Common use of Termination on Account of Disability Clause in Contracts

Termination on Account of Disability. If, as a result of incapacity due to physical or mental illness or injury, Employee shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), Employer may terminate Employee's employment hereunder provided Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Employee may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Employee shall have furnished Employer with a written statement from a qualified doctor to such effect and provided, further, that, at Employer's request made within thirty (30) days of the date of such written statement, Employee shall submit to an examination by a doctor selected by Employer who is reasonably acceptable to Employee or Employee's doctor and such doctor shall have concurred in the conclusion of Employee's doctor. In the event this Agreement is terminated as a result of Employee's disability, Employee shall receive from Employer, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Employee as a result of such disability.

Termination on Account of Disability. If, as a result of incapacity due to physical or mental illness or injury, Employee shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), Employer Company may terminate Employee's employment hereunder provided Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Employee may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Employee shall have furnished Employer Company with a written statement from a qualified doctor to such effect and provided, further, that, at EmployerCompany's request made within thirty (30) days of the date of such written statement, Employee shall submit to an examination by a doctor selected by Employer Company who is reasonably acceptable to Employee or Employee's doctor and such doctor shall have concurred in the conclusion of Employee's doctor. In the event this Agreement is terminated as a result of Employee's disability, Employee shall receive from EmployerCompany, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Employee as a result of such disability.

Termination on Account of Disability. If, as a result of incapacity due to physical or mental illness or injury, Employee Executive shall have been absent from his full-time duties hereunder for four six (46) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four six (46) month period, but which shall not be effective earlier than the last day of such four six (46) month period), Employer may terminate EmployeeExecutive's employment hereunder provided Employee Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Employee Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Employee Executive shall have furnished Employer with a written statement from a qualified doctor to such effect and provided, further, that, at Employer's request made within thirty (30) days of the date of such written statement, Employee Executive shall submit to an examination by a doctor selected by Employer who is reasonably acceptable to Employee Executive or EmployeeExecutive's doctor and such doctor shall have concurred in the conclusion of EmployeeExecutive's doctor. In the event this Agreement is terminated as a result of EmployeeExecutive's disability, Employee Executive shall receive from Employer, in a lump-sum payment due within ten thirty (1030) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement (as defined below) or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Employee Executive as a result of such disabilitydisability to the extent such disability insurance is provided by Employer or LandCare USA or any of their affiliates.

Termination on Account of Disability. If, as a result of incapacity due to physical or mental illness or injury, Employee Executive shall have been absent from his full-time duties hereunder for four six (46) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four six (46) month period, but which shall not be effective earlier than the last day of such four six (46) month period), Employer the Company may terminate EmployeeExecutive's employment hereunder provided Employee Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Employee Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Employee Executive shall have furnished Employer the Company with a written statement from a qualified doctor to such effect and provided, further, that, at Employerthe Company's request made within thirty (30) days of the date of such written statement, Employee Executive shall submit to an examination by a doctor selected by Employer the Company who is reasonably acceptable to Employee Executive or EmployeeExecutive's doctor and such doctor shall have concurred in the conclusion of EmployeeExecutive's doctor. In the event this Agreement is terminated as a result of EmployeeExecutive's disability, Employee Executive shall receive from Employerthe Company, in a lump-sum payment due within ten thirty (1030) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement (as defined below) or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Employee Executive as a result of such disabilitydisability to the extent such disability insurance is provided by the Company or TransCom or any of their affiliates.

Termination on Account of Disability. If, as a result of incapacity due to physical or mental illness or injury, Employee shall have been absent from his full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), Employer Company may terminate Employee's ’s employment hereunder provided Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Employee may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Employee shall have furnished Employer Company with a written statement from a qualified doctor to such effect and provided, further, that, at Employer's Company’s request made within thirty (30) days of the date of such written statement, Employee shall submit to an examination by a doctor selected by Employer Company who is reasonably acceptable to Employee or Employee's ’s doctor and such doctor shall have concurred in the conclusion of Employee's ’s doctor. In the event this Agreement is terminated as a result of Employee's ’s disability, Employee shall receive from EmployerCompany, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Employee as a result of such disability.

Termination on Account of Disability. If, as a result of incapacity due to physical or mental illness or injury, Employee Executive shall have been absent from his full-time duties hereunder for four six (46) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four six (46) month period, but which shall not be effective earlier than the last day of such four six (46) month period), Employer the Company may terminate EmployeeExecutive's employment hereunder provided Employee Executive is unable to resume his full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Employee Executive may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his physical or mental health or his life, provided that Employee Executive shall have furnished Employer the Company with a written statement from a qualified doctor to such effect and provided, further, that, at Employerthe Company's request made within thirty (30) days of the date of such written statement, Employee Executive shall submit to an examination by a doctor selected by Employer the Company who is reasonably acceptable to Employee Executive or EmployeeExecutive's doctor and such doctor shall have concurred in the conclusion of EmployeeExecutive's doctor. In the event this Agreement is terminated as a result of EmployeeExecutive's disability, Employee Executive shall receive from Employerthe Company, in a lump-sum payment due within ten thirty (1030) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement (as defined below) or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Employee Executive as a result of such disabilitydisability to the extent such disability insurance is provided by the Company or LandCare USA or any of their affiliates.

