Death or Disability. Employee’s employment shall terminate automatically upon Employee’s death. For purposes of this Agreement, Employee shall be deemed to be disabled if Employee suffers an illness or disability resulting in Employee’s inability to perform the essential functions of Employee’s duties hereunder, with or without reasonable accommodation, for a period of ninety (90) consecutive days. If Employee is unable to perform, due to illness or disability, the essential functions of Employee’s position, with or without reasonable accommodation, for a period of ninety (90) consecutive days, then the Company shall give to Employee written notice of its intention to terminate Employee’s employment. In such event, Employee’s employment with the Company shall terminate effective on the thirtieth (30th) day after receipt of such notice by Employee provided that, within the thirty (30) days after such receipt, Employee shall not have returned to full time performance of Employee’s duties.
Death or Disability. Employee’s employment with the Employer shall terminate automatically upon Employee’s death. For purposesdeath during the Employment Period. If the Employer determines in good faith that the Disability of this Agreement, Employee shall be deemedhas occurred during the Employment Period (pursuant to be disabled if Employee suffers an illness or disability resulting in Employee’s inability to perform the essential functionsdefinition of Employee’s duties hereunder, with or without reasonable accommodation, for a period of ninety (90) consecutive days. If Employee is unable to perform, due to illness or disability, the essential functions of Employee’s position, with or without reasonable accommodation, for a period of ninety (90) consecutive days, then the Company shallDisability set forth below), it may give to Employee written notice in accordance with [Sections 6(e) and 15] # of this Agreement of its intention to terminateTerminate Employee’s employment. In such event, Employee’s employment with the CompanyEmployer shall terminateTerminate effective on the thirtieth (30th)60th day after receipt of such written notice by Employee (the “Disability Effective Date”), provided that, within the thirty (30)30 days after such receipt, Employee shall not have returned to full full-time performance of Employee’s duties. For purposes of this Agreement, “Disability” shall mean that the Employee suffers from a physical or mental disability or infirmity that qualifies him for disability benefits under any accident, health or disability plan maintained by the Employer that provides income replacement benefits due to disability or, if the Employer does not maintain such a plan, the Employee’s inability to perform the essential functions of the Employee’s job for a period of ninety (90) or more days as a result of physical or mental disability or infirmity which is determined to be total and permanent, as reasonably determined by the Employer based upon the opinion of a physician, subject to # the Employer’s obligations, and Employee’s rights, under # the Americans With Disabilities Act, 42 U.S. C. §§ 1210 et seq., and # the Family and Medical Leave Act, 29 U. S.C. §§ 2601 et seq. (and the regulations promulgated under the foregoing Acts).
Termination Upon Death or Disability. Employee’Subject to Section 3.2, Employees employment and the Companys obligations under this Agreement shall terminate automaticallyterminate: # automatically, effective immediately and without any notice being necessary, upon Employee’Employees death.death; and # in the event of the disability of Employee, by the Company giving notice of termination to Employee. For purposes of this Agreement, Employee shall be deemeddisability means the inability of Employee, due to be disabled if Employee suffers an illnessa physical or disability resulting in Employee’s inabilitymental impairment, for ninety (90) days (whether or not consecutive) during any period of three hundred sixty (360) days, to performperform, with reasonable accommodation, the essential functions of Employee’s duties hereunder, with or without reasonable accommodation, for a periodthe work contemplated by this Agreement. In the event of ninety (90) consecutive days. Ifany dispute as to whether Employee is unabledisabled, the matter shall be determined by the Companys Board of Directors in consultation with a physician selected by the Companys health or disability insurer or another physician mutually satisfactory to perform, due to illness or disability, the essential functions of Employee’s position, with or without reasonable accommodation, for a period of ninety (90) consecutive days, then the Company and Employee. Employee shall give to Employee written notice of its intention to terminate Employee’s employment. In such event, Employee’s employmentcooperate with the Companyefforts to make such determination or be subject to immediate discharge. Any such determination shall terminate effectivebe conclusive and binding on the thirtieth (30th) day after receiptparties. Any determination of disability under this Section 3.1 is not intended to alter any benefits any party may be entitled to receive under any long-term disability insurance policy carried by either the Company or Employee with respect to Employee, which benefits shall be governed solely by the terms of any such notice by Employee provided that, within the thirty (30) days after such receipt, Employeeinsurance policy. Nothing in this subsection shall not have returned to full time performancebe construed as limiting or altering any of Employee’Employees duties.rights under State workers compensation laws or State or federal Family and Medical Leave laws.
