Common use of Termination Due to Death or Disability Clause in Contracts

Termination Due to Death or Disability. During the Employment Period, Executive’s employment shall automatically terminate in the event of Executive’s death, and may be terminated by the Company due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties for a continuous period of 90 days or longer, or for 180 days or more in any 12-month period.

Appears in 9 contracts

Sources: Employment Agreement (Xponential Fitness, Inc.), Employment Agreement (Xponential Fitness, Inc.), Employment Agreement (Xponential Fitness, Inc.)

Termination Due to Death or Disability. During the Employment PeriodSubject to applicable state or federal law, Executive’s employment shall with the Company will automatically terminate in the event of upon Executive’s death, and may be terminated by the Company due to Executive’s death or Disability. For purposes of this Agreement, “Disability” shall mean means a physical or mental condition or disability that prevents, regardless of any reasonable accommodation, the performance by which prevents Executive of from performing Executive’s duties job responsibilities for a continuous period of 90 days or longermore than six (6) months in any twelve (12) month period, or for 180 days or more in any 12-month periodthan four (4) consecutive months.

Appears in 8 contracts

Sources: Employment Agreement (Newlink Genetics Corp), Employment Agreement (Newlink Genetics Corp), Employment Agreement (Newlink Genetics Corp)

Termination Due to Death or Disability. During the Employment Period, The Executive’s employment hereunder shall automatically terminate upon the Executive’s death or in the event of Executive’s death, and may be terminated a termination by the Company Employers due to the Executive’s Disability. For purposes of this Agreement, “Disability” shall mean (i) a finding by the President or the Board that the Executive has been unable to perform his job functions by reason of a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties impairment for a continuous period of 90 consecutive days or longerany 90 days within a period of 180 consecutive days. The President’s or the Board’s good faith determination of Disability shall be final, or for 180 days or more in any 12-month periodbinding and conclusive.

Appears in 6 contracts

Sources: Employment Agreement (Liberty Tax, Inc.), Employment Agreement (Liberty Tax, Inc.), Employment Agreement (Liberty Tax, Inc.)

Termination Due to Death or Disability. During the Employment Period, Executive’s employment shall automatically terminate in the event of Executive’s death, and may be terminated by the Company due to Executive’s DisabilityDisability (as defined below). For the purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, prevents the performance by Executive of Executive’s essential duties under this Agreement for a continuous period of 90 180 days or longer, or for 180 360 days or more in any 1224-month period; provided, that, the Company will comply with all obligations to provide reasonable accommodation of any disability of Executive consistent with applicable law.

Appears in 4 contracts

Sources: Employment Agreement (Eos Energy Enterprises, Inc.), Employment Agreement (Eos Energy Enterprises, Inc.), Employment Agreement (Eos Energy Enterprises, Inc.)

Termination Due to Death or Disability. During the Employment Period, Executive’s employment shall automatically terminate in the event of Executive’s deathdeath during employment. The Company may terminate Executive’s employment, and may be terminated by the Company due upon notice to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, in the performance by Executive event of Executive’s duties for a continuous period of 90 days or longer, or for 180 days or more in any 12-month periodDisability (as defined below).

Appears in 4 contracts

Sources: Employment Agreement (Akouos, Inc.), Employment Agreement (Akouos, Inc.), Employment Agreement (Akouos, Inc.)

Termination Due to Death or Disability. During the Employment Period, Executive’s employment shall automatically will terminate in the event of Executive’s death, and may be terminated by the Company due to Executive’s upon his death or Disability. For purposes of this Agreement, “Disability” shall mean a refer to Executive’s physical or mental disability that prevents, regardless preventing him from carrying out substantially all of any reasonable accommodation, the performance by Executive of Executive’s his duties under this Agreement for a continuous period of 90 days six consecutive months (or longer, or for 180 days or more 25 weeks in any 12-month period). If Executive and the Company disagree as to the existence of a Disability, the dispute shall be resolved by an independent medical doctor selected by Executive and acceptable to the Company, such acceptance not to be unreasonably withheld.

Appears in 3 contracts

Sources: Employment Agreement (Capitol Investment Corp. IV), Employment Agreement (Capitol Investment Corp. IV), Employment Agreement (Capitol Investment Corp. IV)

Termination Due to Death or Disability. During the Employment Period, Executive’s employment shall automatically terminate in the event of Executive’s death, death and may be terminated by the Company due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties for a continuous period of 90 days or longer, or for 180 days or more in any 12-month period.

Appears in 3 contracts

Sources: Employment Agreement (Xponential Fitness, Inc.), Employment Agreement (Xponential Fitness, Inc.), Employment Agreement (Xponential Fitness, Inc.)

