Common use of TERMINATION OF EMPLOYMENT; EFFECT OF TERMINATION Clause in Contracts

TERMINATION OF EMPLOYMENT; EFFECT OF TERMINATION. (a) Executive’s employment hereunder shall terminate upon the first to occur of the following: (i) upon thirty (30) days’ prior written notice to Executive upon the determination by the Board of Directors that Executive’s employment shall be terminated for any reason which would not constitute “justifiable cause”; (ii) upon written notice to Executive upon the determination by the Board of Directors that there is justifiable cause for such termination; (iii) automatically upon the death of Executive; (iv) in accordance with the terms of subsection (e) hereof upon the “disability” (as defined below) of Executive; or (v) upon thirty (30) days’ prior written notice by Executive to the Company of Executive’s voluntary termination of employment. (b) For the purposes of this Agreement: (i) The term “disability” shall mean the inability of Executive, due to illness, accident or any other physical or mental incapacity, to perform the essential functions of his duties, with or without reasonable accommodation, for a period of three (3) months (whether or not consecutive) in any twelve (12) month period during the Employment Term, as reasonably determined by the Board of Directors, in good faith, after examination of Executive by an independent physician.

TERMINATION OF EMPLOYMENT; EFFECT OF TERMINATION. (a) Executive’s 's employment hereunder shall terminate may be terminated at any time upon written notice from the first Company to occur of the following:Executive, (i) upon thirty (30) days’ prior written notice to Executive upon the determination by the Board of Directors that Executive’s employment shall be terminated 's performance of his duties has not been fully satisfactory for any reason reason, which would not constitute “justifiable "cause”" (as hereinafter defined), upon sixty (60) days' prior written notice to Executive; (ii) upon written notice to Executive upon the determination by the Board of Directors of the Company that there is justifiable cause for such termination, upon ten (10) days' prior written notice to Executive; (iii) automatically upon the death of Executive; (iv) in accordance with the terms of subsection (e) hereof upon the “disability” (as defined below) of Executive; or (viv) upon thirty the "disability" of Executive (30) days’ prior written notice by Executive to the Company of Executive’s voluntary termination of employmentas hereinafter defined). (b) For the purposes of this Agreement: (i) The , the term “"disability” " shall mean the inability of Executive, due to illness, accident or any other physical or mental incapacity, to perform the essential functions of his duties, with or without reasonable accommodation, duties in a normal manner for a period of three (3) consecutive months or for a total of six (6) months (whether or not consecutive) in any twelve (12) month period during the Employment Term, term of this Agreement as reasonably determined by the Board of Directors, in good faith, Directors of the Company after examination of Executive by an independent physicianphysician reasonably acceptable to Executive.

TERMINATION OF EMPLOYMENT; EFFECT OF TERMINATION. (a) Executive’s 's employment hereunder shall terminate may be terminated at any time upon written notice from the first Company to occur of the following:Executive, (i) upon thirty (30) days’ prior written notice to Executive upon Upon the determination by the Board of Directors of the Company that Executive’s employment shall be terminated 's performance of his duties has not been fully satisfactory for any reason which would not constitute “justifiable cause”;cause (as hereunder defined) upon five (5) days' prior written notice to Executive; or (ii) Immediately upon written notice to Executive upon the determination by the Board of Directors of the Company that there is justifiable cause exists for such termination;. (iiib) automatically upon Executive's employment shall terminate upon: (i) the death of Executive; (iv) in accordance with the terms of subsection (e) hereof upon the “disability” (as defined below) of Executive; or (vii) upon thirty the "disability" of Executive (30as hereinafter defined pursuant to subsection (c) days’ prior written notice by Executive to the Company of Executive’s voluntary termination of employmentbelow). (bc) For the purposes of this Agreement: (i) The , the term “"disability” " shall mean the inability of Executive, due to illness, accident or any other physical or mental incapacity, to perform the essential functions of his duties, with or without reasonable accommodation, duties in a normal manner for a period of three (3) consecutive months or for a total of six (6) months whether or not consecutive) in any twelve (12) month period during the Employment Term, as reasonably determined by the Board term of Directors, in good faith, after examination of Executive by an independent physicianthis Agreement.

TERMINATION OF EMPLOYMENT; EFFECT OF TERMINATION. (a) Executive’s 's employment hereunder shall terminate may be terminated at any time upon written notice from the first Company to occur of the following:Executive, (i) upon thirty (30) days’ prior written notice to Executive upon the determination by the Board of Directors that Executive’s employment shall be terminated 's performance of his duties has not been fully satisfactory for any reason which would not constitute “justifiable cause”;cause (as hereinafter defined) upon five (5) days' prior to written notice to Executive; or (ii) immediately upon written notice to Executive upon the determination by the Board of Directors that there is justifiable cause exists for such termination;. (iiib) automatically upon Executive's employment shall terminate upon: (i) the death of Executive; (iv) in accordance with the terms of subsection (e) hereof upon the “disability” (as defined below) of Executive; or (vii) upon thirty the "disability" of Executive (30as hereinafter defined pursuant to subsection (c) days’ prior written notice by Executive to the Company of Executive’s voluntary termination of employmentherein). (bc) For the purposes purpose of this Agreement: (i) The , the term “"disability” " shall mean the inability of Executive, due to illness, accident or any other physical or mental incapacity, to perform the essential functions of his duties, with or without reasonable accommodation, duties in a normal manner for a period of three (3) consecutive months or for a total of six (6) month (whether or not consecutive) in any twelve (12) month period during the Employment Term, as reasonably determined by the Board term of Directors, in good faith, after examination of Executive by an independent physicianthis Agreement.