Termination in Case of Disability Sample Clauses

The 'Termination in Case of Disability' clause allows an employer or contracting party to end an agreement if the other party becomes unable to perform their essential duties due to a disability. Typically, this clause outlines the conditions under which a disability is deemed sufficient for termination, such as a specific duration of incapacity or a medical determination. Its core function is to provide a clear and fair process for ending the relationship when continued performance is no longer feasible, thereby protecting both parties from uncertainty and potential disputes.
Termination in Case of Disability. The Employee shall not be in breach of this Agreement if he shall fail to perform his duties hereunder because of physical or mental disability. If for a continuous period of 12 months during the Term the Employee fails to render services to the Employer because of the Employee's physical or mental disability, the Board or its delegate may end the Term prior to its stated termination date. If there should be any dispute between the parties as to the Employee's physical or mental disability at any time, such question shall be settled by the opinion of an impartial reputable physician agreed upon for the purpose by the parties or their representatives, or failing agreement within 10 days of a written request therefor by either party to the other, then one designated by the then president of the local Academy of Medicine. The written opinion of such physician as to the matter in dispute shall be final and binding on the parties.
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Termination in Case of Disability. (a) If Consultant suffers a physical or mental disability that results in Consultant being unable to perform his duties hereunder for a 16-consecutive-week period, then the Board of Directors of the Company shall select a qualified physician to examine Consultant and review his physical and mental capacity. If such physician determines in good faith that such physical or mental disability renders Consultant incapable of performing his duties hereunder for a period of at least 16 consecutive weeks following the date of such physician’s written opinion, then, unless Consultant resumes the performance of his duties hereunder, Consultant’s employment shall terminate effective 16 weeks following the date of such physician’s written opinion. Notwithstanding the foregoing, Consultant will retain the right, without obligation, to resume the performance of his duties hereunder at any time before such termination, in which case his employment hereunder will continue. (b) Upon termination of Consultant’s employment pursuant to this Section 7.2, the Company shall pay to Consultant, on the Termination Date, a lump sum payment of an amount equal to the Accrued Compensation plus the amount Consultant would have earned as Consulting Compensation during the remaining scheduled Term (determined without regard to the termination of this Agreement under this Section 7.2); provided, however, such amount will be reduced by the fixed and determinable amount of any payments to be made to Consultant during the remaining scheduled Term (determined without regard to the termination of the Agreement under this Section 7.2) under any long-term disability insurance policy maintained by the Company for the benefit of Consultant pursuant to Section 4.2(a). In addition to the foregoing, and notwithstanding the provisions of any other agreement to the contrary, (i) all options to purchase the Common Stock of the Company that have been granted to Consultant and that would have vested during the 24 months following the Termination Date will become immediately exercisable on the Termination Date and all other equity awards that have been awarded to Consultant, including restricted awards, that would have vested during the 24 months following the Termination Date will become fully vested on the Termination Date and no longer subject to restrictions on transfer (except for performance-based awards, which shall vest only upon satisfaction of the applicable performance goals) and, notwithstanding...
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Termination in Case of Disability. Death or for ----------------------------------------------- Cause. ----- (a) If the Employee, due to physical or mental injury, illness, disability or incapacity, shall fail to render the services provided for in this Agreement for a consecutive period of three (3) months, or an aggregate of three (3) months in any six (6) month period, the Company may, at its option, terminate the Employee's employment hereunder upon fourteen (14) days' written notice to the Employee. (b) If the Employee shall die during the term of this Agreement, this Agreement and the Employee's employment hereunder shall terminate immediately upon the Employee's death, except that the Company shall be required to continue paying to the Employee's spouse (or estate, if there shall be no surviving spouse) the severance compensation payable pursuant to Section 6 hereof consisting of an amount equal to $95,000 in cash, payable in accordance with the Company's payroll policies for a period of six (6) months following such death. (c) Notwithstanding anything to the contrary in this Agreement, the Company, upon notice to the Employee, may terminate this Agreement and the employment of the Employee hereunder for Cause, which, for purposes of this Agreement, shall be defined to mean (i) the continued and repeated failure or refusal by the Employee to perform specific directives of the Board of Directors or the Chief Executive Officer of the Company, (ii) embezzlement or any offense involving misuse or misappropriation of money or other property of the Company, (iii) conviction for a felony, (iv) any act of dishonesty, disloyalty or other conduct that is materially injurious to the Company, or (v) material breach by the Employee of any of the terms of this Agreement other than those contained in this Section 5.
