Your Disability Clause Samples
Your Disability. Notwithstanding the foregoing, you shall not be deemed to have been Terminated by us for Cause under clauses (b) – (d) or (f) until the later to occur of (i) the 30th day after Notice of Termination is given and (ii) the delivery to you of a certified copy of a resolution duly adopted by the affirmative vote of not less than a majority of the total number of our directors at a meeting duly called and held (after reasonable notice to you), and at which you, together with your counsel, were given an opportunity to be heard, finding that one or more of the events described in clauses (b) – (d) or (f) above occurred, and specifying the particulars thereof in detail; provided, however, we may suspend you and withhold payment of your base salary, other compensation and benefits from the date that Notice of Termination is given until the earliest to occur of (i) Termination by us for Cause effected in accordance with the foregoing procedures (in which case you shall not be entitled to your base salary, other compensation or benefits for such period), (ii) a determination by a majority of our directors that none of the events described in clauses (b) – (d) or (f) above occurred (in which case you shall be reinstated and paid any of your previously unpaid base salary, other compensation and benefits for such period), or (iii) the 90th day after Notice of Termination is given (in which case you shall be reinstated and paid any of your previously unpaid base salary, other compensation and benefits for such period).
Your Disability. For the purposes of this Agreement, termination based on “Disability” shall mean termination resulting from a physical or mental condition that prevents You from performing the essential functions of Your position with or without reasonable accommodation for six (6) months in the aggregate during any twelve (12) month period or based on the written certification by two licensed physicians of the likely continuation of such condition for such period. This provision shall be interpreted and applied consistent with the Americans with Disabilities Act, the Family and Medical Leave Act, and other applicable law.
Your Disability. If you die prior to commencement of benefits and you were still CEO at the time of your death, then the person who is your spouse on the date of this letter ("Spouse") (or your Beneficiary if your Spouse has predeceased you or is not married to you at the time of your death) shall receive the benefit you would have received had there been a Sale of Company on the day before death. "
Your Disability. Notwithstanding the foregoing, the payment events listed in (i)- (vi) above shall be interpreted to comply with Section 409A of the Code and any applicable guidance and Treasury regulations, including (but not limited to) that payments on account of a "separation from service" will be delayed six months if you are a "specified employee" at the time of such separation from service.
Your Disability. If your employment with the Company terminates prior to the Vesting Date for any reason, you shall forfeit your Award and any notional earnings or interest credited to your Account. Notwithstanding the foregoing, the Committee may in its sole discretion at any time (including upon your retirement) determine that all or a portion of the Award shall be vested, in whole or in part. In the event that the Committee exercises its discretion in accordance with the preceding sentence, the date of such determination shall be the “Vesting Date.” The Committee may discriminate among Participants and among awards granted to a Participant in exercising its discretion pursuant to this Section 3.1.