the opinion of a medical doctor selected by Company, he has been unable to perform, due to physical or mental disability, substantially all of his duties of employment for a period of sixty (60) days within any twelve (12) consecutive calendar months. In the event of a dispute as to whether or not Employee shall be considered to be disabled, such facts shall be determined by a medical doctor selected jointly by each of the medical doctors engaged by Employee and Company.
Termination on Disability. If at any time during the term of Employee’s employment hereunder, Employee is unable due to physical or mental disability, to perform effectively Employee’s duties hereunder, the Company shall continue payment of salary as provided in Section 4 during the first 3 month period of such disability to the extent not covered by the Company’s disability insurance policies (the Company may offset against its obligations in this sentence the amounts actually received by the Employee under such policies). Upon the expiration of such 3 month period, the Company, at its sole option, may continue payment of Employee’s salary for such additional periods as the Company elects, or may terminate Employee’s employment hereunder without any further compensation obligations to Employee hereunder. If Employee should die during the term of Employee’s employment hereunder, Employee’s employment and the Company’s obligations hereunder for compensation payments shall terminate as of the end of the month in which Employee’s death occurs.
Termination on Disability. If, at the end of any consecutive 90-day period during the Term, the Executive is and has been for the consecutive 90-day period then ending, or for 80% or more of the normal working days during such consecutive 90-day period unable due to mental or physical illness or injury to perform his duties under this Agreement in his normal and regular manner, the Executive’s employment and this Agreement shall then terminate, subject to the Executive’s right to receive any disability benefits then provided by the Company.
Termination on Disability. If the Executive becomes “disabled” (as defined in this subsection 6(f)), then the Company or Executive (or the Executive’s legally designated representative) may terminate this Agreement by written notice to the other. For purposes of this Agreement, Executive shall be “disabled” if he is unable to perform the essential functions of his position, as described herein, with or without reasonable accommodation, due to injury, illness, or other impairment (physical or mental), for one (1) consecutive period of ninety (90) days.
Termination on Disability. If the Company, the Executive or the Executive’s legally designated representative terminates this Agreement by reason of disability pursuant to subsection 6(f), then the Company shall pay to Executive the difference between (i) Executive’s annual salary at the then current rate in effect on the first day of the consecutive period of ninety (90) days of Executive’s disability described in subsection 6(f), calculated on a monthly basis, and (ii) any disability compensation received by Executive (the “Disability Payments”), calculated on a monthly basis. The Company’s obligation to make the Disability Payments described herein shall commence on the date this Agreement is terminated by reason of disability pursuant to subsection 6(f) and shall end on the one year anniversary of such date (the “Disability Payment Period”).
Termination on Disability. If, during the period of employment, (a) the Executive becomes unable due to mental or physical illness or injury to perform his duties under this Agreement in his normal and regular manner, this Agreement shall be then terminated; and (b) the Employer has advised the Executive that it currently maintains disability insurance for its Employees, including the Executive and if such Agreement is terminated for Disability, the Executive shall receive his salary for three (3) years. During the term of this Agreement, the Employer shall maintain disability insurance on the Executive.
