Termination as a Result of Disability. Until such time as the Company offers disability insurance benefits to its senior executives, then in the event of Executive’s Disability (as defined herein) during Executive’s employment under this Agreement, the Company shall have the right to terminate Executive’s employment under this Agreement upon thirty (30) days prior written notice to Executive. Within ten (10) days following the termination of employment due to such Disability, the Company shall pay Executive all Base Salary due or accrued but unpaid as of the date of termination due to Disability, all accrued but unused vacation pay, and the portion of his Bonus earned (to the extent that the Bonus has been earned in accordance with the applicable bonus plan). In addition, the Company shall continue to pay Executive’s then-current Base Salary for six (6) months following the date of Disability, net of all proceeds of stale disability insurance received by Executive during such period. “Disability” means a physical or mental disability, the existence of which is confirmed by a licensed health care provider selected by the Company’s Board of Directors, that has caused Executive to be unable to perform consistently and materially the essential duties of his position hereunder with or without reasonable accommodation for a period of three (3) consecutive months, provided, that in the event that the Executive fails or refuses to submit to an examination by the health care provider selected by the Company for reasons unrelated to his Disability within twelve (12) days of written request by the Company, and if such health care provider has been made reasonably available to the Executive for such examination, such failure or refusal shall be deemed a material breach of this Agreement constituting “Cause,” as defined in Section 5 above if Executive has not cured the material breach within thirty (30) days of written notice thereof. In order to receive the continuation of Executive’s Base Salary, as described in this Section 10(b), Executive must (i) execute the Release, (ii) resign from the Company’s Board of Directors and (iii) return all Company property.
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Termination as a Result of Disability. Until such time as the Company offers disability insurance benefits to its senior executives, then in the event of Executive’s Disability (as defined herein) during Executive’s employment under this Agreement, the Company shall have the right to terminate Executive’s employment under this Agreement upon thirty (30) days prior written notice to Executive. Within ten (10) days following the termination of employment due to such Disability, the Company shall pay Executive all Base Salary due or accrued but unpaid as of the date of termination due to Disability, all accrued but unused vacation pay, and the a pro-rata portion of his Bonus earned (earned, based on the number of days in the year to which the extent Bonus applies that the Bonus has been earned in accordance with Executive was an employee of the applicable bonus plan)Company. In addition, the Company shall continue to pay Executive’s then-current Base Salary for six (6) months following the date of Disability, net of all proceeds of stale state disability insurance received by Executive during such period. “Disability” means a physical or mental disability, the existence of which is confirmed by a licensed health care provider selected by the Company’s Board of Directors, that has caused Executive to be unable to perform consistently and materially the essential duties of his position hereunder with or without reasonable accommodation for a period of three (3) consecutive months, provided, that in the event that the Executive fails or refuses to submit to an examination by the health care provider selected by the Company for reasons unrelated to his Disability within twelve (12) days of written request by the Company, and if such health care provider has been made reasonably available to the Executive for such examination, such failure or refusal shall be deemed a material breach of this Agreement constituting “Cause,” as defined in Section 5 above if Executive has not cured the material breach within thirty (30) days of written notice thereof. In order to receive the continuation of Executive’s Base Salary, as described in this Section 10(b), Executive must (i) execute the Release, (ii) resign from the Company’s Board of Directors and (iii) return all Company property.Section
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