Termination Due to Death or Disability. During the Employment Period, Executive’s employment shall automatically terminate in the event of Executive’s death, and may be terminated by the Company due to Executive’s DisabilityDisability (as defined below). For the purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties under this Agreement for a continuous period of 90 days or longer, or for 180 days or more in any 12-month period.

Appears in 2 contracts

Sources: Employment Agreement (Eos Energy Enterprises, Inc.), Employment Agreement (Eos Energy Enterprises, Inc.)

Termination Due to Death or Disability. During Upon Supermajority Approval, the Employment Period, Company may terminate Executive’s employment shall automatically terminate in the event of Executive’s death, and may be terminated by the Company due to Executive’s Disability. For purposes of if he is prevented from performing his responsibilities under this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties Agreement for a continuous consecutive period of 90 days six months or longer, or for 180 days or more in longer during any 12-month periodperiod of the Term hereof, by reason of any accident, illness, or mental, or physical disability. Executive’s employment hereunder shall terminate upon his death.

Appears in 2 contracts

Sources: Employment Agreement (James River Group Holdings, Ltd.), Employment Agreement (James River Group Holdings, Ltd.)

Termination Due to Death or Disability. During the Employment Period, Executive’s employment hereunder shall automatically terminate in upon his death. The Company and Holdings may terminate Executive’s employment if he is prevented from performing his responsibilities under this Agreement because of “Disability.” A “Disability” means that Executive has been unable to perform the event essential functions of Executive’s deathposition because of illness, and may be terminated by the Company due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical injury or mental other disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties for a continuous period of 90 days or longermore than one hundred twenty (120) consecutive calendar days, or for 180 more than a total of ninety-five (95) business days (either consecutive or more non-consecutive) in any 12-month consecutive twelve (12)-month period, subject to the reasonable accommodation requirements of applicable laws.

Appears in 1 contract

Sources: Employment Agreement (James River Group Holdings, Ltd.)

Termination Due to Death or Disability. During the Employment PeriodIf Executive dies, Executive’s 's employment shall automatically cease and terminate in as of the event date of Executive’s 's death. If Executive becomes Disabled during his employment, and may be terminated by the Company due to may terminate Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties for a continuous period of 90 's employment upon thirty (30) days or longer, or for 180 days or more in any 12-month period.notice to

Appears in 1 contract

Sources: Employment Agreement (Pacific Sunwear of California Inc)

Termination Due to Death or Disability. During the Employment Period, The Executive’s employment hereunder shall automatically terminate upon the Executive’s death or in the event of Executive’s death, and may be terminated a termination by the Company Employers due to the Executive’s Disability. For purposes of this Agreement, “Disability” shall mean (i) a finding by the President or the Board that the Executive has been unable to perform her job functions by reason of a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties impairment for a continuous period of 90 consecutive days or longerany 90 days within a period of 180 consecutive days. The President’s or the Board’s good faith determination of Disability shall be final, or for 180 days or more in any 12-month periodbinding and conclusive.

Appears in 1 contract

Sources: Employment Agreement (Liberty Tax, Inc.)

Termination Due to Death or Disability. During the Employment Period, Executive’s employment shall automatically terminate hereunder may be terminated by the Company in the event of Executive’s death, Disability (as defined below) and may be terminated by the Company due to shall terminate upon Executive’s Disabilitydeath. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, prevents the performance by Executive of Executive’s duties hereunder for a continuous period of 90 consecutive days or longer, longer or for 180 days or more in any 12-month periodperiod of 24 consecutive months.

Appears in 1 contract

Sources: Employment Agreement (Advaxis, Inc.)

Termination Due to Death or Disability. During The Company may terminate the Employment Period, Executive’s employment shall automatically terminate in the event on account of Executive’s deathdisability (as hereinafter described), and may the Executive’s employment will terminate upon the Executive’s death. The Executive will be terminated by deemed to suffer from a disability if, as a result of the Company Executive’s incapacity due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodationillness, the Executive is absent from the full-time performance by Executive of Executive’s his duties with the Company for a continuous period of 90 days ninety (90) days, whether or longernot consecutive, or for 180 days or more in during any 12-six (6) month period.

Appears in 1 contract

Sources: Employment Agreement (Energysouth Inc)

Termination Due to Death or Disability. During In the Employment Period, event that Executive’s employment shall automatically terminate in the event of Executive’s death, and may be hereunder terminates due to his death or is terminated by the Company or OpCo due to Executive’s DisabilityDisability (as defined below), no termination benefits shall be payable to or in respect of Executive except as provided in Section 7(e)(ii). For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, prevents the performance by Executive of Executive’s his duties hereunder for a continuous period of 90 days or longer, or for 180 days or more in any 12-month period.

