If the Executive is incapacitated by accident, sickness or otherwise so as to render him mentally or physically incapable of performing fully the services required of him under this Agreement (referred to herein as a “ Disability ”) for a period of sixty (60) consecutive days, the Company may terminate this Agreement and the Executive’s employment effective immediately after the expiration of such period, upon giving the Executive written notice of such termination. In such event, the Company will pay to the Executive any accrued, earned and unpaid Salary and benefits through the date of termination, and, if applicable, any unused vacation days accrued as of the date of termination, and the Executive will not be entitled to any further payments or benefits under this Agreement. Notwithstanding the foregoing provision, the Company acknowledges that it may be subject to the requirements of the Americans with Disabilities Act, the Family and Medical Leave Act and corresponding state laws which may affect its right to terminate the Executive’s employment on account of a Disability.