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Death or Disability. The Executive’s employment shall terminate automatically if the Executive dies during the Employment Period. If the Company determines in good faith that the Disability (as defined below) of the Executive has occurred during the Employment Period (pursuant to the definition of Disability), it may give to the Executive written notice in accordance with Section 11(b) of its intention to terminate the Executive’s employment. In such event, the Executive’s employment with the Company and/or the Affiliated Entities shall terminate effective on the 30th day after receipt of such notice by the Executive (the “Disability Effective Date”), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive’s duties. “Disability” means the absence of the Executive from the Executive’s duties with the Company or the Affiliated Entities on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness that is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executive’s legal representative (such agreement as to acceptability not to be unreasonably withheld).

Death or Disability. The Executive’s employment shall terminate automatically ifupon the Executive diesExecutive’s death during the Employment Period. If the Company determines in good faith that the Disability (as defined below) of the Executive has occurred during the Employment Period (pursuant to the definition of Disability)Disability set forth below), it may give to the Executive written notice in accordance with Section 11(12(b) of this Agreement of its intention to terminate the Executive’s employment. In such event, the Executive’s employment with the Company and/or the Affiliated Entities shall terminate effective on the 30th day after receipt of such notice by the Executive (the “Disability Effective Date”), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive’s duties. For purposes of this Agreement, Disabilitymeansshall mean the absence of the Executive from the Executive’s duties with the Company or the Affiliated Entities on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness thatwhich is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executive’s legal representative (such agreement as to acceptability not to be unreasonably withheld).representative.

Death or Disability. The Executive’s employment shall terminate automatically ifupon the Executive diesExecutive’s death during the Employment Period. If the Company determines in good faith that the Disability (as defined below) of the Executive has occurred during the Employment Period (pursuant to the definition of Disability)Disability set forth below), it may give to the Executive written notice in accordance with Section 11([Section 14(b)] of this Agreement of its intention to terminate the Executive’Executive's employment. In such event, the Executive’Executive's employment with the Company and/or the Affiliated Entities shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability"Disability Effective Date”Date"), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive’s duties. Disability” meansFor purposes of this Agreement, "Disability" shall mean the absence of the Executive from the Executive’Executive's duties with the Company or the Affiliated Entities on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness thatwhich is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executive’Executive's legal representative (such agreement as to acceptability not to be unreasonably withheld)withheld unreasonably).

Death or Disability. The Executive’Executive's employment shall terminate automatically ifupon the Executive diesExecutive's death during the Employment Period. If the Company determines in good faith that the Disability (as defined below) of the Executive has occurred during the Employment Period (pursuant to the definition of Disability)Disability set forth below), it may give to the Executive written notice in accordance with Section 11(12(b) of this Agreement of its intention to terminate the Executive’Executive's employment. In such event, the Executive’Executive's employment with the Company and/or the Affiliated Entities shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability"Disability Effective Date”Date"), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-full‑time performance of the Executive’Executive's duties. Disability” meansFor purposes of this Agreement, "Disability" shall mean the absence of the Executive from the Executive’Executive's duties with the Company or the Affiliated Entities on a full-full‑time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness thatwhich is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executive’Executive's legal representative (such agreement as to acceptability not to be unreasonably withheld)withheld, delayed or conditioned).

Death or Disability. The Executive’s employment shall terminate automatically ifupon the Executive diesExecutive’s death during the Employment Period. If the Company determines in good faith that the Disability (as defined below) of the Executive has occurred during the Employment Period (pursuant to the definition of Disability)Disability set forth below), it may give to the Executive written notice in accordance with Section 11(15(b) of this Agreement of its intention to terminate the Executive’Executive's employment. In such event, the Executive’Executive's employment with the Company and/or the Affiliated Entities shall terminate effective on the 30th day after receipt of such notice by the Executive (the Disability"Disability Effective Date”Date"), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive’s duties. Disability” meansFor purposes of this Agreement, "Disability" shall mean the absence of the Executive from the Executive’Executive's duties with the Company or the Affiliated Entities on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness thatwhich is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executive’Executive's legal representative (such agreement as to acceptability not to be unreasonably withheld)withheld unreasonably).

Death or Disability. The Executive’s employment (and this Agreement) shall terminate automatically ifupon the Executive dies during the Employment Period. Ifdeath of Executive, and may be terminated by the Company determines in good faith that the Disability (as defined below) of the Executive has occurred during the Employment Period (pursuant to the definition of Disability), it may give to the Executiveupon written notice in accordance with Section 11(b)to Executive of its intentiontermination of his employment due to terminateDisability (which shall also constitute a termination of this Agreement). As used herein, “Disability” shall mean the Executive’s employment. In such event, the Executive’s employment with the Company and/inability of Executive to perform his material duties hereunder due to a physical or the Affiliated Entities shall terminate effective on the 30th day after receipt of such notice by the Executive (the “Disability Effective Date”), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive’s duties. “Disability” means the absence of the Executive from the Executive’s duties with the Company or the Affiliated Entities on a full-time basismental incapacity for 180 consecutive business days as(including weekends and holidays) in any 365-day period, with reasonable accommodations if required by applicable state and federal disability laws. To the extent necessary, the existence of a result of incapacity due to mental or physical illness that isDisability shall be determined to be total and permanent by aan independent physician selected by the Company or its insurersExecutive and reasonably acceptable to Company. In the Executive or theevent of termination of Executive’s legalemployment due to death or Disability, the Company shall pay to Executive (or to his qualified personal representative (such agreementin the event of his death during the Term) all compensation, benefits and reimbursable expenses accrued through the effective date of termination or as to acceptability not to be unreasonably withheld).required by law, and shall comply with the terms of any applicable benefits plans and agreements between the Company and the Executive.

