Exception for Permanent Disability Clause Samples

The Exception for Permanent Disability clause provides that certain contractual obligations or penalties may be waived or modified if a party becomes permanently disabled. In practice, this clause typically applies to employment, service, or performance agreements, where an individual’s ability to fulfill their duties is compromised due to a lasting medical condition. By including this exception, the clause ensures fairness and flexibility, protecting individuals from being held to commitments they can no longer meet due to circumstances beyond their control.
Exception for Permanent Disability. Notwithstanding Section 3.10, if the Employee suffers from any physical or mental incapacity, disease or affliction which has the effect provided in subsection 4.02(a), the Company will: (a) if, and for so long as, no benefits are being paid to the Employee under the long term disability insurance provisions of the Benefit Plan, continue to pay to the Employee: (i) the Base Salary, and (ii) all other benefits otherwise payable to the Employee pursuant to this agreement, until such time as the Company may terminate the Employee pursuant to subsection 4.01(c); and (b) if, and for so long as, benefits are being paid to the Employee under the long term disability insurance provisions of the Benefit Plan, pay to the Employee: (i) such portion of the Base Salary as will, when added to the amount(s) being paid to the Employee pursuant to the long term disability insurance provisions of the Benefit Plan, result in the Employee receiving, in the aggregate, an amount equal to the Base Salary, and (ii) all other benefits hereunder, until such time as the Company may terminate the Employee pursuant to subsection 4.01(c).
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Exception for Permanent Disability. If the Executive, at any time during the Term, suffers from Permanent Disability, the Company will: (a) if, and for so long as, no benefits are being paid to the Executive under the long term disability insurance provisions of the Benefit Plan or the Canada Pension Plan (Canada), continue to pay to the Executive: (i) the Base Salary, and (ii) all other benefits otherwise payable to the Executive pursuant to this Agreement, until such time as the Company may terminate the Executive pursuant to subsection 4.01(b); or (b) if, and for so long as, benefits are being paid to the Executive under the long term disability insurance provisions of the Benefit Plan or the Canada Pension Plan (Canada), pay to the Executive: (i) such portion of the Base Salary as will, when added to the amount(s) being paid to the Executive pursuant to the long term disability insurance provisions of the Benefit Plan or the Canada Pension Plan (Canada), result in the Executive receiving, in the aggregate, an amount equal to the Base Salary, and (ii) all other benefits hereunder, until such time as the Company may terminate the Executive pursuant to subsection 4.01(b).
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Exception for Permanent Disability. Notwithstanding Section 3.10, if the Executive suffers from any physical or mental incapacity, disease or affliction which has the effect provided in subsection 4.02(a), the Company will: (a) if, and for so long as, no benefits are being paid to the Executive under the long term disability insurance provisions of the Benefit Plan, continue to pay to the Executive: (i) the Base Salary, and (ii) all other benefits otherwise payable to the Executive pursuant to this agreement, until such time as the Company may terminate the Executive pursuant to subsection 4.01(c); and (b) if, and for so long as, benefits are being paid to the Executive under the long term disability insurance provisions of the Benefit Plan, pay to the Executive: (i) such portion of the Base Salary as will, when added to the amount(s) being paid to the Executive pursuant to the long term disability insurance provisions of the Benefit Plan, result in the Executive receiving, in the aggregate, an amount equal to the Base Salary, and (ii) all other benefits hereunder, until such time as the Company may terminate the Executive pursuant to subsection 4.01(c).
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Related to Exception for Permanent Disability

  • Permanent Disability Permanent Disability" shall mean Employee's physical or mental incapacity to perform his or her usual duties with such condition likely to remain continuously and permanently as determined by Employer.

  • Death or Permanent Disability If Grantee shall die or become permanently disabled while employed by the Company or one of its affiliates, this Option shall expire one (1) year after the date of such death or permanent disability. During such period after death, Grantee's legal representative or representatives, or the person or persons entitled to do so under Grantee's last will and testament or under applicable interstate laws, shall have the right to exercise this Option as to only the number of shares to which Grantee was entitled to purchase on the date of his/her death.

  • Total Disability During a period of total disability an employee must be under the regular and personal care of a legally qualified doctor of medicine. (a) Total disability, as used in this Plan, means the complete inability because of an accident or sickness of a covered employee to perform all the duties of his/her own occupation for the first two (2) years of disability. Thereafter, employees able by reason of education, training or experience to perform the duties of a gainful occupation for which the rate of pay is not less than seventy-five percent (75%) of the current rate of pay of their regular occupation at date of disability will not be considered totally disabled and will therefore not be eligible for benefits under this Long Term Disability Plan. (b) Total disabilities resulting from mental or nervous disorders are covered by the Plan in the same manner as total disabilities resulting from accidents or other sicknesses, except that an employee who is totally disabled as a result of a mental or nervous disorder and who has received twenty-four (24) months of Long Term Disability Plan benefit payments must be confined to a hospital or mental institution or where they are at home, under the direct care and supervision of a medical doctor, in order to continue to be eligible for benefit payments. (1) If an employee becomes totally disabled and during this period of total disability engages in rehabilitative employment, the regular monthly benefit from this plan will be reduced by twenty-five percent (25%) of the employee's earnings from such rehabilitative employment. In the event that income from rehabilitative employment and the benefit paid under this Plan exceed eighty-five percent (85%) of the employee's earnings at date of disability, the benefit from this Plan will be further reduced by the excess amount.

  • By Disability If Executive becomes eligible for the Company’s long term disability benefits or if, in the sole opinion of the Company, Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety consecutive days or more than one hundred and twenty days in any twelve-month period, then, to the extent permitted by law, the Company may terminate Executive’s employment. The Company shall pay to Executive all compensation to which Executive is entitled up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect Executive’s rights under any disability plan in which Executive is a participant.

  • Termination for Disability (a) If, as a result of Executive's incapacity due to physical or mental illness, he shall have been absent from his duties with the Bank or the Company on a full-time basis for six (6) consecutive months, and within thirty (30) days after written notice of potential termination is given he shall not have returned to the full-time performance of his duties, the Bank may terminate Executive's employment for "Disability." (b) The Bank will pay Executive, as disability pay, a bi-weekly payment equal to 75% of the Executive's bi-weekly rate of Base Salary on the effective date of such termination. These disability payments shall commence on the effective date of Executive's termination and will end on the earlier of (i) the date Executive returns to the full-time employment of the Bank in the same capacity as he was employed prior to his termination for Disability and pursuant to an employment agreement between Executive and the Bank; (ii) Executive's full-time employment by another employer; (iii) Executive attaining a Retirement age as identified in Section 6; or (iv) Executive's death. The disability pay shall be reduced by the amount, if any, paid to the Executive under any plan of the Bank or the Company providing disability benefits to the Executive. (c) The Bank will cause to be continued life, medical, and dental coverage substantially comparable, as reasonable or customarily available, to the coverage maintained by the Bank for Executive prior to his termination for Disability, except to the extent such coverage may be changed in its application to all Bank employees. This coverage shall cease upon the earlier of (i) the date Executive returns to the full-time employment of the Bank in the same capacity as he was employed prior to his termination for Disability and pursuant to an employment agreement between Executive and the Bank; (ii) Executive's full-time employment by another employer; (iii) Executive attaining the Retirement age as identified in Section 6; or (iv) Executive's death. (d) Notwithstanding the foregoing, there will be no reduction in the compensation otherwise payable to Executive during any period during which Executive is incapable of performing his duties hereunder by reason of temporary disability.