Disability. In the event that Employee is unable fully to perform his duties and responsibilities hereunder to the full extent required by Employer by reason of illness, injury or incapacity for ninety (90) consecutive days, this Agreement may be terminated by Employee or Employer; provided, however, that Employee shall continue to be compensated as provided in this Agreement during such ninety- (90) day period and until termination under this Section 8 and Employee also shall be paid, in a lump sum, a special benefit equal to two (2) year's Base Compensation, and all Restricted Stock owned by Employee shall immediately become Vested Shares, as such term is defined in the applicable grant agreement and plan documents; and, provided further, that Employee will be entitled to receive the benefits, rights and/or payments prescribed under any employee welfare or benefit plan in which Employee was participating at the time of such disability in accordance with the terms and conditions of such plans. In the event of any dispute under this Section 8, Employee shall submit to a physical examination by a licensed physician selected by Employer and reasonably acceptable to Employee.
Disability. In the event that Employee is unable fully to perform his duties and responsibilities hereunder to the full extent required by Employer by reason of illness, injury or incapacity for ninety (90) consecutive days, this Agreement may be terminated by Employee or Employer; provided, however, that Employee shall continue to be compensated as provided in this Agreement during such ninety- (90) day period and until termination under this Section 8 and8, Employee also shall be paid, in a lump sum, a special benefit equal to two (2) year'year’s Base Compensation, and all Restricted Stock owned by Employee shall immediately become Vested Shares, as such term is defined in the applicable grant agreement and plan documents; and, provided further, that Employee will be entitled to receive the benefits, rights and/or payments prescribed under any employee welfare or benefit plan in which Employee was participating at the time of such disability in accordance with the terms and conditions of such plans. In the event of any dispute under this Section 8, Employee shall submit to a physical examination by a licensed physician selected by Employer and reasonably acceptable to Employee.
Disability. InThe Company may terminate Employee’s employment hereunder if: # as a result of Employee’s incapacity due to physical or mental illness, Employee shall have been absent from his duties hereunder for a period of 120 consecutive days or a total of 180 days during any 365-day period and is unable to perform the eventessential duties of the job with or without a reasonable accommodation; and # if within ten (10) days after written notice of termination is given by the Company to Employee (which may occur at or after the end of such period), Employee shall not have returned to the performance of his duties hereunder on a full-time basis. During any period that Employee is unable fullyfails to perform his duties and responsibilities hereunder as a result of incapacity due to the full extent required by Employer by reason of illness, injuryphysical or incapacity for ninety (90) consecutive days, this Agreement may be terminated by Employee or Employer; provided, however, thatmental illness (the “Disability Period”), Employee shall continue to be compensatedreceive his Base Salary as providedset forth in Section 3(a) of this Agreement during such ninety- (90) day period and until termination underhis employment is terminated pursuant to this Section 8 and4(e), provided that payments so made to Employee alsoduring the Disability Period shall be paid, in a lump sum, a specialreduced by the sum of the amounts, if any, payable to Employee under disability benefit equal to two (2) year's Base Compensation, and all Restricted Stock owned by Employee shall immediately become Vested Shares, as such term is defined inplans of the applicable grant agreement and plan documents; and, provided further, that Employee will be entitled to receive the benefits, rights and/or payments prescribed under any employee welfare or benefit plan in which Employee was participating at the time of such disability in accordance with the terms and conditions of such plans. In the event of any dispute under this Section 8, Employee shall submit to a physical examination by a licensed physician selected by Employer and reasonably acceptable to Employee.Company.
Disability. InThe Company may terminate Employee’s employment hereunder if: # as a result of Employee’s incapacity due to physical or mental illness, Employee shall have been absent from their duties hereunder for a period of 120 consecutive days or a total of 180 days during any 365-day period and is unable to perform the eventessential duties of the job with or without a reasonable accommodation; and # if within ten (10) days after written notice of termination is given by the Company to Employee (which may occur at or after the end of such period), Employee shall not have returned to the performance of their duties hereunder on a full-time basis. During any period that Employee is unable fullyfails to perform histheir duties and responsibilities hereunder as a result of incapacity due to the full extent required by Employer by reason of illness, injuryphysical or incapacity for ninety (90) consecutive days, this Agreement may be terminated by Employee or Employer; provided, however, thatmental illness (the “Disability Period”), Employee shall continue to be compensatedreceive their Base Salary as providedset forth in Section 3(a) of this Agreement during such ninety- (90) day period and until termination undertheir employment is terminated pursuant to this Section 8 and4(d), provided that payments so made to Employee alsoduring the Disability Period shall be paid, in a lump sum, a specialreduced by the sum of the amounts, if any, payable to Employee under disability benefit equal to two (2) year's Base Compensation, and all Restricted Stock owned by Employee shall immediately become Vested Shares, as such term is defined inplans of the applicable grant agreement and plan documents; and, provided further, that Employee will be entitled to receive the benefits, rights and/or payments prescribed under any employee welfare or benefit plan in which Employee was participating at the time of such disability in accordance with the terms and conditions of such plans. In the event of any dispute under this Section 8, Employee shall submit to a physical examination by a licensed physician selected by Employer and reasonably acceptable to Employee.Company.
