Incapacity or Incompetence Sample Clauses

The Incapacity or Incompetence clause defines what happens if a party to the agreement becomes unable to fulfill their obligations due to mental or physical incapacity. Typically, this clause outlines the process for determining incapacity, such as requiring a medical opinion or legal declaration, and may specify who can act on behalf of the incapacitated party, like a guardian or power of attorney. Its core function is to ensure continuity and clarity in the agreement by providing a clear protocol for handling situations where a party cannot participate or make decisions, thereby minimizing disputes and uncertainty.
Incapacity or Incompetence. Subject to clause 44.1, an employee whose employment is terminated for incapacity shall on termination of employment be entitled to severance pay on the basis of one week’s pay for each completed year of continuous employment with a maximum benefit of twenty-eight (28) weeks
View SourceView Similar (18)
Incapacity or Incompetence. When an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of release for incapacity pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks. When an employee has completed more than ten years of continuous employment and ceases to be employed by reason of release for incompetence one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks. Severance benefits payable to an employee under this Article shall be reduced by any period of continuous employment in respect of which the employee was already granted any type of termination benefit. Under no circumstances shall the maximum severance pay provided under clause be pyramided. The weekly rate of pay referred to in the above clauses shall be the weekly rate of pay to which the employee is entitled for the classification prescribed in the employee's certificate of appointment on the date of the termination of the employee's employment.
View SourceView Similar (2)
Incapacity or Incompetence. An employee who is released for incapacity shall on termination of employment be entitled to severance pay on the basis of one (1) week’s pay for each completed year of continuous employment with a maximum benefit of twenty-eight (28) weeks, less any period in respect of which the employee was granted severance pay, retiring leave, rehabilitation leave or a cash gratuity in lieu thereof by the Council, the Public Service, a federal crown corporation, the Canadian Armed Forces or the Royal Canadian Mounted Police. An employee who has completed more than ten
View SourceView Similar (2)
Incapacity or Incompetence. An employee who is released for incapacity shall on termination of employment be entitled to severance pay on the basis of one (1) week's pay for each completed year of continuous employment with a maximum benefit of twenty- eight (28)weeks, less any period in respect of which the employee was granted severance pay, retiring leave, rehabilitation leave or a cash gratuity in lieu thereof by the Council, the Public Service, a federal crown corporation, the Canadian Armed Forces or the Royal Canadian Mounted Police. An employee who has completed more than ten years of continuous employment and ceases to be employed by reason of release for incompetence, shall be entitled to one weeks pay for each completed year of continuous employment with a maximum benefit of eight (28)weeks, less any period in respect of which the employee was granted severance pay, retiring leave, rehabilitation leave or a cash gratuity in lieu thereof by the Council, the Public Service, a federal crown corporation, the Canadian Armed Forces or the Royal Canadian Mounted Police.
View Source
Incapacity or Incompetence. Subject to clause 56.1, an employee whose employment is terminated for incapacity shall on termination of employment be entitled to severance pay on the basis of one
View Source
Incapacity or Incompetence. When an Employee has completed more than one (1) year of continuous employment, subsequent to May and ceases to be employed by reason of release for incapacity, one (1) weeks pay for each complete year of such continuous employment with a maximum benefit of twenty eight
View Source

Related to Incapacity or Incompetence

  • Incompetence Willful misconduct;

  • Death or Incompetence You agree to notify us promptly in writing if any account holder or other person with a right to withdraw funds from your account dies or becomes legally incompetent. We may continue to honor all instructions and funds transfer requests from such a person until: (a) we know, with reasonable certainty, of the death or legal incompetence of an account holder or other person with a right to withdraw funds, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may honor funds transfers requested or initiated on or before the date of death or legal incompetence of an account holder or other person with a right to withdraw funds for up to ten (10) days after we determine that death or legal incompetence occurred, unless we are ordered to stop payment by someone with or claiming a legitimate interest in the account. We may require a reasonable proof of death or adjudication of incompetence. Until we receive notice and any required proof of death or incompetence, we may act as if all account holders and other persons with a right to withdraw funds are alive and competent. We may restrict access to your account upon notice of your death or legal incompetence until the appropriate documentation is provided to us by your executor, administrator or legal representative. Where a Joint Account owner dies, we may require the surviving Joint Account owner to provide us with certain documentation satisfactory to us before we will release the remaining funds in a Joint Account. Transferring Account Ownership. You may not transfer, assign or pledge any account without our Disputed Ownership of an Account. If we receive any conflicting instructions or claims to funds that are in an account, we may, in our sole discretion: (a) restrict the account and deny access to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator for judgment or decision. (See also the “Dispute Resolution” section at the end of this agreement.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to your account. We may charge a legal process fee and may assess this fee against any account you maintain with us, including the account that is subject to the legal process. Levies and garnishments are subject to our right of set-off and security interests to the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTS, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, at any time and without notice to you, close your account and terminate this agreement as to that account (except for those provisions of this agreement that are intended to survive account closing and termination) or freeze your account (close your account to further deposits, withdrawals, funds transfers and other account activity), if we believe the account was used in a manner that is inconsistent with the terms of this agreement; for example, by:

  • Incapacity If a Limited Partner is subject to Incapacity, the executor, administrator, trustee, committee, guardian, conservator or receiver of such Limited Partner’s estate shall have all the rights of a Limited Partner, but not more rights than those enjoyed by other Limited Partners, for the purpose of settling or managing the estate, and such power as the Incapacitated Limited Partner possessed to Transfer all or any part of its interest in the Partnership. The Incapacity of a Limited Partner, in and of itself, shall not dissolve or terminate the Partnership.

  • Incompetency Inefficiency.

  • Death or Incapacity If the Executive’s employment is terminated by reason of the Executive’s death or Incapacity during the Employment Period, this Agreement shall terminate without further obligations to the Executive’s legal representatives under this Agreement, other than for (i) timely payment of Accrued Obligations in a lump sum in cash within 30 days after the Date of Termination and (ii) provision by the Company of death benefits or disability benefits for termination due to death or Incapacity, respectively, in accordance with Section 3(b)(iii) as in effect at the Operative Date or, if more favorable to the Executive, at the Executive’s Date of Termination.