Appears in 1 contract

Sources: Employment Agreement (Transcultural Health Develpment, Inc.)

Termination Due to Death or Disability. During the The Employment Period, Period and Executive’s employment hereunder shall automatically terminate in the event of Executive’s death, death and may be terminated by the Company due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties for a continuous period of 90 days or longer, or for 180 days or more in any 12-month period.

Appears in 1 contract

Sources: Employment Agreement (Xponential Fitness, Inc.)

Termination Due to Death or Disability. During the Employment Period, Executive’s employment shall terminate automatically terminate in the event of upon Executive’s death, and may death or if Executive becomes Disabled. Executive shall be deemed Disabled if Executive is unable for medical reasons to perform his essential job duties for ninety (90) days in a twelve (12) month period. If Executive’s employment is terminated by the Company due to Executive’s death or Disability, Executive will receive the benefits already due to him under Section 2. For purposes All other obligations of the Company under this Agreement shall cease upon termination of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of Agreement for any reasonable accommodation, the performance by Executive of Executive’s duties for a continuous period of 90 days or longer, or for 180 days or more in any 12-month periodreason.

Appears in 1 contract

Sources: Executive Employment Agreement (Cardium Therapeutics, Inc.)

Termination Due to Death or Disability. During the Employment Period, Executive’s 's employment shall automatically terminate in the event of Executive’s 's death, and may be terminated by the Company due to Executive’s 's Disability. For purposes of this Agreement, "Disability" shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s 's duties for a continuous period of 90 days or longer, or for 180 days or more in any 12-month period.

Appears in 1 contract

Sources: Employment Agreement (Xponential Fitness, Inc.)

Termination Due to Death or Disability. During the Employment Period, Executive’s employment hereunder shall automatically terminate in the event of upon Executive’s death, death and may be terminated by the Company due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, prevents the performance by Executive of Executive’s duties under this Agreement for a continuous period of 90 days or longer, or for 180 days or more in any 12-month period.

Appears in 1 contract

Sources: Employment Agreement (Avatar Holdings Inc)

Termination Due to Death or Disability. During the Employment Period, Executive’s employment hereunder shall automatically terminate in upon his death. The Company and Holdings may terminate Executive’s employment if he is prevented from performing his responsibilities under this Agreement because of “Disability.” A “Disability” means that Executive has been unable to perform the event essential functions of Executive’s deathposition because of illness, and may be terminated by the Company due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical injury or mental other disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties for a continuous period of 90 days or longermore than one hundred twenty (120) consecutive calendar days, or for 180 more than a total of ninety five (95) business days (either consecutive or more non-consecutive) in any 12-consecutive twelve month period, subject to the reasonable accommodation requirements of applicable laws.

Appears in 1 contract

Sources: Employment Agreement (James River Group Holdings, Ltd.)

Termination Due to Death or Disability. During the Employment Period, The Executive’s employment hereunder shall automatically terminate upon the Executive’s death or in the event of Executive’s death, and may be terminated a termination by the Company Employers due to the Executive’s Disability. For purposes of this Agreement, “Disability” shall mean (i) a finding by the Board that the Executive has been unable to perform his job functions by reason of a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties impairment for a continuous period of 90 consecutive days or longerany 90 days within a period of 180 consecutive days. The Board’s good faith determination of Disability shall be final, or for 180 days or more in any 12-month periodbinding and conclusive.

Appears in 1 contract

Sources: Employment Agreement (Liberty Tax, Inc.)

Termination Due to Death or Disability. During the Employment Period, Executive’s employment shall automatically terminate in the event of Executive’s death, and may be terminated by the Company due to Executive’s DisabilityDisability (as defined below). For the purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, prevents the performance by Executive of Executive’s essential duties under this Agreement for a continuous period of 90 180 days or longer, or for 180 360 days or more in any 1224-month period.; provided, that, the Company will comply with all obligations to provide reasonable accommodation of any disability of Executive consistent with applicable law. (b)

Appears in 1 contract

Sources: Employment Agreement (Eos Energy Enterprises, Inc.)

Termination Due to Death or Disability. During The Company may terminate the Employment Period, Executive’s employment shall automatically terminate in the event on account of Executive’s deathdisability, and may the Executive’s employment will terminate upon the Executive’s death. The Executive will be terminated by deemed to suffer from a disability if, as a result of the Company Executive’s incapacity due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodationillness, the Executive is absent from the full-time performance by Executive of Executive’s his duties with the Company for a continuous period of 90 days or longer, or for 180 days ninety (90) or more in days, whether or not consecutive, during any 12-six (6) month period.

