ATVI » Topics » Death or Disability.

This excerpt taken from the ATVI 10-Q filed Nov 10, 2008.
Death or Disability.  In the event your employment is terminated under Sections 10(e) or 9:

 

(i)                                    You or your heirs or estate, as applicable, shall receive payment of the Basic Severance in a lump sum within thirty (30) days following the Termination Date.

 

(ii)                                 You or your heirs or estate, as applicable, shall receive payment of the Bonus Severance in a lump sum on the 15th day of the third month of the year following the year in which the Termination Date occurs.

 

(iii)          All outstanding and unvested RSUs, along with any other outstanding and unvested Equity Awards, shall immediately vest, and, if applicable, become exercisable in full, as of the Termination Date.  The vested RSUs shall be paid in accordance with their terms.

 

(v)                                Payments and benefits under this Section 11(b) shall be in addition to any payments you or your beneficiaries or estate may be entitled to receive pursuant to any pension or employee benefit plan or life insurance policy maintained by the Employer.

 

(c)                                 

These excerpts taken from the ATVI 10-Q filed Feb 8, 2006.
Death or Disability. In the event of your death during the term of this agreement, this agreement shall terminate and Employer only shall be obligated to pay your estate or legal representative the salary provided for above to the extent earned by your prior to your death. In the event you are unable to perform the services required of you under this agreement as a result of any disability, and such disability continues for a period of 120 or more consecutive days or an aggregate of 120 or more days during any 12-month period during the term of this agreement, then Employer shall have the right, at its option, to terminate your employment under this agreement. Unless and until so terminated, during any period of disability during which you are unable to perform the services required of you under this agreement, your base salary shall be payable to the extent of, and subject to, Employer’s policies and practices then in effect with regard to sick leave and disability benefits.

 

(d)                                

Death or Disability. In the event of your death during the term of this agreement, this agreement shall terminate and Employer only shall be obligated to pay your estate or legal representative the salary provided for above to the extent earned by you prior to your death. In the event that you have or develop a disability that causes you to be unable to perform the duties

 

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required of you under this agreement, even with Employer providing you a reasonable accommodation, then Employer shall have the right, at its option, to terminate your employment under this agreement. Employee acknowledges that should such disability continue for a period of more than 12 weeks during any 12-month period, or if Employee is occupying a key position or performing key duties with Employer at the time of such absence, any further absence would likely cause Employer an undue hardship and/or substantial and grievous injury. Unless and until employment is terminated under this provision, in any period of disability during which you are unable to perform the services required of you under this agreement, your base salary shall be payable to the extent of, and subject to, Employer’s policies and practices then in effect with regard to sick leave, vacation days and disability benefits.

 

(d)                                

Death or Disability. In the event of your death during the term of this agreement, this agreement shall terminate and Employer only shall be obligated to pay your estate or legal representative the salary provided for above to the extent earned by your prior to your death. In the event you are unable to perform the services required of you under this agreement as a result of any disability, and such disability continues for a period of 60 or more consecutive days or an aggregate of 90 or more days during any 12-month period during the term of this agreement, then Employer shall have the right, at its option, to terminate your employment under this agreement. Unless and until so terminated, during any period of disability during which you are unable to perform the services required of you under this agreement, your base salary shall be payable to the extent of, and subject to, Employer’s policies and practices then in effect with regard to sick leave and disability benefits.

 

(d)                                

This excerpt taken from the ATVI 10-Q filed Nov 3, 2005.
Death or Disability.  In the event of your death during the term of this Agreement, this Agreement shall terminate and Employer shall be obligated to pay only your estate or legal representative the amounts set forth in Paragraph 9(e)(i) below and further comply with provisions of Paragraph 9(f)(iii).  In the event that you have or develop a Disability, then Employer shall have the right, at its option, to terminate your employment under this Agreement, subject to the provisions of Paragraphs 9(e)(ii) and 9(f)(iii) below. Unless and until so terminated, during any period of Disability during which you are unable to perform the services required of you under this Agreement, your Base Salary shall be payable to the extent of, and subject to, Employer’s policies and practices then in effect with regard to sick leave and disability benefits.  “Disability” shall be determined in accordance with the definitions set forth in the Employer’s disability insurance policies and shall be determined by a physician mutually agreed upon by you and Employer.  If you and Employer are unable to agree on such a physician, you and Employer shall each appoint one physician and those two physicians shall appoint a third physician who shall make such a determination.  You shall cooperate and make yourself available for any medical examination reasonably required by Employer with respect to any determination of your Disability.

 

(d)                                

This excerpt taken from the ATVI 10-Q filed Aug 4, 2005.
Death or Disability.  In the event of your death during the term of this Agreement, this Agreement shall terminate and Employer shall be obligated to pay only your estate or legal representative the amounts set forth in Paragraph 9(d)(i) below.   In the event that you have or develop a Disability, then Employer shall have the right, at its option, to terminate your employment under this Agreement, subject to the provisions of Paragraph 9(d)(ii) below. Unless and until so terminated, during any period of Disability during which you are unable to perform the services required of you under this Agreement, your Base Salary shall be payable to the extent of, and subject to, Employer’s policies and practices then in effect with regard to sick leave and disability benefits. “Disability” shall be determined in accordance with the definitions set forth in the Employer’s disability insurance policies and shall be determined by a physician mutually agreed upon by you and Employer. If you and Employer are unable to agree on such a physician, you and Employer shall each appoint one physician and those two physicians shall appoint a third physician who shall make such a determination. You shall cooperate and make yourself available for any medical examination reasonably required by Employer with respect to any determination of your Disability.

 

(d)                                

"Death or Disability." elsewhere:

Triumph Group (TGI)
Lexmark International (LXK)
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