Death or Disability. The Employee’s employment shallwith the Company will terminate automaticallyimmediately upon Employee’s death. Forthe death or Disability of the Employee (“Death or Disability Termination”). The term “Disability” for purposes of this Agreement, EmployeeAgreement # shall have the same meaning as is given to such term (or correlative term) in the Employee’s Company disability insurance policy or # if there shall be deemed to be disabled ifno such disability insurance policy in place, the term “Disability” for purposes of this Agreement shall mean the inability of the Employee suffers an illness or disability resulting in Employee’s inability to perform the essential functions of Employee’s essential duties hereunder, with or without reasonable accommodation,and responsibilities under this Agreement for a period of ninety (90) consecutive days. If Employee is unable to perform, due to illnessdays during any twelve (12) month period by reason of the Employee’s mental or physical disability, which disability shall be certified in writing by a doctor approved by the essential functions of Employee’s position, with or without reasonable accommodation, for a period of ninety (90) consecutive days, then the Company shall give to Employee written notice of its intention to terminate Employee’s employment.Company. In such event, Employee’s employment with the Company shall terminate effective on the thirtieth (30th) day after receipt of such notice by Employee provided that, within the thirty (30) days after such receipt, Employee shall not have returnedbe provided six (6) months’ severance pay following termination in continuance according to full time performance of Employee’s duties.standard payroll practices.
Termination for Cause, Disability or Disability. Employee’Death. During the term of this Agreement, the Company shall be entitled to terminate the Employee's employment at any time upon the "Disability" of the Employee or for "Cause" upon notice to the Employee. The Employee's employment hereunder shall automatically terminate automatically upon Employee’s death.the death of the Employee. For purposes of this Agreement, "Disability" shall mean a physical or mental sickness or any injury which renders the Employee incapable of performing the essential functions of Employee's job (with or without reasonable accommodations) and which does or may be expected to continue for more than 4 months during any 12‑month period. In the event Employee shall be deemed to be disabled if Employee suffers an illness or disability resulting in Employee’s inabilityable to perform the essential functions of Employee’Employee's duties hereunder, withjob (with or without reasonable accommodation,accommodations) following a period of Disability, and does so perform such duties, or such other duties as are prescribed by the President and CEO of the Company or such other person whom Employee reports to as provided in section 3 above, for a period of ninety (90) consecutive days. If Employee is unable to perform, due to illness or disability, the essential functions of Employee’s position, with or without reasonable accommodation, for athree continuous months, any subsequent period of ninety (90) consecutive days, thenDisability shall be regarded as a new period of Disability for purposes of this
Agreement. The Company and the Employee shall determine the existence of a Disability and the date upon which it occurred. In the event of a dispute regarding whether or when a Disability occurred, the matter shall be referred to a medical doctor selected by the Company shall giveand the Employee. In the event of their failure to Employee written notice of its intention to terminate Employee’s employment. Inagree upon such event, Employee’s employment witha medical doctor, the Company shall terminate effective onand the thirtieth (30th) day after receipt of such notice by Employee provided that, within the thirty (30) days after such receipt, Employee shall not have returned to full time performance of Employee’s duties.each select a medical doctor who together shall select a third medical doctor who shall make the determination. Such determination shall be conclusive and binding upon the parties hereto.
Termination Upon Death or Disability. Employee’Upon the death or Disability of the Employee, the Employee's employment with Company shall terminate automatically upon Employee’s death.with no further obligation under this Agreement other than the payment or provision of the Accrued Obligations. For purposes of this Agreement, "Disability" shall mean a physical or mental illness, injury, or condition that prevents the Employee shall be deemed to be disabled if Employee suffers an illness or disability resulting in Employee’s inability to performfrom performing substantially all of the essential functions of Employee’Employees duties hereunder,associated with the Employees position or without reasonable accommodation, for a period of ninety (90) consecutive days. If Employee is unable to perform, due to illness or disability, the essential functions of Employee’s position, with or without reasonable accommodation, for a period of ninety (90) consecutive days, then the Company shall give to Employee written notice of its intention to terminate Employee’s employment. In such event, Employee’s employmenttitle with the Company for at least 90 days in a 12-month period. The determination of whether the Employee has incurred a Disability shall terminate effective onbe made in good faith by the thirtieth (30th) day after receipt of such notice by Employee provided that, within the thirty (30) days after such receipt, Employee shall not have returned to full time performance of Employee’s duties.Board.
Death or Disability. Employee’The Executive’s employment shall terminate automatically upon Employee’the Executive’s death. For purposesdeath during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 15(b) of this Agreement, Employee shall be deemed to be disabled if Employee suffers an illness or disability resulting in Employee’s inability to perform the essential functions of Employee’s duties hereunder, with or without reasonable accommodation, for a period of ninety (90) consecutive days. If Employee is unable to perform, due to illness or disability, the essential functions of Employee’s position, with or without reasonable accommodation, for a period of ninety (90) consecutive days, then the Company shall give to Employee written noticeAgreement of its intention to terminate Employee’the Executive's employment. In such event, Employee’the Executive's employment with the Company shall terminate effective on the thirtieth (30th)30th day after receipt of such notice by Employeethe Executive (the "Disability Effective Date"), provided that, within the thirty (30)30 days after such receipt, Employeethe Executive shall not have returned to full full-time performance of Employee’the Executive’s duties. For purposes of this Agreement, "Disability" shall mean the absence of the Executive from the Executive's duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which 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 withheld unreasonably).