Termination on Account of Disability. If, as If Employee is determined to have a result of incapacity due to physical or mental illness or injury“Disability” (defined herein), Employee shall have been absent from his full-time duties hereunder be entitled to receive Employee’s Salary and to continue to participate in the employee benefit plans and programs described in Section 3.2, as in effect with respect to Employee immediately prior to such determination, for four six (46) consecutive monthsmonths (or, then thirty if less, until Employee is able to return to active employment with the Company). If Employee is unable to return to work with the Company at the completion of that six (30) days after receiving written notice (which notice may occur before or after the end of such four (46) month period, but which shall not be effective earlier than the last day Company may elect to terminate Employee’s employment by sending written notice of such four election to Employee. In such event, the Company shall provide Employee Earned Pay and the COBRA Cash Stipend for the same period, as described in Section 5.1(b) (4as if employment had been terminated involuntarily by the Company without Cause at the completion of such initial six (6) month period), Employer may terminate Employee's employment hereunder provided but not the Severance Pay. The term “Disability” shall mean Employee is unable to resume his full-time duties with or without reasonable accommodation at the conclusion engage in any substantially gainful activity by reason of such notice period. Also, Employee may terminate his employment hereunder if his health should become impaired to an extent that makes the continued performance of his duties hereunder hazardous to his any medically determinable physical or mental health impairment that can be expected to result in death or his lifecan be expected to last for a continuous period of not less than twelve (12) months. Any determination of whether Employee has a Disability shall be based upon sufficient medical evidence from a physician selected by Employee (or Employee’s personal representative or guardian) for that purpose. If any question arises as to whether during any period Employee has a Disability, provided that Employee shall, at the request of the Company, submit to the Company a certification, in reasonable detail by a physician selected by the Company to whom Employee (or Employee’s personal representative or guardian) has no reasonable objection, as to whether Employee has a Disability or how long the Disability will continue. Employee shall have furnished Employer cooperate with a written statement from a qualified doctor to such effect and provided, further, that, at Employer's any reasonable request made within thirty (30) days of the date physician in connection with such certification. If a question arises and Employee fails to submit such certification, the Company’s determination of such written statementissue shall be binding on Employee. Nothing in this Section 5.1(e) shall be construed to waive Employee’s rights, Employee shall submit to an examination by a doctor selected by Employer who is reasonably acceptable to Employee or Employee's doctor and such doctor shall have concurred in the conclusion of Employee's doctor. In the event this Agreement is terminated as a result of Employee's disabilityif any, Employee shall receive from Employerunder existing law including, in a lump-sum payment due within ten (10) days of the effective date of terminationwithout limitation, the base salary at Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq. and the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) yearAmericans with D▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Employee as a result of such disability▇▇ ▇.▇.▇. §▇▇▇▇▇ et seq.

Termination on Account of Disability. If, as a result of incapacity due to physical or mental illness or injury, Employee shall have been absent from his her full-time duties hereunder for four (4) consecutive months, then thirty (30) days after receiving written notice (which notice may occur before or after the end of such four (4) month period, but which shall not be effective earlier than the last day of such four (4) month period), Employer Company may terminate Employee's ’s employment hereunder provided Employee is unable to resume his her full-time duties with or without reasonable accommodation at the conclusion of such notice period. Also, Employee may terminate his her employment hereunder if his her health should become impaired to an extent that makes the continued performance of his her duties hereunder hazardous to his her physical or mental health or his her life, provided that Employee shall have furnished Employer Company with a written statement from a qualified doctor to such effect and provided, further, that, at Employer's Company’s request made within thirty (30) days of the date of such written statement, Employee shall submit to an examination by a doctor selected by Employer Company who is reasonably acceptable to Employee or Employee's ’s doctor and such doctor shall have concurred in the conclusion of Employee's ’s doctor. In the event this Agreement is terminated as a result of Employee's ’s disability, Employee shall receive from EmployerCompany, in a lump-sum payment due within ten (10) days of the effective date of termination, the base salary at the rate then in effect for whatever time period is remaining under the Initial Term of this Agreement or for one (1) year, whichever amount is greater; provided, however, that any such payments shall be reduced by the amount of any disability insurance payments payable to the Employee as a result of such disability.