During the Term, if, as a result of physical or mental incapacity or infirmity, Employee shall be unable to perform his duties under this Agreement for period of at least 120 continuous days during any employment period of twelve (12) consecutive months (each a “ Disability Period ”), the Company, by notice to Employee, shall have the right to terminate Employee’s employment at, as of or after the end of the Disability Period, subject to the requirements of applicable laws.