Disability. InThe Company may terminate Employee’s employment hereunder if: # as a result of Employee’s incapacity due to physical or mental illness, Employee shall have been absent from their duties hereunder for a period of 120 consecutive days or a total of 180 days during any 365-day period and is unable to perform the eventessential duties of the job with or without a reasonable accommodation; and # if within ten (10) days after written notice of termination is given by the Company to Employee (which may occur at or after the end of such period), Employee shall not have returned to the performance of their duties hereunder on a full-time basis. During any period that Employee is unable fullyfails to perform histheir duties and responsibilities hereunder as a result of incapacity due to the full extent required by Employer by reason of illness, injuryphysical or incapacity for ninety (90) consecutive days, this Agreement may be terminated by Employee or Employer; provided, however, thatmental illness (the “Disability Period”), Employee shall continue to be compensatedreceive their Base Salary as providedset 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 such ninety- (90) day period and until termination under this Section 8 and Employee alsothe Disability Period shall be paid, in a lump sum, a specialreduced by the sum of the amounts, if any, payable to Employee under disability benefit equal to two (2) year's Base Compensation, and all Restricted Stock owned by Employee shall immediately become Vested Shares, as such term is defined inplans of the applicable grant agreement and plan documents; and, provided further, that Employee will be entitled to receive the benefits, rights and/or payments prescribed under any employee welfare or benefit plan in which Employee was participating at the time of such disability in accordance with the terms and conditions of such plans. In the event of any dispute under this Section 8, Employee shall submit to a physical examination by a licensed physician selected by Employer and reasonably acceptable to Employee.Company.
Disability. In the event that Employee is unable fully to perform his duties and responsibilities hereunder to the full extent required by Employer by reason of illness, injury or incapacity for ninety (90) consecutive days, thisThis Agreement may be terminated byat the option of the Company if, as a result of any physical or mental disability, Employee is unable to perform substantially all of Employee’s major duties hereunder for a continuous period of four months or Employer; provided, however, thatat least 90 days in any consecutive period of 180 days. Employee shall continue to be compensated as provided inreceive Employee’s full salary plus bonus payments payable to Employee under Section 3 hereof regardless of any illness or incapacity, unless and until this Agreement during such ninety- (90) day period and until termination underis terminated. If Employee’s employment is terminated pursuant to this Section 8 and5, Employee also shall be paid, in a lump sum, a special benefit equal to two (2) year'(or Employee’s Base Compensation, and all Restricted Stock owned by Employee shall immediately become Vested Shares, as such term is definedpersonal representative, in the applicable grant agreement and plan documents; and, provided further, that Employee willcase of Employee’s death) shall be entitled to receive Employee’s full salary through the benefits, rights and/or payments prescribed under any employee welfare or benefit plan in which Employee was participating at the timeeffective date of such disability in accordance with the terms and conditions of such plans. In the event of any dispute under this Section 8, Employee shall submit to a physical examination by a licensed physician selected by Employer and reasonably acceptable to Employee.termination.
Disability.Disability: In the event that Employee becomes substantially disabled during the term of this Agreement for a period of six consecutive months so that he is unable fully to perform his duties and responsibilities hereunderthe services as contemplated herein, then Employer, at its option, may terminate Employee's employment upon written notification to the full extent required by Employer by reason of illness, injury or incapacity for ninety (90) consecutive days, this Agreement may be terminated byEmployee. Until such termination option is exercised, Employee or Employer; provided, however, that Employee shallwill continue to be compensated as provided in this Agreementreceive his full salary and fringe benefits during such ninety- (90) dayany period and until termination under this Section 8 and Employee also shall be paid, in a lump sum, a special benefit equal to two (2) year's Base Compensation, and all Restricted Stock owned by Employee shall immediately become Vested Shares, as such term is defined in the applicable grant agreement and plan documents; and, provided further, that Employee will be entitled to receive the benefits, rights and/of illness or payments prescribed under any employee welfare or benefit plan in which Employee was participating at the timeother disability, regardless of such disability in accordance with the terms and conditions of such plans. In the event of any dispute under this Section 8, Employee shall submit to a physical examination by a licensed physician selected by Employer and reasonably acceptable to Employee.duration.
