Common use of Termination in Case of Disability Clause in Contracts

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.

Termination in Case of Disability. 9.2.1 8.2.1 If Officer suffers a physical or mental disability which results in officer being unable to perform his duties hereunder for a twenty six (26) 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) 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 8.2.2 Upon termination of Officer's employment pursuant to this Section 9.28.2, 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 9.28.2); 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 5.4.44.4.4.