Termination Due to Death or Incapacity. If the Executive’s employment is terminated by reason of the Executive’s death or incapacity, this Agreement shall terminate without further obligations to the Executive or to the Executive’s legal representatives under this Agreement other than for the timely payment of the Executive’s currently effective annual base salary through the termination date, any accrued vacation pay, and any compensation that the Executive previously elected to defer.

Termination Due to Death or Incapacity. If the Executive’s employment is terminated by reason of the Executive’s death or incapacity,Incapacity, this Agreement shall terminate without further obligations to the Executive or to the Executive’s legal representatives under this Agreement other than for the timely payment of the Executive’s currently effective annual base salary through the termination date, any accrued vacation pay, and any compensation that the Executive previously elected to defer.

Termination Due to Death or Incapacity. If the Executive’s employment is terminated by reason of the Executive’s death or incapacity, this Agreement shall terminate without further obligations toautomatically on the date of death or the date of determination by the Board that the incapacity of the Executive has occurred, as the case may be. “Incapacity” means any physical or to the Executive’s legal representatives under this Agreement other than for the timely paymentmental illness or disability of the Executive’s currently effective annual base salary throughExecutive which continues for a period of six consecutive months or more and which at any time after such six-month period the termination date, any accrued vacation pay, and any compensation thatBoard shall reasonably determine renders the Executive previously elected to defer.incapable of performing his duties.

Termination Due to Death or Incapacity. If the Executive’s employment is terminated by reason of the Executive’s death or incapacity,Incapacity (as defined below), this Agreement shall terminate without further obligations toautomatically on the date of death or the date of determination by the Board that the Incapacity of the Executive has occurred, as the case may be. “Incapacity” means any physical or to the Executive’s legal representatives under this Agreement other than for the timely paymentmental illness or disability of the Executive’s currently effective annual base salary throughExecutive which continues for a period of six consecutive months or more and which at any time after such six-month period the termination date, any accrued vacation pay, and any compensation thatBoard shall reasonably determine renders the Executive previously elected to defer.incapable of performing his duties.

Termination Due toby Reason of Death or Incapacity. If the Executive’Disability. Executive's employment is terminated by reasonhereunder will terminate immediately upon the death of the Executive’s death or incapacity,Executive. The Company may terminate this Agreement shall terminate without further obligationsupon written notice to Executive if Executive suffers any physical or mental impairment or incapacity that results in Executive being unable to perform Executive's essential duties, responsibilities, and the Executive or tofunctions of Executive's position with the Executive’s legal representatives under this Agreement other thanCompany for the timely payment of the Executive’s currently effective annual base salary through the termination date, any accrued vacation pay, and any compensation that the Executive previously elected to defer.periods aggregating one-twenty (120) days ("Disability").

Termination Due toBy Death or Incapacity. If the Executive’Disability. The Executive's employment is terminated by reason of the Executive’s death or incapacity,and rights to compensation under this Employment Agreement shall terminate without further obligationsif the Executive is unable to perform the duties of his position due to death or disability lasting more than 90 days, and the Executive's heirs, beneficiaries, successors, or assigns shall not be entitled to any of the compensation or benefits to which Executive is entitled under this Agreement, except: # to the Executive orextent specifically provided in this Employment Agreement # to the Executive’extent required by law; or # to the extent that such benefit plans or policies under which Executive is covered provide a benefit to the Executive's legal representatives under this Agreement other than for the timely payment of the Executive’s currently effective annual base salary through the termination date, any accrued vacation pay, and any compensation that the Executive previously elected to defer.heirs, beneficiaries, successors, or assigns.