Permanent Incapacity Sample Clauses

Permanent Incapacity. In the event of the “Permanent Incapacity” of the Executive (which shall mean by reason of illness or disease or accidental bodily injury, the Executive is so disabled that the Executive is unable to ever work again), the Executive may thereupon be terminated by the Company upon written notice to the Executive without payment of any severance of any nature or kind (including, without limitation, by way of anticipated earnings, damages or payment in lieu of notice); provided that, in the event of the Executive’s termination pursuant to this Subsection 1.3(b)(iii), the Company shall pay or cause to be paid to the Executive (i) the amounts specified in Section 1.2(b), provided that the Executive signs and does not revoke the release agreement referred to in Section 1.3(c)(iii), and amounts prescribed by Section 1.3(d) below through the date of Permanent Incapacity, and (ii) the amounts specified in any benefit and insurance plans applicable to the Executive as being payable in the event of the permanent incapacity or disability of the Executive, such sums to be paid in accordance with the provisions of those plans as then in effect.

Permanent Incapacity. If you cannot use Entire Health facilities & services as a result of your permanent sickness or physical incapacity and wish to terminate the contract, you are required to provide a medical certificate stating that you cannot use the facilities or services because of your permanent sickness or physical incapacity. Any payment to recover cost for any services provided will apply, and will be taken from the unused portion of membership refunded.

Permanent Incapacity. For purposes of this Agreement, the term "permanent incapacity" means that the person is unable to participate actively in the business of the Company as a result of physical or mental disability and such inability continues for a period of 3 consecutive months during the term hereof.

Permanent Incapacity. In the event of the Permanent Incapacity of the Employee, his employment may thereupon be terminated by the Company without payment of any severance of any nature or kind (including, without limitation, by way of anticipated earnings, damages or payment in lieu of notice); provided that, in the event of the Employee’s termination pursuant to this subsection, subject to Section 2.10 hereof, the Company shall pay or cause to be paid to the Employee (i) the amounts prescribed by subsection (g) below through the date of Permanent Incapacity), (ii) an amount equal to Executive’s Annual Bonus for the year in which Permanent Incapacity occurs, prorated for the partial fiscal year during which Executive worked and calculated based upon the Company’s performance for the full fiscal year in which the Permanent Incapacity occurs and (iii) the amounts specified in any benefit and insurance plans applicable to the Employee as being payable in the event of the permanent incapacity or disability of the Employee, such sums to be paid in accordance with the provisions of those plans as then in effect. Any prorated Annual Bonus amount (to the extent the Board determines that the bonus targets have been achieved) payable under this subsection shall be paid after calculation of the applicable bonus amount and paid in a lump sum cash payment within 2 ½ months following the end of the fiscal year in which the Annual Bonus relates; provided that, if the Annual Bonus is subject to a deferral election under a “nonqualified deferred compensation plan” within the meaning of Code Section 409A, the Annual Bonus will be paid in accordance with the terms of such plan. Any right of the Employee to payment pursuant to this subsection shall be contingent on the Employee’s satisfaction of the release requirement in Section 1.5(i) upon payment of the amounts set forth in this subsection. Upon payment of the amounts set forth in this subsection, the Employee shall not be entitled to any severance benefits or payments (other than those required under subsection (g) hereof).

Permanent Incapacity. The Company may terminate the Executive’s employment with the Company at any time upon written notice if the Executive becomes Permanently Incapacitated, provided that this does not affect the Executive’s entitlement to long-term disability insurance in accordance with the terms of any applicable long-term disability plan. Upon such termination, and provided that the Executive executes a waiver and release agreement, in a form satisfactory to the Company, that releases the Company and all Affiliates from any and all claims of any nature whatsoever relating to Executive’s employment (including, without limitation, any and all statutory claims), the Executive will be entitled to receive continuing payments of the Base Salary for a period of six months.

Permanent Incapacity. In the event of the Permanent Incapacity of the Employee, his employment may thereupon be terminated by the Company without payment of any Severance of any nature or kind (including, without limitation, by way of anticipated earnings, damages or payment in lieu of notice); provided that, in the event of the Employee's termination pursuant to this subsection, subject to Section 2.9 hereof, the Company shall pay or cause to be paid to the Employee (i) the amounts prescribed by subsection (f) below through the date of Permanent Incapacity, and (ii) the amounts specified in any benefit and insurance plans applicable to the Employee as being payable in the event of the permanent incapacity or disability of the Employee, such sums to be paid in accordance with the provisions of those plans as then in effect.

Permanent Incapacity. This Agreement and Executive’s employment with the Company shall automatically terminate on the date on which Executive dies or becomes permanently incapacitated. “Permanent incapacity” as used herein shall mean the inability to engage in any substantial gainful activity or the receipt of income replacement benefits for a period of three (3) months or more under an accident and health plan covering employees of the Company by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months. Executive shall be deemed to have “become permanently incapacitated” on the date 30 days after the Company has determined that Executive is permanently incapacitated and so notifies Executive.

Permanent Incapacity. An individual Trustee shall permanently cease to serve as Trustee of all trusts under this document upon the first to occur of (A) the expiration of ninety (90) days following a determination or finding of temporary incapacity, unless the individual Trustee has resumed serving as Trustee pursuant to subparagraph (ii) above, and (B) a determination or finding of permanent incapacity. For purposes of the preceding sentence, if, within ten (10) days following an individual Trustee’s resumption of service as Trustee pursuant to subparagraph (ii) above, there is a subsequent determination or finding of his or her incapacity, the temporary period of capacity shall be disregarded and the ninety (90) day period shall commence from the initial determination or finding of incapacity. A Trustee who permanently ceases to serve as Trustee pursuant to this Paragraph shall not be relieved of liability as Trustee until his or her accounting has been settled pursuant to Paragraph 5.7. or 5.8.

Permanent Incapacity. (a) In the event of an employee suffering from a permanent incapacity, or an employee’s temporary incapacity becoming a permanent incapacity, ▇▇▇▇▇▇ will in consultation with the employee make every effort to identify an alternative suitable position within Aurora. Such an assessment will include a consideration of: (i) whether an alternative position exists and can be offered to the employee; (ii) whether the employee’s position can be re-designed; or (iii) whether the employee’s ordinary hours of work can be reduced. (b) In undertaking an assessment in accordance with clause 45.5(a), ▇▇▇▇▇▇ will assess each employee’s circumstances on a case-by-case basis, taking into account ▇▇▇▇▇▇‘s business needs and the needs of the employee. Such factors will include: (i) the availability of suitable alternative position(s); (ii) medical advice; (iii) the skills, experience and competency of the employee; and (iv) opportunities for re-training. (c) If an employee accepts an offer of alternative employment from Aurora in accordance with clause 45.5(a), the salary and conditions of employment will be those salary and conditions of the alternative position. (d) If an alternative position is not identified and/or offered in accordance with clause 45.5(a), the employee’s contract of employment ceases. (e) Where an employee’s contract of employment ceases as the result of a permanent incapacity, ▇▇▇▇▇▇ will provide the employee with support during this period. The support provided by ▇▇▇▇▇▇ will include: (i) a notification period of at least three (3) months from the date the decision is made that the employee’s contract of employment will cease. (ii) transitional assistance up to the value of two-thousand dollars ($2,000) for an employee with less than twenty-five (25) years of service or up to the value of four-thousand dollars ($4,000) for an employee with twenty-five