Death or Disability. The Company may terminate Employee’s employment shall terminate automatically uponhereunder if: # as a result of Employee’s death. For purposes of this Agreement,incapacity due to physical or mental illness, Employee shall be deemed to be disabled if Employee suffers an illnesshave been absent from their duties hereunder for a period of 120 consecutive days or disability resulting in Employee’s inabilitya total of 180 days during any 365-day period and is unable to perform the essential functionsduties of Employee’s duties hereunder,the job with or without a reasonable accommodation, for a period of ninety (90) consecutive days. If Employee is unable to perform, due to illness or disability, the essential functions of Employee’s position, with or without reasonable accommodation, for a period of ninety (90) consecutive days, then the Company shall give to Employeeaccommodation; and # if within ten (10) days after written notice of its intention to terminate Employee’s employment. In such event, Employee’s employment withtermination is given by the Company shall terminate effective onto Employee (which may occur at or after the thirtieth (30th) day after receiptend of such notice by Employee provided that, within the thirty (30) days after such receipt,period), Employee shall not have returned to full timethe performance of Employee’s duties.their duties hereunder on a full-time basis. During any period that Employee fails to perform their duties hereunder as a result of incapacity due to physical or mental illness (the “Disability Period”), Employee shall continue to receive their Base Salary as set forth in [Section 3(a)] of this Agreement until their employment is terminated pursuant to this [Section 4(d)], provided that payments so made to Employee during the Disability Period shall be reduced by the sum of the amounts, if any, payable to Employee under disability benefit plans of the Company.
Death or Disability. The Company may terminate Employee’s employment shall terminate automatically uponhereunder if: # as a result of Employee’s death. For purposes of this Agreement,incapacity due to physical or mental illness, Employee shall be deemed to be disabled if Employee suffers an illnesshave been absent from his duties hereunder for a period of 120 consecutive days or disability resulting in Employee’s inabilitya total of 180 days during any 365-day period and is unable to perform the essential functionsduties of Employee’s duties hereunder,the job with or without a reasonable accommodation, for a period of ninety (90) consecutive days. If Employee is unable to perform, due to illness or disability, the essential functions of Employee’s position, with or without reasonable accommodation, for a period of ninety (90) consecutive days, then the Company shall give to Employeeaccommodation; and # if within ten (10) days after written notice of its intention to terminate Employee’s employment. In such event, Employee’s employment withtermination is given by the Company shall terminate effective onto Employee (which may occur at or after the thirtieth (30th) day after receiptend of such notice by Employee provided that, within the thirty (30) days after such receipt,period), Employee shall not have returned to full timethe performance of Employee’s duties.his duties hereunder on a full-time basis. During any period that Employee fails to perform his duties hereunder as a result of incapacity due to physical or mental illness (the “Disability Period”), Employee shall continue to receive his Base Salary as set forth in [Section 3(a)] of this Agreement until his employment is terminated pursuant to this [Section 4(e)], provided that payments so made to Employee during the Disability Period shall be reduced by the sum of the amounts, if any, payable to Employee under disability benefit plans of the Company.
Death or Disability. The Company may terminate Employee’s employment shall terminate automatically uponhereunder if: # as a result of Employee’s death. For purposes of this Agreement,incapacity due to physical or mental illness, Employee shall be deemed to be disabled if Employee suffers an illnesshave been absent from their duties hereunder for a period of 120 consecutive days or disability resulting in Employee’s inabilitya total of 180 days during any 365-day period and is unable to perform the essential functionsduties of Employee’s duties hereunder,the job with or without a reasonable accommodation, for a period of ninety (90) consecutive days. If Employee is unable to perform, due to illness or disability, the essential functions of Employee’s position, with or without reasonable accommodation, for a period of ninety (90) consecutive days, then the Company shall give to Employeeaccommodation; and # if within ten (10) days after written notice of its intention to terminate Employee’s employment. In such event, Employee’s employment withtermination is given by the Company shall terminate effective onto Employee (which may occur at or after the thirtieth (30th) day after receiptend of such notice by Employee provided that, within the thirty (30) days after such receipt,period), Employee shall not have returned to full timethe performance of Employee’s duties.their duties hereunder on a full-time basis. During any period that Employee fails to perform their duties hereunder as a result of incapacity due to physical or mental illness (the “Disability Period”), Employee shall continue to receive their Base Salary as set forth in [Section 3(a)] of this Agreement until their employment is terminated pursuant to this [Section 4(d)], provided that payments so made to Employee during the Disability Period shall be reduced by the sum of the amounts, if any, payable to Employee under disability benefit plans of the Company.
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