Common use of Exception for Permanent Disability Clause in Contracts

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).

Exception for Permanent Disability. Notwithstanding Section 3.10section 3.09, 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 agreementAgreement, 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 Executive pursuant to subsection 4.01(c).