Appears in 1 contract

Sources: Employment Agreement (Energysouth Inc)

Termination Due to Death or Disability. During the Employment Period, The Executive’s employment hereunder shall automatically terminate immediately upon the death or disability of the Executive. The Executive shall be deemed to be disabled if, in the event reasonable judgment of Executive’s deaththe Board, and may be terminated by the Company due Executive is unable to Executive’s Disability. For purposes perform the essential functions of this Agreementhis job with or without a reasonable accommodation for a period of at least one hundred twenty (120) consecutive days because of illness, “Disability” shall mean a incapacity or physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties for a continuous period of 90 days or longer, or for 180 days or more in any 12-month perioddisability.

Appears in 1 contract

Sources: Employment Agreement (Celator Pharmaceuticals Inc)

Termination Due to Death or Disability. During the Employment Period, Executive’s employment shall automatically terminate in the event of Executive’s death, and may be terminated by the Company due to Executive’s Disability. For the purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties under this Agreement for a continuous period of 90 days or longer, or for 180 days or more in any 12-month period.

Appears in 1 contract

Sources: Employment Agreement (Galaxy Digital Holdings Ltd.)

Termination Due to Death or Disability. During the Employment Period, The Executive’s employment hereunder shall automatically terminate upon the Executive’s death or in the event of Executive’s death, and may be terminated a termination by the Company Employers due to the Executive’s Disability. For purposes of this Agreement, “Disability” shall mean (i) a finding by the Board that the Executive has been unable to perform her job functions by reason of a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties impairment for a continuous period of 90 consecutive days or longerany 90 days within a period of 180 consecutive days. The Board’s good faith determination of Disability shall be final, or for 180 days or more in any 12-month periodbinding and conclusive.

Appears in 1 contract

Sources: Employment Agreement (Liberty Tax, Inc.)

Termination Due to Death or Disability. During the Employment Period, The Executive’s employment hereunder shall automatically terminate upon the Executive’s death or in the event of Executive’s death, and may be terminated a termination by the Company Employer due to the Executive’s Disability. For purposes of this Agreement, “Disability” shall mean (i) a finding by the Board that the Executive has been unable to perform his job functions by reason of a physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by Executive of Executive’s duties impairment for a continuous period of 90 one hundred twenty (120) consecutive days or longerany one hundred eighty (180) days within a period of one (1) year. The Board’s good faith determination of Disability shall be final, or for 180 days or more in any 12-month periodbinding and conclusive.

Appears in 1 contract

Sources: Employment Agreement (Streamline Health Solutions Inc.)

Termination Due to Death or Disability. During the Employment Period, Executive’s employment shall automatically terminate in the event of upon Executive’s death, death and may be terminated by the Company due to Executive’s Disability. In the event that Executive’s employment is terminated due to her death or Disability, the sole termination benefits payable to or in respect of Executive shall be as provided in Section 8(f). For purposes of this Agreement, “Disability” shall mean a occur if, by reason of physical or mental disability that preventsillness or incapacity, regardless Executive is unable to carry out her material duties pursuant to the terms of any reasonable accommodation, the performance by Executive of Executive’s duties this Agreement for a continuous period of 90 days or longer, or for more than 180 days or more in any 12-month periodconsecutive days.

Appears in 1 contract

Sources: Employment Agreement (Marsh & McLennan Companies, Inc.)

Termination Due to Death or Disability. During the Employment Period, Executive’s employment hereunder shall automatically terminate in the event of upon Executive’s death, death and may be terminated by the Company Avatar due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a physical or mental disability that prevents, regardless of any reasonable accommodation, prevents the performance by Executive of Executive’s duties under this Agreement for a continuous period of 90 days or longer, or for 180 days or more in any 12-month period.

Appears in 1 contract

Sources: Employment Agreement (Avatar Holdings Inc)

Termination Due to Death or Disability. During the Employment Period, Executive’s 's employment hereunder shall automatically terminate in immediately upon his death. In the event that by reason of Executive’s deathinjury, and may be terminated by the Company due to Executive’s Disability. For purposes of this Agreement, “Disability” shall mean a illness or other physical or mental disability that prevents, regardless of any reasonable accommodation, the performance by impairment Executive of Executive’s duties shall be: (a) completely unable to perform his services hereunder for a continuous period of 90 days or longermore than three (3) consecutive months, or (b) unable to perform his services hereunder for 180 days fifty percent (50%) or more in any 12-month period.of the normal working days throughout six (6) consecutive months, then Employer may terminate Executive's employment hereunder immediately upon delivery of notice thereof. Executive's

Appears in 1 contract

Sources: Employment Agreement (Pricesmart Inc)