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Termination in Case of Disability. In case of a Disability, which for this purpose shall mean that as a result of illness or injury, ▇▇▇▇▇▇▇▇ is unable substantially to perform his duties hereunder for a period of at least ninety (90) consecutive days, or a total of at least 180 days in any period of 365 consecutive days, the Company may terminate ▇▇▇▇▇▇▇▇'▇ employment hereunder upon giving ▇▇▇▇▇▇▇▇ at least thirty (30) days' written notice of termination.
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Termination in Case of Disability. In the event of the EMPLOYEE’s termination of employment as a result of his disability, the EMPLOYEE will receive the amounts set forth in subsections (i) and (ii) of Section 6.2 and the proceeds of the group disability plans along with the supplemental disability plans, as described in Exhibit C, if he is eligible in accordance with the terms of such plans.
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Termination in Case of Disability. 9.2.1 If Officer suffers a physical or mental disability which results in officer being unable to perform his duties hereunder for a twenty six (26) consecutive week period, then the Board of Directors shall select a qualified physician to examine officer and review his physical and mental capacity. If such physician determines in good faith that such physical or mental disability renders Officer incapable of performing his duties hereunder for a period of at least twenty six (26) consecutive weeks following the date of such physician's written opinion, then Officer's employment shall terminate effective as of the date of such physician's written opinion. 9.2.2 Upon termination of Officer's employment pursuant to this Section 9.2, the Company shall pay to Officer, on the Termination Date, a lump sum payment of an amount equal to (x) all accrued and unpaid salary and other compensation payable to officer by the Company and all accrued and unused vacation and sick pay payable to Officer by the Company with respect to services rendered by Officer to the Company through the Termination Date, and (y) the amount officer would have earned as Base Salary during the remaining scheduled Term of the Agreement (computed without regard to the termination of the Agreement pursuant to this Section 9.2); provided, however, such amount shall be reduced by the amount of any payments to be paid to Officer under any long-term disability insurance policy maintained by the Company for the benefit of officer pursuant to Section 5.4.4.
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Termination in Case of Disability. The Employee shall not be in breach of this Agreement if he shall fail to perform his duties hereunder because of physical or mental disability. If for a continuous period of 12 months during the Term the Employee fails to render services to the Employer because of the Employee's physical or mental disability, the Board or its designee may end the Term prior to its stated termination date. If there should be any dispute between the parties as to the Employee's physical or mental disability at any time, such question shall be settled by the opinion of an impartial reputable physician agreed upon in writing for the purpose by the parties or their representatives, or failing agreement within 10 days of a written request therefor by either party to the other, then one designated by the then Chief Executive Officer of Massachusetts General Hospital, Boston, Massachusetts. All expenses related to and including any medical, psychological, or physical test performed or recommended by such physician shall be borne by Employer. The written opinion of such physician as to the matter in dispute shall be final and binding on the parties. In the event of the termination of the Employee's employment by reason of disability, the Company shall pay the Employee (a) an amount equal to any Base Compensation through the termination date which is unpaid as of such termination date, (b) an amount equal to the sum of any annual bonus unpaid as of such termination date for any year ending prior to the year in which the termination occurs, and (c) for the year in which such termination date occurs, an amount equal to the "Prorated Annual Bonus" (which shall mean that portion of the annual bonus that the Employee would have earned, if he had remained employed for the entire year, multiplied by a fraction of which the numerator is the number of days during which the Employee remained employed in such year and the denominator is 365) .
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Termination in Case of Disability. The Executive shall not be in breach of this Agreement if she shall fail to perform her duties hereunder because of physical or mental disability. If for a continuous period of twelve (12) months during the Term the Executive fails to render services to the Company because of the Executive's physical or mental disability, the Board or its delegate may end the Term. If there should be any dispute between the parties as to the Executive's physical or mental disability at any time, such question shall be settled by the opinion of an impartial reputable physician agreed upon for the purpose by the parties or their representatives, or failing agreement within sixty (60) days of a written request therefor by either party to the other, then one designated by the then president of the local Academy of Medicine.
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Termination in Case of Disability 
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Related to Termination in Case of Disability

  • Termination by Disability In the event the employment of the Optionee is terminated by reason of Disability, the Option shall become immediately and fully exercisable as of the date the Committee determines the Optionee terminated for Disability and shall remain exercisable at any time prior to the end of the Exercise Term, or for one (1) year after the date of termination, whichever period is shorter.