Disability.Disability: In the event that Employee becomes substantially disabled during the term of this Agreement for a period of six consecutive months so that she is unable fully to perform his duties and responsibilities hereunderthe services as contemplated herein, then Employer, at its option, may terminate Employees employment upon written notification to the full extent required by Employer by reason of illness, injury or incapacity for ninety (90) consecutive days, this Agreement may be terminated byEmployee. Until such termination option is exercised, Employee or Employer; provided, however, that Employee shallwill continue to be compensated as provided in this Agreementreceive her full salary and fringe benefits during such ninety- (90) dayany period and until termination under this Section 8 and Employee also shall be paid, in a lump sum, a special benefit equal to two (2) year's Base Compensation, and all Restricted Stock owned by Employee shall immediately become Vested Shares, as such term is defined in the applicable grant agreement and plan documents; and, provided further, that Employee will be entitled to receive the benefits, rights and/of illness or payments prescribed under any employee welfare or benefit plan in which Employee was participating at the timeother disability, regardless of such disability in accordance with the terms and conditions of such plans. In the event of any dispute under this Section 8, Employee shall submit to a physical examination by a licensed physician selected by Employer and reasonably acceptable to Employee.duration.
Disability.Disability: In the event that Employee becomes substantially disabled (as verified by appropriate medical certification) during the term of this Agreement for a period of six consecutive months so that he is unable fully to perform his dutiesthe services as contemplated herein, then Employer, at its option, may terminate Employees employment upon written notification to Employee at any time during the continuation of such inability, and responsibilities hereunder to the full extent required by Employer by reasonprovisions of illness, injury or incapacity for ninety (90) consecutive days, this Agreement may be terminated bySection 7 shall apply. Until such termination option is exercised, Employee or Employer; provided, however, that Employee shallwill continue to be compensated as provided in this Agreement during such ninety- (90) day periodreceive his full salary and until termination under this Section 8 and Employee also shall be paid, in a lump sum, a special benefit equal to two (2) year's Base Compensation, and all Restricted Stock owned by Employee shall immediately become Vested Shares, as such term is defined in the applicable grant agreement and plan documents; and, provided further, that Employee will be entitled to receive the benefits, rights and/or payments prescribed under any employee welfare or benefit plan in which Employee was participating at the time of such disability in accordance with the terms and conditions of such plans. In the event of any dispute under this Section 8, Employee shall submit to a physical examination by a licensed physician selected by Employer and reasonably acceptable to Employee.fringe benefits.
Event of Disability. InIf, during the event thatTerm, Employee isshall be unable fully to perform histhe material parts of Employee’s duties and responsibilities hereunder to the full extent required by Employer# for a period exceeding ninety (90) consecutive calendar days, or # for a total of one hundred eighty (180) non-consecutive calendar days during any period of twelve (12) consecutive months, by reason of illness, injuryillness or incapacity for ninety (90) consecutive days, this Agreementas determined by a physician mutually acceptable to the Company and Employee (either referred to herein as an “Event of Disability”), the Employee’s Term of employment may be terminated by Employee or Employer; provided, however, that Employee shall continue to be compensated as provided in this Agreement during such ninety- (90) day period and untilthe Company. A termination by the Company under this Section 8 and Employee also7.A shall be paid,effective immediately upon the date set forth in a lump sum, a special benefit equalwritten notice of termination delivered by the Company to two (2) year's Base Compensation, and all Restricted Stock owned by Employee shall immediately become Vested Shares, as such term is defined in the applicable grant agreement and plan documents; and, provided further, that Employee will be entitled to receive the benefits, rights and/or payments prescribed under any employee welfare or benefit plan in which Employee was participating at the time of such disability in accordance with the terms and conditions of such plans. In the event of any dispute under this Section 8, Employee shall submit to a physical examination by a licensed physician selected by Employer and reasonably acceptable to Employee.
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