DeathDeath, Retirement or Disability. The Executive’s employment and the Employment Period shall terminate automatically if the Executive dies during the Employment Period.upon Executive’s death or Retirement. For purposes of this Agreement, “Retirement” shall mean Executive’s voluntary resignation of employment on or after attaining age fifty-five (55) with at least ten (10) years of service. If the CompanyCommittee determines in good faith that the Disability (as defined below) of the Executive has occurred during the Employment Period (pursuant to the definition of Disability)Disability set forth in this § 7(a)), itthe Company may give to the Executive written notice in accordance with Section 11(b) of its intention to terminate the Executive’s employment. In such event, the Executive’s employment with the Company and/or the Affiliated Entities shall terminate effective on the 30ththirtieth (30th) day after receipt of such written notice by the Executive (the “Disability Effective Date”), provided that, within the 30thirty (30) days after such receipt, the Executive shall not have returned to full-time performance of the Executive’s duties. For purposes of this Agreement, Disabilitymeansshall mean the absenceinability of Executive, as determined by the Executive fromCommittee, to substantially perform the Executive’sessential functions of his regular duties and responsibilities with the Company or the Affiliated Entities on a full-time basis for 180 consecutive business days as a result of incapacitywithout reasonable accommodation, due to a medically determinable physical or mental illness or physical illness that is determinedother disability which has lasted (or can reasonably be expected to be total and permanent bylast) for a physician selected by the Company or its insurers and acceptable to the Executive or the Executive’s legal representative (such agreement as to acceptability not to be unreasonably withheld).substantially continuous period of at least six (6) consecutive months.

Upon Death or Disability. The Executive’Executive’s employment shall automatically terminate automatically ifupon the Executive dies during the Employment Period. If the Company determines in good faith that the Disability (as defined below)death of the Executive has occurredand may be terminated by the Company upon the Disability of the Executive. For purposes of this Section 3, the Executive shall be deemed Disabled (and termination of the Executive’s employment shall be deemed to be due to such “Disability”) if an independent medical doctor (selected by the Company’s applicable health or disability insurer) certifies that the Executive has, for a cumulative period of more than one hundred twenty (120) days during any 365-day period, been disabled in a manner which seriously interferes with the Employment Period (pursuantExecutive’s ability to perform the essential functions of Executive’s job even with a reasonable accommodation to the definition of Disability), it may give to the Executive written notice in accordance with Section 11(b) of its intention to terminate the Executive’s employment. In such event, the Executive’s employment with the Company and/or the Affiliated Entities shall terminate effective on the 30th day after receipt of such noticeextent required by law. Any refusal by the Executive (the “Disability Effective Date”), provided that, withinto submit to a medical examination for the 30 days after such receipt, the Executivepurpose of certifying Disability shall not have returnedbe deemed conclusively to full-time performanceconstitute evidence of the Executive’Executive’s duties. “Disability” means the absence of the Executive from the Executive’s duties with the Company or the Affiliated Entities on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness that is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executive’s legal representative (such agreement as to acceptability not to be unreasonably withheld).Disability.

Termination by Reason of Death or Disability. The Executive’Executive's employment shallhereunder will terminate automatically ifimmediately upon the Executive dies during the Employment Period. If thedeath of Executive. The Company determines in good faith that the Disability (as defined below) of the Executive has occurred during the Employment Period (pursuant to the definition of Disability), it may give to the Executiveterminate this Agreement upon written notice to Executive if Executive suffers any physical or mental impairment or incapacity that results in accordance with Section 11(b)Executive being unable to perform Executive's essential duties, responsibilities, and the functions of its intention to terminate the Executive’Executive's employment. In such event, the Executive’s employmentposition with the Company and/or the Affiliated Entities shall terminate effective on the 30th day after receipt of such notice by the Executive (the “Disability Effective Date”), provided that, within the 30for periods aggregating one-twenty (120) days after such receipt, the Executive shall not have returned to full-time performance of the Executive’s duties. “Disability” means the absence of the Executive from the Executive’s duties with the Company or the Affiliated Entities on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness that is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executive’s legal representative (such agreement as to acceptability not to be unreasonably withheld)("Disability").

#Termination for Death or Disability. TheIf Executive’s employment shall terminate automatically if the Executive dies during the Employment Period. Ifis terminated due to death or permanent disability where the Company determinesmakes a determination in good faith that the Disability (as defined below) of the Executive has occurred during the Employment Period (pursuantthat, due to the definition of Disability), it may give to the Executive written notice in accordance with Section 11(b) of its intention to terminate the Executive’s employment. In such event, the Executive’s employment with the Company and/or the Affiliated Entities shall terminate effective on the 30th day after receipt of such notice by the Executive (the “Disability Effective Date”), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive’s duties. “Disability” means the absence of the Executive from the Executive’s duties with the Company or the Affiliated Entities on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness that is determinedincapacity, Executive has been unable to be total and permanent byperform his duties under this Agreement for a physician selected byperiod of not less than three (3) consecutive months or 90 days in the Company or its insurers and acceptable toaggregate in any 12-month period, Executive shall receive the Executive or the Executive’s legal representative (such agreement as to acceptability not to be unreasonably withheld).following:

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