  • Termination Upon Death or Permanent Disability This Agreement shall be automatically terminated on the death of Executive or on the permanent disability of Executive if Executive is no longer able to perform in all material respects the usual and customary duties of Executive’s employment hereunder. For purposes hereof, any condition which in reasonable likelihood is expected to impair Executive’s ability to materially perform Executive’s duties hereunder for a period of three months or more shall be considered to be permanent.

  • TERMINATION FOR DISABILITY OR DEATH (a) Termination of Executive’s employment based on “Disability” shall be construed to comply with Section 409A of the Internal Revenue Code and shall be deemed to have occurred if: (i) Executive is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, or last for a continuous period of not less than 12 months; (ii) by reason of any medically determinable physical or mental impairment that can be expected to result in death, or last for a continuous period of not less than 12 months, Executive is receiving income replacement benefits for a period of not less than three months under an accident and health plan covering employees of the Bank or the Company; or (iii) Executive is determined to be totally disabled by the Social Security Administration. The provisions of Sections 6(b) and (c) shall apply upon the termination of the Executive’s employment based on Disability. Upon the determination that Executive has suffered a Disability, disability payments hereunder shall commence within thirty (30) days. (b) Executive shall be entitled to receive benefits under all short-term or long-term disability plans maintained by the Bank for its executives. To the extent such benefits are less than Executive’s Base Salary, the Bank shall pay Executive an amount equal to the difference between such disability plan benefits, Social Security disability benefits and the amount of Executive’s Base Salary for the longer of one (1) year following the termination of his employment due to Disability or the remaining term of this Agreement, which shall be payable in accordance with the regular payroll practices of the Bank. (c) The Bank shall cause to be continued non-taxable medical and dental coverage substantially comparable, as reasonably available, to the coverage maintained by the Bank for Executive prior to the termination of his employment based on Disability, except to the extent such coverage may be changed in its application to all Bank employees or not available on an individual basis to an employee terminated based on Disability. This coverage shall cease upon the earlier of (i) the date Executive returns to the full-time employment of the Bank; (ii) Executive’s full-time employment by another employer; (iii) expiration of the remaining term of this Agreement; or (iv) Executive’s death. (d) In the event of Executive’s death during the term of this Agreement, his estate, legal representatives or named beneficiaries (as directed by Executive in writing) shall be paid Executive’s Base Salary at the rate in effect at the time of Executive’s death in accordance with the regular payroll practices of the Bank for a period of one (1) year from the date of Executive’s death, and the Bank shall continue to provide non-taxable medical, and dental insurance benefits normally provided for Executive’s family (in accordance with its customary co-pay percentages) for twelve (12) months after Executive’s death. Such payments are in addition to any other life insurance benefits that Executive’s beneficiaries may be entitled to receive under any employee benefit plan maintained by the Bank for the benefit of Executive, including, but not limited to, the Bank’s tax-qualified retirement plans.

  • Termination by Reason of Disability If the Optionee’s employment by the Company terminates by reason of Disability, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination (after giving effect to any acceleration of vesting provided for in Section 2 above), by the Optionee or personal representative or guardian of the Optionee, as applicable, for a period of three (3) years from the date of such termination of employment or until the expiration of the Term of the Option, whichever period is the shorter.

  • Termination by Death or Disability In the event of the Executive’s death or total disability (as defined in Section 22(e)(3) of the Internal Revenue Code of 1986, as amended) during the Term, the Term and Executive’s employment shall terminate on the date of death or total disability. In the event of such termination, the Company’s sole obligations hereunder to the Executive (or the Executive’s estate) shall be for unpaid Base Salary, accrued but unpaid bonus and benefits (then owed or accrued and owed in the future), a pro-rata bonus for the year of termination based on the Executive’s target bonus for such year and the portion of such year in which the Executive was employed, and reimbursement of expenses pursuant to the terms hereon through the effective date of termination, each of which shall be paid within 10 days following the date of the Executive’s termination, and any unvested portion of any Equity Grants shall immediately be forfeited as of the termination date without any further action of the Parties.